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HomeMy WebLinkAboutAGENDA REPORT 2006 0517 CC REG ITEM 10LITEM 10 . L. ��,- "',YPPARK, CALIFORNIA ,, tV Council Meeting C 7 MOORPARK CITY COUNCIL AGENDA REPORT TO: The Honorable City Council FROM: Mary K. Lindley, Parks, Recreation & Community Services Director DATE: May 1, 2006 (Meeting May 5, 2006) SUBJECT: Resolution Approving the Engineer's Report for the Landscaping and Lighting Maintenance Assessment Districts for Fiscal Year 2006/2007 and Providing Notice of Public Hearing on June 7, 2006 EXECUTIVE SUMMARY The City Council is being asked to adopt the attached resolution, approving the Assessment Engineer's Report (provided under separate cover), which contains the methodology and formula for apportioning the property assessment for the City's Landscape and Lighting Maintenance Assessment Districts. Additionally, the resolution identifies the date for the Public Hearing to consider the levy of said assessment for FY 2006/07. DISCUSSION In 1984, a Landscaping and Lighting Maintenance Assessment District (AD 84 -2), encompassing the entire City, was created to fund costs associated with street lighting and the maintenance of various landscaped areas in the City. This was a successor to the District enacted by the County of Ventura prior to the incorporation of the City. In subsequent years, Zones of Benefit were added to fund the maintenance of certain specific areas. Later, these Zones were changed to District 1 through District 12 (District 13 is now unassigned). In 2001, the City Council formed three new assessment districts to fund the maintenance of certain landscape improvements in and adjacent to: • Tract 5201, Wilshire Builders (AD01 -1, District 14) 000 • Tract 4928, Toll Brothers (ADO 1 -2, District 15) • Tract 5166, Cabrillo (AD01 -3, District 16) In 2004, the City Council formed a new assessment district, AD04 -1 (District 18) to fund the maintenance of certain landscape improvements in and adjacent to Tract 5307 (Colmer Development), located at the corner of Los Angeles Avenue and Flory Avenue. Lastly, in 2005, the Council approved the formation of AD05 -01 (District 19) for landscape improvement in and adjacent to PM 5264 (M &M Development). District 17 is currently unassigned. As part of the annual budget process, the City Council considers whether or not to renew the subject Assessment Districts and levy assessments for the upcoming fiscal year. In preparation for that consideration, it is necessary to prepare an Engineer's Report setting forth certain relevant information pertaining to such an action. On December 21, 2005, the City Council adopted Resolution No. 2005 -2428 directing the preparation of said Engineer's Report. Engineer's Report The FY 06/07 Engineer's Report for the subject Assessment District has been distributed to the City Council by separate memo. This report sets forth certain relevant information, including the following: • a Boundary Map(s); • the reason for the assessments; • the duration of the assessments; • the method of assessments; • the amount of the annual assessments; • information regarding cost of living adjustments; • information pertaining to reductions to the amounts levied in order to keep assessment fund reserve balances within certain prescribed limits; and • a description of improvements to be maintained. Improvements to be Maintained The improvements and maintenance funded by the Assessment Districts is generally described as follows: a. Street Lighting: Street lighting energy and maintenance costs (Citywide assessment). b. Landscape Maintenance: The maintenance of certain designated parkways and medians (Citywide