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HomeMy WebLinkAboutAGENDA REPORT 2005 0601 CC REG ITEM 08EITEM S. E. CITY OF MOORPARK, CALIFORNIA City Council Meeting of - /-o100S AC71ON: ad,64 MOORPARK CITY COUNC I ly. - Y71. -- AGENDA REPORT TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public Works DATE: May 19, 2005 (CC Meeting 6 -1 -05) SUBJECT: Consider Final Review and Changes to the Engineer's Report for Landscaping and Lighting Maintenance Assessment Districts, Adoption of a Resolution Confirming the Assessments for Fiscal Year 2005/2006 SUMMARY This presents for approval a Resolution [Exhibit 3] making changes, if any, to the Engineer's Report for the City's Landscaping and Lighting Maintenance Assessment Districts and confirming the assessment and levy amounts for Fiscal Year 2005/06. On January 5, 2005, the City Council adopted Resolution No. 2005- 2276 directing the preparation of an Engineer's Report for the City's Landscaping and Lighting Maintenance Assessment Districts for FY 05/06. On May 4, 2005, the City Council adopted Resolution No. 2005 -2322 approving that report and setting June 1, 2005, as the date of a public hearing to consider the approval of the assessment and levy amounts provided for in said report. DISCUSSION A. History In 1984, a Landscaping & Lighting Maintenance Assessment District (AD 84 -2) was created to fund costs associated with Citywide street lighting and landscape maintenance. This was a successor to the District enacted by the County of Ventura prior to the incorporation of the City. In subsequent years additional Landscaping & Lighting Maintenance Assessment Districts (AD01 -1, AD01 -2, AD01 -3 & AD04 -01) were formed at the request of the owner / developer of the affected properties. AD84_05- 06_approve Citywide Landscaping & Lighting Assessment Districts Confirm Assessments June 1, 2005 Page 2 B. Citywide Lighting & Landscaping Assessment District AD84 -2 provides for the levy of an assessment upon all of the parcels in the City, to fund street lighting energy and maintenance costs. There is also a separate assessment to fund maintenance costs for certain designated landscaped parkways, medians and drainage improvements. C. Sub - Districts In addition, a number of Sub - Districts have been established to levy additional assessments upon the lots within those areas, to fund the maintenance and improvement of certain designated improvements within or adjacent to those areas. D. Annual Review As part of the annual budget process, the City Council considers whether or not to renew the subject Assessment Districts and levy assessments for the upcoming fiscal year. In preparation for that consideration, it is necessary to prepare an Engineer's Report setting forth certain relevant information pertaining to such an action. The City Council action taken on May 4, 2005, approved the draft Engineer's Report for FY 05/06 and set June 1, 2005, as the date of a public hearing to consider final approval of the Engineer's Report and the assessments contained therein. E. Engineer's Report / Content / Changes The FY 05/06 Engineer's Report for the subject Assessment District has been distributed to the City Council and key staff members by separate Memo prior to the May 4th action approving said report. Copies of that report may be obtained from the City Clerk's Department. The Engineer's Report sets forth certain relevant information, including the following: • a Boundary Map(s); • the reason for the assessments; • the duration of the assessments; • the method of assessments; • the amount of the annual assessments; • information regarding cost of living adjustments; • information pertaining to reductions to the amounts levied in order to keep assessment fund reserve balances within certain prescribed limits; and • a description of improvements to be maintained. AD-05-06—approve o `� Citywide Landscaping & Lighting Assessment Districts Confirm Assessments June 1, 2005 Page 3 There are no changes proposed by staff, to be made to that Engineer's Report. F. Improvements to be Maintained The improvements and maintenance funded by the Assessment Districts is generally described as follows: • Citywide District: a. Street Lighting: Street lighting energy and maintenance costs (Citywide assessment). b. Landscape Maintenance: The maintenance of certain designated parkways and medians (Citywide assessment). c. Sub- Districts: 1 Pecan Avenue [T -2851] 2 Steeple Hill Area [T -2865] * ** 3 Buttercreek /Peppermill [T -3032] 4 Williams Ranch Rd [T -3274] 5 Pheasant Run Area [T -3019 & T -3525] * ** 