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HomeMy WebLinkAboutAGENDA REPORT 2001 0718 CC REG ITEM 11KITEM 1!. . CIT "V 0. �.; tj -. ! ,9c>© ACT -1 0�j, dE?rove4 t)+&Pr MOORPARK CITY COUNCIL AGENDA REPORT C -t' TO: The Honorable City Council FROM: Kenneth C. Gilbert Director of Public Works DATE: July 5, 2001 (CC Meeting 7- 18 -01) SUBJECT: Consider Approval of the Engineer's Report for Assessment District AD01 -3 [Cabrillo Economic Development Corporation - Tentative Tract 51611 DISCUSSION A. Background On April 18, 2001, the City Council adopted Resolution No. 2001 -1836, stating the City Council's intent to form the subject Assessment District. At that time the City Council also authorized staff to approve an amendment to the contract with Shilts Associates, to provide the assessment engineering services required for that district formation. B. Tentative Tract 5161 [Cabrillo Economic Development Corp.] The subject tentative tract is located south of Poindexter Avenue and west of Poindexter Park as generally shown on Exhibit 1. C. Petition & Waiver The developer of Tentative Tract 5161, Cabrillo Economic Development Corp. [herein "Cabrillo "] has signed and submitted to the City, a Petition and Waiver [Exhibit 21 which 1) requests the formation of the subject assessment district and 2) waives all rights conferred by Proposition 218 relative to the approval of the new assessment by Mail Ballot. Upon receipt, approval and acceptance of this Petition and Waiver, Proposition 218 Mail Ballots would not be required in order to add this new assessment to the amounts levied upon the properties described in the Petition and Waiver. Ad01_03_5161 —rpt C00237 AD01 -03 [Tract 51611 Engineer's Report July 5, 2001 Page 2 D. Engineer's Report Attached to the Petition and Waiver as Exhibit subject Engineer's Report for AD01 -3 for FY information contained in the engineer's Report following: • a Boundary Map for AD01 -3; • the reason for the assessment; • the duration of the assessment; • the method of assessment; • the amount of the annual assessment; and • a description of improvements to be maintained. E. Improvements to be Maintained `A', is the 2.001/02. The includes the 1. Landscaped Parkways: The landscaped parkway to be maintained by the subject Assessment District is located on the south side of Poindexter Avenue between the future Gisler Road and the northwest corner of Tentative Tract 5161, as generally shown on Exhibit 1. 2. Drainage Facilities: The improvements to be maintained also include the cleaning of catch basins and catch basin inserts, within the Tentative Tract, as generally shown on Exhibit 1. F. Assessment Amount The amount of the annual assessment for AD01 -3 will be based on the estimated annual cost to provide the necessary maintenance and to administer the assessment district. Based on those estimated costs, the amount of the proposed annual assessment for AD01 -3 is as follows: Description Total Assmnt Landscaping $480.00 Drainage $7,500.00 Contingency (20 %) $1,980.00 Administration (ind Assmnt Eng.) $400.00 Total $10,360.00 G. Cost of Living Adjustments Nn_ of I ntc Par I n+ Accmnt 59 $175.59 The Engineer's Report stipulates that, in future years, the assessment amounts may be adjusted, as necessary to accommodate any increases to the cost of maintenance, provided said assessment increases do not exceed the increase to the Consumer Ad01_03 5161_rpt 0 1`1113-111 8' AD01 -03 [Tract 51611 Engineer's Report July 5, 2001 Page 3 Price Index (CPI) . The Engineer's report also states that any such increase which is deferred, may be added in a subsequent year. H. Public Hearing Adoption of the attached Resolution (Exhibit 3) will approve the Engineer's Report and sets August 1, 2001, as the date of a public hearing to consider approval of the levy of the assessments set forth in the Engineer's Report. STAFF RECOMMENDATIONS Adopt Resolution No. 2001- approving the Engineer's Report for AD01 -3 for FY 2001/02 and setting August 1, 2001, as the date of a public hearing to consider the levy of the assessments provided for in said Engineer's Report. Attachments: Exhibit 1: Exhibit 2: Exhibit 3: Map of Tentative tract 5161 Petition / Waiver & Engineer's Report Resolution Ad01 03 5161 r - t C p 9 1 Exhibit 1 - __ — POMIWX7WF AVENW _ - -- AD01 -3 CT51611 .f 2 I a I Improvements I ', to be Maintained 'Fn 19 a, 8.21 Q ist X 1 a a I ro, RI "A. — L 2f 26 21 I 1J 21 i 2a i JO JI 12 j SJ %DW "A' 1 I LM .c. , — rEuu courT�, 1 r r 'ii �' 0 ' f-{.. pe I1 ca Io Jar se J� .� Js JI al H 0 S'i If 10 42 � U ref -ri l PARK >1 QQ a W I 1 r r - -1 •A - -s x u 8174E6T ° LRAF `A-2 ' �4 4J RS a U I :II LAW 'A rcl 40 At LAW "R-]" _.,sl .... • i Law yB' •r- -_.._. .— ._y- •-•^_- LAC 'A_," r � LM 'A-S' 39 I se 51 56 S: u ANSSKW BELL I PLAZA TRACT 5161 T NO SCALE 7.77) 0 PETITION AND WAIVER RE FORMATION OF AN ASSESSMENT DISTRICT FOR TRACT 5161 TO: The Honorable City Council City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 RE: Establishment of a Landscape Maintenance Assessment District [ADO 1 -3] for Tract No. 5161 The undersigned is the record owner(s) in fee simple of all of the real property identified below ( "the Property "). The Property is located within the City of Moorpark ( "the City ") and is the subject of a Tentative Tract Map 5161 ( "the Tract'). The undersigned stipulates that certain improvements ( "the Improvements "), to be constructed by the undersigned, will be maintained by a homeowners' association formed by the undersigned or by an assessment district formed by the City. The undersigned hereby petitions the City Council of the City ( "the City Council ") to form a new Landscape Maintenance Assessment District ( "the District ") for the purpose of having the City maintain the Improvements at the expense of the undersigned and its successors -in- interest, including the subsequent owners of the lots into which the Property is to be subdivided upon the recordation of the final maps for the Tract. The undersigned hereby waives, for itself and its successors -in- interest, all of the rights conferred upon the owners of real property under Article XIII D of the California Constitution and the implementing statute at Article 4.6 of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code (commencing with Section 53750) (collectively "the Article "). The undersigned also waives, for itself and its successors -in- interest, all of the rights conferred upon the owners of real property under Chapter 2 of the Landscaping and Lighting Act of 1972 (commencing with Section 22500 of the Streets and Highways Code) ( "the Act "). In executing this Petition and Waiver, the undersigns understands, agrees and acknowledges that: 1. The amount of the assessment chargeable to the entire District, the amount chargeable to each lot within the Tract, the duration of the payments, the reason for the assessment and the basis upon which the amount of the assessment was calculated are set forth in the Engineer's Report for the District, which is attached hereto and made a part hereof as Exhibit "A ". 2. The amount chargeable to the District, as set forth in Exhibit "A ", does not exceed the reasonable cost of the special benefit conferred on the entire Property or Tract. 