assessment). c. Sub - Districts: 1 Pecan Avenue [T -2851] 2 Steeple Hill Area [T -2865] * ** 3 Buttercreek/Peppermill [T -3032] 4 Williams Ranch Rd [T -3274] 5 Pheasant Run Area [T -3019 & T -35251 * ** 6 Inglewood St. [T -3306] i} ✓,V. IL 7 Moorpark Business Park (L. A. Ave & Gabbert) 8 Home Acres Buffer 9 Moorpark Industrial Park (Condor Drive) 10 Mountain Meadows (PC -3) * ** 11 Alyssas Ct. [T -4174] 12 Carlsberg Specific Plan Area 13 Unassigned 14 Wilshire Builders [T -5201] (AD01 -1) 15 Toll Brothers [T -4928] (AD01 -2) 16 Cabrillo [T -5161] (AD01 -3) * ** 17 Unassigned 18 Colmer [T -5307] (AD04 -1) * ** 19 M &M [PM 5264] * ** Includes Landscape and Drainage Maintenance FY 2006/07 Assessment Amounts and Adjustment The method used to establish the assessment amounts is set forth in the Engineer's Report. This method (benefit spread formula, etc.) is unchanged from prior years. The assessment amounts proposed for FY05 /06 are set forth in Exhibit 1. Pursuant to language set forth in the formation .documents for Districts 12, 14, 15, 16, 18, and 19 the annual assessments for these Districts may be increased annually to cover cost -of- living increases. The assessment amounts set forth in Exhibit 1 include these COLA Adjustments. Those adjusted assessment amounts are summarized as follows: Improvement Reserve Ceilinq The Engineer's Report provides for a Capital Reserve Account for each District. Consistent with past City Council action, the Engineer's Report stipulates that Capital Reserve Account for any Zone /District should not exceed an amount equal to three (3) times the annual operating budget for that Zone /District. Should the projected Year -End Fund Balance for any Zone /District exceed that "ceiling ", the amount of the assessment shall remain unchanged; but the amount of the assessment to be levied upon the affected properties shall be reduced to a lesser amount determined by the Assessment Engineer to be consistent with these guidelines. 0 0 V #Z0Z1 2 FY 05/06 C.O.L.A. FY 06/07 Per Unit (Ac.) Adjustment Per Unit (Ac.) Total Assessment Amount Assmnt. FY 06/07 Zone /District Amount [4.042 %] Amount Assessment 12 - Residential $450.64 $18.22 $468.86 $263,968.18 12 - Commercial $163.14 $6.59 $169.73 $12,485.34 12 - Institutional $1,468.90 $59.37 $1,528.27 $5,868.56 $282,322.08 14 $132.74 $5.36 $138.10 $1,381.00 15 $1,600.70 $64.71 $1,665.41 $539,592.84 16 $386.70 $15.64 $402.34 $23,738.06 18 $814.06 $32.91 $846.97 $21,174.25 19 $2,032.71 12,745.09 Improvement Reserve Ceilinq The Engineer's Report provides for a Capital Reserve Account for each District. Consistent with past City Council action, the Engineer's Report stipulates that Capital Reserve Account for any Zone /District should not exceed an amount equal to three (3) times the annual operating budget for that Zone /District. Should the projected Year -End Fund Balance for any Zone /District exceed that "ceiling ", the amount of the assessment shall remain unchanged; but the amount of the assessment to be levied upon the affected properties shall be reduced to a lesser amount determined by the Assessment Engineer to be consistent with these guidelines. 