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HomeMy WebLinkAboutResolution No. 91-C1060 RESOLUTION NO. 91-C106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, INITIATING PROCEEDINGS AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 1991-92 WITHIN THE CITY OF AZUSA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND FIXING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO WHEREAS, the City Council (the "City Council") of the City of Azusa, California (the "City") in 1989 formed its Landscaping and Lighting Assessment District No. 1 (the "District") and in 1989-90 and 1990-91 levied an assessment collected on the utility bills for subscribers within the boundaries of that District pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code of the State of California (the "Act"), such assessment to be known as the "coT�,run:ty maintenance fees;" and WHEREAS, the improvements to be installed, ccrstructed, maintained, administered and serviced within the District may include one or more of city parks, median and other landscaping along the city streets within the District as well as associated curb, gutters, drains and streets and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof, including irrigation; and WHEREAS, the District has the same boundaries as the City; and WHEREAS, in accordance with a request_ of_ the City Council, the City Engineer has filed with the-C-ity Clerk -the engineer's report required by Article 4 of the Act (the "Engineer's Report"). All interested persons are referred to the Engineer's Report for a fulland detailed description of the improvements, the proposed assessments upon assessable lots and parcels of land within the District; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND DECLARE AS FOLLOWS: SECTION 1. INITIATING OF PROCEEDINGS. The City hereby initi'—'ates the proceedings for the levy of assessments known as "community maintenance fees" for the fiscal year 1991-92 to be collected on the utility bills for subscribers within the boundaries of the District and orders the City Engineer to prepare and file the Engineer's Report. 0 0 SECTION 2. DESCRIPTION OF WORK. The public interest and convenience require, and it is the intention of the City to levy and collect assessments within the District for fiscal year 1991-92 within which the following work is to be done, to wit: Landscaping maintenance consisting of cutting, pruning, trimming, fertilizing and treating plants, shrubs, trees, ground cover and soil to provide a pleasing and attractive landscape within the public rights-of-way and publicly -owned grounds. Dead plants, shrubs, trees and ground cover shall be replaced with new items as soon as practical. The irrigation system shall be operated and maintained to provide adequate watering of all plants, shrubs, trees and ground cover. Irrigation systems shall be installed, repaired or replaced as deemed appropriate by the City's Public Works Department. Reference is made to the Engineer's Report described in Section 5 for a more detailed description of the work to be done and the amount of the proposed assessment. SECTION 3. LOCATION OF WORK. The foregoing described work is to be located within streets and easements within the City particularly described on a map on file in the City Clerk's Office entitled "City of Azusa Landscaping and Lighting Assessment District No. 1." SECTION 4. DESCRIPTION OF THE DISTRICT. The City hereby determines that the contemplated work is of benefit to, and the City hereby makes the expense of said work chargeable upon, the District, which District is assessed to pay the costs and expenses of the District and which District is described as follows: All that certain territory within the City of Azusa Landscaping and Lighting Assessment District No. 1, in the City of Azusa, California. SECTION 5. REPORT OF THE ENGINEER. The City Engineer has with the City the Engineer's Report. The City hereby preliminarily approves, passes on and adopts the Engineer's Report as submitted to the City Council and filed with the City Clerk and that report shall stand as the Engineer's Report for the purpose of all subsequent proceedings pursuant to this Resolution of Intention. The City does hereby make reference to the Engineer's Report which indicates the amount of the proposed