3. The amount chargeable to each lot, as set forth in Exhibit "A ", does not exceed the reasonable cost of the proportional special benefit conferred on that lot. Petition and Waiver Tract 5161 In executing this Petition and Waiver, the undersigned warrants and represents that: 1. It has read the Article and has had an opportunity to have the Article, including the rights conferred by the Article that are being waived pursuant to this Petition and Waiver, explained to it by legal counsel of its choice; 2. It has read the Act and has had an opportunity to have the Act, including the rights conferred by the Act that are being waived pursuant to this Petition and Waiver, explained to it by legal counsel of its choice; 3. It has read this Petition and Waiver, has had the opportunity to have the Petition and Waiver explained to it by legal counsel of its choice, knows and understands the rights that it is waiving by this Petition and Waiver, knows and understands the legal effects of the Petition and Waiver, and is not relying upon any representations by the City Council or any of the officers, employees, servants or agents of the City. The undersigned has submitted a check payable to the City in the amount of $5,000.00 ( "the Deposit ") to be used to pay the costs incurred by the City in 1) the development, processing and approval of this Petition and Waiver, 2) the development and approval of the Engineer's Report for the District (Exhibit `A') and other costs associated with the establishment of the District. The undersigned further agrees to pay, upon demand, any costs incurred by the City in excess of the Deposit. THIS PETITION AND WAIVER IS KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY EXECUTED this 5tk day of July, 2001 at Moorpark, California. Cabrillo Economic Development Corporation By: aA4,` ��k_ Karen Flock Housing Development Director The property that is subject to this Petition And Waiver and owned (not leased or optioned) by the above named owner(s) is that property subject of Tract No. 5161. - 2 - C. CITY OF MOORPARK City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD01-3 ENGINEER'S REPORT Fiscal Year 2001-02 April 30, 2001 (Pursuant to the Landscaping and Lighting Act of 1972 and Article X111D of the California Constitution) Engineer of Work Shilts Consultants, Inc. 2300 Boynton Avenue, Suite 201 Fairfield, CA 94533 (707) 426-5016 C"00243 CITY OF MOORPARK City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD01 -3 TABLE OF CONTENTS LINTRODUCTION .......................................................................................:......................... ..............................1 ILCERTIFICATES ............................................................................................................... ..............................2 IIL PLANS & SPECIFICATIONS ...................................................................................... ..............................3 IV. FISCAL YEAR 2001 -02 ESTIMATE OF COST AND BUDGET ...................... ..............................4 V. METHOD OF APPORTIONMENT ................................................................................ ..............................5 A. METHOD OF APPORTIONMENT ........................................................................................... ..............................5 B. DISCUSSION OF BENEFIT .................................................................................................... ............................... 5 C. GENERAL VERSUS SPECIAL BENEFIT ............................................................................... ............................... 6 D. METHOD OF ASSESSMENT ................................................................................................. ............................... 7 E. ASSESSMENT APPORTIONMENT ......................................................................................... ..............................7 1. Appeals and Interpretation .......................................................................................... ............................... 8 VLASSESSMENT ................................................................................................................... ..............................9 VILASSESSMENT DIAGRAM .......................................................................................... .............................11 VUL APPENDIX A —1972 ACT APPLICATION ....................................................... .............................13 IX. APPENDIX B— ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION ........................17 X. APPENDIX C - 2001 -02 ASSESSMENT ROLL .......................................................... .............................22 C 0 0,'Z 44 L INTRODUCTION The City of Moorpark Landscaping and Lighting Assessment District No. AD01 -3 (the "District ") is proposed for formation to provide funding for the installation, maintenance and improvement of the parkway landscaping and related improvements along and adjacent to Poindexter Avenue, and maintenance of storm drainage catch basin inserts within Tentative Tract 5161 (Cabrillo Economic Development). This District results from agreements or conditions of development approval between the City of Moorpark and the property owner whereby the City and property owner agreed on setback landscaping abutting the properties to reduce the visual impact of buildings on the properties, to enhance public views and resources and to improve the appeal of the community. In addition, the District provides for storm water quality efforts in accordance with the requirements of the City Urban Stormwater Discharge Permit issued to the City of Moorpark pursuant to the federally mandated National Pollutant Discharge Elimination System program. This Engineer's Report ( "Report ") was prepared to establish the budget for the services that would be funded by the proposed Fiscal Year 2001 -02 assessments and to determine the benefits received from the maintenance and improvements by property within the District and the method of assessment apportionment to lots and parcels. This Report and the proposed assessments have been made pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "Act ") and Article XIIID of the California Constitution (the "Article "). For a more complete description of the Act and the Article, please refer to Appendix A and Appendix B. In lieu of a mailed ballot proceeding, the property owner will submit a Petition and Waiver to the Council for approval. In submitting this document to the City, the property owner (1) requests that the new assessment district be formed; and (2) waives all rights conferred by Proposition 218 with respect to the approval of the new assessment by mailed ballot. Following submittal of this Report and the property owner's Petition/Waiver to the City of Moorpark City Council (the "Council ") for preliminary approval, the Council may, by Resolution, call for a Public Hearing on the proposed establishment of assessments for landscaping maintenance and improvements. The public hearing must be held for the purpose of allowing public testimony regarding the proposed assessments. This hearing is scheduled for ,Aug. 1,2001 at 6:30 p.m. At this hearing, the Council may take action to form the District and to approve the levy of the assessments for fiscal year 2001 -02. If the assessments are so confirmed and approved, the levies would be submitted to the County Auditor /Controller in August 2001 for inclusion on the property tax roll for Fiscal Year 2001 - 02. In each subsequent year for which the assessments will be levied, the Council must direct the preparation of an Engineer's Report, budgets and proposed assessments for the upcoming fiscal year. After the Engineer's Report is completed, the Council may preliminarily approve the Engineer's Report and proposed assessments and establish the date for a public hearing on the continuation of the assessments. City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD01 -3 05117101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page I 000245 CITY OF MOORPARK