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Resolution - 8958RESOLUTION NO. 8958 RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA TO ESTABLISH A PARKING AND BUSINESS IMPROVEMENT AREA IN THE WEST • COVINA AUTO PLAZA AND LEVY ASSESSMENTS WITHIN THAT AREA, AND NOTICE OF PUBLIC MEETING AND HEARING THEREON TO BE CONDUCTED NNE 1, 1993 The City Council of the City of West Covina resolves as follows: Section 1. The City Council proposes to establish a parldng and business improvement area ("Area") pursuant to the Parldng and Business Improvement Area Law of 1989 (Streets and Highways Code section 36500, et seq.) the boundaries of which are set forth in Exhibit "A" and incorporated herein by reference. Section 2. The name of the Area shall be West Covina Auto Plaza Business Improvement District (the "District"). Section 3. Assessments as described herein are proposed to be levied within the Area to fund the construction, operation and maintenance of an electronic readerboard to be located adjacent to the I-10 Freeway and will benefit the auto plaza dealerships to be assessed. Section 4. Except where funds otherwise are available, an assessment will be levied annually on each auto dealership or auto dealership site within the Area (identified in Exhibit "A") as set out in the Act, the proceeds of which will be used exclusively to fund the improvements and activities set out in Section 3. The City/Agency may advance the necessary amounts to fund the construction and installation of the readerboard, which amounts shall be repaid from the first assessment revenues received by the district. Section . The assessment shall be levied on the basis of benefit to each dealership and property, as follows: The method of assessment will consist of dividing equally among the number of auto dealers (presently six) in the district, the cost of constructing, operating and maintaining the electronic readerboard. The cost of the electronic readerboard will be based on a 15-year repayment projection at zero interest. The other factors to be included in the assessment formula include maintenance, electricity, programming and insurance costs. The annual assessment for each auto dealer for the first year is calculated to be $14,025. The annual assessment formula is described in further detail in Exhibit "B" which is hereby incorporated. In the event an auto dealer fails to pay the assessment when due, the City may add the amount to the auto dealer's annual business license until the assessment is paid in full. In the event the auto dealer also owns the underlying property, the City may collect the assessment through the property tax roll. Section 6. Any new auto dealership will be subject to the assessment from the date it commences operation within the district and Area. Section 7. NOTICE HEREBY IS GIVEN THAT THE CITY COUNCIL WILL PROVIDE AN OPPORTUNITY FOR PUBLIC TESTIMONY ON THE PROPOSED • ASSESSMENT AT ITS MAY 4, 1993 MEETING. IN ADDITION, NOTICE HEREBY IS GIVEN THAT ON TUNE 1, 1993, THE CITY COUNCIL WILL CONDUCT A PUBLIC HEARING ON THE ESTABLISHMENT OF THE • Resolution No. 8958 April 6, 1993 Page 2 AREA, ITS BOUNDARIES, THE IMPROVEMENTS TO BE FUNDED AND THE LEVY OF ASSESSMENTS. AT THE HEARING, THE COUNCIL SHALL HEAR THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ESTABLISHMENT OF THE AREA, THE EXTENT OF THE AREA, OR THE FURNISHING OF SPECIFIED TYPES OF IMPROVEMENTS OR ACTIVITIES. PROTESTS MAY BE MADE ORALLY OR IN WRITING BY ANY INTERESTED PERSON. ANY WRITTEN PROTESTS MUST CONTAIN A DESCRIPTION OF THE BUSINESS AND EVIDENCE THAT THE PERSON SUBMITTING IT IS THE OWNER IF HE/SHE IS NOT SHOWN AS SUCH