0 0 V #Z0Z1 2 Decreased Levy Amounts Pursuant to the above policy, the amounts to be levied upon the parcels in certain Zones /Districts shall be less than the assessment amount set forth in Exhibit 1. A summary of those adjustments is as follows: Assessment Amounts Unchanged Except as noted above, under the title "FY 2006/07 Assessment Amounts and Adjustment" and "Decreased Levy Amounts ", the per lot (per acre) assessment amounts set forth in the Engineer's Report are the same as those set last year. Any action to otherwise increase these assessments may not be taken without first seeking approval of such an increase via a mail ballot prepared and processed in accordance with the requirements of Proposition 218. Fund Activity Attached as Exhibit 2 are charts showing fund activity for all Zones /Districts for FY03 /04 through FY06 /07. Page 4 of that exhibit shows certain details with respect to the Reserve Fund Ceilings and the Assessment vs. Levy amounts for FY06 /07. FY 06/07 Fund Deficits As reflected on Page 2 of Exhibit 2, it is anticipated that the FY 05/06 Year -End Fund Balance for certain Zones /Districts will again show a deficit. A summary of those anticipated deficits is as follows: Fund FY 06/07 Revenue" Expenses FY05 /06 Ending Bal. 2300- Landscape ($79,497) Est. Ending Three Times ($113,015) 2305 - Dist. 5 ($8,899) $32,294 Balance Estimated Total Total $16,215 $15,476 with FULL Annual Assessment Levy $1,657 District Assessment Expenses Amount Amount Remarks 10 $37,296 $14,574 $7,252.00 $725.00 10% of Assessment 15 $2,150,460 $15,000 $539,593.00 $53,959.00 10% of Assessment 16 $75,057 $23,940 $15,445.00 $1,545.00 10% of Assessment 16 $44,099 $15,000 $8,292.00 $829.00 10% of Assessment 18 $45,911 $24,300 $15,760.00 $1,576.00 10% of Assessment Assessment Amounts Unchanged Except as noted above, under the title "FY 2006/07 Assessment Amounts and Adjustment" and "Decreased Levy Amounts ", the per lot (per acre) assessment amounts set forth in the Engineer's Report are the same as those set last year. Any action to otherwise increase these assessments may not be taken without first seeking approval of such an increase via a mail ballot prepared and processed in accordance with the requirements of Proposition 218. Fund Activity Attached as Exhibit 2 are charts showing fund activity for all Zones /Districts for FY03 /04 through FY06 /07. Page 4 of that exhibit shows certain details with respect to the Reserve Fund Ceilings and the Assessment vs. Levy amounts for FY06 /07. FY 06/07 Fund Deficits As reflected on Page 2 of Exhibit 2, it is anticipated that the FY 05/06 Year -End Fund Balance for certain Zones /Districts will again show a deficit. A summary of those anticipated deficits is as follows: Fund r r vow° Begin Bal. Revenue" Expenses FY05 /06 Ending Bal. 2300- Landscape ($79,497) ($253,035) $286,553 ($113,015) 2305 - Dist. 5 ($8,899) $32,294 $38,711 ($15,316) 2307 - Dist. 7 ($4,897) $16,215 $15,476 ($4,158) 2309 - Dist. 9 ($18) $1,418 $1,657 $257 + Total ($93,311) ($203,108) $342,397 ($132,746) V. iI It, Uucs iiwiuu5 transrerrea info tnese runds in November of 2004 to offset Beginning Year deficit. Consistent with prior year practices, it is the intent of staff to present a report to the ► Aa City Council in November of 2006, recommending approval of certain fund transfers to "zero -out" the projected FY 05/06 deficits noted above. That action will be deferred to November so that it will be based upon actual year -end fund balances. Using the above estimates, that action would be as follows: FY 06/07 Fund Deficits As reflected on Page 3 of Exhibit 2, it is anticipated that the FY 06/07 Year -End Fund Balance for certain Zones /Districts will once more show a deficit. A summary of those anticipated deficits is as follows: Fund From From Expenses Transfer to: Gas Tax General Fund Total Fund Fund 2605 Fund 1000 Transfer Amt. 2300 - Landscape $56,507.50 $56,507.50 $113,015.00 2305 - Dist. 5 $7,658.00 $7,658.00 $15,316.00 2307 - Dist. 7 $2,079.00 $2,079.00 $4,158.00 2309 - Dist. 9 $128.50 $128.50 $257.00 $2,020 Total $66,373.00 $66,373.00 $132,746.00 FY 06/07 Fund Deficits As reflected on Page 3 of Exhibit 2, it is anticipated that the FY 06/07 Year -End Fund Balance for certain Zones /Districts will once more show a deficit. A summary of those anticipated deficits is as follows: Fund FY06 /07 Begin Bal. Revenue ... Expenses FY06 /07 Ending Bal. 2300 - Landscaping ($113,015) $285,892 $343,662 ($170,785) 2300 - Lighting $6,909 $231,486 $256,862 ($18,473) 2305 - Dist. 5 [US Only] ($15,316) $38,656 $38,852 ($15,512) 2307 - Dist. 7 ($4,158) $15,456 $17,551 ($6,253) 2309 - Dist. 9 ($257) $1,620 $2,020 ($657) 2310 - Dist. 10 (US only) $7,938 $195,892 $236,716 ($32,886) yy Total ($117,899) $769,002 $895,663 $244,566) Note: Includes monies to be transferred into these Funds in November of 2005 to offset Beginning Year deficit. Based on the above estimates, a deficit correcting fund transfer in November 2006 would be as follows: Resolution Attached as Exhibit 3 is a Resolution approving the subject Engineer's Report and setting June 7, 2006, as the date of a public hearing to consider the levy of the assessments for the Landscaping and Lighting Assessment Districts for Fiscal Year 2006/07. This resolution will also serve as the public hearing notice for the June 7th public hearing. ( sr� : "4 4 From From Transfer to: Gas Tax General Fund Total Fund Fund 2605 Fund 1000 Transfer Amt. 2300 - Lighting $18,473.00 $0.00 $18,473.00 2300 - Landscaping $170,785.00 $0.00 $170,785.00 2305 - Dist. 5 (US Only) $7,756.00 $7,756.00 $15,512.00 2307 - Dist. 7 $3,126.50 $3,126.50 $6,253.00 2309 - Dist. 9 $328.50 $328.50 $657.00 2310 - Dist. 10 $16,443.00 $16,443.00 $32,886.00 Total $216,912.00 $27,654.00 $244,566.00 Resolution Attached as Exhibit 3 is a Resolution approving the subject Engineer's Report and setting June 7, 2006, as the date of a public hearing to consider the levy of the assessments for the Landscaping and Lighting Assessment Districts for Fiscal Year 2006/07. This resolution will also serve as the public hearing notice for the June 7th public hearing. ( sr� : "4 4 STAFF RECOMMENDATIONS Adopt Resolution No. 2006- Attachments: Exhibit 1: Summary of Assessment Amounts Exhibit 2: Fund Activity Exhibit 3: Resolution �fIdh"`5 t.:'0 , -6: Exhibit 1: Summary of Assessment Amounts 0 0C,1/'A�4 Total Per Lot Assessment Assessment Landscape Maintenance L/S & Drainage Maint. Description Amount ($) Number Amount ($) Number Amount ($) Citywide Streeet Lighting 231,480.00 20.84 Landscaping 172,877.00 17.24 Sub -Total 404,357.00 38.08 1. Tract 2851 9,702.00 75 129.36 2. Tract 2865 Landscaping 66,848.04 574 116.46 LS / Drainage 6,990.72 48 145.64 73,838.76 3. Tract 3032 3,079.30 265 11.62 4. Tract 3274 6,382.92 129 49.48 5. T 3019/3525 Landscaping 15,273.52 142 107.56 LS / Drainage 8,566.50 75 114.22 23,840.02 6. Tract 3306 924.00 22 42.00 7. NE L. A. Ave / Gabbert Rd 11,297.78 91.74 ac 123.15 ac 8. Buffer: City 7,669.20 498 15.40 Buffer: Home Acres 7,573.68 201 37.68 9. Condor Drive 1,356.14 49.44 ac 27.43 ac 10. PC -3: L/S - Comm. Prop. 7,216.06 11.23 ac 642.57 ac L/S - Residential 135,858.50 1,775 76.54 LS / Drainage - Res. 58,457.22 669 87.38 201,531.78 11. Tract 4174 3,040.02 9 337.78 12. Carlsberg - Residential 251,212.48 536 468.68 Com. / Ind. 12,485.34 73.56 ac 169.73 Institutional 5,868.56 3.84 ac 1,528.27 269,566.38 13. Unassigned 14. Tract 5201 (Wilshire) 1,381.00 10 138.10 15. Tract 4928 (Toll): Res. 359,728.56 216 1,665.41 Golf Course [33 %] 179,801.28 108 1,600.70 539,529.84 16. T 5161 23,738.06 59 40.23 17. Unassigned 18. T 5307 21,174.25 25 846.97 19. T 5264 (M &M) 48,142.25 2,032.71 Backup 7,678.19 Total 1,609,982.13 0 0C,1/'A�4 Landscape /Lighting Assessment Districts Fund Activity: FY06 /07 ESTIMATE as of 5/03/06 Beginning Fund Description Balance 2300 Lighting 6,909 2316 Improvements 0 