Landscaping and Lighting Maintenance Assessment District No. AD01 -3 IL CERTIFICATES 1. The undersigned respectfully submits the enclosed Engineer's Report and does hereby certify that this Engineer's Report, and the Assessment and Pssessment Diagram herein, have been prepared by me in accordance with the order of the City Council of the City of Moorpark, adopted on , 2001. Engineer of Work, License No. C14084 2. I, the Clerk of the City Council, City of Moorpark, County of Ventura, California, hereby certify that the enclosed Engineer's Report, together with the Assessment and Assessment Diagram thereto attached, was filed and recorded with me on , 2001. Clerk of the City Council 3. i, the Clerk of the City Council, City of Moorpark, County of Ventura, California, hereby certify that the Assessment in this Engineer's Report was approved and confirmed by the City Council on , 2001, by Resolution No. Clerk of the City Council 4. I, the Clerk of the City Council of the City of Moorpark, County of Ventura, California, hereby certify that a copy of the Assessment and Assessment Diagram was filed in the office of the County Auditor of the County of Ventura, California, on 2001. Clerk of the City Council 5. I, the County Auditor of the County of Ventura, California, hereby certify that a copy of the Assessment Roll and Assessment Diagram for fiscal year 2001 -02 was filed with me on .2001. County Auditor, County of Ventura City of Moorpark Landscaping and Lighting Maintenance Assessment District No.AD01 -3 05117101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. page 2 6 III. PLANS & SPECIFICATIONS The work and improvements proposed to be undertaken by the City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD01 -3 (the "District ") and the cost thereof paid from the levy of the annual assessment provide special benefit to Assessor Parcels within the District as defined in the Method of Assessment herein. Consistent with the Landscaping and Lighting Act of 1972, (the "Act ") the work and improvements are generally described as follows: Within the landscaping and lighting district, the existing and proposed improvements are generally described as the installation, maintenance and servicing of turf, ground cover, shrubs and trees, irrigation systems, drainage systems, lighting, fencing, statuary, fountains, and other ornamental structures and facilities, entry monuments and all necessary appurtenances, and labor, materials, supplies, utilities and equipment, as applicable, for property owned or maintained by the City of Moorpark located in or adjacent to the properties contained within Tentative Tract 5161. Any plans and specifications for these improvements will be filed with the City of Moorpark and are incorporated herein by reference. As applied herein, "maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of said improvements, including repair, removal or replacement of all or any part of any improvement; providing for the life, growth, health, and beauty of landscaping, and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. "Servicing" means the furnishing of electric current, or energy, gas or other illuminating agent for the lighting or operation of any improvements; maintaining, operating and servicing street and traffic safety lighting, and water for irrigation of any landscaping or the maintenance of any other improvements. City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD01 -3 05117101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 3 C 0 0 AZ 47 IV. FISCAL YEAR 2001 -02 ESTIMATE OF COST AND BUDGET Description of Improvements Landscape improvements include: Maintenance of approximately 2,400 linear feet of parkway landscaping on the south side of Poindexter Avenue from the northwest corner of Tentative Tract 5161 easterly to Gisler Road, and from Gisler Road easterly to Chaparral Middle School. Drainage improvements include: Maintenance of twelve storm water quality catch basin filter inserts placed in twelve catch basins within the District. Tract Map 5161 [Cabrillo Economic Development Corp.] Estimate of Cost FY 2001 -02 Parkway Landscape and Irrigation Landscape Maintenance & Water $480.00 Drainage Improvements Catch Basin Maintenance $7,500.00 Administrative Costs $400.00 Total Budget $8,380.00 Contingency (20 %) $1,980.00 Tatal`BudgeX to Levy $10 3:60 00 Budget to Assessment Total. Assessment Budget' $10,359.22 Single Family Equivalent Benefit Units 59 Assessment per Single Family Equivalent Unit $ 1 7 5 . s a *All assessments are rounded to the lower even penny. Therefore, the budget amount slightly differs from the assessment rate. City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD01 -3 05117101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 4 00024 V. METHOD OF APPORTIONMENT A. Method of Apportionment This section of the Engineer's Report includes an explanation of the benefits to be derived from the installation, maintenance and servicing of park facilities throughout the City, and the methodology used to apportion the total assessment to properties within the City of Moorpark Landscaping and Lighting Maintenance District No. AD01 -3. The City of Moorpark Landscaping and Lighting Maintenance District No. AD01 -3 consists of all Assessor Parcels within the boundaries of Tentative Tract 5161 as defined by the County of Ventura tax code areas. The parcels include all privately or publicly owned parcels within said boundaries. The method used for apportioning the assessment is based upon the proportional special benefits to be derived by the properties in the City of Moorpark Landscaping and Lighting Maintenance District No. AD01 -3 over and above general benefits conferred on real property or to the public at large. The apportionment of special benefit is a two step process: the first step is to identify the types of special benefit arising from the improvements, and the second step is to allocate the assessments to property based on the estimated relative special benefit for each type of property. B. Discussion of Benefit In summary, the assessments can only be levied based on the special benefit to property. This benefit is received by property over and above any general benefits. Moreover, such benefit is not based on any one property owner's use of the District's setback landscaping or a property owner's specific demographic status. With reference to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act of 1972 states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed that assessments must be based on the special benefit to property: "No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel." The following benefit categories summarize the types of special benefit to residential, commercial, industrial and other lots and parcels resulting from the installation, maintenance and servicing of landscaping improvements to be provided with the City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD01 -3 05117101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 5 Cr assessment proceeds. These categories of special benefit are derived from the statutes passed by the California Legislature and other studies which describe the types of special benefit received by property from maintenance and improvements such as those proposed by the City of Moorpark Landscaping and Lighting Assessment District No. AD01 -3. These types of special benefit are summarized as follows: A. Protection of views, scenery and other resources values and environmental benefits enjoyed by residents, customers and guests and preservation of public assets maintained by the City. B. Potential for increased economic opportunity. C. Reduced cost of local government in law enforcement, public