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Attachment 4 Resolution Declaring Intention to Levy Annual Assessment

Thousand Oaks City Council
May 7, 2024

Document
Attachment 4 Resolution Declaring Intention to Levy Annual Assessment
Meeting
May 7, 2024
Body
Thousand Oaks City Council
Pages
3
Original file
83 KB
Text extracted from the city's file for reading and search. Open the original on toaks.primegov.com. That file is the official record.

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS DECLARING ITS

INTENTION TO LEVY ANNUAL ASSESSMENTS

FOR THOUSAND OAKS LANDSCAPE AND
LIGHTING ASSESSMENT DISTRICT NO. 79-2
(FISCAL YEAR 2024-25)
WHEREAS, the City Council has, by previous Resolutions, formed the Thousand Oaks Landscape and Lighting Assessment District No. 79-2 (hereinafter referred to as the “District”) and initiated proceedings to levy annual assessments for Fiscal Year 2024-25, pursuant to the provisions of the Landscaping and Lighting Act of 1972, part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”); and WHEREAS, the City Council has retained Webb Municipal Finance, LLC to prepare and file an Engineer’s Report (hereinafter referred to as the “Engineer’s Report”) with the City Clerk for the purposes of establishing ongoing annual assessments in accordance with the Act and the provisions of the California Constitution, Article XIIID; and
WHEREAS, the Engineer’s Report for Fiscal Year 2024-25 has been prepared and filed with the City Clerk and has been presented to the City Council for review and approval.

NOW, THEREFORE, the City Council of the City of Thousand Oaks does hereby resolve as follows:

Section 1 The City Council hereby declares that it is its intention to levy annual assessments for Fiscal Year 2024-25 over and including the land within the existing District boundary, to pay the costs of the operation, maintenance, and servicing of lighting, landscaping, and appurtenant facilities and operations related thereto pursuant to Chapter 3, Section 22624 of the Act, and the California Constitution, Article XIIID.

Section 2 The Engineer’s Report as presented has been reviewed by the City Council, and based on this review the City Council hereby makes the following determinations:
a. The District improvements and zones described in the Engineer’s Report are substantially the same as those improvements and zones previously approved and adopted by the City Council.

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b. The costs and expenses of providing the improvements have been budgeted for each of the District zones and the proportionate special benefit derived by each individual parcel assessed has been determined in relationship to the entirety of those costs and expenses.
c. The proposed assessments do not exceed the reasonable costs of the proportional special benefit conferred on each parcel. d. Only the special benefits have been assessed and a contribution has been made from City funds in the amount that exceeds any reasonable general benefit to properties outside the district or to the public at large.
e. The assessments do not exceed the maximum annual
assessments previously authorized to be levied for the District and the zones therein.

Section 3 The Preliminary Engineer’s Report for Fiscal Year 2024-25 as presented is hereby approved for content and it is the intention of the City Council to levy and collect the proposed assessments so described for Fiscal Year 2024-25.

Section 4 The proposed improvements within the District include the maintenance, operation, and the furnishing of services and materials for public lighting facilities including, but not limited to, street lights, traffic signals and safety lights at intersections, landscaped areas including open space areas, parkways, slopes and medians within the public rights-of-way including, but not limited to, trees, shrubs, turf and other ornamental vegetation, drainage and irrigation systems, fence repair, and other appurtenant facilities. The Engineer’s Report provides a full description of the improvements and the assessments connected therewith for the District.

Section 5 The boundaries of the District are within the boundaries of the incorporated City Limits of the City of Thousand Oaks, within the County of Ventura, State of California, and are designated as Thousand Oaks Landscape and Lighting Assessment District No. 79-2. The District includes forty-three (43) distinct Landscape Benefit Zones (including subzones): Zones 1 through 39; and six (6) Lighting Benefit Zones: Zones A through F. The District and zones within the District are more fully described in the Engineer’s Report.

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Section 6 The proposed assessments for each parcel within the District shall be calculated in accordance with the method of apportionment established for the District and owners in accordance with the California Constitution, Article XIIID. The method of apportionment and the proposed assessment rates are documented in the Engineer’s Report.

Section 7 The City Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments for the District in accordance with Government Code Section 54954.6 Chapter 3, Section 22625 of the Act. At the Public Hearing, interested persons shall be permitted to present written and/or oral testimony.

Section 8 Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesday, June 4, 2024, at 6:00 p.m., or as soon thereafter as feasible, in the City Council Chambers, located at 2100 Thousand Oaks Boulevard, Thousand Oaks.

PASSED AND ADOPTED this 7th day of May, 2024, by the following vote:

Ayes:

Noes:

Absent:
_______________________________
Al Adam, Mayor
City of Thousand Oaks, CA
ATTEST\CERTIFY:
_________________________________
Laura B. Maguire, City Clerk
Date Attested:_____________________
APPROVED AS TO FORM:

Office of the City Attorney
_________________________________
Tracy Friedl, Assistant City Attorney
APPROVED AS TO ADMINISTRATION:
_________________________________
Andrew P. Powers, City Manager
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.

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