231,480 Landscaping (113,015) 2300 Totals (106,106) 2301 Dist 1: T -2851 17,506 2302 Dist 2: L/S [T2865] 132,722 9,702 Dist 2: Drains 8,450 2302 Totals 141,171 2303 Dist 3: T -3032 2,539 2304 Dist 4: T -3274 4,596 2305 Dist 5: L/S [T3019 & 3525] (15,316) 2322 Dist 5: Drains 1,841 2305 Dist 23: Suncal 1 (13,475) 2306 Dist 6: T -3306 1,031 2307 Dist 7: NE LA & Gabbert (4,158) 2308 Dist 8: Buffer 14,721 2309 Dist 9: Condor (257) 2310 Dist 10: PC -3: L/S 7,938 924 Dist 10: Drains 30,044 2310 11,298 > 37,981 2311 Dist 11: T 4174 6,098 2312 Dist 12: Carlsberg 373,889 2313 Unassigned 7 3102 Sub -Total AD 84 -2 475,536 2314 Dist 14: T -5201 [Wilshire] 2,682 2315 Dist 15: T4928 [Toll] 1,610,857 2316 D -16: T -5161 [Cabrillo] L/S 59,612 231,480 Dist 16: Drains 35,807 2316 Totals 95,419 2317 Unassigned 404,357 2318 D -18: T -5307 [Flory] L/S 30,151 9,702 Dist 18: Drains 9,669 2318 Totals 39,820 2319 Dist 19: M &M 15,578 2320 Dist 20: Lyon Track #5187 4,718 2321 Dist 21: Shea 1- forming 7/01 4,760 2322 Dist 22: Pardee Track #504` 4,759 2323 Dist 23: Suncal 1 4,618 Total I 272 Bold = Totals r� a� Rev. Levy Transfers In 3102 Code Amount Rev #3720 Interest 3100 231,480 829 < 230 3102 172,877 > 113,015 3102 0 404,357 113,015 0 3102 9,702 0 921 3102 72,439 (170,785) 5,760 3103 1,400 10,623 7901 7,781 73,839 0 5,760 3102 3,079 77,405 230 3102 6,383 1,400 230 3102 23,340 > 15,316 0 3103 500 0 3,309 7901 23,840 15,316 0 3102 924 7901 30 3102 11,298 > 4,158 38,656 3102 15,243 (15,512) 691 3102 1,356 > 257 7 3102 194,280 0 1,612 3103 725 < 954 7901 1,550 195,005 0 1,612 3102 3,040 < 17,551 230 3102 269,663 < 15,934 18,432 1,017,729 132,746 28,143 3102 1,381 < 70 3102 53,959 < 67,276 3102 1,545 < 2,995 3103 829 < 230 3102 2,374 0 2,995 3102 1,576 < 1,152 3103 5,414 0 Revenue 6,990 0 1,152 3102 12,745 230 3102 0 230 3102 0 230 3102 0 230 3102 0 230 Page 2 [File: adfunds] 5/3/2006 Total Exp. Total Available Less Ending Revenue Code 8901 $s. 256,862 Less Expenses Reserve Balance 231,480 (18,473) 0 (18,473) 0 0 0 0 285,892 7901 & 790: 343,662 600,524 (170,785) 0 (170,785) 517,372 (189,258) 0 (189,258) 10,623 7901 7,781 20,348 (20,348) 0 78,199 7901 77,405 133,516 (133,516) 0 1,400 8902 405 77,810 9,445 (9,445) 0 79,599 142,960 (142,960) 0 3,309 7901 3,300 2,548 (2,548) 0 6,613 7901 8,511 2,698 (2,698) 0 38,656 7901 38,852 (15,512) 0 (15,512) 500 8902 405 39,257 1,936 (1,936) 0 39,156 (13,576) (1,936) (15,512) 954 7901 1,550 435 (435) 0 15,456 7901 17,551 (6,253) 0 (6,253) 15,934 7901 23,401 7,254 (7,254) 0 1,620 7901 2,020 (657) 0 (657) 195,892 7901 236,716 (32,886) 0 (32,886) 725 8902 4,858 241,574 25,911 (25,911) 0 196,617 (6,976) (25,911) (32,886) 3,270 7901 1,400 7,968 (7,968) 0 288,095 7901 146,150 515,834 (515,834) 0 1,170,829 1,178,618 483,325 (727,892) (244,567) 1,451 7901 960 3,173 (3,173) 0 121,235 7901 5,000 1,727,092 (1,727,092) 0 4,540 7901 7,980 56,172 (56,172) 0 829 8902 5,000 12,980 31,636 (31,636) 0 5,369 87,808 (87,808) 0 2,728 7901 8,100 24,779 (24,779) 0 5,414 8902 5.000 13,100 10,083 (10,083) 0 8,142 34,862 (34,862) 0 12,975 7901 5,000 23,553 (23,553) 0 230 7901 0 4,948 (4,948) 0 230 7901 0 4,990 (4,990) 0 230 7901 0 4,989 (4,989) 0 230 7901 0 4,848 (4,848) 0 i 1,095,17 132,746 100,786 ,3 28710 > Est. Transfer November 2006 < Levy Amount Less Than Assessment. 