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Home My WebLink AboutRES CC 2000 1748 2000 0607RESOLUTION NO. 2000 -1748 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, MAKING CERTAIN CHANGES TO THE "MOORPARK LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. AD -84 -2" AND CONFIRMING THE ASSESSMENT FOR SAID DISTRICT THE FISCAL YEAR COMMENCING JULY 1, 2000, AND ENDING JUNE 30, 2001 WHEREAS, the City Council of the City of Moorpark, by Resolution No. 2000 -1688, adopted January 5, 2000, declared its intention to make certain changes to the "MOORPARK LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. AD- 84 -2 ", and to order the extension of the annual assessments for said district for the fiscal year commencing July 1, 2000 and ending June 30, 2001; and WHEREAS, said Resolution No. 2000 -1688 ordered the City Manager to cause to be prepared an Engineer's Report for Assessment District 84 -2 for FY 2000/01 in accordance with Article 4, Chapter 1, Part 2, Division 15 of the California Streets and Highways Code; and WHEREAS, said "MOORPARK LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. AD -84 -2" consists of a single city -wide zone to provide electric current or energy for public lighting within the City, to install, construct or maintain any authorized improvements under the Act, including but not limited to one or more of street lights, public lighting facilities, landscaping, statuary, fountains, and other ornamental structures and facilities, and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof, including irrigation, electric current and energy; and to provide incidental expenses in connection therewith; and WHEREAS, said "MOORPARK LIGHTING AND LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT NO. AD -84 -2" also consists of a number of specific zones in order to provide for the assessment of the properties within said zones for the cost of maintaining certain specified improvements which benefit said properties; and WHEREAS, pursuant to the terms of a Joint Powers Agreement (JPA) between the City of Moorpark and the County of Ventura, the City Council of the City of Moorpark, by Resolution No. 92 -860 adopted on June 29, 1992, annexed certain unincorporated area just west of the City known as Home Acres, to the "MOORPARK LIGHTING AND LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT NO. AD- 84-2" in order to implement those provisions of the JPA pertaining to the construction and maintenance of a buffer area between said unincorporated area and the West Ranch area of PC -3 (Tracts 4340, 4341 and 4342); and Resolution No. 2000 -1748 Page 2 WHEREAS, in accordance with the provisions of the aforesaid JPA, it has been determined that said buffer area provides benefit to both the aforesaid Home Acres area and the West Ranch area of PC -3, and a Zone of Benefit encompassing said areas was established to allow for the levy of assessments on the properties within said Zone of Benefit for the purpose of developing and maintaining said buffer area; and WHEREAS, the aforesaid Resolution No. 2000 -1688 [1/5/00] also stated the intent of the City Council to make certain changes to the amount of the assessment for Zone 12 of the District, said increases to be made in accordance with the requirements of Article XIII -D of the California Constitution (Proposition 218); and WHEREAS, by Resolution No. 2000 -1711, adopted on March 1, 2000, the City Council set May 3, 2000, at 6:30 p.m. as the date and time of a public hearing to consider the proposed added improvements and increased assessments for Zone 12 and directed that Mail Ballots and Public Notices on the matter be mailed to the owners of all properties affected by said assessment increase; and WHEREAS, said May 3rd public hearing was convened and the results of the Zone 12 Mail Ballots were tabulated; and WHEREAS, finding that a majority protest did not exist, the City Council adopted Resolution No. 2000 -1734, on May 3, 2000, confirming the results of the Mail Ballots supporting the proposed increase to the Zone 12 assessments and directing that said assessment amounts be included in the final Engineer's Report for Assessment District 84 -2 for FY 2000/2001; and WHEREAS, the City Council, by Resolution No. 2000 -1721, adopted April 5, 2000, approved the Engineer's Report for the District and set 6:30 p.m., June 7, 2000, as the time and date of a public hearing to consider the levy of all of the assessments for AD84 -2 for FY 2000/2001 ; and WHEREAS, except for the above described increase to the Zone 12 assessments, the assessment amounts proposed for FY 2000/2001 have not changed from the assessments levied in FY 1999/00; and WHEREAS, subsequent to the adoption of Resolution 2000 -1721 [4/5/00] approving the Engineer's Report, the City Council has approved a number of changes to the Engineer's Report as deemed necessary and appropriate; and WHEREAS, on June 7, 2000, the City Council held a public hearing to determine whether said changes to said district should be made, and whether the annual assessments should be ordered and Resolution No. 2000 -1748 Page 3 confirmed for the fiscal year commencing July 1, 2000, and ending June 30, 2001; and WHEREAS, the City Council finds that written protests against the proposed work or assessment have not been made by owners representing more than one -half of the area of land to be assessed; and WHEREAS, the City Council, having duly received, considered evidence, oral and documentary, concerning the jurisdictional facts in this proceeding and concerning the necessity for the contemplated work and benefits to be derived therefrom, and the City Council having now acquired jurisdiction to order the proposed assessments for the fiscal year commencing July 1, 2000, and ending June 30, 2001. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Engineer's Report for " MOORPARK LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. AD- 84 -21', filed with the City Clerk on March 24, 2000, as amended or revised by action of the City Council, is hereby approved and adopted, and the improvements, changes to, and extension of the annual assessments in the Assessment District, in accordance with said report, as revised, and in accordance with Resolution No. 2000 -1721 approving said Engineer's Report, is hereby levied for the Fiscal Year 2000/01. SECTION 2. The City Clerk shall cause the diagram and assessment, or a certified copy thereof, to be filed with the County Auditor. SECTION 3. 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 7th day ATTEST: Deborah S. Traffensted City Clerk Resolution No. 2000 -1748 Page 4 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2000 -1748 was adopted by the City Council of the City of Moorpark at a meeting held on the 7"' day of June, 2000, and that the same was adopted by the following vote: AYES: Councilmembers Evans, Harper, Rodgers, Wozniak and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 14`h day of June, 2000. Deborah S. Traffenstedt;"City Clerk (seal)