assessment, the District boundary, detailed description of improvements, and the method of assessment based on utility meters as most representative of benefit. The report entitled "Engineer's Report" is on file in the Office of the City Clerk and reference to said report is hereby made for all particulars. SECTION 6. TIME AND PLACE OF HEARING. NOTICE IS HEREBY GIVEN THAT ON THE 19TH DAY OF AUGUST, 1991, AT THE HOUR OF 7:30 O'CLOCK P.M., IN THE COUNCIL CHAMBERS OF THE CITY COUNCIL IN THE CITY AUDITORIUM, AT 213 EAST FOOTHILL BOULEVARD, AZUSA, CALIFORNIA, ANY AND -2- ' • i ALL PERSONS HAVING ANY OBJECTIONS TO THE PROPOSED LEVY OF ASSESSMENT, THE PROPOSED WORK OR EXTENT OF THE PROPOSED WORK OR DISTRICT, MAY APPEAR AND SHOW CAUSE WHY SAID LEVY OF ASSESSMENT OR WORK SHOULD NOT BE APPROVED IN ACCORDANCE WITH THIS RESOLUTION OF INTENTION. THE CITY SHALL CONSIDER ALL ORAL AND WRITTEN PROTEST. The City Clerk is hereby directed to give notice of such public hearing by causing to be published a copy of tnis Resolution, as sec forth in Exhibit "A" attached hereto and incorporated herein by this reference, once in a •:ewspaper of general circulation for the City of Azusa at Least ten days prior to the scheduled hearing. SECTION 7. LANDSCAPING AND LIGHTING. All the work proposed shall be done in accordance :ith the Acc. SECTION 8. The City Clerk shall cert'_fv the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 5th day of August 1991. CITY OF AZUSA, CALIFORNIA By: � MAYOR m = [SEAL] ATTEST: I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Azusa, California, at a regular meeting thereof, held on the 5+h day of August , 1991, by the following vote of the Council: AYES: COUNCILMEMBERS: STEKRICH, NARANJO, ALEXANDER'i MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: """'---- -3- 0 0 EXHIBIT A NOTICE OF PUBLIC HEARING CITY OF AZUSA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1 LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 1991-92 NOTICE IS HEREBY GIVEN, pursuant to Streets and Highways Code Section 22626, that on August 19, 1991 at 7:30 o'clock P.M. at the City Auditorium, 213 E. Foothill Boulevard, Azusa, California, the City Council of the City of Azusa shall conduct a public hearing on a report filed with the City Clerk setting forth assessments to be levied and collected on the utility bill for Fiscal Year 1991-92. A. The text of said Resolution is as follows: WHEREAS, the City Council (the "City Council") of the City of Azusa, California (the "City") in 1989 formed its Landscaping and Lighting Assessment District No. 1 (the "District") and in 1989-90 and 1990-91 levied an assessment collected on the utility bills for subscribers within the boundaries of that District pursuant to the provisions of t; 0 0 SECTION 2. DESCRIPTION OF WORK. The public interest and convenience require, and it is the intention of the City to levy and collect assessments within the District for fiscal year 1991-92 within which the following work is to be done, to wit: Landscaping maintenance consisting of cutting, pruning, trimming, fertilizing and treating plants, shrubs, trees, ground cover and soil to provide a pleasing and attractive landscape within the DI.D_ic rights -of --,.jay and publicly -owned grounds. Dead plants, shrubs, trees and ground cover shall be replaced with new items as soon as practical. The irrigation system shall oe operated and maintained to provide adequate watering of all plants, shrubs, trees and ground cover. Irrigation systems shall be installed, repaired or replaced as deemed appropriate by the City's Public Works Department. Reference is made to the Engineer's Report described in Section 5 for a more detailed description of the work to be done and the amount of the proposed assessment. SECTION 3. LOCATION OF WORK. The foregoing described work is to be located within streets and easements within the City particularly described on a map on file in the City Clerk's Office entitled "City of Azusa Landscaping and Lighting Assessment District No. 1." SECTION 4. DESCRIPTION OF THE DISTRICT. The City hereby determi s that the contemplated work is of benefit to, and the City hereby makes the expense of said work chargeable upon, the District, which District is assessed to pay the costs and expenses of the District and which District is described