HomeMy WebLinkAboutAGENDA REPORT 2006 0607 CC REG ITEM 08DITEM $' D-
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MOORPARK CITY COUNCIL
AGENDA REPORT
TO: The Honorable City Council
FROM: Mary K. Lindley, Parks, Recreation & Community Services Director 1U'
DATE: May 24, 2006 (Meeting June 7, 2006)
SUBJECT: Consider Final Review of the Engineer's Report for the Landscaping
and Lighting Maintenance Assessment Districts for Fiscal Year
2006/2007 and Resolution Confirming the Levy Amount
EXECUTIVE SUMMARY
The City Council is being asked to open the public hearing on the continuation of the
Landscape and Lighting Maintenance Assessment Districts for FY 2006/07, receive
testimony, close the Public Hearing, approve the final Engineer's Report (Report), and
adopt a resolution confirming the assessment levy.
BACKGROUND
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)
• Tract 4928, Toll Brothers (ADO 1 -2, District 15)
• Tract 5166, Cabrillo (AD01 -3, District 16)
F: \Community Services\ADMINISTRATIVE \CC Reports\2006 \6 -7 -2006 (Final AD Engineer Rpt).doc 0 v 0 019
Honorable City Council
June 7, 2006
Page 2
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. On May 17, 2006, the Council approved the
Engineer's Report and set June 7, 2006, as the date for a Public Hearing.
DISCUSSION
Engineer's Report
The City Council is being asked to receive public testimony on the continuation of the
assessment. By approving the Report on May 17, the Council established the
assessment amount and set the assessment levy. The Report was provided to the
Council prior to its May 17 meeting and 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 are 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:
61000 0
Honorable City Council
June 7, 2006
Page 3
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 -3525] * **
6 Inglewood St. [T -3306]
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:
Coe -021
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
Coe -021
Honorable City Council
June 7, 2006
Page 4
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.
Decreased Lew 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 05/06 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
0 0L022
FY 06/07
Est. Ending
Three Times
Balance
Estimated
Total
Total
with FULL
Annual
Assessment
Levy
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 05/06 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
0 0L022
Honorable City Council
June 7, 2006
Page 5
anticipated deficits is as follows:
Note: Includes monies transferred into these Funds in November of 2005 to offset Beginning
Year deficit.
Consistent with prior year practices, it is the intent of staff to present a report to the 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:
FY05 /06
From
FY 06/07
Ending
Bal.
FY05 /06
Fund
Begin Bal.
Revenue"
Expenses
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
$9,865.50
Total $93,311)
($203,108)
$342,397
($132,746)
Note: Includes monies transferred into these Funds in November of 2005 to offset Beginning
Year deficit.
Consistent with prior year practices, it is the intent of staff to present a report to the 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:
** Note: This amount will be transferred in November 2006 to eliminate the deficit.
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
FY 06/07
Ending
Bal.
Transfer to:
Gas Tax
General Fund
Total
Fund
Fund 2605
Fund 1000
Transfer Amt.
2300 - Landscaping
$113,015.00
$0.00
$113,015.00
2305 - Dist. 5 (L /S Only)
$7,658.00
$7,658.00
$15,512.00
2307 - Dist. 7
$2,079.00
$2,079.00
$4,158.00
2309 - Dist. 9
$128.50
$128.50
$257.00
Total
$122,880.50
$9,865.50
$132,746.00
** Note: This amount will be transferred in November 2006 to eliminate the deficit.
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
Revenue * **
Expenses
FY 06/07
Ending
Bal.
2300 - Landscaping
$285,892
$343,662
($57,770)
2300 - Lighting
$231,486
$256,862
($25,376)
2305 - Dist. 5 (L /S)
$38,656
$38,852
($196)
2307 - Dist. 7
$15,456
$17,551
($2,095)
2309 - Dist. 9
$1,620
$2,020
($400)
2310 - Dist 10 (L /S
$195,892
$236,716
$40,824
Total
$769,002
$895,663
$126,661
6) 0 f-111 1213
Honorable City Council
June 7, 2006
Page 6
STAFF RECOMMENDATIONS (Roll Call Vote)
1) Open the Pubic Hearing, take public testimony, and close the Public Hearing.
