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HomeMy WebLinkAboutRES CC 1989 613 1989 0920RESOLUTION NO. 89 -613 RESOLUTION OF INTENTION BY THE CITY COUNCIL OF THE CITY OF MOORPARK TO ESTABLISH A JOINT POWERS AGREEMENT BETWEEN THE CITY OF MOORPARK AND THE COUNTY OF VENTURA PROVIDING FOR THE FUNDING, IMPROVEMENT AND MAINTENANCE OF AN OPEN SPACE /BUFFER ZONE BETWEEN TRACTS 4340, 4341 AND 4342 OF MOUNTAIN MEADOWS AND THE UNINCORPORATED COMMUNITY OF HOME ACRES THIS RESOLUTION WAS APPROVED AT THE REGULARLY SCHEDULED CITY COUNCIL MEETING OF SEPTEMBER 20, 1989, AS CONSENT CALENDAR ITEM 8.E. THIS RESOLUTION WAS NEVER SIGNED RESOLUTION NO. 89- 61_ RESOLUTION OF INTENTION BY TIE? CITY COUNCIL OF THE CITY OF MOORPARK TO ESTABLISH A JOINT POWERS AGREEMENT BETWEEN THE CITY OF MOORPARK AND THE COUNTY OF VENTURA PROVIDING FOR THE FUNDING, IMPROVEMENT AND MAINTENANCE OF AN OPEN SPACE. /BUFFER ZONE BETWEEN TRACTS 4340, 4341 AND 4342 OF MOUNTAIN MEADOWS AND THE UNINCORPORATED COMMUNITY OF HOME ACRES WHEREAS, as a condition of City of Moorpark Tract Map 4341, the developer was required to dedicate land for a open space /buffer zone, hereinafter "Open Space," with said park located within Tract 4341 between the area encompassed by City of Moorpark Tracts 4340, 4341, and 4342, and the unincorporated community of Home Acres; and WHEREAS, a fair and equitable method is needed to develop and maintain such "Open Space "; and WHEREAS, while the "Open Space" will affect property both in the City of Moorpark and in the unincorporated community of home Acres, the purpose sought to be accomplished by the "Open Space" can best be accomplished by a single comprehensive scheme; and WHEREAS, pursuant to Title 1, Division 7, Chapter. 5, of the Government Code of the State of California, commonly known as the Joint Exercise of Powers Act, two or more public agencies may, by agreement, jointly exercise any power common to the contracting parties; and WHEREAS, a resolution of intention is required by Streets and Highways Code Sections 22506, 5117, arid 5118; and WHEREAS, the County has requested that the draft agreement be presented to the Board of supervisors after the City of Moorpark adopts a resolution of intention needed to fulfill the Landscaping arid Lighting Act of 1972; and WHEREAS, approval by the City of Moorpark would be with the understanding that the assessments levied by the assessment district to develop and maintain the "Open Space" shall be borne by the property owners of the unincorporated community of Home Acres and by the property owners of the City of Moorpark Tracts 4340, 4341, and 4342 arid that such approval of the assessment district authorizes the assessment district to take each arrd every step required or suitable, including the levying, collecting and enforcement of the assessment to cover expenses thereof.; and WHEREAS, on September 6, 1989, the Citv Council for the City of Moorpark directed staff to prepare a resolution of intention as requited by the Streets and Highways Code sections 22506, 5117, and 5118; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: a•raina.dnc SECTION 1. The City Council approves and consents to the proposed resolution of intention as required by Streets and Highways Code sections 22506, 5117 and 5118. Such approval and consent is given with the understanding that the assessments levied by the assessment distric=t to develop and maintain the "Open Space" shall be borne one -half by the property owners of the unincorporated community of Home Acres as shown on Exhibit "A" and the other half by the property owners of City of Moorpark Tracts 4340, 4341 and 4342. Such approval and consent, as limited above, authorizes the assessment district to take each and every step required or suitable, including the levying, collecting and enforcement of the assessment to cover the expenses thereof. SECTION 2. That this resolution shall take effect immediately. SECTION 3. That the City Council shall authorize the Mayor to sign the Joint Powers Agreement between the City and the County of Ventura. SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution. PASSED AND ADOPTED this 20th day of September, 1989. ATTEST: Lillian E. Kellerman (SEAL) a: rs ipa. doc Mayor: Eloise Brown niv ' I a I Y• I 8 i _ II 29 Pu 72 I 1 --- -- 2 Pu 2 - - - - -' — TRACT 4342 � (1 79 UNITS) i Pui i II RPD -3.1u* _ 11 II I I - -- �� - RPD 1,84- u - - - - ^- - -'- - - - 1 tPw 1 — ,Pm 9 TRACT 4340 " (1 66 UNITS) ' PC PC i 12 PM P : V 7 2 a P) 11 9: OpEx SPACE ~" - RP -2.45 u P " °' V49 RACT 4341 5Pµ se 2 PM 6 27 2P P, , Py92 ¢ (1 FJ4 UNITS) I