HomeMy WebLinkAboutRES CC 2023 4176 2023 0503 RESOLUTION NO. 2023-4176
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, DECLARING ITS INTENTION
TO CONTINUE ASSESSMENTS FOR FISCAL YEAR
2023/2024, PRELIMINARILY APPROVING ENGINEER'S
REPORT, AND PROVIDING FOR NOTICE OF HEARING
FOR THE PARKS AND RECREATION MAINTENANCE
AND IMPROVEMENT DISTRICT OF THE CITY OF
MOORPARK ON JUNE 7, 2023
WHEREAS, on July 16, 1999, by its Resolution No. 1999-1625, after receiving a
weighted majority of ballots in support of the proposed assessment, this Council
ordered the formation of and levied the first assessment within the City of Moorpark
Parks and Recreation Maintenance and Improvement District (the "Assessment
District") pursuant to the provisions of Article XIIID of the California Constitution, and the
Landscaping and Lighting Act of 1972 (the "Act"), Part 2 of Division 15 of the California
Streets and Highways Code (commencing with Section 22500 thereof); and
WHEREAS, the first Engineer's Report for Fiscal Year 1999/2000 described how
the Assessment District would be established, determined the uses of the assessment
funds, established the methodology by which the assessments would be applied to
properties in the Assessment District, established that the assessment is subject to an
annual adjustment tied to the 12-month change in the Consumer Price Index-U for the
Los Angeles Area as of December of each succeeding year (the "CPI"), and stated that
the assessment would continue year-to-year until terminated by the City Council; and
WHEREAS, although the methodology by which the assessments are applied to
properties in the Assessment District does not change from year to year, a new
Engineer's Report is prepared each year in order to establish the CPI adjustment for
that year; the new maximum authorized assessment rate for that year; the budget for
that year; and the amount to be charged to each parcel in the Assessment District that
year, subject to that year's assessment rate and any changes in the attributes of the
properties in the Assessment District, including but not limited to use changes, parcel
subdivisions, and/or parcel consolidations; and
WHEREAS, on January 18, 2023 by Resolution No. 2023-4156 the City Council
ordered the preparation of an Engineer's Report for the Assessment District for fiscal
year 2023/2024; and
WHEREAS, pursuant to said Resolution, the Engineer's Report was prepared by
SCI Consulting Group, Engineer of Work, in accordance with 22565, et. seq., of the
Streets and Highways Code (the "Report") and Article XIIID of the California
Constitution; and
WHEREAS, said Engineer's Report was filed with the City Clerk and the City
Council has reviewed the Report and wishes to take certain actions relative to said
Report.
Resolution No. 2023-4176
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1 . The Report for "PARKS AND RECREATION MAINTENANCE AND
IMPROVEMENT DISTRICT", on file with the City Clerk, has been duly considered by
the Moorpark City Council and is hereby deemed sufficient and 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 this Council to continue to collect assessments
within the Assessment District for fiscal year 2023/2024. Within the Assessment
District, the existing and proposed improvements, and any substantial changes
proposed to be made to the existing improvements, are generally described as the
installation, maintenance and servicing of public facilities, including but not limited to,
landscaping, sprinkler systems, park grounds, park facilities, landscape corridors,
ground cover, shrubs and trees, street frontages, playground equipment and hardcourt
areas, senior and community centers, drainage systems, lighting, fencing, entry
monuments, basketball courts, tennis courts, running tracks, other recreational facilities,
security guards, graffiti removal and repainting, and labor, materials, supplies, utilities
and equipment, as applicable, for property owned and maintained by the City of
Moorpark. Installation means the construction of recreational improvements, including,
but not limited to, land preparation, such as grading, leveling, cutting and filling, sod,
landscaping, irrigation systems, sidewalks and drainage, lights, playground equipment,
play courts, recreational facilities and public restrooms. 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
for the operation or lighting of any improvements, and water for irrigation of any
landscaping or the maintenance of any other improvements.
SECTION 3. The Assessment District consists of the lots and parcels shown on
the boundary map of the Assessment District 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 Engineer's Report for a full and
detailed description of the improvements, the boundaries of the Assessment District and
the proposed assessments upon assessable lots and parcels of land within the
Assessment District. The Engineer's Report identifies all parcels which will have a
special benefit conferred upon them and upon which an assessment will be imposed.
Resolution No. 2023-4176
Page 3
SECTION 5. The assessment is subject to an annual adjustment tied to the
Consumer Price Index-U for the Los Angeles/Long Beach/Anaheim area as of
December of each succeeding year (the "CPI"), with a maximum annual adjustment not
to exceed 3%. Any change in the CPI in excess of 3% shall be cumulatively reserved
as the "Unused CPI" and shall be used to increase the maximum authorized
assessment rate in years in which the CPI is less than 3%. The maximum authorized
assessment rate is equal to the maximum assessment rate in the first fiscal year the
assessment was levied adjusted annually by the minimum of 1) 3% or 2) the change in
the CPI plus any Unused CPI as described above.
The change in the CPI from December 2021 to December 2022 was 4.92%.
Therefore, the maximum authorized assessment rate for fiscal year 2023/2024 is
increased by 3.00% which equates to $70.76 per single family equivalent benefit unit.
The estimate of cost and budget in the Engineer's Report proposes assessments for
fiscal year 2023/2024 at the rate of$70.76.
SECTION 6. Notice is hereby given that on June 7, 2023, at the hour of
6:30 p.m. in the Community Center Apricot Room, located at 799 Moorpark Avenue,
Moorpark, California 93021, the Council will hold a public hearing to consider the
ordering of the improvements and the continuation of the proposed assessments.
SECTION 7. Prior to the conclusion of the hearing, any interested person may
file a written protest with the City Clerk, or, having previously filed a protest, may file a
written withdrawal of that protest. A written protest shall state all grounds of objection.
A protest by a property owner shall contain a description sufficient to identify the
property owned by such owner. Such protest or withdrawal of protest should be mailed
to SCI Consulting Group, 4745 Mangels Blvd., Fairfield, CA 94534.
SECTION 8. The City Clerk shall cause a notice of the hearing to be given by
publishing a copy of this resolution once, at least ten (10) days prior to the date of the
hearing above specified, in a newspaper circulated in the City of Moorpark.
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 3rd day of May, 2023.
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Chris R. Erie. ;', Mayor
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Resolution No. 2023-4176
Page 4
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify
under penalty of perjury that the foregoing Resolution No. 2023-4176 was adopted by the
City Council of the City of Moorpark at a regular meeting held on the 3rd day of May,
2023, and that the same was adopted by the following vote:
AYES: Councilmembers Castro, Delgado, Groff, Means and Mayor Enegren
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 4th day of May, 2023.
16rSrmuoz_l _
Ky Spa ler, City e erk
(seal)
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