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Attachment 3 Resolution Approving Final Engineer's Report

Thousand Oaks City Council
June 4, 2024

Document
Attachment 3 Resolution Approving Final Engineer's Report
Meeting
June 4, 2024
Body
Thousand Oaks City Council
Pages
3
Original file
57 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.

DPW: 830-40\jlt\ev\Council\2024\060424\LLAD 79-2 Levying of Annual Assessments Att 3.docx

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ATTACHMENT #3
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS APPROVING THE
ENGINEER’S REPORT FOR LANDSCAPE AND
LIGHTING ASSESSMENT DISTRICT NO. 79-2,

AND ANNUAL LEVY OF ASSESSMENTS

RELATED THERETO COMMENCING IN FISCAL
YEAR 2024-25
WHEREAS, the City of Thousand Oaks has previously formed the Thousand Oaks Landscape and Lighting Assessment District No. 79-2 (hereinafter referred to as the “District”), and levied annual special benefit assessments pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, beginning with Section 22500 (hereinafter referred to as the “Act”), and in accordance with the provisions of California Constitution Article XIIID; and WHEREAS, the City Council ordered the preparation of an Engineer’s Annual Levy Report (hereafter referred to as the “Engineer’s Report”) regarding the levy of assessments for Fiscal Year 2024-25, pursuant to Chapter 3, Section 22622 of the Act and in accordance with the provisions of the California Constitution Article XIIID; and
WHEREAS, the Act provides for the levy and collection of assessments by the County of Ventura for the City of Thousand Oaks to pay for the maintenance, operation and services of the improvements and facilities within the District; and
WHEREAS, the City Council approved the agreement with the Ventura County Auditor-Controller requesting the service of placement of the Landscape and Lighting Assessment District direct assessments on the Secured Tax Rolls and distribution of Collections to the City of Thousand Oaks; and WHEREAS, there has now been presented to the City Council the Final Engineer’s Report in connection with the proposed levy of assessments for Fiscal Year 2024-25 in accordance with Chapter 1, Article 4 (commencing with Section 22565) of the Act; and
WHEREAS, the City Council has carefully examined and reviewed the Engineer’s Report as presented, has considered the public testimony, and is satisfied that the assessments have been spread in accordance with the benefits received from the improvements, operation, maintenance, and services to be performed within the District and each Benefit Zone therein.

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NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Thousand Oaks as follows:

Section 1 The preceding recitals are true and correct.

Section 2 Based on testimony given, and the documents and discussion presented, the City Council has directed and confirmed any necessary modifications or amendments to the Engineer’s Report previously presented and filed, and said modifications or amendments so reflected by the minutes of this meeting shall by reference be incorporated into the Engineer’s Report.

Section 3 The Engineer’s Report, as presented or amended, consists of the following:
a. Plans and specifications that describe the District, the Zones therein, and the proposed improvements related
thereto.
b. Method of Apportionment that outlines the special benefit conferred on properties within the District from the
improvements; and the calculations used to establish each parcel’s proportional assessment.
c. The Budget that outlines the costs and expenses to service and maintain the improvements for the fiscal year including incidental expenses authorized by the Act, establishing the proposed assessment rates for Fiscal Year 2024-25.
d. Identification of the maximum assessment rates including a description of the assessment range formula associated with these assessment rates.

Section 4 The City Council hereby approves the Engineer’s Report and the assessments contained therein as presented or amended, and the assessments so described comply with the provisions of the California Constitution Article XIIID.

Section 5 The Engineer’s Report as presented or amended is hereby ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation and approval of the Engineer’s Report.

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Section 6 This Resolution shall become effective immediately upon its adoption.

Section 7 The City Clerk shall certify the adoption of this Resolution.

PASSED AND ADOPTED this 4th day of June, 2024, by the following vote:

Ayes:

Noes:

Absent:
______________________________________
ATTEST/CERTIFY:

Al Adam, Mayor
City of Thousand Oaks, California
________________________________
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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