6 Inglewood St. [T -3306] 7 Moorpark Business Park (L. A. Ave & Gabbert) 8 Home Acres Buffer 9 Moorpark Industrial Park (Condor Drive) 10 Mountain Meadows (PC -3) * ** 11 Alyssas Ct. [T -4174] 12 Carlsberg Specific Plan Area 13 Unassigned 14 Wilshire Builders [T -5201] (AD01 -1) 15 Toll Brothers [T -4928] (AD01 -2) 16 Cabrillo [T -5161] (AD01 -3) * ** 17 Unassigned 18 Colmer [T -5307] (AD04 -1) * ** Landscape and Drainage Maintenance G. Method of Assessment The method used to establish the assessment amounts is set forth in the Engineer's Report. This method (benefit spread formula, etc.) is unchanged from prior years. H. FY 2005/06 Assessment Amounts The assessment amounts proposed for FY05 /06 are set forth in Exhibit 1. AD-05-06—approve J. J J Citywide Landscaping & Lighting Assessment Districts Confirm Assessments June 1, 2005 Page 4 I. Cost of Living Adjustment Pursuant to language set forth in Districts 12, 14, 15, 16 and 18, these Districts may be increased living increases. The assessment ai include these COLA Adjustments. amounts are summarized as follows: the formation documents for the annual assessments for annually to cover cost -of- nounts set forth in Exhibit 1 Those adjusted assessment J. Capital Improvement Reserve Fund The Engineer's Report discusses and describes the Capital Improvement Reserve Fund established for each District. As stipulated in the Engineer's Report, when the Capital Improvement Reserve Fund for any Zone /District is expected to exceed an amount equal to three (3) times the annual operating budget for that Zone /District, the amount levied upon the properties is reduced. In such case the amount of the assessment remains unchanged, but the amount levied upon the affected properties is reduced to a lesser amount determined by the Assessment Engineer to be consistent with these guidelines. The minimum levy amount is no less than ten percent (100) of the assessment. AD84_05- 06_approve R�r' A A �✓ V J_ r.r 0 FY 04/05 C.O. L.A. FY 05/06 Per Unit [Ac.] Adjustment Per Unit [Ac.] Total Assessment AmountAssessment FY 04/05 Zone /District Amount [4.4 %] Amount Assessment 12 - Residential $431.70 $18.94 $450.64 $241,543.04 12 - Commercial $156.28 $6.86 $163.14 $12,000.58 12 - Institutional $1,407.12 $61.78 $1,468.90 $5,640.58 $259,184.19 14 $127.16 $5.58 $132.74 $1,327.40 15 $1,533.40 $67.30 $1,600.70 $518,626.80 16 $370.44 $16.26 $386.70 $22,815.30 18 $779.84 $34.22 $814.06 $21,165.56 J. Capital Improvement Reserve Fund The Engineer's Report discusses and describes the Capital Improvement Reserve Fund established for each District. As stipulated in the Engineer's Report, when the Capital Improvement Reserve Fund for any Zone /District is expected to exceed an amount equal to three (3) times the annual operating budget for that Zone /District, the amount levied upon the properties is reduced. In such case the amount of the assessment remains unchanged, but the amount levied upon the affected properties is reduced to a lesser amount determined by the Assessment Engineer to be consistent with these guidelines. The minimum levy amount is no less than ten percent (100) of the assessment. AD84_05- 06_approve R�r' A A �✓ V J_ r.r 0 Citywide Landscaping & Lighting Assessment Districts Confirm Assessments June 1, 2005 Page 5 K. Decreased Levy Amounts Pursuant to the above policy, the Engineer's Report for FY 2005/06 stipulates that the amounts to be levied upon the parcels in certain Zones /Districts shall be less than the assessment amount set forth in Exhibit 1. A summary of those adjustments is as follows: L. Assessment Amounts Unchanged Except as noted in Sections I & K above, the per lot (per acre) assessment amounts set forth in the Engineer's Report (and in Exhibit 1) are the same as those levied last year. Any action to otherwise increase these assessments may not be taken without first seeking approval of such an increase via a mail ballot prepared and processed in accordance with the requirements of Proposition 218. M. Fund Activit Attached as Exhibit 2 are charts showing fund activity for all Zones /Districts for FY03 /04 through FY05 /06. Page 4 of that exhibit shows certain details with respect to the Reserve Fund Ceilings and the Assessment vs. Levy amounts for FY05 /06. N. FY 04/05 Fund Deficits As reflected on Page 2 of Exhibit 2, it is anticipated that the FY 04/05 Year -End Fund Balance for certain Zones /Districts will again show a deficit. A summary of those anticipated deficits is as follows: Fund Projected Three Years Total Total 2300 - Lighting Zone/ FY 05/06 Year End Annual Assessment