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Resolution - 9096RESOLUTION NO. 9096 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DECLARING ITS INTENTION TO LEVY ASSESSMENTS WITHIN THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT . DISTRICT AREA FOR FISCAL YEAR 1994-95, AND PROVIDING NOTICE OF PUBLIC HEARING THEREON TO BE CONDUCTED JUNE 7, 1994 The City Council of the City of West Covina resolves as follows: SECTION 1: The City Council proposes to levy and collect assessments within the West Covina Auto Plaza Business Improvement District Area ("Area") for Fiscal Year 1994- 95. SECTION 2: On June 1, 1993, the City Council adopted Ordinance No. 1923, which established the West Covina Auto Plaza Business Improvement District ("District') for purposes of levying an assessment within the designated Area. The proposed use of the assessment revenue collected will be used for financing the construction, operation, and maintenance of an electronic readerboard sign located in the West Covina Auto Plaza adjacent to the San Bernardino Interstate 10 freeway. SECTION 3: The boundaries and location of the Area are set forth in Exhibit "A" and incorporated herein by reference. The boundaries are not proposed to change. The improvements and activities to be financed are set out in Exhibit "B." SECTION 4: The Advisory Board for the District filed with the City Clerk an Annual Report pursuant to the Parking and Business Improvement Area Law of 1989 (Streets and Highways Code Section 36500, et seq.) which describes the proposed improvements and activities authorized by Ordinance No. 1923. The Annual Report is attached as Exhibit "B" and incorporated herein by reference. SECTION 5: NOTICE HEREBY IS GIVEN THAT THE CITY COUNCIL WILL PROVIDE AN OPPORTUNITY FOR PUBLIC TESTIMONY ON THE PROPOSED ASSESSMENT FOR FISCAL YEAR 1994-95 AT ITS JUNE 7, 1994 MEETING. THE ASSESSMENT IS PROPOSED TO BE REDUCED. 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 PROPOSED LEVY OF ASSESSMENTS FOR FISCAL YEAR 1994-95 ARE RECEIVED (AND NOT WITHDRAWN) • FROM OWNERS OF BUSINESSES WHICH WILL PAY 50% OR MORE OF THE TOTAL ASSESSMENTS, NO FURTHER PROCEEDINGS TO LEVY THE PROPOSED ASSESSMENTS FOR FISCAL YEAR 1994-95 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. Da 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 6. At the conclusion of the hearing, the Council may adopt, revise, change, reduce or modify (but may not increase) the proposed assessment or type of improvements to be funded, but the Council only may reduce the boundaries or assessments. If the Council determines to levy the assessment, it may adopt a resolution confirming so. SECTION 7. 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 7, 1994 public hearing. SECTION 8. 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 9. This resolution shall take effect immediately upon adoption. SECTION 10. The City Clerk shall certify to the adoption of this resolution. APPROVED AND ADOPTED by the City Council of the City of West Covina at a regular meeting thereof held on the 17th day May 1994. �� 0 ATTEST: ,M OP 71 , Ias VW,,W, , I HEREBY CERTIFY that the foregoing Resolution No. 9096 was duly adopted by the City Council of the City of West Covina at a regular meeting thereof held on the 17th day of May 1994, by the following vote: AYES: Manners, Touhey, Wong, Herfert, McFadden NOES: None ABSENT: None ABSTAIN: None • City Clerk k- APPROVED AS TO FORM: rq City Attorney 4 AP1931M EXHIBIT "A" WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT BOUNDARIES • $off FWY N 144AN OYOfd r '1 O j 4 N 74 t44AK 146t f evf�llaHO Fit 7 l � No SG.YV$ >J � iLf�9:�8eAR0 S t tau yeGdrPt et•{ SITE LAND USE ITAX 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 8478-008-02, 11, 12, 14 4.42 ± AC 3 SATURN 8478-007-36, 37 2.23 ± AC 4 DODGE 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 LA RONDE APTS 35 UNrrs 8478-004-27 0.94 ±.AC' AP 187.DOC EXHIBIT "B" WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT FOR FISCAL YEAR 1994-95 1. Any proposed changes in the boundaries of the business improvement district area. None. 2. The improvements and activities to be provided for Fiscal Year 1994-95. Financing the construction, operation and maintenance of an electronic readerboard located in the West Covina Auto Plaza adjacent to the San Bernardino Interstate 10 Freeway. 3. Estimate of the cost of providing the improvements and the activities for Fiscal Year 1994-95. Gross estimated annual cost for financing the construction cost of the sign, insurance premium, maintenance, electricity, and programming is $44,757. A six month reserve representing an additional $22,379 results in a grand total cost of $67,136 (see Exhibit "1" ). 4. Method and basis of levying the assessment for Fiscal Year 1994-95. The method and basis of levying the assessment will be pursuant to Ordinance No. 1923 which was adopted by the City Council on June 1, 1993, 5. Amount of any surplus or deficit revenues to be carried over from Fiscal Year 1993-94. A surplus of $58, 292 will be carried over from Fiscal Year 1993-94 (see Exhibit ,fill 6. Amount of any contributions to be made from sources other than the assessments levied. None. EXHIBIT 11 1" WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT FISCAL YEAR 1994-95 ANNUAL ASSESSMENT SIGN PAYMENT $15,357 City Loan $236,000 .Less FY 93-94 Payment $21,000 Balance" $215, 000 INSURANCE PREMIUM $2,400 MAINTENANCE (first year free) $0 ELECTRICITY $24,000 PROGRAMMING $3,000 SUBTOTAL $44,757 SIX MONTHS RESERVE FUND $22,379 SUBTOTAL $67,136 FY 93-94 SURPLUS CARRIED OVER" ($58, 292) NET ANNUAL COST $8,844 NOTES. r Balance of $215,000 to be amortized over 14 years at 0% interest. r r The Fiscal Year 1993-94 Assessment estimated $63,150 for insurance, maintenance, electricity, and programming costs. Because the sign was installed and began operation the end of April, only 2 months of insurance, maintenance, electricity, and programming costs will be incurred in the Fiscal Year 1993-94. Using the adjusted cost estimates, $4,859 of the collected $63, 750 will be used to pay for the 2 months of costs incurred in the FY 93-94 and the surplus amount will be credited towards payment of the FY 94-95 estimated costs. See attached FY 93-94 surplus calculation worksheet. AP 187J M. XLS EXHIBIT "1" WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT FISCAL YEAR 1994-95 ANNUAL ASSESSMENT FY 93-94 SURPLUS CALCULATION FY 93/94 INSURANCE PREMIUM $3,150 MAINTENANCE $20,400 ELECTRICITY $36,000 PROGRAMMING $3,600 ANNUAL COST ESTIMATED S63,150 MONTHLY COST• $2,429 MONTHS IN SERVICE" 2 ANNUAL COST INCURRED ($4,859) NOTES: • Monthly costs for FY 93-94 are based on FY 94-95 estimates except for insurance premium which cost $2,151 for April 1994 through April 1995 coverage. "• Sign installed and began operation last week of April 1994. AP187JM.XLS