HomeMy WebLinkAboutRES CC 2013 3237 2013 1106 RESOLUTION NO. 2013-3237
A RESOLUTION OF THE CITY OF MOORPARK,
CALIFORNIA, OF INTENTION TO ORDER THE
ANNEXATION OF TRACT 5425 (SHEA HOMES) INTO
THE CITY OF MOORPARK LANDSCAPING AND
LIGHTING ASSESSMENT DISTRICT AD 06-01, TO LEVY
AND COLLECT ASSESSMENTS WITHIN SUCH
ANNEXATION FOR FISCAL YEAR 2014-15,
PRELIMINARILY APPROVING ENGINEER'S REPORT,
AND PROVIDING FOR NOTICE OF HEARING
THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. On October 16, 2013, the Moorpark City Council adopted
Resolution No. 2013-3232, a Resolution initiating proceedings to annex Tract 5425
(the "Annexation Area") into the City of Moorpark Landscaping and Lighting
Maintenance Assessment District No. AD06-01 (the "District") and directing
preparation of an Engineer's Report. Pursuant to this resolution, SCI Consulting
Group, the Engineer of Work, prepared an Engineer's Report in accordance with
Section 22565, et. seq., of the Streets and Highway Code (the "Report") and Article
XIIID of the California Constitution. The Report has been made, filed with the City
Clerk and duly considered by the City Council and is hereby deemed sufficient and
preliminarily 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 the City Council to levy and collect
assessments within such annexation for fiscal year 2014-15. The proposed
improvements (the "Improvements") are generally described as the installation,
maintenance and servicing of turf, ground cover, shrubs and trees, irrigation systems,
storm water quality facilities, and all necessary appurtenances, and labor, materials,
supplies, utilities and equipment, as applicable, for property owned or maintained by
the City of Moorpark located in or adjacent to the properties contained within the Tract
5425 (Shea Homes). 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, or other illuminating agent, for the
operation or lighting of any improvements, maintaining, operating and servicing street
and traffic safety lighting, and water for irrigation of any landscaping or the
maintenance of any other improvements.
SECTION 3. The District consists of all of the lots and parcels within the
boundary map of the District to be placed on file with the City Clerk, and reference is
hereby made to such map for further particulars.
Resolution No. 2013-3237
Page 2
SECTION 4. Reference is hereby made to the Report for a full and detailed
description of the Improvements, the boundaries of the District and the proposed
assessments upon assessable lots and parcels of land within the District. The
assessment is subject to an annual adjustment tied to the Consumer Price Index for
the Los Angeles Area as of December of each succeeding year (the CPI). In the
event that the actual assessment rate for any given year is not increased by an
amount equal to the CPI change, any such deferred assessment increase may be
added to the total amount assessed in any subsequent year. In such event, the
maximum authorized assessment amount shall be equal to the base year assessment
as adjusted by the increase to the CPI, plus any and all CPI adjustments deferred in
any and all prior years. Including the authorized annual adjustment, the maximum
fiscal year 2014-15 assessment rate per equivalent dwelling unit for property in the
Annexation Area is $157.78. The proposed fiscal year 2014-15 assessment rate per
equivalent dwelling unit for property in the Annexation Area is $109.77.
SECTION 5. The public hearing shall be held, before the City Council, in the
City Council Chambers of the City of Moorpark, located at 799 Moorpark Avenue,
Moorpark, California 93021 as follows: on November 20, 2013, at the hour of 7:00
p.m. for the purpose of determining whether the public interest, convenience and
necessity require the improvements and the City Council's final action upon the
Engineer's Report and the assessments therein.
SECTION 6. In order to expedite the proceedings, the property owners have
submitted a Petition and Waiver. In submitting these documents to the City, the
property owners (1) unanimously agrees to the assessments and acknowledges the
special benefits received by the property in the District (2) request that the property be
annexed into the District; and (2) waive all rights conferred by Proposition 218 with
respect to the approval of the new assessment by mailed ballot and the 45-day time
period for balloting.
SECTION 7. 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 6th day of November, 2013.
Jani a S. Parviri, Mayor
ATTEST:
Maureen Benson, City Clerk 1_� D1
Resolution No. 2013-3237
Page 3
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby
certify under penalty of perjury that the foregoing Resolution No. 2013-3237 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the 6th
day of November, 2013, and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 20th day of November,
2013.
Maureen Benson, City Clerk
(seal)
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