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HomeMy WebLinkAboutRES CC 1993 918 1993 0217RESOLUTION NO. 93- 918 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA PASSING ON PROTESTS, APPROVING THE FINAL ENGINEER'S REPORT FOR THE CITY OF MOORPARK ASSESSMENT DISTRICT NO. 92 -1 (MISSION BELL PLAZA), CONFIRMING THE ASSESSMENTS, ORDERING THE IMPROVEMENTS AND OTHER ACTIONS RELATED THERETO WHEREAS, the City Council of the City of Moorpark, California (the "City Council "), on August 19, 1992, adopted its Resolution No. 92 -880 (the "Resolution of Intention ") stating its intention to form a special assessment district under and pursuant to the Municipal Improvement Act of 1913 (the "Improvement Act "), being Division 12 of the California Streets and Highways Code, and to issue bonds related thereto under and pursuant to the Improvement Bond Act of 1915 (the "Bond Act "), being Division 10, including Part 10.7 of the California Streets and Highways Code, for the financing, acquisition, construction and installation of certain public improvements, the special assessment district to be known as "City of Moorpark Assessment District No. 92 -1 (Mission Bell Plaza)" (the "District "); and WHEREAS, pursuant to the Resolution of Intention, a report (the "Engineer's Report") containing plans and specifications, an estimate of costs of the work and improvements, a diagram, the proposed assessments according to benefit and other information called for by law and as required by Section 10204 of the Improvement Act and Part 7.5 of Division 4 of the California Streets and Highways Code (commencing with Section 2960), was duly made and filed with the City Clerk of the City of Moorpark, California (the "City "), and presented to the City Council, and is incorporated herein by reference; and WHEREAS, the City Council, on November 18, 1992, adopted Resolution No. 92 -896, whereby the City Council duly considered the Engineer's Report, found that the Engineer's Report was done in the form and manner required by law, preliminarily approved the Engineer's Report, declared that the Engineer's Report should stand as the report for the purpose of all subsequent proceedings under the Improvement Act and called for a public hearing to be held on the proposed District, the proposed work and improvements, the proposed assessments, the Engineer's Report and the City Council's intent to issue limited obligation bonds; and ELI WHEREAS, in accordance with the Improvement Act, notice of two (2) public hearings concerning the proposed District, the proposed work and improvements, the proposed assessments, the Engineer's Report and the City Council's intent to issue limited obligation bonds, to be held on January 6, 1993 and January 20, 1993, was duly given by mail to each property owner within the District, and by publication in the Moorpark News Mirror on December 3, 1992 and December 10, 1992, in the form and manner provided by law and as evidenced by affidavits on file with the transcript of these proceedings; and WHEREAS, at the January 6, 1993, and January 20, 1993, public hearings, certain owners of property liable to be assessed for the work and improvements filed written protests or objections and delivered the same to the City Clerk not later than the times set for the hearing of such objections; and WHEREAS, at the January 20, 1993, City Council meeting, the City Council opened the second public hearing, and in order to give the City's Public Works, Facilities and Solid Waste Committee (the "Committee ") additional time to meet with concerned property owners and to discuss the deferment and loan program hereinafter described, the second public hearing was continued to February 3, 1993 and then again continued to February 17, 1993; and WHEREAS, at the public hearings, all persons desiring to be heard on all matters pertaining to the proposed District, the proposed work and improvements, the proposed assessments, the Engineer's Report and the City Council's intent to issue limited obligation bonds, were heard and their concerns fully considered, and all matters as to the method and formula of the assessment spread and the determination as to whether or not the properties did receive a benefit and whether the assessments were apportioned in accordance to benefit were heard and fully considered; and WHEREAS, at the conclusion of the continued second public hearing, the owners of at least one -half (1/2) of the area of land within the District, did not file written protests, and the City Council considered and overruled all other protests; and WHEREAS, the Engineer's Report states that the total amount of the principal sum of all unpaid special assessments levied against the parcels proposed to be assessed, plus the principal amount of the special assessment proposed to be levied in the instant proceedings, does not exceed one -half ('h) of the total value of the parcels proposed to be assessed; and WHEREAS, an initial environmental study has been completed for the District in compliance with the California Environmental Quality Act of 1970 (commencing with California Public Resources Code Section 21000) ( "CEQA ") and the City's CEQA Guidelines, which