health care, and fire prevention because improved and well - maintained facilities provide a healthy alternative for youth and adult activities. D. Enhanced quality of life and desirability of the area. E. Specific enhancement of property values. These benefit factors, when applied to property in the District, specifically increase the value of the land within the District. For example, the assessments will provide funding to improve and maintain the landscaping adjoining the properties in the District. Such improved and well- maintained setback landscaping enhances the overall quality and desirability of the properties. In turn, property values are specifically enhanced by the availability of improved and well- maintained landscaping in the area. In addition, the setback landscaping allowed for the construction of buildings on the property with reduced setbacks from the property lines than would otherwise be allowed pursuant to City zoning requirements. Such reduced setbacks allow for greater improvement coverage ratios, which specifically enhances the value of the properties in the District. C. General versus Special Benefit The proceeds from the City of Moorpark Landscaping and Lighting Assessment District No. AD01 -3 would be used to fund improvements and increased levels of maintenance to the grounds adjoining the properties in the District. In absence of the City of Moorpark Landscaping and Lighting Assessment District No. AD01 -3, such improvements would not be provided and the properties could be subject to increased setback requirements. The District is specifically proposed for formation to provide additional and improved public resources and reduced setbacks for property in the District. In absence of the assessments, these public resources would not be created and revenues would not be available for their continued maintenance and improvement. Additionally, the increased burden to the stormwater drainage system, and the consequent requirements mandated by the City Urban Stormwater Discharge Permit, are a direct result of the development of the properties in the District. Therefore, the assessments solely provide special benefit to property in the District over and above the general benefits conferred by the general facilities of the City. City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD01 -3 05117101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 6 el 0 `._ D. Method of Assessment The second step in apportioning assessments is to determine the relative special benefit for each property. This process involves determining the relative benefit received by each property in relation to a single family home, or, in other words, on the basis of Single Family Equivalents (SFE). This SFE methodology is commonly used to distribute assessments in proportion to estimated special benefit and is generally recognized as providing the basis for a fair and appropriate distribution of assessments. For the purposes of this Engineer's Report, all properties are designated a SFE value, which is each property's relative benefit in relation to a single family home on one parcel. In this case, the "benchmark" property is the single family detached dwelling which is one Single Family Equivalent or one SFE. E. Assessment Apportionment The proposed assessments br AD01 -3 would provide direct and special benefit to properties in this District. The properties within Tentative Tract 5161 consist of 59 residential single family dwellings that are either improved or proposed for development, each of which receives similar benefit from the proposed improvements. Therefore, the Engineer has determined that the appropriate method of apportionment of the benefits derived by all parcels is on a SFE basis. All properties that are specially benefited are assessed. Public right -of -way parcels, well, reservoir or other water rights parcels, limited access open space parcels, watershed parcels and common area parcels typically do not generate employees, residents, customers or guests. Moreover, many of these parcels have limited economic value ands therefore, do not benefit from specific enhancement of property value. Such parcels are, therefore, not specially benefited and are not assessed. In the event that the annual assessment from a previous fiscal year for property in AD01- 3 is delinquent and uncollected, the budget for the new fiscal year may be increased by the amount of delinquent assessment, and the total budget, including the delinquent assessments, may be allocated to all other non - delinquent properties on an SFE basis. Any increase in the assessment on other properties in AD01 -3 resulting from such delinquent assessments, or the annual CPI adjustment, will be considered authorized increases in the assessment and shall not require additional approval by property owners through a mailed assessment ballot proceeding, pursuant to Article XIIID of the California Constitution. The assessment is subject to an annual adjustment tied to the Consumer Price Index for the Los Angeles Area as of December of each succeeding year (the CPI). In the event that the actual assessment rate for any given year is not increased by an amount equal to the CPI change, any such deferred assessment increase may be added to the total amount assessed in any subsequent year. In such event, the maximum authorized assessment amount shall be equal to the base year assessment as adjusted by the increase to the CPI, plus any and all CPI adjustments deferred in any and all prior years. City of Moorpark Landscaping and Lighting Maintenance Assessment District No.AD01 -3 05117101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. page 7 In addition, the annual adjustment may be increased due to delinquent assessments on property in AD01 -3 as specified above. 1. Appeals and Interpretation Any property owner who feels that the assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment, may file a written appeal with the Director of Public Works or her or his designee. Any such appeal is limited to correction of an assessment during the then current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the Director of Public Works or his or her designee will promptly review the appeal and any information provided by the property owner. If the Director of Public Works or her or his designee finds that the assessment should be modified, the appropriate changes shall be made to the assessment roll. If any such changes are approved after the assessment roll has been filed with the County for collection, the Director of Public Works or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any property owner who disagrees with the decision of the Director of Public Works or her or his designee, may refer their appeal to the City Council of the City of Moorpark and the decision of the City Council of the City of Moorpark shall be final. City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD01 -3 05117101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 8 VL ASSESSMENT WHEREAS, on April 18, 2001 the City Council of the City of Moorpark, County of Ventura, California, pursuant to the provisions of the Landscaping and Lighting Act of 1972 and Article XIIID of the California Constitution (collectively "the Act "), adopted its Resolution Initiating Proceedings For the Formation of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD01 -3; WHEREAS, said Resolution directed the undersigned Engineer of Work to prepare and file a report presenting an estimate of costs, a diagram for the assessment district and an assessment of the estimated costs of the improvements upon all assessable parcels within the assessment district, to which Resolution