2) Adopt Resolution No. 2006-
Attachments:
Exhibit 1: Summary of Assessment Amounts
Exhibit 2: Fund Activity
Exhibit 3: Resolution
000O24
Honorable City Council
June 7, 2006
Exhibit 1:
Summary of Assessment Amounts
it "C)OZ5
Total
Per Lot Assessment
Assessment
Landscape Maintenance
L/S & Drainage Maint.
Description
Amount ($)
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
1,658,124.38
it "C)OZ5
Landscape / Lighting
Assessment Districts
Fund Activity: FY06 107
ESTIMATE as of 5/03/06
Sub -Total AD 84 -2
2314
Dist 14: T -5201 [Wilshire]
Beg]nnmg.
Fund
Description
681at1C8
2300
Lighting
6,909
Totals
Improvements
0
2318
Landscaping
(113,015)
2300
2318
(106,106)
2301
Dist 1: T -2851
17,506
2302
Dist 2: LiS [T2865]
132,722
2322
Dist 2: Drains
8,450
2302
3103
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)
230
Dist 5. Drains
1,841
2305
230
(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
3102
Dist 10: Drains
30,044
2310
3102
37,981
2311
Dist 11: T 4174
6,098
2312
Dist 12: Carlsberg
373,889
2313
Unassigned
405
39,257
Sub -Total AD 84 -2
2314
Dist 14: T -5201 [Wilshire]
2315
Dist 15: T4928 [Tall]
2316
D -16: T -5161 [Cabrillo] L/S
Rev #3720
Dist 16: Drains
2316
Totals
2317
Unassigned
2318
D -18: T -5307 [Flory] US
113,015
Dist 18: Drains
2318
Totals
2319
Dist 19: M &M
2320
Dist 20: Lyon Track #5187
2321
Dist 21: Shea 1- forming 7/
2322
Dist 22: Pardee Track #504
2323
Dist 23: Suncal
Total
,I] Bold =Totals
Rev.
Levy
Transfers In
70
Code
Amount
Rev #3720
Interest
3100
231,480
3103 5
5,414 0
3102
172,877 >
113,015
3102 1
12,745 2
404,357
113,015
0
3102
9,702
0
921
3102
72,439
343,662
600,524
5,760
3103
1,400
517,372
(189,258) 0
(189,258)
73,839
0
5,760
3102
3,079
0
230
3102
6,383
133,516
230
3102
23,340 >
15,316
405
77,810
3103
500
0
79,599
142,960 (142,960)
23,840
15,316
0
3102
924
(2,548)
30
3102
11,298 >
4,158
2,698
3102
15,243
38,656
691
3102
1,356 >
257
7
3102
194,280
405
39,257
1,612
3103
725 <
39,156
(13,576) (1,936)
(15,512)
195,005
0
1,612
3102
3,040 <
0
230
3102
269,663 <
(6,253)
18,432
475,536 I 1,017,729 132,746 28,143
2,682 3
3102 1
1,381 < 7
70
95,419 2
30,151 3
3102 1
1,576 < 1
1,152
9,669 3
3103 5
5,414 0
0
39,820 6
15,578 3
3102 1
12,745 2
230
4,718 3
3102 0
0 2
230
0
0
285.892
7901 & 790:
343,662
600,524
(170,785)
0
(170,785)
517,372
(189,258) 0
(189,258)
10,623
Page 2
[File: adfunds]
5/3/2006
Total
Exp.