Levy ($4,531) District w/ FULL Assmnt Expenses Amount Amount Remarks 1 $23,785 $12,450 $9,702.00 $3,059.00 32% of Assessment 11 $6,470 $2,550 $3,040.00 $1,502.00 49% of Assessment 12 $636,880 $336,000 $259,184.00 $25,918.40 10% of Assessment 15 $2,040,571 $1,200,000 $518,627.00 $51,862.70 10% of Assessment L. Assessment Amounts Unchanged Except as noted in Sections I & K above, the per lot (per acre) assessment amounts set forth in the Engineer's Report (and in Exhibit 1) are the same as those levied last year. Any action to otherwise increase these assessments may not be taken without first seeking approval of such an increase via a mail ballot prepared and processed in accordance with the requirements of Proposition 218. M. Fund Activit Attached as Exhibit 2 are charts showing fund activity for all Zones /Districts for FY03 /04 through FY05 /06. Page 4 of that exhibit shows certain details with respect to the Reserve Fund Ceilings and the Assessment vs. Levy amounts for FY05 /06. N. FY 04/05 Fund Deficits As reflected on Page 2 of Exhibit 2, it is anticipated that the FY 04/05 Year -End Fund Balance for certain Zones /Districts will again show a deficit. A summary of those anticipated deficits is as follows: Fund Begin Bal. Revenue" Expenses Ending Bal. 2300 - Lighting ($1,190) $226,124 $246,100 ($21,166) 2305 - Dist. 5 ($4,531) $27,841 $28,250 ($4,940) 2307 - Dist. 7 ($1,068) $11,941 $14,845 ($3,972) 2309 - Dist. 9 ($161) $1,563 $1,620 ($218) Total ($6,950) $267,469 $290,815 ($30,296) ** Note. Includes monies transferred into these Funds in Noverr cvv-i w eizseL beginning Year deficits. AD-05-06—approve 0 0 _� Citywide Landscaping & Lighting Assessment Districts Confirm Assessments June 1, 2005 Page 6 Consistent with prior year practices, it is the intent of staff to present a report to the City Council in November of 2005, recommending approval of certain fund transfers to "zero -out" the projected FY 04/05 deficits noted above. That action will be deferred to November so that it will be based upon actual year -end fund balances. Using the above estimates, that action would be as follows: 0. FY 05/06 Fund Deficits As reflected on Page 3 of Exhibit 2, it is anticipated that the FY 05/06 Year -End Fund Balance for certain Zones /Districts will once more show a deficit. A summary of those anticipated deficits is as follows: From From Transfer to: Gas Tax General Fund Total Fund Fund 2605 Fund 1000 Transfer Amt. 2300 - Lighting $21,166.00 $0.00 $21,166.00 2305 - Dist. 5 $2,470.00 $2,470.00 $4,940.00 2307 - Dist. 7 $1,986.00 $1,986.00 $3,972.00 2309 - Dist. 9 $109.00 $109.00 $218.00 $17,887.00 Total $25,731.00 $4,565.00 $30,296.00 0. FY 05/06 Fund Deficits As reflected on Page 3 of Exhibit 2, it is anticipated that the FY 05/06 Year -End Fund Balance for certain Zones /Districts will once more show a deficit. A summary of those anticipated deficits is as follows: November 2005 to offset Beginning Year deficits. in Based on the above estimates, a deficit correcting fund transfer in November 2005 would be as follows: FY 05/06 From FY 05/06 Fund Begin Bal. Revenue*** Expenses Ending Bal. 2300 - Lighting ($21,166.00) $248,541.00 $260,000.00 ($32,625.00) 2300 - Landscaping $26,259.00 $170,763.00 $336,439.00 ($139,417.00) 2305 - Dist. 5 (US only) ($4,940.00) $28,280.00 $39,394.00 ($16,054.00) 2307 - Dist. 7 ($3,972.00) $15,270.00 $17,887.00 ($6,589.00) 2309 - Dist. 9 ($218.00) $1,574.00 $1,700.00 $344.00 Total $4,037.00 $464,428.00 $655,420.00 $195,029.00 * ** Note: Includes monies to be transferred ;ntn t -hr—zP 71,nq. November 2005 to offset Beginning Year deficits. in Based on the above estimates, a deficit correcting fund transfer in November 2005 would be as follows: AD_05- 06_approve From From Transfer to: Gas Tax General Fund Total Fund Fund 2605 Fund 1000 Transfer Amt. 2300 - Lighting $32,625.00 $0.00 $32,625.00 2300 - Landscaping $139,417.00 $0.00 $139,417.00 2305 - Dist. 5 (US Only) $8,027.00 $8,027.00 $16,054.00 2307 - Dist. 7 $3,294.50 $3,294.50 $6,589.00 2309 - Dist. 9 $172.00 $172.00 $344.00 Total $183,535.50 $11,493.50 $195,029.00 AD_05- 06_approve Citywide Landscaping Confirm Assessments June 1, 2005 Page 7 & Lighting Assessment Districts P. Recommended Assessment and Levv Amounts The Engineer's Report sets forth the recommended assessment and /or reduced levy amounts for the Citywide Improvements and each of the various Zones/ Districts. Those amounts include all appropriate adjustments required by the Engineer's Report and past policies and directions of the City Council. Q. Public Hearing The "Landscaping and Lighting