and the description of said proposed improvements therein contained, reference is hereby made for further particulars; NOW, THEREFORE, the undersigned, by virtue of the power vested in me under said Act and the order of the City Council of said City of Moorpark, hereby make the following assessment to cover the portion of the estimated cost of said improvements, and the costs and expenses incidental thereto to be paid by the assessment district. The amount to be paid for said improvements and the expense incidental thereto, to be paid by the City of Moorpark Landscaping and Lighting Maintenance Assessment District No. ADO 1 -3 for the fiscal year 2001 -02 is generally as follows: SUMMARY COST ESTIMATE F. Y. 2001 -02 Budget Parkway Landscaping and Irrigation $480.00 Drainage Catch Basin Maintenance $7,500.00 Incidentals, Contingency and Administration Expenses $2,380.00 TOTAL BUDGET $10,360.00 NET AMOUNT TO ASSESSMENTS $10,360.00 As required by the Act, an Assessment Diagram is hereto attached and made a part hereof showing the exterior boundaries of said City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD01 -3. The distinctive number of each parcel or lot of land in the said City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD01 -3 is its Assessor Parcel Number appearing on the Assessment Roll. City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD01 -3 05117101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 9 0 And I do hereby assess and apportion said net amount of the cost and expenses of said improvements, including be costs and expenses incident thereto, upon the parcels and lots of land within said City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD01 -3, in accordance with the special benefits to be received by each parcel or lot, from the improvements, and more particularly set forth in the Cost Estimate and Method of Assessment hereto attached and by reference made a part hereof. The assessment is made upon the parcels or lots of land within the City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD01 -3 in proportion to the special benefits to be received by the parcels or lots of land, from said improvements. The assessment is subject to an annual adjustment tied to the Consumer Price Index for the Los Angeles Area as of December of each succeeding year (the CPI). In the event that the actual assessment rate for any given year is not increased by an amount equal to the CPI change, any such deferred assessment increase may be added to the total amount assessed in any subsequent year. In such event, the maximum authorized assessment amount shall be equal to the base year assessment as adjusted by the increase to the CPI, plus any and all CPI adjustments deferred in any and all prior years. In addition, the annual adjustment may be increased due to delinquent assessments on property in AD01 -3 as specified in the Assessment Apportionment section of this Engineer's Report. Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Ventura for the fiscal year 2001 -02. For a more particular description of said property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of said County. I hereby place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Roll, the amount of the assessment for the fiscal year 2001 -02 for each parcel or lot of land within the said City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD01 -3. Dated: April 30, 2001 Engineer of Work Joseph L. Shilts, License No. C14084 City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD01 -3 05117101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 10 et VII. Assessment Diagram The boundaries of the City of Moorpark Landscaping and Lighting Assessment District No. AD01 -3 are displayed on the following Assessment Diagram. City of Moorpark Landscaping and Lighting Maintenance Assessment District No.AD01 -3 05117101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Pagel] 000255 APN: 511 -0- 090 -300 Legend: Assessment Boundary Line Street fir. CITY OF MOORPARK LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. AD -01 -3 Sh ilts Consultants, Inc., 2300 Boynton Avenue, Suite 201 ASSESSMENT DIAGRAM Fairfelg CA 94533 (707) 426 -5016 City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD01 -3 05117101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 12 C� FILED IN THE OFFICE OF THE CITY CLERK OF THE CI TY OF MOORPARK, COUNTY OF VENTURA, CALIFORNIA, THIS______ DAY OF_________ _ _ .2001 CI TY CL ERK RECORDED IN THE OFFICE OF THE DIRECTOR OF COMMUNITY SERVICES OF THE CITYOF MOORPARK COUNTY OF VE NTURA, CALIFORNIA THIS DAY OF -------------------- -- 2)01. AN ASSESSMENT WAS CONFIRMEDAND LEVIED BY THE CITY COU NCI L OF THE CITY OF M 0ORP AR K 0 N TH E LOTS, P IECES AND PAR CELS OF LAND ON THIS ASSESSMENT DIAGRAM ON THE ---- - --------- DAY OF -------------- -- 2001 FOR FISCAL YEAR 2001 -02A ND SAID ASSESS IVE NT DIAGRAM AND THE ASSESSMENT ROLL FOR SAID FISCAL YEAR WERE FILED IN THE OFFICE OF THE COUNTY AUDITOR OF THE COUNTY OF VENTURAON THE ----- - - - --- DAY OF --------------- - 2001. REFERENCE IS HEREBY MADE TO SAID RECORDED ASSESSMENT ROLL FOR THE EXACT AMOUNT OF EACH ASSESSMENT LEVIED AGAINST EACH PARCEL OF LAND. CITYCLERK - FILED THIS ___ _____ DAY OF 2001, AT THE HOUR OF_______ O'CLOCK ---.M. IN THE OFFICE OF THE COUNTY AUDITOR OF THE COUNTY OF VENTURA STATE OF CALIFORNIA, AT THE R EQU EST OF THE CITY OF OORPARK CITY COUNCIL. COUNTY AUDITOR, COUNTY OF VENTURA N ola: REFERENCE IS HEREBY MADETO THE MAPS AND DEEDS OF RECORD I N THE OFFICE OF THE ASSESSOR OF THE COUNTY OF VE NTURA FOR A DETA LED DESCRIPTION OF THE L NES A NO DIMENSIONS OF ANY PARCELS SHOWN HEREIN, THOSE MAPS SHALL GOVERN FOR ALL DETAILS CONCERNING THE LINES AND DIMENSIONS OF SUCH PARCELS. EACH PARCEL S IDENTIFIED I N SAID MAPS BY ITS DISTINCTIVE ASSESSOR'S PARCEL NUMBER. Vlll. Appendix A -4972 ACT APPLICATION If approved, the Landscaping and Lighting Maintenance Assessment District, through the Act, would collect special benefit assessments and provide funding for the installation, maintenance and servicing of landscaping features within Tentative Tract 5161 [Cabrillo Economic Development]. The assessments are levied on the basis of benefit and are considered an assessment, not a tax. Pertinent excerpts from the Act are included below. §22500 Short Title This part shall be known and may be cited as the "Landscaping and Lighting Act of 1972." §22503 Assessment district; benefited territory An assessment district shall consist of all territory which, as determined by the legislative body, will be benefited by the improvements and is to be assessed to pay the costs thereof. §22504 Assessment District; territory within local agency An assessment district may consist of all or any part of the territory within the local agency and, in the case of a county, may consist of all or any part of the unincorporated territory of the county. §22505 Assessment district; contiguous or non- contiguous territory An assessment district may consist of contiguous or non - contiguous areas. The improvement in one area need not be of benefit to other areas. §22523 Engineer "Engineer means the city engineer, county engineer, engineer of the district, or any person designated by the legislative body as the engineer for the purposes of this part, including officer, board, or employee of the local agency or any private person or firm specially employed by the Local agency as engineer for the purposes of this part. (Revised by Article XIIID of the California Constitution) §22525 Improvement "Improvement" means one or any combination of the following: City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD01 -3 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. 