Total Available
Less
Ending
Revenue
Code
'FSg4r
Less Expenses
Reserve
Balance
231,480
8901
256,862
(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
1,170,829
515,834
(515,834)
0
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
1,093, 78 13 00786 1 1,3®
> Est. Transfer Novemb Ir 2006
< Levy Amount Less Than Assessment Amount
2,379,588 (2,624,155) I (244,567)
Est Transfer
Nov 2007
Landscape / Lighting
Assessment Districts
Fund Activity: FY06;07
Assessment - Levy Calculations
Fund Description
2300 Lighting
Improvements
Landscaping
2301
Dist 1: T -2851
2302
Dist 2: L/S [T2865]
" a
Dist 2: Drains
2303
Dist 3: T -3032
2304
Dist 4: T -3274
2305
Dist 5: L/S [T3019 & 352
6,909
Dist 5: Drains
2306
Dist 6: T -3306
2307
Dist 7: NE LA & Gabbert
2308
Dist 8: Buffer
2309
Dist 9: Condor
2310
Dist 10: PC -3: L/S
77,405
Dist 10: Drains
2311
Dist 11: T 4174
2312
Dist 12: Carlsberg
2313
Unassigned
9,900
Sub -Total AD 84 -2
A
B
C
404,357
" a
Amount of
Beglnniflg
*" 1
'
Fund CAP
'Balance
73,839
[Est 3 Yr Costs]
6,909
0
6,383
6,383
(113,015)
23,340
500
(106,106)
17,506
7,781
23,343
132,722
77,405
232,215
8,450
405
77,810
10,000 #
242,215
141,171
2,539
3,300
9,900
4,596
8,511
25,533
(15,316)
38,852
116,556
1,841
405
39,257
10,000 #
126,556
(13,475)
1,031
1,550
4,650
(4,158)
17,551
52,653
14,721
23,401
70,203
(257)
2,020
6,060
7,938
236,716
710,148
30,044
4,858
241,574
14,574
724,722
37,981
6,098
1,400
14,200 #
373,889
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
475,536 I 570,305 1,884,635 I 1,024,257 1,017,729
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
38,940
Dist 16: Drains
35,807
0
10,000 #
95,419
2317
Unassigned
2318
D -18: T -5307 [Flory] L/S
30,151
Dist 18: Drains
9,669
39,820
2319
Dist 19: M &M
15,578
2320
Dist 20: Lyon Track #5187
4,718
2321
Dist 21: Shea 1- forming 7/0
4,760
2322
Dist 22: Pardee Track #504!
4,759
2323
Dist 23: SunCal 1
4,618
960
3,840 #
5,000
15,000
7,980
23,940
5,000
15,000
12,980
38,940
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 #
1,381
1,381
539,593
53,959
15,445
1,545
8,292
829
23,738
2,374
15,760
1,576
5,414
5,414
21,174
6,990
12,745
12,745
0
0
0
0
0
0
0
0
7095,17r
607,345 # CAP set by administrative action
(Higher than 300% of Annual Cost History)
Remarks
Levy = 10% of Assessment
Levy= 10% of Assessment
Levy= 10% of Assessment
Levy = 10% of Assessment
Levy = 10% of Assessment
Page 5 of 5
[File: adfunds]
5/3/2006
EXHIBIT 3
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING ENGINEER'S
REPORT, CONFIRMING DIAGRAM AND ASSESSMENT
AND ORDERING LEVY OF ASSESSMENT FOR FISCAL
YEAR 2006/07 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 ( "Report") was
prepared by SCI Consulting Group, formerly known as Shilts Consultants, Inc., Engineer
of Work, in accordance with Section 22565, et. seq., of the Streets and Highways Code
and Article XIIID of the California Constitution; and
WHEREAS, by Resolution No. 2006 -2467 the City Council preliminarily approved
the Engineer's Report for said Districts and set a date for a Public Hearing; and
WHEREAS, said report was duly made and filed with the City Clerk and duly
considered by this Council and found to be sufficient in every particular, whereupon it
was determined that the report should stand as the Engineer's Report for all subsequent
proceedings under and pursuant to the aforesaid resolution, and that June 7, 2006, at
the hour of 6:30 p.m. in the Council Chambers, located at 799 Moorpark Avenue,
Moorpark, California 93021, were appointed as the time and place for a hearing by this
Council on the question of the levy of the proposed assessment, notice of which hearing
was given as required by law; and
WHEREAS, at the appointed time and place the hearing was duly and regularly
held, and all persons interested and desiring to be heard were given an opportunity to be
heard, and all matters and things pertaining to the levy were fully heard and considered
by the Council, and all oral statements and all written protests or communications were
duly heard, considered and overruled, and this council thereby acquired jurisdiction to
order the levy and the confirmation of the diagram and assessment prepared by and
made a part of the Engineer's Report to pay the costs and expenses thereof.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The public interest, convenience and necessity require that
the levy be made.
Page 1 of 3
SECTION 2. The Assessment Districts benefited by the improvements and
assessed to pay the costs and expenses thereof, and the exterior boundaries
thereof, are as shown by a map thereof filed in the office of the City Clerk, which
map is made a part hereof by reference thereto.
wit:
SECTION 3. The Engineer's Report as a whole and each part thereof, to
(a) the Engineer's estimate of the itemized and total
costs and expenses of maintaining the improvements and of
the incidental expenses in connection therewith;
(b) the diagram showing the Assessment Districts,
plans and specifications for the improvements to be
maintained and the boundaries and dimensions of the
respective lots and parcels of land within the Assessment
Districts; and
(c) the assessment of the total amount of the cost
and expenses of the proposed maintenance of the
improvements upon the several lots and parcels of land in the
Assessment Districts in proportion to the estimated special
benefits to be received by such lots and parcels, respectively,
from the maintenance, and of the expenses incidental thereto;
are finally approved and confirmed.
SECTION 4. Final adoption and approval of the Engineer's Report as a
whole, and of the plans and specifications, estimate of the costs and expenses,
the diagram and the assessment, as contained in the report as hereinabove
determined and ordered, is intended to and shall refer and apply to the report, or
any portion thereof as amended, modified, or revised or corrected by, or pursuant
to and in accordance with, any resolution or order, if any, heretofore duly adopted
or made by this Council.
SECTION 5. The assessment to pay the costs and expenses of the
maintenance of the improvements for fiscal year 2006 -07 is hereby levied. For
further particulars pursuant to the provisions of the Landscaping and Lighting Act
of 1972, reference is hereby made to the Resolution Directing Preparation of
Engineer's Report.
SECTION 6. Based on the oral and documentary evidence, including the
Engineer's Report, offered and received at the hearing, this Council expressly
finds and determines (a) that each of the several lots and parcels of land will be
specially benefited by the maintenance of the improvements at least in the amount
Page 2 of 3
if not more than the amount, of the assessment apportioned against the lots and
parcels of land, respectively, and (b) that there is substantial evidence to support,
and the weight of the evidence preponderates in favor of, the aforesaid finding
and determination as to special benefits.
SECTION 7. Immediately upon the adoption of this resolution, but in no
event later than the third Monday in August following such adoption, the City Clerk
shall file a certified copy of the diagram and assessment and a certified copy of
this resolution with the Auditor of the County of Ventura. Upon such filing, the
County Auditor shall enter on the County assessment roll opposite each lot or
parcel of land the amount of assessment thereupon as shown in the assessment.
The assessments shall be collected at the same time and in the same manner as
County taxes are collected and all laws providing for the collection and
enforcement of County taxes shall apply to the collection and enforcement of the
assessments. After collection by the County, the net amount of the assessments,
after deduction of any compensation due the County for collection, shall be paid to
the City of Moorpark Landscaping and Lighting Maintenance Assessment
Districts.
SECTION 8. Upon receipt of the moneys representing assessments
collected by the County, the County shall deposit the moneys in the City Treasury
to the credit of the improvement funds previously established under the distinctive
designation of the Assessment Districts. Moneys in the improvement funds shall
be expended only for the maintenance, servicing, construction or installation of the
improvements.
SECTION 9. The assessments levied are in conformance with Proposition
218.
SECTION 10. 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 of June, 2006
Patrick Hunter, Mayor
/Gr69439
Deborah S. Traffenstedt, City Clerk
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