Act of 1972" (Streets and Highways Code) requires a public hearing to be held prior to the annual levy of assessments for the purpose of receiving input and to hear any protests to the proposed assessments. Per Resolution No. 2005 -2322, the public hearing to consider the levy of the subject assessments for FY 2005/06 was set for June 1, 2005. A copy of that Resolution, which served as the public hearing notice, was published and posted in accordance with the requirements of law. R. Final Review and Revision Consistent with the requirements of applicable State law, the City Council may make changes to the Engineer's Report, including the assessment amounts set forth therein, at any time prior to its action approving the levy of the assessments for the ensuing year. It should be noted, however, that the assessment amounts may not be increased unless and until any such increases are approved via a Proposition 218 Mail Ballot. STAFF RECOMMENDATION (Roll Call Vote) It is the recommendation of staff that the City Council open the public hearing, receive testimony, close the public hearing, and then take the following actions: 1. Approve the Engineer's Report for the City's Landscaping and Lighting Maintenance Assessment Districts for FY 2005/06, with no changes from the report approved by City Council Resolution No. 2005- 2322. 2. Adopt Resolution No. 2005- (Exhibit 3) confirming the assessments for Fiscal Year 2005/06, set forth in the Engineer's Report. AD84_05- 06_approve 0 Jli Citywide Landscaping & Lighting Assessment Districts Confirm Assessments June 1, 2005 Page 8 3. Direct staff to present to the City Council in November, 2005, a Resolution amending the FY 05/06 Budget to approve certain Fund transfers required to "zero -out" FY 04/05 year -end deficits in any of the City's Assessment District Funds. Attachments: Exhibit 1: Summary of Assessment Amounts Exhibit 2: Fund Activity Charts Exhibit 3: Resolution AD-05-06—approve Landscape /Lighting r_xnioit i 1 Page Assessment Districts [File: ad_assmnt_age 1 FY 05/06 Assessments 05/05/05 Distr. CW Fund Description 2300 Lighting Improvements Rev. Code 3100 Active District Back -Up District Total Assmnt Levy Amount Total Benefit Unit Assmnt Units Assmnt Total Benefit Unit Assmnt Units Assmnt _ Percent of Total Assmnt. Total Per Lot [Ac.] Active Back -up Total 227,375 20.84 100.0% n/a 100.0% 227,375 10,911 20.84 227,375 1 2 3 4 5 6 7 8 9 10 11 12 13 2301 2302 2303 2304 2305 2306 2307 2308 2309 2310 2311 2312 Landscaping Zone 1 Zone 2: US Zone 2: Drains Zone 3 Zone 4 Zone 5: US Zone 5: Drains Zone 6 Zone 7 Zone 8: City Home Acres Zone 9 Zone 10: Corn Res - US Res - Drains Zone 11 Zone 12: Corn Institutional Residential 3102 3102 3102 3103 3102 3102 3102 3103 3102 3102 3102 3102 3102 3102 3103 3102 3102 3102 3102 170,513 397,888 9,703 72,438 1,400 73,838 3,079 6,383 23,340 500 23,840 924 11,298 7,669 7,574 9,891 75 622 48 265 129 217 75 292 22 91.74 498 201 17.24 129.37 116.46 29.17 145.63 11.62 49.48 107.56 6.67 114.22 42.00 ac 123.15 15.40 37.68 170,513 170,513 397,888 3,056 72,438 1,400 73,838 3,079 6,383 23,340 500 23,840 924 11,298 7,669 7,574 15,243 1,356 6,912 187,370 7,252 201,533 1,502 1,200 564 24,154 25,918 17.24 38.08 40.75 116.46 29.17 145.63 11.62 49.48 107.56 6.67 114.22 42.00 123.15 15.40 37.68 27.43 76.54 76.54 10.84 87.38 166.86 16.31 146.89 45.06 100.0% 31.5% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 49.4% 10.0% 10.0% 10.0% n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 100.0% 31.5% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 49.4% 10.0% 10.0% 10.0% 397,888 9,703 72,438 1,400 73,838 3,079 6,383 23,340 500 23,840 924 11,298 7,669 7,574 15,243 699 1,356 49.44 ac 27.43 6,912 90.30 EU 76.54 187,370 2,448 76.54 7,252 669 10.84 201,533 87.38 3,040 9 337.78 12,001 73.56 ac 163.14 5,641 3.84 ac 1,468.90 241,543 536 450.64 259,184 15,243 1,356 6,912 187,370 7,252 201,533 3,040 12,001 5,641 241,543 259,184 Sub -Total AD 84 -2 1,007,310 765,859 1,007,310 14 15 16 17 2314 2315 2316 2317 Z -14: Wilshire E Residential Golf Course Z -16: Cabrillo: L Unassigned 3102 3102 3102 3102 1,327 345,751 172,876 518,627 22,815 10 216 108 59 EU 132.74 1,600.70 1,600.70 386.70 1,327 345,751 172,876 1,327 34,575 17,288 51,863 22,815 132.74 160.07 160.07 386.70 100.0% 10.0% 10.0% 100.0% n/a n/a n/a n/a 100.0% 10.0% 10.0% 100.0% 518,627 22,815 18 19 2318 2319 Z -18: Flory M &M 3102 3102 20,352 25 6.27 ac 814.06 0.00 6.27 0.00 20,352 0 20,352 0 814.06 0.00 100.0% n/a 100.0% C; C� Ll Total 1,570,431 0 862,216 54.9% 54.9% 1,570,431 C ,) L� Landscape / Lighting Assessment