2,379,5 (2,62 55) (2� Est Transfer Nov 2007 Landscape /Lighting Assessment Districts Fund Activity: FY06 /07 Assessment / Levy Calculations A Fund 2300 2301 2302 2303 2304 2305 2306 2307 2308 2309 2310 2311 2312 2313 2314 2315 2316 2317 2318 2319 2320 2321 2322 2323 Beginning Description Balance Lighting 6,909 Improvements 0 Landscaping (113,015) (106,106) Dist 1: T -2851 17,506 Dist 2: L/S [T2865] 132,722 Dist 2: Drains 8,450 141,171 Dist 3: T -3032 2,539 Dist 4: T -3274 4,596 Dist 5: L/S [T3019 & 35251 (15,316) Dist 5: Drains 1,841 (13,475) Dist 6: T -3306 1,031 Dist 7: NE LA & Gabbert (4,158) Dist 8: Buffer 14,721 Dist 9: Condor (257) Dist 10: PC -3: L/S 7,938 Dist 10: Drains 30,044 37,981 Dist 11: T 4174 6,098 Dist 12: Carlsberg 373,889 Unassigned Sub -Total AD 84 -2 475,536 Dist 14: T -5201 [Wilshire] 2,682 Dist 15: T4928 [Toll] 1,610,857 D -16: T -5161 [Cabrillo] L/S 59,612 Dist 16: Drains 35,807 95,419 Unassigned D -18: T -5307 [Flory] L/S 30,151 Dist 18: Drains 9,669 39,820 Dist 19: M &M 15,578 Dist 20: Lyon Track #5187 4,718 Dist 21: Shea 1- forming 7/0 4,760 Dist 22: Pardee Track #504; 4,759 Dist 23: SunCal [ 4,618 B C Amount of Fund CAP [Est 3 Yr Costs] 7,781 23,343 77,405 232,215 405 10,000 # 77,810 242,215 3,300 9,900 8,511 25,533 38,852 116,556 405 10,000 # 39,257 126,556 1,550 4,650 17,551 52,653 23,401 70,203 2,020 6,060 236,716 710,148 4,858 14,574 241,574 724,722 1,400 14,200 # 146,150 584,600 # D E F Levy Amount 231,480 231,480 172,877 172,877 404,357 404,357 9,702 9,702 72,439 72,439 1,400 1,400 73,839 73,839 3,079 3,079 6,383 6,383 23,340 23,340 500 500 23,840 23,840 924 924 11,298 11,298 15,243 15,243 1,356 1,356 194,280 194,280 7,252 725 201,532 195,005 3,040 3,040 269,663 269,663 570,305 1,884,635 1 1,024,257 1,017,729 Remarks Levy= 10% of Assessment 960 3,840 # 1,381 1,381 5,000 15,000 539,593 53,959 Levy = 10% of Assessment 7,980 23,940 15,445 1,545 Levy= 10% of Assessment 5,000 15,000 8,292 829 Levy = 10% of Assessment 12,980 38,940 23,738 2,374 8,100 24,300 5,000 15,000 13,100 39,300 5,000 15,000 0 10,000 # 0 10,000 # 0 10,000 # 0 10,000 # 25 7 I , 607,3t, 45 15,760 1,576 5,414 5,414 21,174 6,990 12,745 12,745 0 0 0 0 0 0 0 0 # CAP set by administrative action (Higher than 300% of Annual Cost History) Levy= 10% of Assessment Page 5 of 5 [File: adfunds] 5/3/2006 Exhibit 3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA OF INTENTION TO LEVY ASSESSMENTS FOR FISCAL YEAR 2006 -07, PRELIMINARILY APPROVING ENGINEER'S REPORT, AND PROVIDING FOR NOTICE OF HEARING FOR THE CITY OF MOORPARK LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS WHEREAS, by Resolution No. 2005 -2428, the City Council ordered the preparation of an Engineer's Report for the City's Landscaping and Lighting Maintenance Assessment Districts (the "Assessment Districts ") for fiscal year 2006 -07; and WHEREAS, pursuant to said Resolution, the Engineer's Report was prepared by SCI Consulting Group, formerly known as Shilts Consultants, Inc., Engineer of Work, in accordance with 22565, et. seq., of the Streets and Highways Code (the "Report") and Article XIIID of the California Constitution; and WHEREAS, said Engineer's Report was filed with the City Clerk and the City Council has reviewed the Report and wishes to take certain actions relative to said Report and the levy of assessments recommended therein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES RESOLVE AS FOLLOWS: SECTION 1. The Report for "Moorpark Landscaping and Lighting Maintenance Assessment Districts ", for the fiscal year commencing on July 1, 2006 and ending on June 30, 2007, on file with the City Clerk, has been duly considered by the Moorpark City Council and is hereby deemed sufficient and 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 this Council to levy and collect assessments within the Assessment Districts for fiscal year 2006 -07. Within the Assessment Districts, the existing and proposed improvements, and any substantial changes proposed to be made to the existing improvements, are generally described as the installation, maintenance