indicates that the project does not have a significant effect on the environment and that approval of a Negative Declaration would be appropriate; and ;, WHEREAS, pursuant to the Committee's meetings by itself and with concerned property owners, it is in the best interest of both the City and the concerned property owners for the City to develop a deferment and loan program for owners of property within the District who use their property solely for residential and /or agricultural purposes. The program provides that the City lend the assessment amount to qualified property owners from its Los Angeles Avenue Area of Contribution funds and that participating property owners repay such loan upon the occurrence of certain specified events; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND DECLARE THAT: Section 1. The above recitals are all true and correct. Section 2. All protests and objections of every kind and nature be were considered, and the same hereby are, overruled and denied, and it is further determined that said protests and objections are made by owners of less than one -half (1 /2) of the area of property to be assessed within the District. Section 3. All properties within the District receive a local and direct benefit from the work and improvements as proposed and all assessable costs and expenses have been apportioned and spread over the properties within the boundaries of the District in direct proportion to the benefits received thereby. Section 4. The final Engineer's Report, as now submitted to the City Council, and with such modifications and amendments, if any, as directed by the City Council upon the close of the public hearings (the "Final Engineer's Report"), is hereby incorporated by reference and made a part of the record. Such final Engineer's Report shall stand as the report for the purpose of all subsequent proceedings for the District and shall govern all details thereof. Section 5, The Final Engineer's Report is hereby confirmed and approved. The assessments of the costs and expenses of the work and improvements contained in the Final Engineer's Report are hereby confirmed and approved and such assessments are hereby levied upon the respective parcels of land as set forth in the Final Engineer's Report. The diagram (the "Diagram ") for the District as presented to the City Council in the Final Engineer's Report is hereby confirmed and approved and the District is hereby formed. Section 6. The public interest and convenience require the work to be done and the improvements to be constructed, and, therefore, it is hereby ordered that the work be done and the improvements be constructed in accordance with the Resolution of Intention and the Final Engineer's Report for the District. SU. - I - Section 7. This Resolution shall be final as to all persons and the assessments is hereby levied upon the respective parcels of land in the District according to the Final Engineer's Report. Section g. The total amount of the principal sum of all unpaid special assessments levied against the parcels proposed to be assessed, plus the principal amount of the special assessment proposed to be levied in the instant proceedings, does not exceed one -half ('h) of the total value of the parcels proposed to be assessed, and this finding shall be final and conclusive. Section 9. The City Clerk shall forthwith deliver to the Superintendent of Streets the assessments, together with the Diagram attached thereto and made a part thereof, as confirmed, with the certificate of the City Clerk of such confirmation attached and the date thereof; and the Superintendent of Streets shall immediately record the Diagram and assessments in his office in a book suitable for such purpose and attach thereto his certificate of the date of such recording. Section 10. The City Clerk shall file a copy of the Diagram in the office of the County Recorder of the County of Ventura (the "County ") and cause to be paid the filing fee therefor. Section 11. The City Clerk shall execute and record a Notice of Assessment in the office of the County Recorder of the County. Section 12. Upon the recording of the Diagram and the Notice of Assessment, the City Clerk shall mail to each owner of property within the District at his or her last known address as the same appears on the tax rolls of the County or on file in the office of the City Clerk, a statement containing a designation by street number or other description of the property assessed sufficient to enable the owner to identify the same, the amount of the assessment, the time and place of the payment thereof, the effect of failure to pay within such time, and a statement of the fact that bonds will be issued on the unpaid assessments pursuant to the Bond Act. Section 13. The City Clerk shall publish once a week for two (2) consecutive weeks in a newspaper of general circulation within the City a Notice of Recordation of Assessment. Section 14. The City Council shall deposit all funds collected during the 30 -day cash collection period in the District Improvement Fund (the "Improvement Fund ") established by the Resolution of Intention. Section 15. The City Council has considered