Districts Fund Activity: FY03 /04 ACTUAL Exhibit 2 Page 1 [File: adfunds_0504] 4/6/2005 Revenue Fund Description Beginning Balance Rev. Code Assmnt Fund Trans Interest & Other Total Revenue Exp. Code Expenses Total Available Less Expenses Less Reserve Ending Balance 2300 Lighting Improvements Landscaping 3100 3102 219,112 181,232 > 69,773 122 8901 7901 220,302 0 215,990 (1,190) 7,315 37,793 0 (7,315) (37,793) (69,773) 7,315 72,429 288,885 181,354 (1,190) 0 0 2301 2302 Zone 1 Zone 2: US Zone 2: Drains Zone 2: Improvements 626 22,850 99,767 5,955 0 3102 3102 3103 3101 400344 970 66,436 1,358 6,045 69,773 < 122 351 1,500 470,239 1,321 67,936 1,358 6,045 7901 7901 8902 8019 436,292 3,044 55,614 695 554 43,918 21,127 112,089 6,618 5,491 (45,108) (21,127) (112,089) (6,618) (5,491) (1,190) 0 0 0 0 105,722 73,839 0 1,500 75,339 56,863 124,198 (124,198) 0 2303 2304 2305 Zone 3 Zone 4 Zone 5: US Zone 5: Drains 2,514 2,004 716 2,030 3102 3102 3102 3103 3,079 6,383 22,645 485 23,130 0 38 30 (25) (25) 3,117 6,413 22,620 485 7901 7901 7901 8902 2,219 4,654 27,867 990 28,857 3,412 3,763 (4,531) 1,525 (3,412) (3,763) 0 (1,525) 0 0 (4,531) 0 2,746 23,105 (3,006) (1,525) (4,531) 2306 2307 2308 2309 Zone 6 Zone 7 Zone 8 Zone 9 1,044 (1,793) 15,284 (370) 3102 3102 3102 3102 924 11,297 15,243 1,356 > 1,793 > 370 165 (2) 191 (1) 1,089 13,088 15,434 1,725 7901 7901 7901 7901 1,115 12,363 15,562 1,516 1,018 (1,068) 15,156 (161) (1,018) 0 (15,156) 0 0 (1,068) 0 (161) 2310 Zone 10: US Zone 10: Drains 60,347 27,356 3102 3103 194,496 7,036 201,532 0 1,313 1,313 195,809 7,036 7901 8902 212,719 4,247 216,966 43,437 30,145 (43,437) (30,145) 0 0 87,703 202,845 73,582 (73,582) 0 2311 2312 2313 Zone 11 Zone 12 Zone 13 6,687 452,308 3102 3102 304 197,330 < < 88 6,856 392 204,186 7901 7901 7901 861 117,887 6,218 538,607 (6,218) (538,607) 0 0 Sub -Total AD 84 -2 935,731 71,936 10,626 898,199 697,325 1,018,293 826,764 (833,714) (6,950) 2314 2315 Z -14: Wilshire Builders Z -15: Toll Bros 1,517 936,209 3102 3102 1,250 488,041 23 16,231 1,273 504,272 7901 7901 978 0 1,812 1,440,481 (1,812) (1,440,481) 0 0 2316 2317 Z -16: Cabrillo: US Z -16: Cabrillo: Drains Unassigned 17,889 6,642 3102 3103 14,261 7,209 21,470 0 477 477 14,738 7,209 7901 8902 0 1,500 1,500 32,627 12,351 44,978 (32,627) (12,351) (44,978) 0 0 24,531 21,947 0 2318 Z -18: Flory 0 3102 0 5,000 38 5,038 7901 0 5,038 (5,038) 0 Total 1,446,492 > 71,936 27,395 900,677 2,319,073 (2,326,023) 1,659,582 1,550,823 (6,950) Actual Transfer > Transfer Nov 2003 < Levy Amount Less Than Assessment Amount Nov 2004 5,351 C� S 1 Landscape /Lighting Assessment Districts Fund Activity: FY04 /05 ESTIMATE [Mar 05] 2314 Dist 14: T -5201 [Wilshire Beginning Fund Description Balance 2300 Lighting (1,190) 1,400 Improvements 7,315 3102 Landscaping 37,793 2317 Unassigned 43,918 2301 Dist 1: T -2851 21,127 2302 Dist 2: US [T2865] 117,580 3102 Dist 2: Drains 6,618 2319 Z -19: M &M 1 124,198 2303 Dist 3: T -3032 3,412 2304 Dist 4: T -3274 3,763 2305 Dist 5: US [T3019 & 352 (4,531) 24,829 < Dist 5: Drains 1,525 28,341 (1,825) (3,006) 2306 Dist 6: T -3306 1,018 2307 Dist 7: NE LA & Gabbert (1,068) 2308 Dist 8: Buffer 15,156 2309 Dist 9: Condor (161) 2310 Dist 10: PC -3: US 43,437 7,252 Dist 10: Drains 30,145 202,869 (94,651) 73,582 2311 Dist 11: T 4174 6,218 2312 Dist 12: Calrsberg 538,607 2313 Dist 13: Unassigned 0 775,326 Sub -Total AD 84 -2 826,764 2314 Dist 14: T -5201 [Wilshire 1,812 2315 Dist 15: T4928 [Toll] I 1,440,481 2316 D -16: T -5161 [Cabrillo] L 32,627 1,400 Dist 16: Drains 12,351 3102 3,079 44,978 2317 Unassigned 23,340 > 2318 D -18: T -5307 [Flory] US 5,038 23,840 Dist 18: Drains 0 3102 11,298 > 5,038 2319 Z -19: M &M 1 0 2320 194,280 0 Total I 2,319,073 Rev. Assmnt Code Levy 3100 226,124 3102 168,893 3102 395,017 3102 970 < 3102 72,439 3103 1,400 3102 73,839 3102 3,079 3102 6,383 3102 23,340 > 3103 500 4,415 23,840 3102 924 3102 11,298 > 3102 15,243 3102 1,356 > 3102 194,280 3103 7,252 7901 201,532 3102 304 < 3102 24,829 < 3102 758,614 3102 1,272 3102 49,682 < 3102 7,433 < 3103 7,498 < 246,100 14,931 3102 14,511 3103 4,985 4,501 19,496 4,501 0 643 0 Revenue Fund Trans Interest & Other Ending 223 0 223 226,124 371 246,100 1,634 0 1,634 169,116 74 4,501 395,240 4,501 0 643 7901 4,415 223 207 55,175 1,400 1,337 0 1,337 (143,996) 74 3,153 7,425 5,351 11,361 19 16,781 520 0 520 0 0 0 5,000 843,995 5,351 33,681 Total Exp. Ending Revenue Code Expenses 226,124 8901 246,100 0 0 7,315 169,116 7901 180,650 395,240 (26,259) 434,065 1,341 7901 4,415 74,073 7901 55,175 1,400 8902 500 75,473 (143,996) 55,675 3,153 7901 2,550 6,383 