05117101 Page13 X13 02 5 7 (a) The installation of planting or landscaping. (b) The installation or construction of statuary, fountains, or other ornamental structures and facilities. (c) The installation or construction of public lighting facilities, including, but not limited to, traffic signals. (d) The installation or construction of any facilities which are appurtenant to and of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. (e) The installation of park or recreational improvements, including but not limited to all of the following: (1) Land preparation, such as grading, leveling, cutting and filling sod landscaping, irrigation systems, sidewalks, and drainage. (2) Lights, playground equipment, play courts, and public restrooms. (f) The maintenance or servicing or both, of any of the foregoing. (g) The acquisition of land for park, recreational or open -space purposes. (h) The acquisition of any existing improvement otherwise authorized pursuant to this section. §22569 Estimates of costs; content The estimate of the costs of the improvements for the fiscal year shall contain estimates for all of the following: (a) The total costs for improvements to be made that year, being the total costs of constructing or installing all proposed improvements and of maintaining and servicing all existing and proposed improvements, including all incidental expenses. This may include a reserve which shall not exceed the estimated costs of maintenance and servicing to December 10 of the fiscal year, or whenever the city expects to receive its apportionment of special assessments and tax collections from the county, whichever is later. (b) The amount of any surplus or deficit in the improvement fund to be carried over from a previous fiscal year. (c) The amount of any contributions to be made from sources other than assessments levied pursuant to this chapter. City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD01 -3 05117101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 14 C 0 'Z 5 CS (d) The amount, if any, of the annual installment for the fiscal year where the legislative body has ordered an assessment for the estimated cost of any improvements to be levied and collected in annual installments. (e) The net amount to be assessed upon assessable lands within the assessment district, being the total improvement costs, as referred to in subdivision (a), increased or decreased, as the case may be, by any of the amounts referred to in subdivision (b), (c), or (d). §22573 Net amount; apportionment The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 Division 7 (commencing with Section 5000). §22574 Classification into zones The diagram and assessment may classify various areas within an assessment district into different zones where, by reason of variations in the nature, location, and extent of the improvements, the various areas will receive differing degrees of benefit from the improvements. A zone shall consist of all territory that will receive substantially the same degree of benefit from the improvements. §22605 Authority of Legislative Bodies The Legislative body, either in a single proceeding or by separate proceedings, may order one or any combination of the following changes of organization: (a) The annexation of territory to an existing assessment district formed under this part. (b) The detachment of territory from an existing assessment district formed under this part. (c) The dissolution of an existing assessment district formed under this part. (d) The consolidation into a single assessment district formed under this part any combination of two or more of any of the following: (1) An existing assessment district formed pursuant to this part. City of Moorpark Landscaping and Lighting Maintenance Assessment District No. ADOI -3 05117101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Pagel S C9025-9 (2) An existing lighting, street lighting, maintenance, or tree planting district formed pursuant to Chapter 26 (commencing with Section 5820) of Part 3 of Division 14, or Part 1 (commencing with Section 18000), Part 2 (commencing with Section 18300), Part 3 (commencing with Section 18600), or Part 4 (commencing with Section 19000) of Division 14, or Part 1 (commencing with Section 22000) of this division, or pursuant to any procedural ordinance adopted by a charter city. (e) The legislative body shall not, by annexation, detachment, dissolution, or consolidation, alter the obligation of property owners to pay the principal of, and interest on, bonded debt or notes issued pursuant to Section 22662.5. This section does not prevent the lawful refunding of the bonded debt or notes or the apportionment of assessments upon the division of properties assessed. City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD01 -3 05117101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 16 I IX. Appendix B — Article XIIID of the California Constitution (Proposition 218) Proposition 218 was approved by voters as a Constitutional Amendment on November 6, 1996. It became Article XIIIC and Article XIIID of the California State Constitution and has imposed additional requirements for assessment districts. Following is a summary of the Article. CALIFORNIA CONSTITUTION ARTICLE 13D (ASSESSMENT AND PROPERTY-RELATED FEE REFORM) SECTION 1. Application. Notwithstanding any other provision of law, the provisions of this article shall apply to all assessments, fees and charges, whether imposed pursuant to state statute or local government charter authority. Nothing in this article or Article XIIIC shall be construed to: (a) Provide any new authority to any agency to impose a tax, assessment, fee, or charge. (b) Affect existing laws relating to the imposition of fees or charges as a condition of property development. (c) Affect existing laws relating to the imposition of timber yield taxes. CALIFORNIA CONSTITUTION ARTICLE 13D (ASSESSMENT AND PROPERTY-RELATED FEE REFORM) SEC. 2. Definitions. As used in this article: (a) "Agency" means any local government as defined in subdivision (b) of Section 1 of Article XIIIC. (b) "Assessment" means any levy or charge upon real property by an agency for a special benefit conferred upon the real property. "Assessment" includes, but is not limited to, "special assessment," "benefit assessment," "maintenance assessment" and "special assessment tax." (c) "Capital cost" means the cost of acquisition, installation, construction, reconstruction, or replacement of a permanent public improvement by an agency. (d) "District" means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or property- related service. (e) "Fee" or "charge" means any levy other than an ad valorem tax, a special tax, or an assessment, imposed by an agency upon a parcel or upon a person as an incident of property ownership, including a user fee or charge for a property related service. City of Moorpark Landscaping and Lighting Maintenance Assessment District No.AD01 -3 05117101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 17 C 0 0 1 (f) "Maintenance and operation expenses" means the cost of rent, repair, replacement, rehabilitation, fuel, power, electrical current, care, and supervision necessary to properly operate and maintain a permanent public improvement. (g) "Property ownership" shall be deemed to include tenancies of real property where tenants are directly liable to pay the assessment, fee, or charge in question. (h) "Property- related service" means a public service having a direct relationship to property ownership. (i) "Special benefit" means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute "special benefit." CALIFORNIA CONSTITUTION ARTICLE 13D (ASSESSMENT AND PROPERTY-RELATED FEE REFORM) SEC. 3. Property Taxes, Assessments, Fees and Charges Limited. (a) No tax, assessment, fee, or charge shall be assessed by any agency upon any parcel of property or upon any person as an incident of property ownership except: (1) The ad valorem property tax imposed pursuant to Article XIII and Article XIIIA. (2) Any special tax receiving a two-thirds vote pursuant to Section 4 of Article XIIIA. (3) Assessments as provided by this article. (4) Fees or charges for property related services as provided by this article. (b) For purposes of this article, fees for the provision of electrical or gas service shall not be deemed charges or fees imposed as an incident of property ownership. CALIFORNIA CONSTITUTION ARTICLE 13D (ASSESSMENT AND PROPERTY- RELATED FEE REFORM) SEC. 4. Procedures and Requirements for All Assessments. (a) An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and an agency shall separate the general benefits from the special benefits conferred on a parcel. Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. (b) All assessments shall be supported by a detailed engineer's report prepared by a registered professional engineer certified by the State of California. City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD01 -3 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. 05/17/01 Page 18 x'� 0 2 cam, (c) The amount of the proposed assessment for each identified parcel shall be calculated and the record owner of each parcel shall be given written notice by mail of the proposed assessment, the total amount thereof chargeable to the entire district, the amount chargeable to the owner's particular parcel, the duration of the payments, the reason for the assessment and the basis upon which the amount of the proposed assessment was calculated, together with the date, time, and location of a public hearing on the proposed assessment. Each notice shall also include, in a conspicuous place thereon, a summary of the procedures applicable to the completion, return, and tabulation of the ballots required pursuant to subdivision (d), including a disclosure statement that the existence of a majority protest, as defined in subdivision (e), will result in the assessment not being imposed. (d) Each notice mailed to owners of identified parcels within the district pursuant to subdivision (c) shall contain a ballot which includes the agency's address for receipt of the ballot once completed by any owner receiving the notice whereby the owner may indicate his or her name, reasonable identification of the parcel, and his or her support or opposition to the proposed assessment. (e) The agency shall conduct a public hearing upon the proposed assessment not less than 45 days after mailing the notice of the proposed assessment to record owners of each identified parcel. At the public hearing, the agency shall consider all protests against the proposed assessment and tabulate the ballots. The agency shall not impose an assessment if there is a majority protest. A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. (f) In any legal action contesting the validity of any assessment, the burden shall be on the agency to demonstrate that the property or properties in question receive a special benefit over and above the benefits conferred on the public at large and that the amount of any contested assessment is proportional to, and no greater than, the benefits conferred on the property or properties in question. (g) Because only special benefits are assessable, electors residing within the district who do not own property within the district shall not be deemed under this Constitution to have been deprived of the right to vote for any assessment. If a court determines that the Constitution of the United States or other federal law requires otherwise, the assessment shall not be imposed unless approved by a two-thirds vote of the electorate in the district in addition to being approved by the property owners as required by subdivision (e). City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD01 -3 05117101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 19 C. 01 0 21 CALIFORNIA CONSTITUTION ARTICLE 13D (ASSESSMENT AND PROPERTY-RELATED FEE REFORM) SEC. 5. Effective Date. Pursuant to subdivision (a) of Section 10 of Article II, the provisions of this article shall become effective the day after the election unless otherwise provided. Beginning July 1, 1997, all existing, new, or increased assessments shall comply with this article. Notwithstanding the foregoing, the following assessments existing on the effective date of this article shall be exempt from the procedures and approval process set forth in Section 4: (a) Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control. Subsequent increases in such assessments shall be subject to the procedures and approval process set forth in Section 4. (b) Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Subsequent increases in such assessments shall be subject to the procedures and approval process set forth in Section 4. (c) Any assessment the proceeds of which are exclusively used to repay bonded indebtedness of which the failure to pay would violate the Contract Impairment Clause of the Constitution of the United States. (d) Any assessment which previously received majority voter approval from the voters voting in an election on the issue of the assessment. Subsequent increases in those assessments shall be subject to the procedures and approval process set forth in Section 4. CALIFORNIA CONSTITUTION ARTICLE 13D (ASSESSMENT AND PROPERTY- RELATED FEE REFORM) SEC. 6. Property Related Fees and Charges. (a) Procedures for New or Increased Fees and Charges. An agency shall follow the procedures pursuant to this section in imposing or increasing any fee or charge as defined pursuant to this article, including, but not limited to, the following: (1) The parcels upon which a fee or charge is proposed for imposition shall be identified. The amount of the fee or charge proposed to be imposed upon each parcel shall be calculated. The agency shall provide written notice by mail of the proposed fee or charge to the record owner of each identified parcel upon which the fee or charge is proposed for imposition, the amount of the fee or charge proposed to be imposed upon each, the basis upon which the amount of the proposed fee or charge was calculated, the reason for the fee or charge, together with the date, time, and location of a public hearing on the proposed fee or charge. (2) The agency shall conduct a public hearing upon the proposed fee or charge not less than 45 days after mailing the notice of the proposed fee or charge to the record owners of each identified parcel upon which the fee or charge is proposed for imposition. At the public hearing, the agency shall consider all protests against the proposed fee or charge. If written protests City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD01 -3 05117101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 20 0s against the proposed fee or charge are presented by a majority of owners of the identified parcels, the agency shall not impose the fee or charge. (b) Requirements for Existing, New or Increased Fees and Charges. A fee or charge shall not be extended, imposed, or increased by any agency unless it meets all of the following requirements: (1) Revenues derived from the fee or charge shall not exceed the funds required to provide the property related service. (2) Revenues derived from the fee or charge shall not be used for any purpose other than that for which the fee or charge was imposed. (3) The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership shall not exceed the