as follows: All that certain territory within the City of Azusa Landscaping and Lighting Assessment District No. 1, in the City of Azusa, California. SECTION 5. REPORT OF THE ENGINEER. The City Engineer has fled with the City the Engineer's Report. The City hereby preliminarily approves, passes on and adopts the Engineer's Report as submitted to the City Council and filed with the City Clerk and that report shall stand as the Engineer's Report for the purpose of all subsequent proceedings pursuant to this Resolution of Intention. The City does hereby make reference to the Engineer's Report which indicates the amount of the proposed assessment, the District boundary, detailed description of improvements, and the method of assessment based on utility meters as most representative of benefit. The report entitled "Engineer's Report" is on file in the Office of the City Clerk and reference to said report is hereby made for all particulars. SECTION 6. TIME AND PLACE OF HEARING. NOTICE IS HEREBY GIVEN THAT ON THE 19TH DAY OF AUGUST, 1991, AT THE HOUR OF 7:30 O'CLOCK P.M., IN THE COUNCIL CHAMBERS OF THE CITY COUNCIL IN THE CITY AUDITORIUM, AT 213 EAST FOOTHILL BOULEVARD, AZUSA, CALIFORNIA, ANY AND -2- J ALL PERSONS HAVING ANY OBJECTIONS TO THE PROPOSED LEVY OF ASSESSMENT, THE PROPOSED WORK OR EXTENT OF THE PROPOSED WORK OR DISTRICT, MAY APPEAR AND SHOW CAUSE WHY SAID LEVY OF ASSESSMENT OR WORK SHOULD NOT BE APPROVED IN ACCORDANCE WITH THIS RESOLUTION OF INTENTION. THE CITY SHALL CONSIDER ALL ORAL AND WRITTEN PROTEST. The City Clerk is hereby directed to give notice of such public hearing by causing to be published a copy of this Resolution, as set forth in Exhibit "A" attached hereto and incorporated herein by this reference, once in a newspaper of general circuia a on for the City of Azusa at least ten days prior to the scheduled hearing. SECTION 7. LANDSCAPING AND LIGHTING. All the work proposed shall be done in accordance with the Act. SECTION 8. The City Clerk shall certify the adoption of this Resolution. B. The proposed assessments are city-wide and are in the following amounts: Parks Median Total Residential $ 0.23/mo. $ 0.21/mo. $ 0.44/mo. Commercial & Industrial (5 employees or less) 0.80/mo. 1.60/mo. 2.40/mo. Commercial and Industrial (6 or more employees) 2.25/mo. 4.48/mo. 6.73/mo. The assessment amounts are the same as for last year. The assessment is proposed to be levied and collected on the utility bill as the City has determined that the list of utility subscribers is most representative of property owners and residents in the City who benefit from such landscaping and lighting maintenance. Delinquent assessments shall be collected by all means available to the City. The proposed assessment will be levied and collected monthly on the utility bill in the above amounts. C. At or before the time fixed. for the hearing, all interested persons within the City may object to the levy and collection of the assessment by filing with the City Clerk a written protest. Any such protest must include a description of the person's interest. Prior to the conclusion of the hearing, any written protest may be withdrawn. At the date and time fixed for the hearing, the Council shall hear and consider all written protests and oral testimony, regarding the levy and collection of the assessments in the manner, amounts and for the purposes set out above. At the conclusion of the hearing the Council may deny, modify, amend or approve the Report (including the amount of the assessment and the manner and collection thereof), but may not increase the assessment amount. -3- • 0 A copy of the Report and additional information is available from the Office of the Community Development Director of the City of Azusa: 213 East Foothill Boulevard, Azusa, California 91702, (818) 334-5125, extention 236, 7:00 o'clock a.m. to 5:30 o'clock p.m., Monday through Thursday. By: ty Cler -4- • 0 ENGINEER'S REPORT FOR LANDSCAPING MAINTENANCE DISTRICT IN THE CITY OF AZUSA FY 1991-92 EUGENE MOSES - MAYOR HARRY STEMRICH - MAYOR PRO -TEM STEPHEN ALEXANDER - COUNCILMEMBi JOHN DANGLEIS - COUNCILMEMEBER TONY NARANJO - COUNCILMEMBER COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION CITY OF AZUSA ENGINEER'S REPORT FOR LANDSCAPING MAINTENANCE DISTRICT (1991-92) SECTION I AUTHORITY FOR REPORT The Report is prepared pursuant to Resolution of the City Council and in compliance with the requirements of Article 4, Chapter, Landscaping and Lighting Act of 1972, being Part 2, Division 15 of the Streets and Highways Code, State of California. The Report covers the period from September 1991 to August 1992. SECTION II PLANS A plan showing the location of City parks to be maintained is included herein as Exhibit "A". The City's aerial photographs show the landscaped medians to be maintained (not attached). SECTION III SPECIFICATIONS FOR MAINTENANCE Landscaping maintenance shall consist of cutting, pruning, trimming, fertilizing and treating plants, shrubs, trees, ground cover and soil to provide a pleasing and attractive landscape within the public rights-of-way and publicly -owned grounds. Dead plants, shrubs, trees and ground cover shall be replaced with new items as soon as practical. The irrigation system shall be operated and maintained to provide adequate watering of all plants, shrubs, trees and ground cover. Irrigation systems shall be installed, repaired or replaced as deemed appropriate by the City's Public Works Department. ENGINEER'S REPORT SECTION IV ESTIMATE OF COST The estimated costs of maintenance are as follows: Parks Landscaping Maintenance $ 487,400 Median Landscaping Maintenance 78,400 Utilities 4,500 Incidental Expenses S 6.500 Total Costs $ 576,800 City's Contribution S 448.800 Amount to be Assessed $ 128,000 (Parks Landscaping ($55,000) (Median Landscaping ($73,000) SECTION V ASSESSMENT The landscaping is for the benefit and enjoyment of all residents and or electric utility users within the District and all benefit from the maintenance of the improvements. The assessment of cost of a portion of the maintenance is apportioned in accordance with the estimated benefit received. By spreading the assessments by addresses and by billing on the electric bills, the users who receive the benefits are directly assessed. The method assesses each user fairly and directly by address. The assessments are according to land use such as residential, commercial and industrial. Other users are assessed and billed as follows: a. MASTER METERED UNITS. There are five mobile home parks and three apartment complexes with a total of 558 units that have master electric meters in the City. Each master meter is assessed for the total number of units it serves at the residential rate. b. NON-PROFIT USES such as churches, private schools, private hospitals, boys clubs, women's clubs, etc., received benefits from the services, therefore, they are assessed. 0 0 ENGINEER'S REPORT C. PUBLIC UTILITY -OWNED USES WHEN OCCUPIED, such as office buildings and plants are assessed the same as other similar uses, e.g. commercial or industrial. Utility rights-of-way are not assessed. d. VACANT PARCELS or vacant units are not assessed since there are no occupants who would benefit from community landscaping. e. AREAS NOT SERVED by the City of Azusa Light and Water Department. There are a few small areas in the City of Azusa which are served by Southern California Edison Company. These areas are assessed in the same manner as the rest of the City. Billings for the assessments are done by separate statements, rather than on utility bills. A summary of the assessment spread is as follows: Residential Commercial and Industrial (5 employees or less) Commercial and Industrial (6 or more employees) Parks Median Total $0.23/mo. $0.21/mo. $0.44/mo. 0.80/mo. 1.60/mo. 2.40/mo. 2.25/mo. 4.48/mo. 6.73/mo. The assessment amounts are the same as for last year. The assessments will be levied by address and will be collected monthly on the electric utility bill. Areas served by the Southern California Edison Company will be billed on separate monthly statements. The boundary of the District is the boundary of the City (Exhibit A). Lbl'l A - LUC:ATION Or PARK (2)' FIRE HAZAR0AREAS. MT 61 EMBIT A E EXTREME RISK Ax USA - H HIGH RISK - - - OPEN _ M MODERATE RISK . a L Low Rf8K •m.I f.00 SPACE 10 .! H� L J r ® PUBLIC PARKS A PUBLIC 9 PRIVATE SCHOOLS Q OUTDOOR RECREATION AREA _.,_,PUBLIC & SEMI- PUBLIC "•••• FLOOD HARZARD AREA RIGHT - OF n WAY r IF Fit - j H� L J r ® PUBLIC PARKS A PUBLIC 9 PRIVATE SCHOOLS Q OUTDOOR RECREATION AREA _.,_,PUBLIC & SEMI- PUBLIC "•••• FLOOD HARZARD AREA RIGHT - OF n WAY r IF