ON CITY RECORDS. A PROTEST WHICH DOES NOT IDENTIFY THE BUSINESS OR OWNER WILL NOT BE CONSIDERED. ANY PROTEST REGARDING THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND SHALL CLEARLY SET FORTH THE DEFECT. THE CITY COUNCIL MAY WAIVE ANY IRREGULARITY IN THE FORM OR CONTENT OF A PROTEST. A WRITTEN PROTEST MUST BE FILED WITH THE CITY CLERK AT OR BEFORE THE TIME SET FOR HEARING AND MAY BE WITHDRAWN IN WRITING ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. IF WRITTEN PROTESTS AS TO THE ESTABLISHMENT OF THE AREA OR THE LEVY OF ASSESSMENTS ARE RECEIVED (AND NOT WITHDRAWN) FROM OWNERS OF BUSINESSES WHICH WILL PAY 50% OR MORE OF THE TOTAL ASSESSMENTS, NO FURTHER PROCEEDINGS TO CREATE THE AREA WILL BE TAKEN FOR ONE YEAR FROM THE DATE OF THE MAJORITY PROTEST. IF THE MAJORITY PROTEST IS ONLY AGAINST THE FURNISHING OF A SPECIFIED TYPE OR TYPES OF IMPROVEMENT OR ACTIVITY WITHIN THE AREA, THOSE TYPES OF IMPROVEMENTS OR ACTIVITIES SHALL BE ELIMINATED. FOR ADDITIONAL INFORMATION: CONTACT SUSAN EVANS, PROJECT MANAGER, WEST COVINA REDEVELOPMENT AGENCY, 1444 WEST GARVEY AVENUE, ROOM 218, WEST COVINA, CALIFORNIA 91790; TELEPHONE NUMBER (818) 814-8417. Section 8. At the conclusion of the hearing, the Council may adopt, revise, change, reduce or modify the proposed assessment or type of improvements to be funded, but the Council only may reduc the boundaries or assessments. If the Council determines to establish the Area and levy the assessment, it shall adopt an ordinance which does so. Section 9. The City Clerk will cause this resolution of intention to be published once in a newspaper of general circulation in the city at least seven (7) days before the June 1, 1993 public hearing. Section 10. The City Clerk shall give notice by mailing a complete copy of this • resolution of intention by first class mail to each business owner in the Area within seven (7) days after the Council's adoption of this resolution. Section 11. This resolution shall take effect immediately upon adoption. • • Resolution No. 8958 April 6, 1993 Page 3 PASSED AND ADOPTED by the City Council of the City of West Covina at a regular meeting thereof held on the 6th day of April , 1993. ATTEST: City Clerka�T Mayor I HEREBY CERTIFY that the foregoing Resolution No. s ;a was duly adopted by the City Council of the City of West Covina at a regular meeting thereof held on the 6 t h day of Apri 1 , 1993, by the following vote: AYES: Manners, Jennings, Herfert, McFadden, Wong NOES: None ABSENT: None ABSTAIN: None APPROVED AS TO FORM: City Attorney ity Clerk MIWM.RP8AM EXHIBIT "A" WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT BOUNDARIES 'TO Igo T/` I SNP , iFF S v Ev Ev. IGEHci \� O V' V Z J 0 F Z -IrcOF` PRoroseo 1M PRcvcn AR -'"Inter S�Tua w.c. ulss�.� v>�aNr - O ITS �81514I) O f'IriTtfS YIO'(LPa D SITE LAND USE TAX ASSESSOR ID LOT SIZE 1 WEST COVINA TOYOTA 8478-007-25,31 3.06± AC 2 WEST COVINA NISSAN 8478-007-28,30,34,35,38 3.60± AC 3 SATURN 8478-007-36,37 2.23± AC 4 VACANT DEALERSHIP 8478-004-39 3.73+ AC 5 SOUTHLAND MOTORS 8478-004-40 4.16+ AC 6 JOHNSON MOTORS 8478-004-26 3.72+ AC A VACANT LOT 8478 008.02,11,12,14 .82+ AC B. LA RONDE APTS (35 UNITS) 8478-004-027 .94+ AC TOTAL ACREAGE OF BUSINESS IMPROVEMENT DISTRICT = 24 9+ AC 0 I* EXHIBIT "B" ELECTRONIC READERBOARD CONSTRUCTION, MAINTENANCE AND OPERATION COSTS FIRST ANNUAL ASSESSMENT SIGN PAYMENT (Total sign cost: $315,000 - Annual payment based on 15 years, 0% interest) INSURANCE PREMIUM (Based on 1% of cost) MAINTENANCE ELECTRICITY PROGRANMUNG TOTAL ANNUAL COST FIRST ANNUAL ASSESSMENT PER DEALER AP1501M.DOC J $ 21,000 $ 3,150 $ 20,400 $ 36,000 $ 3,600 $ 84,150 $ 14,025