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Resolution - 9231RESOLUTION NO. 9231 RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA TO LEVY ASSESSMENTS WITHIN THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT AREA FOR FISCAL YEAR 1995-96, AND PROVIDING NOTICE OF PUBLIC HEARING THEREON TO.BE CONDUCTED .TUNE 20, 1995 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 1995-96. 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 locations of the Area are set forth in Attachment No. 1 and incorporated herein by reference. The boundaries are not proposed to change. The improvements and activities to be financed are set out in Attachment No. 2. 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 Attachment No. 2 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 1995-96. AT ITS JUNE 20, 1995 MEETING, THE ASSESSMENT IS PROPOSED TO BE INCREASED. 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 1995-96 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 1995-96 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. 2 FOR ADDITIONAL INFORMATION: CONTACT CHESTER YOSHIZAKI, REDEVELOPMENT DIRECTOR, 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 20, 1995 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 6th day of June, 1995. I V 1 J Mayor Pro -rem ATTEST: , I I HEREBY CERTIFY that the foregoing Resolution No. 9231 was duly adopted by the City Council of the City of West Covina at a regular meeting thereof held on the 6th day of June, 1995, by the following vote: AYES: McFadden, Touhey, Wong, Herfert NOES: None ABSENT: Manners ABSTAIN: None • City Clerk APPROVED AS TO FORM: /s/ Elizabeth Hanna -Dixon City Attorney AP2087MAES I ATTACHMENT NO. 1 is cu Q WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT BOUNDARIES SA l� N155AN TOYo-TA O IN155AN� I3ERNN PIDINO PNY � POb6E ti KIA 0 Ave NorM� F N 0 NOT TO E CALE RE'.�7EiZ60ARb 516N �ocSilorJ I SITE LAND USE TAX ASSESSOR ID LOT SIZE 1 WEST COVINA TOYOTA 8478-007-25, 31 3.06 © AC 2 WEST COVINA NISSAN/ KIA 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 SOUTH AND MOTORS 8478-004-40 4.16 © AC 6 LONGO MOTORS 8478-004-26 3.72 © AC A.'= LA RONDE APTS (35 UNITS) 8478-004-17 0.94`©`AC APISTDOC ATTACHMENT NO. 2 NEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT FOR to FISCAL YEAR 1995-96 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 1995-96. 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 1995-96, Gross estimated annual cost for financing the construction cost of the sign, insurance premium, maintenance, electricity, and programming is $64,137. A six month reserve representing an additional $24,390 results in a grand total cost of $88,257 (see Exhibit "A"). After crediting the surplus from Fiscal Year 94-95 (see Item 5 below), the net cost is $71,668 which amounts to an assessment of $11,945 for each of the six dealers in the business improvement district. 4. Method and basis of levying the assessment for Fiscal Year 1995-96. 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 1994-95. A surplus of $16,859 will be carried over from Fiscal Year 1994-95. 6. Amount of any contributions to be made from sources other than the assessments levied. None. AP206mt.doc ATTACHMENT NO. 2 EXH [BIT "A" WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT 40 ASSESSMENT BUDGET FOR FISCAL YEAR 1995-96 OPERATING EXPENSES • Programming • Telephone • Electricity • Maintenance Contract • Sign Insurance • Permit Fee CAPITAL IMPROVEMENTS • Sign Payment SIX MONTH RESERVE FUND • Operating Expenses for 6 months FY 94-95 SURPLUS • Excess from Reserve Fund $3,000 $360 $30,000 $13,000 $2,400 $20 $48,780 Subtotal $15,357 $64,137 Subtotal $24,390 $88,527 Total Cost ($16, 8 59) $71,668 Net Total Cost NET ANNUAL COST • Assessment per Dealer (Six Dealers) $11,945 t••owdluvrorem