the Negative Declaration prepared for the District which is on file with the City Clerk and finds, on the basis of the initial study attached thereto, that there is no substantial evidence that the project will not have -Wz.. 1 -4- a significant effect on the environment. The Negative Declaration respecting the District is hereby approved and the City Clerk shall record the Notice of Determination in the office of the County Recorder. Section 18, The City hereby determines that it is in the best interests of both the City and the concerned property owners for the City to develop a deferment and loan program for owners of property within the District who use their property solely for residential and /or agricultural purposes. Section 19. The City hereby approves the deferment and loan program and authorizes the advance of funds from the Los Angeles Avenue Area of Contribution Fund for such purposes as set forth in the "Deferment and Loan Agreement ". The form of the "Deferment and Loan Agreement" presented at this meeting, and attached hereto and incorporated herein as Exhibit A, is hereby approved, and the Mayor, City Manager or other authorized official of the City and the City Clerk of the City are authorized and directed to execute the Deferment and Loan Agreement in substantially the form hereby approved, with such additions thereto and changes therein as are recommended and approved by the City Manager and Bond Counsel, with such approval to be conclusively evidenced by the execution of the Deferment and Loan Agreement with individual participating property owners. Section 20, The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. PASSED, APPROVED AND ADOPTED this 17th day of February, 1993. ATTEST: 40. City Clerk Paul W. fawrason Jr., Mayor EXHIBIT "A" FORM OF DEFERMENT AND LOAN AGREEMENT 40. WHEN RECORDED RETURN TO: Cheryl J. Kane, Esq. City Attorney, City of Moorpark c/o Burke, Williams & Sorensen 611 West Sixth Street, Suite 2500 Los Angeles, California 90017 DEFERMENT AND LOAN AGREEMENT REGARDING CITY OF MOORPARK ASSESSMENT DISTRICT NO. 92 -1 (MISSION BELL PLAZA) This Deferment and Loan Agreement (the "Agreement ") is entered into this day of , 1993, by and between the CITY OF MOORPARK, CALIFORNIA (the "City "), a municipal corporation and _ _ __ (the "Property Owner "). RECITA1,S A. The Property Owner is the owner of certain real property in the County of Ventura (the "County "), State of California, more particularly described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property "). B. On or about August 10, 1992, the City received a petition requesting that the City form the City of Moorpark Assessment District No. 92 -1 (Mission Bell Plaza) (the "District "), pursuant to the Municipal Improvement Act of 1913 (the "Act "), issue assessment bonds and levy special assessments on benefitted property owners within the District boundaries to finance the costs of certain public capital improvements. The Property is within the boundaries of tl 1)i,tnct 4:(, C. On August 19, 1992, at a regular meeting of the City of Moorpark City Council (the "City Council "), the City Council adopted its Resolution No. 92 -880, which declared the City's intention to order the creation of the District, issue bonds and levy assessments on parcels, including the Property. D. On November 18, 1992, at a regular meeting of the City Council, the City Council adopted its Resolution No. 92 -896, which preliminarily approved the Engineer's Report (the "Report") relating to the District. E. Two public hearings concerning the District were held. The Property Owner was duly and properly notified of these hearings by first -class mail and by publication in the Moorpark News - Mirror. At such public hearings, held on January 6, 1993, January 20, 1993, February 3, 1993, and continued until February 17 at the City Council Chamber, written protests were received in connection with the District, including a written protest from the Property Owner F. As a result of the public hearings, the Public Works, Facilities and Solid Waste Committee (the "Committee ") met with owners of property within the District, including the Property Owner, to address the concerns raised at the public hearings. G. This Agreement is the result of the meetings and discussions between the Committee and the Property Owner, and the City's recognition of potential financial inability or difficulty in timely paying the assessments by certain owners of property within the District currently used for residential or agricultural purposes. H. . On February 17, 1993, at a regular meeting of the City Council, the City Council adopted its Resolution No. 93 -_ which formed the District, levied an assessment in the amount of $ _ _ on the Property and authorized the City to enter into this Agreement. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements contained herein, the parties do hereby covenant and agree as follows: Section I. Deferment and Reimbursement of Assessment Amounts. A. Property Use. The Property Owner hereby represents and warrants that the Property is currently used solely for residential and /or agricultural purposes. 