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Home My WebLink AboutAGENDA REPORT 1999 0623 CC ADJ ITEM 09CCITY OF MOORPARK AGENDA REPORT ITEM q.C. CTTY nF MOORPARK. C ALfr PCNN A city COO.161 iieetinq of s�.lfle 2�J I�xgG ACTi0-1: Ado1R-ieC1 C�esc�lu fi L 9q -itoyb Moir-jrICA -to AO �y a, -i ct�r}f irrred oo assess - BY: f�-a- ce-- ? - �v�.n -t-S Grv�.nAnorY TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public Works DATE: June 18, 1999 (Council Meeting 6- 18 -99) SUBJECT: Supplemental Report Regarding Final Changes to the Engineer's Report for AD84 -2 and Adoption of a Resolution Confirming the Assessment Amounts for Fiscal Year 1999/2000 EXECUTIVE SUMMARY In a separate report, it is recommended that action on the proposed Zone 12 Assessment be continued until July 21. This report recommends that the City Council proceed with setting the AD84 -2 assessments for FY 1999/2000, with the Zone 12 assessment to remain unchanged -- at zero. DISCUSSION The June 4 Supplemental Report and the May 21 original staff report are attached. Set forth below is a revised recommendation, deleting the Zone 12 assessment from the actions previously proposed. Exhibit 2B of the June 4 report listed the changes to the Engineer's Report necessary needed to have the Zone 12 Assessment remain a zero. Those changes are re- capped as follows: "The following is a list of the recommended changes to be made to the Engineer's Report approved by City Council Resolution No. 99 -1603, adopted on May 5, 1999. 1. Page B -4 - Item 12 - The wording for this item shall be changed to read: "The Zone 12 assessment shall remain at zero." 2. The Boundary Maps are revised as follows: "Sheet 2 of 2 for Zone 12 is deleted." Supplemental Report AD84 -2 June 18, 1999 Page 2 If on July 21 the City Council acts to levy a Zone 12 assessment, a resolution will be presented amending the Engineer's Report, and assessments included therein, to add the Zone 12 assessments. RECOMMENDATION Staff recommends that the City Council take the following actions: 1. Make the changes to the Engineer's Report listed above in this report; 2. Make any other final desired changes to the Engineer's Report and to the proposed assessments for FY 1999/00; and, 3. Adopt the attached Resolution No. 99- making changes to AD 84 -2 and confirming the assessments for Fiscal Year 1999/00. RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, MAKING CERTAIN CHANGES TO THE "MOORPARK LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. AD -84 -2" AND CONFIRMING THE ASSESSMENT FOR SAID DISTRICT THE FISCAL YEAR COMMENCING JULY 1, 1999 AND ENDING JUNE 30, 2000. WHEREAS, the City Council of the City of Moorpark, by Resolution No. 99 -1562, adopted January 20, 1999, declared its intention to make certain changes to the "MOORPARK LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. AD- 84 -2 ", and to order the extension of the annual assessments for said district for the fiscal year commencing July 1, 1999 and ending June 30, 2000; and WHEREAS, said Resolution No. 99 -1562 ordered the City Manager to cause to be prepared an Engineer's Report for Assessment District 84 -2 for FY 1999/000 in accordance with Article 4, Chapter 1, Part 2, Division 15 of the California Streets and Highways Code; and WHEREAS, said "MOORPARK LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. AD -84 -2" consists of a single city -wide zone to provide electric current or energy for public lighting within the City, to install, construct or maintain any authorized improvements under the Act, including but not limited to one or more of street lights, public lighting facilities, landscaping, statuary, fountains, and other ornamental structures and facilities, and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof, including irrigation, electric current and energy; and to provide incidental expenses in connection therewith; and WHEREAS, said "MOORPARK LIGHTING AND LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT NO. AD -84 -2" also consists of a number of specific zones in order to provide for the assessment of the properties within said zones for the cost of maintaining certain specified improvements which benefit said properties; and WHEREAS, pursuant to the terms of a Joint Powers Agreement (JPA) between the City of Moorpark and the County of Ventura, the City Council of the City of Moorpark, by Resolution No. 92 - 860 adopted on June 29, 1992, annexed certain unincorporated area just Resolution No. 99- Page 2 west of the City known as Home Acres, to the "MOORPARK LIGHTING AND LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT NO. AD -84 -2" in order to implement those provisions of the JPA pertaining to the construction and maintenance of a buffer area between said unincorporated area and the West Ranch area of PC -3 (Tracts 4340, 4341 and 4342); and WHEREAS, in accordance with the provisions of the aforesaid JPA, it has been determined that said buffer area provides benefit to both the aforesaid Home Acres area and the West Ranch area of PC -3, and a Zone of Benefit encompassing said areas was established to allow for the levy of assessments on the properties within said Zone of Benefit for the purpose of developing and maintaining said buffer area; and WHEREAS, the City Council of the City of Moorpark, by Resolution No. 99 -1603, adopted May 5, 1999, approved the Engineer's Report pertaining to such matters; and WHEREAS, certain of the assessment amounts forwarded to the County Tax Collector in FY 1998/99 were net amounts subsequent to a credit given for a prior year carry over -- the actual assessment amount being the full assessment prior to said credit; and WHEREAS, except as noted in above, the assessment amounts proposed for FY 1999/2000 have not changed from the assessments levied in FY 1998/99; and WHEREAS, subsequent to the adoption of Resolution 99 -1603 approving the Engineer's Report, the City Council has approved a number of changes to the Engineer's Report as deemed necessary and appropriate; and WHEREAS, said Resolution No. 99 -1603 also set 7:00 p.m., June 2, 1999, as the time and date of a public hearing to consider such matters; and WHEREAS, on June 2, 1999, the City Council held a public hearing to determine whether said changes to said district should be made, and whether the annual assessments should be ordered and confirmed for the fiscal year commencing July 1, 1999, and ending June 30, 2000; and WHEREAS, the City Council finds that written protests against the proposed work or assessment have not been made by owners representing more than one -half of the area of land to be assessed; and Resolution No. 99- Page 3 WHEREAS, the City Council, having duly received, considered evidence, oral and documentary, concerning the jurisdictional facts in this proceeding and concerning the necessity for the contemplated work and benefits to be derived therefrom, and the City Council having now acquired jurisdiction to order the proposed assessments for the fiscal year commencing July 1, 1999, and ending June 30, 2000. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The Engineer's Report for "MOORPARK LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. AD- 84 -2 ", filed with the City Clerk on May 5, 1999, as amended or revised by action of the City Council, is hereby approved and adopted, and the improvements, changes to, and extension of the annual assessments in the Assessment District, in accordance with said report, as revised, and in accordance with Resolution No. 99 -1603 approving said Engineer's Report, is hereby levied for the Fiscal Year 1999/00. SECTION 2. The City Clerk assessment, or a County Auditor. certified copy shall cause the diagram and thereof, to be filed with the SECTION 3. 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. APPROVED AND ADOPTED THIS day of , 1999. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk