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HomeMy WebLinkAboutAGENDA REPORT 1993 0602 CC REG ITEM 09BAGENDA REPORT C = TY OF MOORPARK TO: The Honorable City Council FROM: Ken Gilbert, Director of Public Works DATE: May 24, 1993 (Council Meeting 6 -2 -93) SUBJECT: Consider Making Certain Changes to AD85 -1 and Confirming the Assessments for Fiscal Year 1993/94 ITEM IS Council Meot t"3, 199 ACTION: By Assessment District 85 -1 was formed in 1985 pursuant to the provisions of the "Landscaping and Lighting Act of 1972." This assessment district was established to allow for the funding of parks maintenance expenses through the levying of assessments as provided for in said act. These costs are spread to all of the lots in the City by means of a formula designed to spread said costs on the basis of benefit. In accordance with the requirements of the above mentioned act, the City Council has taken a number of actions in recent months in preparation for considering the levy of assessments for Parks Maintenance for FY 1993/94. Those actions are summarized as follows: 1. On February 3, 1993, the City Council adopted Resolution No. 93 -910 stating its intent to take the subject actions. 2. Also on that date, the City Council selected the firm of Dwight French and Associates to prepare the Engineer's Reports for AD85 -1. 3. On April 7, 1993, the City Council adopted Resolution No. 93 -930 setting 7:00 p.m. June 2, 1993, as the time and date of a Public Hearing to consider the subject actions. Recently enacted state legislation requires that, prior to consideration of any new or increased assessment, notices of said public hearing shall be mailed to the owners of the property to be assessed. Said notices shall state the estimated amount of the proposed assessment and shall be mailed at least forty -five (45) days prior to the date of the hearing. Notices of this Public Hearing were published, posted and mailed to every property subject to the assessment, in accordance with said new requirements. ad85 94.apr Assessment District 85 -1 June 2, 1993 Page2 4. On May 20, 1993, the City Council adopted Resolution No. 93 -940 approving the Engineer's Report for AD85 -1. • A. Budget The May 5, 1993, staff report transmitting the Engineer's Report to the City Council, included a number of exhibits pertaining to the FY 1993/94 Budget for Park Maintenance (Dept. 147) and the proposed assessments for AD85 -1. Please refer to that document for specific details regarding the derivation of the proposed assessments. B. Deferred Action The attached resolutions must be adopted no later than June 30, 1993, in order for the assessments to be levied. In prior years the City Council has adopted such resolutions concurrently with the adoption of the budget. Staff recommends that the City Council open the public hearing, receive testimony and continue these matters to the date of the Budget Workshops. Subsequent to the budget workshop meetings, but no later than June 30, 1993, staff recommends that the City Council adopt the attached Resolution No. 93- making certain changes to AD85 -1 and confirming the assessments for Fiscal Year 1993/94. ad85_94.apr RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, MAKING CERTAIN CHANGES TO THE "MOORPARK PARKS MAINTENANCE ASSESSMENT DISTRICT NO. AD- 85 -111; AND CONFIRMING THE ASSESSMENT FOR SAID DISTRICT THE FISCAL YEAR COMMENCING JULY 1, 1993 AND ENDING JUNE 30, 1994. WHEREAS, the City Council of the City of Moorpark, by Resolution No. 93 -910, adopted February 3, 1993, declared its intention to make certain changes to the "MOORPARK PARKS MAINTENANCE ASSESSMENT DISTRICT NO. AD- 85 -1 ", and to order the extension of the annual assessments for said district for the fiscal year commencing July 1, 1993 and ending June 30, 1994; and, WHEREAS, the City Council of the City of Moorpark, by Resolution No. 93 -930, adopted April 7, 1993, set 7:00 p.m., June 2, 1993, as the time and date of a public hearing to consider such matters; and, WHEREAS, the City Council of the City of Moorpark, by Resolution No. 93 -940, adopted May 20, 1993, approved the Engineer's Report pertaining to such matters; and, WHEREAS, said "MOORPARK PARKS MAINTENANCE ASSESSMENT DISTRICT NO. AD -85 -1" consists of a single city -wide zone for the maintenance and improvement of parks and recreational facilities within the City; and, WHEREAS, on June 2, 1993, 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 confirmed for the fiscal year commencing July 1, 1993 and ending June 30, 1994; 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, Resolution No. 93- Page 2 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, 1993 and ending June 30, 1994. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The Engineer's Report for "MOORPARK PARKS MAINTENANCE ASSESSMENT DISTRICT NO. AD- 85 -1111 filed May 20, 1993, 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. 93 -940 approving said Engineer's Report, is hereby levied for the fiscal year 1993/94. 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. APPROVED AND ADOPTED THIS day of , 1993. Paul W. Lawrason Jr., Mayor ATTEST: City Clerk