1;(,.. B. Rights-Of-Way. The Property Owner shall either dedicate and receive a corresponding credit to lower the Advance (as hereinafter defined) or transfer for a mutually agreed upon price, any and all rights -of -way on the Property relating to the Improvements as determined by the City. The Property Owner hereby agrees to execute any documentation necessary to effectuate such dedication or transfer. C. City's Advance. The City shall advance the sum of $ , representing the total amount of the Property Owner's assessment levied on the Property (the "Advance "), upon execution of the Agreement, and delivery by the Property Owner of a Promissory Note (the "Note ") secured by a Deed of Trust and Assignment of Rents for the City's benefit (the "Deed of Trust ") in substantially the form of Exhibit "B" attached hereto and incorporated herein by reference. The Advance shall be deposited in the "City of Moorpark Assessment District No. 92 -1 (Mission Bell Plaza) Improvement Fund ", to discharge and remove the assessment lien on the Property. The Property Owner shall execute the Agreement, and Note and Deed of Trust and the City shall make its Advance on behalf of the Property Owner during the thirty (30) day cash collection period beginning February 17, 1993, and ending March 20, 1993. The City shall record the Deed of Trust. The Advance shall be payable solely, and only to the extent funds are available, from moneys on deposit in the City's Los Angeles Avenue Area of Contribution Fund (the "LAAOC Fund "). The principal amount of the Note shall equal the amount of the Advance. If the amount of the assessment is hereafter reduced, the amount of the Advance shall be correspondingly reduced and the Property Owner shall execute an amended Note. Any default under the Note shall constitute a default under the Agreement D. Interest. The Advance, evidenced by the Note, shall bear simple interest at the variable rate equivalent to the Local Agency Investment Fund ( "LAIF ") rate of interest determined on the first day of each month, but in no event shall the interest rate exceed seven percent (7 %) per annum. If LAIF is discontinued or revised, such successor fund or computation with which LAIF is replaced shall be used in order to obtain substantially the same result as would otherwise have been obtained if LAIF had not been discontinued or revised. The Property Owner may pay to the City once during a calendar year all interest currently due and owing on the Note. The Property Owner shall contact the City Treasurer and request the amount of interest to be calculated. The City shall not be obligated to perform such calculation more than once a calendar year. Interest shall be payable in lawful nione:v of the United States of America, without set off, deduction or an11t: r�l,um. +)y c.i`hier's check or other immediately available funds. 4 >.. E. Repayment. Repayment by the Property Owner of the Advance, plus accrued interest, shall be immediately due and payable in lawful money of the United States of America, without set off, deduction or counter- claim, by cashier's check, or other immediately available funds, upon the earliest occurrence of any one of the following events: 1. The date on which the City issues a building permit with a valuation of over $1,000 for the Property (other than a building permit for walls) pursuant to the laws and regulations currently in existence or which may be in effect from time to time. 2. The date on which a City official executes an approved final map of the Property to permit recordation or the date of a court order to subdivide the Property 3. The expiration of thirty (30) years from the date hereof. F. Pre - Payment. The Property Owner may prepay in full, without penalty the principal and accrued interest on the Note prior to the occurrence of any of the events specified above in Section II.E . G. Existing Liens and Title Report. The Property Owner hereby represents and warrants that Exhibit "C" attached hereto and incorporated herein by reference contains a true, correct and complete list of all mortgages, liens or other encumbrances on or affecting the Property as of the date of this .Agreement. Prior to execution of this Agreement, a preliminary title report shall be provided by the Property Owner at his or her expense. Section II. Miscellaneous. A. Not A City Debt. This Agreement shall not be construed as a debt of the City within the meaning of any constitutional or statutory debt limitation or restriction, nor as a legal or equitable pledge, charge, lien or encumbrance upon any City property, City income, City receipts or City revenues, except as provided herein. No officers, employees or agents of the City shall in any event be personally liable hereunder. B. Advance Solely from the l_AAOC Fund. The LAAOC Fund shall be the sole source of the Advance to the Property Owner. The City's general fund, its credit, and its taxing power are not liable for any obligation to the Property Owner arising mit of this Agreement. 