HomeMy WebLinkAboutRES CC 2015 3438 2015 0916 RESOLUTION NO. 2015-3438
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, OF INTENTION TO ORDER
THE ANNEXATION OF TRACT 5463 (TOLL LAND XX LP)
INTO THE CITY OF MOORPARK LANDSCAPING AND
LIGHTING ASSESSMENT DISTRICT AD 01-02, TO LEVY
AND COLLECT ASSESSMENTS WITHIN SUCH
ANNEXATION FOR FISCAL YEAR 2016-17,
PRELIMINARILY APPROVING ENGINEER'S REPORT,
AND PROVIDING FOR NOTICE OF HEARING
WHEREAS, the City of Moorpark provides for the maintenance and improvement
of parks, setback landscaping, drainage systems and street lighting services through
the City's Landscape and Lighting Assessment Districts.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. On September 16, 2015, the Moorpark City Council adopted a
Resolution initiating proceedings to annex Tract 5463 (Toll Land XX LP) (the
"Annexation Area") into the City of Moorpark Landscaping and Lighting Maintenance
Assessment District AD 01-02 (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 (the "Report") in accordance with Section 22565, et.
seq., of the Streets and Highway Code 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 Area for fiscal year 2016-17. The proposed
improvements (the "Improvements") are generally described as the installation,
maintenance and servicing of landscaping, trails, 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 5463. 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.
Resolution No. 2015-3438
Page 2
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.
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 2016-17
assessment rate per equivalent dwelling unit for property in the Annexation Area is
$17,000.96. The proposed fiscal year 2016-17 assessment rate per equivalent dwelling
unit for property in the Annexation Area is $3,415.14.
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 October 7, 2015, 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.
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Ad , X teri/Y D'Gt,4vu77v"\--'
-0,17.11r5- . Parvin, Mayor
ATTEST:
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Maureen Benson, City Clerk .��40��m"'
Resolution No. 2015-3438
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. 2015-3438 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the
16th day of September, 2015, 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 18th day of September,
2015.
Maureen Benson, City Clerk
(seal)
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