7901 4,860 27,841 7901 28,250 500 8902 200 28,341 (1,825) 28,450 924 7901 1,070 11,941 7901 14,845 15,466 7901 17,870 1,563 7901 1,620 195,617 7901 178,800 7,252 8902 3,000 202,869 (94,651) 181,800 378 7901 1,572 32,254 7901 92,350 0 7901 0 775,326 (791,244) 841,142 Page 2 [File: adfunds_0504] 4/6/2005 Total Available Less Ending Less Expenses Reserve Balance (21,166) 0 (21,166) 0 0 0 26,259 (26,259) 0 5,093 (26,259) (21,166) 18,053 (18,053) 0 136,478 (136,478) 0 7,518 (7,518) 0 143,996 (143,996) 0 4,015 (4,015) 0 5,286 (5,286) 0 (4,940) 0 (4,940) 1,825 (1,825) 0 (3,115) (1,825) (4,940) 872 (872) 0 (3,972) 0 (3,972) 12,752 (12,752) 0 (218) 0 (218) 60,254 (60,254) 0 34,397 (34,397) 0 94,651 (94,651) 0 5,024 (5,024) 0 478,511 (478,511) 0 0 0 760,948 (791,244) ( 30,296) 1,291 7901 885 2,218 (2,218) 0 66,463 7901 0 1,506,944 (1,506,944) 0 7,953 7901 0 40,580 (40,580) 0 7,498 8902 0 0 19,849 (19,849) 0 0 15,451 60,429 (60,429) 14,511 4,985 7901 8902 7901 7901 0 0 0 3,000 0 19,549 4,985 24,534 2,000 0 (19,549) (4,985) (24,534) (2,000) 0 0 0 0 0 0 19,496 5,000 0 883,027 > Transfer November 2004 I < = Levy Amount Less Than Assessment Amount 845,027 2,357,073 (2,387,369) (30,296) Est Transfer Nov 2005 Ca C� A Landscape /Lighting Assessment Districts Fund Activity: FY05 /06 ESTIMATE Beginning Fund 2300 Description Lighting Balance (21,166) 2304 Improvements 0 5,286 Landscaping 26,259 5,093 (4,940) 2301 Dist 1: T -2851 18,053 2302 Dist 2: US [T2865] 136,478 1 Dist 2: Drains 7,518 143,996 2303 Dist 3: T -3032 2315 4,015 2304 Dist 4: T- 1 5,286 2305 Dist 5: US [T3019 & 352 2318 (4,940) 3102 Dist 5: Drains 3102 1,825 3102 23,340 > 1 (3,115) 2306 Dist 6: T -3306 3102 872 2307 Dist 7: NE LA & Gabbert 3102 (3,972) 2308 Dist 8: Buffer 3102 12,752 2309 Dist 9: Condor 1 (15,053) (218) 2310 Dist 10: PC -3: US 61,900 60,254 (148,381) Dist 10: Drains 1,400 34 397 2311 Dist 11: T 4174 2312 Dist 12: Calrsberg 2313 Unassigned Sub -Total AD 84 -2 2314 Dist 14: T -5201 [WilshirE 2315 Dist 15: T4928 [Toll] 2316 D -16: T -5161 [Cabrillo] L 3102 Dist 16: Drains 2317 Unassigned 2318 D -18: T -5307 [Flory] US 3102 Dist 18: Drains 2319 Dist 19: M &M 2320 94,651 5,024 478,511 0 760.948 Revenue Rev. Assmnt Code Levy Misc 3100 227,375 > 21,166 3102 170,513 > 21,166 397,888 3102 970 < 3102 72,439 3103 1,400 xxx 73,835-- 3, 839 3102 3,079 3102 6,383 3102 23,340 > 3103 500 0 23,840 3102 924 3102 11,298 > 3102 15,243 3102 1,356 > 3102 194,280 Interest 0 250 21,166 250 1,506,944 180 51,863 < 1,364 0 1,364 xxx 40 xxx 52 4,940 xxx xxx 0 432 60,429 18 4,940 18 0 87 3,972 257,534 517,534 (60,512) 127 218 419,304 3103 7,252 < 201,532 0 3102 304 < 3102 25,918 < 3102 0 762,575 602 343 945 50 4,785 30,296 7,898 2,218 3102 1,327 22 1,506,944 3102 51,863 < 15,000 xxx Less Expenses xxx xxx xxx xxx 3102 xxx 22,815 xxx xxx 0 432 60,429 xxx xxx 24,534 Total 1 2,357,073 3102 xxx xxx xxx 3103 xxx xxx xxx 20,352 0 245 3102 0 0 858,931 30,296 23,597 Page 3 [File: adfunds_0504] 4/6/2005 Total Exp. Total Available Less Ending Revenue Code 8901 Expenses 260,000 Less Expenses Reserve Balance 248,541 (32,625) 0 (32,625) 0 0 0 170,763 7901 257,534 517,534 (60,512) 0 (60,512) 419,304 (93,137) 0 (93,137) 1,150 7901 4,150 15,053 (15,053) 0 73,803 7901 61,900 148,381 (148,381) 0 1,400 8902 500 62,400 8,418 (8,418) 0 75,203 156,799 (156,799) 0 3,119 7901 2,700 4,434 (4,434) 0 6,435 7901 5,670 6,051 (6,051) 0 28,280 7901 34,700 (11,360) 0 (11,360) 518 8902 200 34,900 2,143 (2,143) 0 28,798 (9,217) (2,143) (11,360) 1,011 7901 1,430 453 (453) 0 15,270 7901 15,540 (4,242) 0 (4,242) 15,370 7901 17,870 10,252 (10,252) 0 1,574 7901 1,700 (344) 0 (344) 194,882 7901 188,300 66,836 (66,836) 0 7,595 8902 3,261 191,561 38,731 (38,731) 0 202,477 105,567 (105,567) 0 354 7901 850 4,528 (4,528) 0 30,703 7901 112,000 397,214 (397,214) 0 0 7901 0 968,305 0 0 800,769 593,412 (702,495) (109,083) 1,349 7901 1,200 2,367 (2,367) 0 66,863 7901 0 1,573,807 (1,573,807) 0 xxx 7901 8,000 xxx xxx xxx xxx 8902 7,500 15,500 xxx xxx xxx 23,247 68,176 (68,176) 0 xxx 7901 0 xxx xxx xxx xxx 8902 0 0 xxx xxx xxx 20,597 45,131 (45,131) 0 0 7901 0 0 0 0 912,824 > Est. Transfer November 2005 < Levy Amount Less Than Assessment Amount 985,005 2,282,892 T27391,975) (109,083) Est Transfer Nov 2006 Landscape /Lighting A B C Assessment Districts 2319 Dist 19: M &M WITH FULL [B x 3] Fund Activity: FY05 /06 Projected (677,944) 51,862.70 Levy Assessment Assessment / Levy Calculation Year -End Levy C� Percent of 2,640,088 Amount Balance [10 %] FY 05/06 Amount of 227,375 with FULL Projected Fund CAP Fund Description ASSESSMENT 100.0% Expenses [Est 3 Yr Costs] 2300 Lighting (32,625) 100.0% 397,888 Improvements 0 397,888.00 6,643 9,702 3,059 Landscaping (139,417) 31.5% 0 72,439 0 0.00 (172,042) 100.0% 0 1,400 2301 Dist 1: T -2851 22,612 100.0% 5,323 15,969 2302 Dist 2: US [T2865] 138,820 73,839.00 71,461 214,383 0 Dist 2: Drains 8,418 100.0% 500 10,000 # 0 0.00 147,238 100.0% 71,961 224,383 2303 Dist 3: T -3032 3,261 100.0% 3,873 11,619 2304 Dist 4: T -3274 4,878 100.0% 6,843 20,529 2305 Dist 5: US [f3019 & 3: (16,054) 23,840.00 39,394 118,182 0 Dist 5: Drains 2,143 100.0% 200 10,000 # 0 1 (13,911) 100.0% 39,594 128,182 2306 Dist 6: T -3306 453 100.0% 1,430 4,290 2307 Dist 7: NE LA & Gabbt (6,589) 100.0% 17,887 53,661 2308 Dist 8: Buffer 6,652 100.0% 21,470 64,410 2309 Dist 9: Condor (344) 100.0% 1,700 5,100 2310 Dist 10: PC -3: US 31,633 201,532.00 223,503 670,509 1,502 Dist 10: Drains 35,992 49.4% 3,261 40,000 # (1,052) 25,918.40 67,625 100% 226,764 710,509 2311 Dist 11: T 4174 6,470 1,644 4,932 2312 Dist 12: Calrsberg 636,880 125,548 376,644 2313 Unassigned Sub -Total AD 84 -2 703,183 2314 Dist 14: T -5201 [Wilsh 2,627 940 2,820 2315 Dist 15: T4928 [Toll] 1 1,829,571 211,000 633,000 2316 D -16: T -5161 [Cabrillo: xxx 8,000 xxx Dist 16: Drains xxx 7,500 xxx 68,176 15,500 75,000 # D E F G H I Ex. 2 (p.4) - C] [Enter Numbers] [E - D] [E x 10 %] [E, F or Gl FH / El Year -End Fund 2317 Unassigned 2318 D -18: T -5307 [Flory] Li Dist 18: Drains xxx xxx 36,531 0 2319 Dist 19: M &M WITH FULL xxx 2320 Minimum (677,944) 51,862.70 Levy Assessment Assessment Yr End Fund Levy C� Percent of 2,640,088 Amount Exceeds CAP [10 %] Amount Assessment Remarks 100.0% 227,375 227, 375.00 D E F G H I Ex. 2 (p.4) - C] [Enter Numbers] [E - D] [E x 10 %] [E, F or Gl FH / El Year -End Fund 1,327 Assessment 518,627 0 xxx WITH FULL xxx Minus Amt. Minimum (677,944) 51,862.70 Levy Assessment Assessment Yr End Fund Levy Levy Percent of Exceeds CAP Amount Exceeds CAP [10 %] Amount Assessment Remarks 100.0% 227,375 227, 375.00 0 xxx 0.00 20,352.00 100.0% 170,513 170,513.00 100.0% 397,888 100.0% 397,888.00 6,643 9,702 3,059 970.20 3,059.00 31.5% 0 72,439 0 0.00 72,439.00 100.0% 0 1,400 0 0.00 1,400.00 100.0% 0 73,839 0 0.00 100.0% 73,839.00 0 3,079 0 0.00 3,079.00 100.0% 0 6,383 0 0.00 6,383.00 100.0% 0 23,340 0 0.00 23,340.00 100.0% 0 500 0 0.00 500.00 100.0% 0 23,840 0 0.00 100.0% 23,840.00 0 924 0 0.00 924.00 100.0% 0 11,298 0 0.00 11,298.00 100.0% 0 15,243 0 0.00 15,243.00 100.0% 0 1,356 0 0.00 1,356.00 100.0% 0 194,280 0 0.00 194,280.00 100.0% 0 7,252 0 0.00 7,252.00 100.0% 0 201,532 0 0.00 100.0% 201,532.00 1,538 3,040 1,502 304.00 1,502.00 49.4% 260,236 259,184 (1,052) 25,918.40 25918.40 100% 1,007,308 0 1,327 1,196,571 518,627 0 xxx 0 xxx 0 22,815 7,600 xxx 0 xxx 1,000 xxx 0 xxx 8,600 60,000 # 0 20,352 # CAP set by administrative action 1,570,429 (Higher than 300% of Annual Cost History) 0.00 0 0.00 76.0% 765,861.40 0 0.00 0 0.00 1,327.00 100.0% (677,944) 51,862.70 51,862.70 10.0% 0 0.00 0 0.00 0 0.00 22,815.00 100.0% 0 0.00 0 0.00 xxx 0 0.00 xxx 0 0.00 20,352.00 100.0% 862,218.10 1 54.9% Exhibit 3 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT AND ORDERING LEVY OF ASSESSMENT FOR FISCAL YEAR 2005/06 FOR THE CITY OF MOORPARK LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS WHEREAS, by Resolution No. 2005 -2276, the City Council ordered the preparation of an Engineer's Report for the City's Landscaping and Lighting Maintenance Assessment Districts (the "Assessment Districts ") for fiscal year 2005- 06; and WHEREAS, pursuant to said Resolution, the Engineer's Report ( "Report ") was prepared by Shilts Consultants, Inc., Engineer of Work, in accordance with Section 22565, et. seq., of the Streets and Highways Code and Article XIIID of the California Constitution; and WHEREAS, by Resolution No. 2005 -2322 the City Council preliminarily approved the Engineer's Report for said Districts and set a date for a Public Hearing; and WHEREAS, said report was duly made and filed with the City Clerk and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that the report should stand as the Engineer's Report for all subsequent proceedings under and pursuant to the aforesaid resolution, and that June 1, 2005, at the hour of 7:00 p.m. in the Council Chambers, located at 799 Moorpark Avenue, Moorpark, California 93021, were appointed as the time and place for a hearing by this Council on the question of the levy of the proposed assessment, notice of which hearing was given as required by law; and WHEREAS, at the appointed time and place the hearing was duly and regularly held, and all persons interested and desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to the levy were fully heard and considered by the Council, and all oral statements and all written protests or communications were duly heard, considered and overruled, and this Council thereby acquired jurisdiction to order the levy and the confirmation of the diagram and assessment prepared by and made a part of the Engineer's Report to pay the costs and expenses thereof. <a T)� I" . " Arm Resolution No. 2005 - Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The public interest, convenience and necessity require that the levy be made. SECTION 2. The Assessment Districts benefited by the improvements and assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are as shown by a map thereof filed in the office of the City Clerk, which map is made a part hereof by reference thereto. SECTION 3. The Engineer's Report as a whole and each part thereof, to wit: (a) the Engineer's estimate of the itemized and total costs and expenses of maintaining the improvements and of the incidental expenses in connection therewith; (b) the diagram showing the Assessment Districts, plans and specifications for the improvements to be maintained and the boundaries and dimensions of the respective lots and parcels of land within the Assessment Districts; and (c) the assessment of the total amount of the cost and expenses of the proposed maintenance of the improvements upon the several lots and parcels of land in the Assessment Districts in proportion to the estimated special benefits to be received by such lots and parcels, respectively, from the maintenance, and of the expenses incidental thereto; are finally approved and confirmed. SECTION 4. Final adoption and approval of the Engineer's Report as a whole, and of the plans and specifications, estimate of the costs and expenses, the diagram and the assessment, as contained in the report as hereinabove determined and ordered, is intended to and shall refer and apply to the report, or any portion thereof as amended, modified, or revised or corrected by, or pursuant to and in accordance with, any resolution or order, if any, heretofore duly adopted or made by this Council. SECTION 5. The assessment to pay the costs and expenses of the maintenance of the improvements for fiscal year 2004 -05 is hereby levied. For further particulars pursuant to the provisions of the Landscaping and Lighting Act of 1972, reference is hereby made to the Resolution directing preparation of Engineer's Report. �0 ^ — � 9-w Resolution No. 2005 - Page 3 SECTION 6. Based on the oral and documentary evidence, including the Engineer's Report, offered and received at the hearing, this Council expressly finds and determines (a) that each of the several lots and parcels of land will be specially benefited by the maintenance of the improvements at least in the amount, if not more than the amount, of the assessment apportioned against the lots and parcels of land, respectively, and (b) that there is substantial evidence to support, and the weight of the evidence preponderates in favor of, the aforesaid finding and determination as to special benefits. SECTION 7. Immediately upon the adoption of this resolution, but in no event later than the third Monday in August following such adoption, the City Clerk shall file a certified copy of the diagram and assessment and a certified copy of this resolution with the Auditor of the County of Ventura. Upon such filing, the County Auditor shall enter on the County assessment roll opposite each lot or parcel of land the amount of assessment thereupon as shown in the assessment. The assessments shall be collected at the same time and in the same manner as County taxes are collected and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. After collection by the County, the net amount of the assessments, after deduction of any compensation due the County for collection, shall be paid to the City of Moorpark Landscaping and Lighting Maintenance Assessment Districts. SECTION 8. Upon receipt of the moneys representing assessments collected by the County, the County shall deposit the moneys in the City Treasury to the credit of the improvement funds previously established under the distinctive designation of the Assessment Districts. Moneys in the improvement funds shall be expended only for the maintenance, servicing, construction or installation of the improvements. SECTION 9. 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 1St day of June, 2005. ATTEST: Patrick Hunter, Mayor Deborah S. Traffenstedt, City Clerk (A 4-'� �" "" 6,