4It. _4 C. Indemnification. The Property Owner shall indemnify and hold harmless the City and its officers, employees, servants and agents against any liability (including but not limited to, liability under any federal or state law or regulation regarding hazardous materials), claims, demands, damages or costs, including attorneys' fees, arising out of, or in connection with, this Agreement, except to the extent the same are directly caused by the gross negligence or wilful misconduct of the City. Section III. General Provisions. A. Notices. Any notices or other communication which either party is required or desires, to give under this Agreement, shall be made by personal delivery or by deposit in the United States mail, duly certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended, as follows: To the City at: City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Attn: City Manager To the Property Owner at: [list names and addresses] Any party to this Agreement may from time -to -time, by written notice to all other parties, designate a different address which shall be substituted for the one specified above. B. Governing Law. This Agreement shall be governed by the laws of the State of California. C. Interpretation. Should interpretation of this Agreement, or any portion thereof, be necessary, it shall be deemed that the Agreement was prepared by the parties jointly and equally, and shall not be interpreted against any party on the ground that the party prepared the Agreement or caused it to be prepared. The section headings are solely for the purposes of convenience and shall not be construed to limit or extend the meaning of this Agreement. D. Entire Agreement. This Agreement with its attached Exhibits, and the Note and Deed of Trust constitute the entire agreement between the City and the Property Owner with respect to the subject matter hereof. E. Severability. The parties agree that if any section, paragraph, sentence or clause of this Agreement is declared by a court of competent jurisdiction to be unenforceable or void by reason of public policy or otherwise; the remaining provisions of this Agreement shall nonetheless remain enforced to the fullest extent permitted by law. F. Attorneys' Fees. In the event a legal proceeding is brought by the Property Owner or the City for the enforcement of, or the declaration of rights pursuant to, this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable costs and expenses, including reasonable attorneys' fees, from the losing party, and any judgment or decree rendered in such proceeding shall include an award thereof. G. Modification. This Agreement shall not be modified except by the written agreement of the parties. H. Successors and Assigns. This Agreement shall in all respects bind, and .inure to the benefit of, the heirs, executors, administrators, successors and assigns of each of the parties. The Deed of Trust shall be fully assumable by any successors in interest to the Property and notice thereof shall be provided to the City. I. Recordation. Upon execution of this Agreement, this Agreement, or a memorandum thereof, shall be recorded in the Official Records of the County. 13o f,_ IN WITNESS WHEREOF, the City of Moorpark, California, and the Property Owner have duly executed this Agreement as of the date first written above. CITY OF MOORPARK, CALIFORNIA ATTEST: Lillian Hare, City Clerk Mayor [signature lines for each property owner to follow] 4 ;� EXHIBIT "A THE PROPERTY 116'. EXHIBIT "B" PROMISSORY NOTE SECURED BY DEED OF TRUST This Promissory Note (the "Note ") is dated and effective as of , 1993, by and between the City of Moorpark, California (the "City "), a municipal corporation and (the "Property Owner "). The City and the Property Owner agree as follows: 1. Deferment and Agreement. This Note is issued pursuant to and subject to the terms and conditions of that certain agreement entitled "Deferment and Loan Agreement" by and between the City and the Property Owner dated , 1993 (the "Agreement "). This Note represents money advanced to the Property Owner by the City in the amount of the Property Owner's assessment levied on certain real property in connection with the City of Moorpark Assessment District No. 92 -1 (Mission Bell Plaza) (the "District "), pursuant to and subject to the Agreement. Any default under the Agreement shall constitute a default under this Note. 2. Repayment of Advance. For the above - described value received, the Property Owner promises to pay to the City, or order, at: The City of Moorpark, 799 Moorpark Avenue, Moorpark, California 93021, Attention: City Manager, or at such other place as the City may from time to time designate by written notice to the Property Owner, the principal sum of $ dollars ($ ), with simple interest on the unpaid principal sum on the date hereof, at the variable rate equivalent to the Local Agency Investment Fund ( "LAIF ") rate of interest determined on the first day of each month, but in no event shall the interest rate exceed seven percent (7 %) per annum. If LAIF is discontinued or revised, such successor fund rate or computation with which 1_AIF is replaced shall be utilized. Interest shall be based on a 360 -day year, consisting of twelve (12) 30 -day months. Principal and accrued interest shall be due and payable in lawful money of the United States of America, without set off, deduction or counter - claim, by cashier's check, or other immediately available funds upon the earliest occurrence of any one of the following events: a. The date on which the City issues a building permit with a valuation of over $1,000 for the Property (other than a building permit for walls) pursuant to the laws and re,,ulations currently in existence or which may be in effect from time io rile e. 5 .),,. 