proportional cost of the service attributable to the parcel. (4) No fee or charge may be imposed for a service unless that service is actually used by, or immediately available to, the owner of the property in question. Fees or charges based on potential or future use of a service are not permitted. Standby charges, whether characterized as charges or assessments, shall be classified as assessments and shall not be imposed without compliance with Section 4:'(5) No fee or charge may be imposed for general governmental services including, but not limited to, police, fire, ambulance or library services, where the service is available to the public at large in substantially the same manner as it is to property owners. Reliance by an agency on any parcel map, including, but not limited to, an assessor's parcel map, may be considered a significant factor in determining whether a fee or charge is imposed as an incident of property ownership for purposes of this article. In any legal action contesting the validity of a fee or charge, the burden shall be on the agency to demonstrate compliance with this article. (c) Voter Approval for New or Increased Fees and Charges. Except for fees or charges for sewer, water, and refuse collection services, no property related fee or charge shall be imposed or increased unless and until that fee or charge is submitted and approved by a majority vote of the property owners of the property subject to the fee or charge or, at the option of the agency, by a two- thirds vote of the electorate residing in the affected area. The election shall be conducted not less than 45 days after the public hearing. An agency may adopt procedures similar to those for increases in assessments in the conduct of elections under this subdivision. (d) Beginning July 1, 1997, all fees or charges shall comply with this section. City of Moorpark Landscaping and Lighting Maintenance Assessment District No. ADOl -3 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. 05117101 Page21 C 0 0 2 65 X, Appendix C - 2001 -02 ASSESSMENT ROLL An Assessment Roll (a listing of all parcels assessed within the Landscaping and Lighting Assessment District and the amount of the assessment) has been filed with the City Clerk and is, by reference, made part of this report and will be available for public inspection during normal office hours. Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by reference made part of this report. These records shall govern for all details concerning the description of the lots or parcels. City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD01 -3 05117101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 22 0 0 920 ; Tract 5161 (Cabrillo Economic Development) Assessment Roll, 2001 -02 Parcel Owaei Zppf -OZ 511.0.090 -300 Cabrillo Economic Dev. Corp. $10,359.22 It is understood that the above parcels will eventually be subdivided and new parcel numbers assigned. At such time, the above assessments will be segregated according to the rules of spread in this Engineer's Report. City of Moorpark Landscaping and Lighting Maintenance Assessment District No.ADOI -3 05117101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page23 ''� Exhibit 3 RESOLUTION NO. 2001 - A RESOLUTION OF THE CITY OF MOORPARK, CALIFORNIA, OF INTENTION TO LEVY ASSESSMENTS FOR FISCAL YEAR 2001 -02, PRELIMINARILY APPROVING ENGINEER'S REPORT, AND PROVIDING FOR NOTICE OF HEARING FOR ASSESSMENT DISTRICT ADO1 -3 THE CITY COUNCIL OF THE CITY OF MOORPARK (the "City ") DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. On April 18, 2001, the Moorpark City Council adopted Resolution No. 2001 -1836, a Resolution initiating proceedings for the formation of the City of Moorpark Landscaping and Lighting Assessment District No. AD01 -3 pertaining to the properties within Tentative Tract 5161 [Cabrillo Economic Development Corporation] and directing preparation of an Annual Report. Pursuant to this resolution, Shilts Consultants, Inc., the Engineer of Work, prepared an Engineer's Report in accordance with Section 22565, et. seq., of the Streets and Highway Code (the "Report ") and Article XIIID of the California Constitution. The Report has been made, filed with the City Clerk and duly considered by the City Council and is hereby deemed sufficient and preliminarily approved. The Report shall stand as the Engineer's Report for all subsequent proceedings under and pursuant to the foregoing resolution. SECTION 2. It is the intention of the City Council to levy and collect assessments within the District for Fiscal Year 2001 -02. Within the landscaping and lighting district, the existing and proposed improvements are generally described as the installation, servicing, and maintenance of turf, ground cover, shrubs and trees, irrigation systems, drainage systems, lighting, fencing, statuary, fountains, and other ornamental structures and facilities, entry monuments and all necessary appurtenances, as applicable, for property owned or maintained by the City of Moorpark located in or adjacent to the properties contained within Tentative Tract 5161. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of said improvements, including repair, removal, or replacement of all or part of any improvement; providing for the life, growth, health and beauty of landscaping; and cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti. Servicing means the furnishing of electric current or energy, or other illuminating agent, for the operation or lighting of any improvements, maintaining, operating and servicing street and traffic safety lighting, and water for irrigation of any landscaping or the maintenance of any other improvements. Resolution No. 2001 - Page 2 SECTION 3. The District consists of the lots and parcels shown on the boundary map on the District to be placed on file with the City Clerk, and reference is hereby made to such map for further particulars. SECTION 4. Reference is hereby made to the Report for a full and detailed description of the Improvements, the boundaries of the District and the proposed assessments upon assessable lots and parcels of land within the District. The assessment is subject to an annual adjustment tied to the Consumer Price Index for the Los Angeles Area as of December of each succeeding year (the CPI). In the event that the actual assessment rate for any given year is not increased by an amount equal to the CPI change, any such deferred assessment increase may be added to the total amount assessed in any subsequent year. In such event, the maximum authorized assessment amount shall be equal to the base year assessment as adjusted by the increase to the CPI, plus any and all CPI adjustments deferred in any and all prior years. SECTION 5. The public hearing shall be held, before this Council in the City Council Chambers of the City of Moorpark, located at 799 Moorpark Avenue, Moorpark, California 93021 as follows: on Wednesday, August 1, 2001 at the hour of 6 :30 p.m. for the purpose of this Councils determination whether the public interest, convenience and necessity require the improvements and the City Council's final action upon the Engineer's Report and the assessments therein. SECTION 6. In order to expedite the proceedings, the property owner shall submit a Petition and Waiver. In submitting this document to the City, the property owner (1) requests that the new assessment district be formed; and (2) waives all rights conferred by Proposition 218 with respect to the approval of the new assessment by mailed ballot and the 45- day time period for balloting. SECTION 7. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this day of , 2001. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk C 0 01 2 C