and servicing of public facilities, including but not limited to, street lights, public lighting facilities, landscaping, sprinkler systems, statuary, fountains, other ornamental structures and facilities, landscape corridors, ground cover, shrubs and trees, street frontages, drainage systems, fencing, entry monuments, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable, for property owned, operated or maintained by the City of Moorpark. Installation means the construction of lighting and landscaping improvements, including, but not limited to, land Page 1 of 3 0 0 V "060 9 preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks and drainage and lights. 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 for the operation or lighting of any improvements, and water for irrigation of any landscaping or the maintenance of any other improvements. SECTION 3. The Assessment Districts consists of the lots and parcels shown on the boundary map of the Assessment Districts 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 Engineer's Report for a full and detailed description of the improvements, the boundaries of the Assessment Districts, and the proposed assessments upon assessable lots and parcels of land within the Assessment Districts. The Engineer's Report identifies all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. SECTION 5. The fiscal year 2006 -07 levy rates are not proposed to increase, with the exception of Zone 12, District 14, District 15, District 16, District 18 and District 19. The authorized maximum assessment rate for these Districts includes an annual adjustment by an amount equal to the annual change in the Los Angeles Area Consumer Price Index. As the amount of the annual increase in the Los Angeles Area Consumer Price Index from December 2004 to December 2005 is 4.042 %, the authorized maximum levy rate for fiscal year 2006 -07 is 4.042% above the maximum levy rate for fiscal year 2006 -07. Including the authorized annual adjustment, the maximum authorized assessment rates for fiscal year 2006 -07 are as follows: Zone 12 $468.68 per single family benefit unit $169.73 per acre of commercial or industrial property $1,528.27 per acre of institutional property District 14 $138.10 per single family benefit unit District 15 $1,665.41 per single family benefit unit District 16 $402.34 per single family benefit unit District 18 $846.97 per single family benefit unit District 19 $7,678.19 per acre of commercial or industrial property SECTION 6. Notice is hereby given that on June 7, 2006, at the hour of 7:00 o'clock p.m. in the Council Chambers, located at 799 Moorpark Avenue, Moorpark, California 93021, the Council will hold a public hearing to consider the ordering of the improvements and the levy of the proposed assessments. Page 2 of 3 ()0C� A1,101 5•© SECTION 7. Prior to the conclusion of the hearing, any interested person may file a written protest with the City Clerk, or, having previously filed a protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection. A protest by a property owner shall contain a description sufficient to identify the property owned by such owner. Such protest or withdrawal of protest should be mailed to the City Clerk, City of Moorpark, 799 Moorpark Avenue, Moorpark, California 93021. SECTION 8. The City Clerk shall cause a notice of the hearing to be given by publishing a copy of this resolution once, at least ten (10) days prior to the date of the hearing above specified, in a newspaper circulated in the City of Moorpark. SECTION 9. 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 17th day of May 2006. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Page 3 of 3 00-,