4 b. The date on which a City official executes an approved final map of the Property or the date of a court order to subdivide the Property. C. The expiration of thirty (:30) years from the date hereof. 3. Default Interest Rate. If the Property Owner defaults under the Agreement, interest for the period commencing with the date of default and ending when full payment is made to the City shall be simple interest at seven percent (7 %). The City has no intent to require the Property Owner to pay interest at a rate higher than the lawful rate. 4. Prepayment of the Note. At the option of the Property Owner, the principal sum of this Note and all accrued interest may be prepaid, without penalty, in whole, at any time prior to its maturity. The Property Owner may pay to the City once during a calendar all interest currently due and owing on the Note. The Property Owner shall contact the City Treasurer and request the amount of interest to be calculated. The City shall not be obligated to perform such calculation more than once a calendar year. 5. Cost of Collection. The Property Owner agrees to pay the following costs, expenses and attorneys' fees paid or incurred by the City, or adjudged by a court: (1) reasonable costs of collection, costs, expenses and attorneys' fees paid or incurred in connection with the collection or enforcement of this Note, whether or not suit is filed; and (2) costs of suit and such sum as the court may adjudge as attorneys' fees in an action to enforce payment of this Note or any part of it. 6. Security for Note. The Property Owner's indebtedness evidenced by this Note is secured by a Deed of Trust and Assignment of Rents (the "Deed of Trust ") encumbering the Property Owner's real property in Ventura County, California, and within the District boundaries. The property is more fully described in the Deed of Trust. 7. Forbearance Not A Waiver: Remedies Cumulative. No delay or omission on the part of the City in exercising any rights remedies, powers or privileges under this Note, the Deed of Trust or any other agreements, shall operate as a waiver of such right, remedy, power or privilege or any other right, remedy, power or privilege under this Note, Deed of Trust or any other agreements. No exercise or partial exercise of any right, remedy, power or privilege shall preclude any other or further exercise of such right, remedy, power or privilege or the exercise of any other right, remedy, power or privilege. No right, remedy, power or privilege conferred upon the City by the Agreement, Note or Deed of Trust or by any other agreements, is intended to be exclusive of any other right, remedy, power or privilege provided or permitted by the Agreement, the Note, the Deed of "Crust, ativ other agreements or by law, but each shall be cumulative and in addition to every other right, remedy, power or privilege so provided or permitted and each may be exercised concurrentl,, or independently from time -to -time and as often as may be deemed expedient by the Ultv 4 ?O, 8. Assiiznment. The City shall have the right to sell, assign or otherwise transfer, either in part or in its entirety, this Note, the Deed of Trust, and any other instrument evidencing or securing the indebtedness of this Note without the consent of the Property Owner. 9. Successors and Assigns. To the extent permitted by this Note and by operation of law, this Note and all of its covenants, promises and agreements contained in it shall be binding on, and inure to the benefit of, the respective legal and personal representatives, devisees, heirs, successors and assigns of the City and the Property Owner. The Deed of Trust shall be fully assumable by any successors in interest to the Property and notice thereof shall be provided to the City. 10. Time Is Of The Essence. Time is of the essence for each and every obligation under this Note. IN WITNESS WHEREOF, this Note is executed at , California, on the day of , 1993, and the provisions hereof are hereby accepted by the City of Moorpark, California, as of said date. ACCEPTED: ATTEST: CITY CLERK PROPERTY OWNER By- -- CITY OF MOORPARK, CALIFORNIA By____ MAYOR EXHIBIT "C" LIST OF ENCUMBRANCES MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) 3S. CITY OF MOORPARK ) I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 93 -918 was adopted by the City Council of the City of Moorpark at a meeting held on the 17th day of FEBRUARY -., 1993, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS HUNTER, MONTGOMERY, PEREZ AND WOZNIAK NOES: NONE ABSENT: MAYOR LAWRASON ABSTATN: NONE this PAUL W LAWRASUN .ik Mayor WITNESS my hand and the official seal of said City 18th day of FEBRUARY 1993. City -'lurk rr SCOT1 MONTGOMELO PATRi(.K H 1NTFR BERNARDO M PERE/ ,,-N E WOZNIAK Mayor Pro Tom Cournilmi•mbee Counalmember COUnalmember