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HomeMy WebLinkAboutRES CC 2019 3805 2019 0417 RESOLUTION NO. 2019-3805 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2018/19 BUDGET TO APPROPRIATE $173,774.00 FROM THE MERIDIAN HILLS FUND (2320) TO REFUND ASSESSMENT FEES TO ORA ASHFORD WHEREAS, the City Council approved Residential Planned Development (RPD) 99-02 and Tract 5187 which allowed West Pointe Homes to construct the Meridian Hills housing project ("Project") within the City of Moorpark; and WHEREAS, subsequent to that approval, West Pointe Homes, sold the Project to William Lyon Homes in 2007, who sold the Project to ORA Ashford 94, LLC, ORA Marquis 89, LLC, and ORA Brighton 17, LLC (collectively, ORA Ashford), as managed by the Resmark Companies, in 2008; and WHEREAS, the conditions of approval of RPD 99-02 required construction of certain landscaping improvements within the tract and formation of Assessment District No. 07-02 (AD 07-02) within the tract to fund the costs of City maintenance of these landscape improvements at such time as the maintenance is taken over by the City; and WHEREAS, William Lyon Homes constructed some of the Landscape Improvements in Tract 5187 prior to sale to ORA Ashford (Phase I Landscape Improvements); and WHEREAS, ORA Ashford was responsible for those Phase I Landscape Improvements; and WHEREAS, in 2014 ORA Ashford sold the Project to K. Hovnanian Homes; and WHEREAS, on June 20, 2018 the City Council adopted the Operating and Capital Improvement Projects budget for Fiscal Year (FY) 2018/19; and WHEREAS, on February 6, 2019, the City Council approved the "Agreement for the Acceptance of ORA Ashford Maintained Landscape Areas in the Meridian Hills Development into Assessment District AD-07-02, Payment for Certain Landscape Improvements, and Termination of ORA Ashford's Remaining Obligations under a Development Agreement," ("Agreement") whereby the City and ORA Ashford have reached agreement on the terms and conditions by which the City will accept the Phase I Landscape Improvements into AD-07-02 and begin to undertake the work to complete the Improvements and undertake their maintenance; and WHEREAS, the Agreement requires that the City refund ORA Ashford $173,773.67 of assessment fees collected during ORA Ashford's ownership of the property; and Resolution No. 2019-3805 Page 2 WHEREAS, a staff report has been presented to the City Council requesting a budget amendment of $173,774.00 to appropriate funds from Meridian Hills Fund (2320) to refund the assessment fees to ORA Ashford; and WHEREAS, Exhibit "A", attached hereto and made a part hereof, describes said budget amendment and the resultant impact to the budget line item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment in the amount of $173,774.00 from Meridian Hills Fund (2320) as more particularly described in Exhibit "A", attached hereto, is hereby approved. SECTION 2. 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 17th day of April, 2019. ( / a J ice S. Parvin, Mayor ATTEST: Z41011" o.�r%Qs, Deborah Traffenste �" Assistant City Manager/City Clerk �� _ Exhibit A— Budget Amendment c1/4�/410 �® Resolution No. 2019-3805 Page 3 EXHIBIT A BUDGET AMENDMENT FOR MERIDIAN HILLS FUND (2320) FOR AD - 07-02 ASSESSMENT REFUND FY 2018/19 FUND BALANCE ALLOCATION: Fund Title Fund-Account Number Amount Meridian Hills 2320-000-00000-33990 $ 173,774.00 Total $ 173,774.00 EXPENDITURE APPROPRIATION: Account Number Current Budget Revision Amended Budget 2320-000-00000-59600 $ - $ 173,774.00 $ 173,774.00 Total $ - $ 173,774.00 $ 173,774.00 Resolution No. 2019-3805 Page 4 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah Traffenstedt, Assistant City Manager/City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2019-3805 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 17th day of April, 2019, and that the same was adopted by the following vote: AYES: Councilmembers Enegren, Mikos, Simons, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: Councilmember Pollock WITNESS my hand and the official seal of said City this 17th day of April, 2019. Deborah Traffenste Assistant City Manager/City Clerk (seal) aQPp� sr� / op \*.ir ,:v.e'v � 9�. O JVo'� w