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HomeMy WebLinkAboutResolution No. 92-C093RESCINDED BY RESOLUTION 92-C120 RESOLUTION NO. 92—C93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THAT THE LEVY OF ASSESSMENTS FOR THE "CITY OF AZUSA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1 (COMMUNITY MAINTENANCE FEE)" FOR THE FISCAL YEAR BEGINNING JULY 1, 1992 AND ENDING JUNE 30, 1993 REMAIN AT ZERO (0), MODIFY THE METHOD OF COLLECTION OF SUCH ASSESSMENTS, MODIFY THE METHOD OF CALCULATING SUCH ASSESSMENTS AND FIXING A TIME AND PLACE FOR A PUBLIC HEARING AND HEARING OBJECTIONS THEREON ' WHEREAS, in 1989, the City Council of the City of Azusa, California (the "City Council") formed its Landscaping and Lighting Assessment District No. 1 (the "District") and levied assessments related thereto, known as the "Community Maintenance Fees", pursuant to the provisions of the "Landscaping and Lighting Act of 1972," being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act"); and WHEREAS, the District has the same boundaries as the City of Azusa, California (the "City"); and WHEREAS, in December, 1991 the City Council adopted Resolution No. 91-C178 which caused the amount of such assessments to be reduced to zero (0) for the period beginning December 1, 1991 and ending June 30, 1992; and WHEREAS, a contribution through available City funds has been or will be provided which allows the City to maintain the assessment amount at zero (0) for the period beginning June 30, 1992 and ending July 1, 1993 without affecting the City's ability to provide the improvements and services referenced in the City Engineer's Report (the "Engineer's Report") on file with the City Clerk; and WHEREAS, on May 28 , 1992, the City adopted Resolution No 92-C59Ainitiating proceedings for maintaining the levy of annual assessments within the District at zero (0) for the fiscal year 1992-93; and WHEREAS, Section 22622 of the Act requires that the City adopt a resolution generally describing any proposed new improvements or any substantial changes in existing improvements and ordering the engineer to prepare and file a report in accordance with Article 4 of the Act; and WHEREAS, the draft Engineer's Report was prepared and filed with the City Clerk; and WHEREAS, the City's proposed 1992-93 assessment within the District will be maintained at zero (0) for the 1992-1993 fiscal year and beginning July 1, 1993 such assessment shall automatically be restored to original levels; and WHEREAS, beginning in the 1992-93 fiscal year, although no assessment will actually be collected in the 1992-93 fiscal year, and for each fiscal year thereafter, the proposed assessment is to be collected semi-annually on property tax rolls rather than monthly on utility bills; and 139592 WHEREAS, beginning in the 1992-93 fiscal year although no assessment will be collected in the 1992-93 fiscal year, and for each year thereafter, the proposed assessment amount shall be calculated based upon the benefit such improvements and services bestow upon real property within the District rather than upon occupancy; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The above recitals are true and correct. SECTION 2. It is the intention of the City Council to maintain assessments within the District at zero (0) for the fiscal year 1992-93 as available City funds can provide for the improvements and services referenced in the Report without raising assessments in the District above zero (0) for the 1992-93 fiscal year. SECTION 3. The public interest and convenience requires that beginning in the 1992- 93 fiscal year, although no assessments will be collected in the District for the 1992-93 fiscal year, and for each fiscal year thereafter, the collection method for these assessments be changed from prior years so as to be collected on property tax rolls pursuant to Section 22646 of the Act in the same manner and at the same time as county taxes are collected. Delinquent assessments are subject to the same penalties and the same procedure and sale as provided for delinquent and valorem county taxes as may be modified by law or the City Council from time to time. SECTION 4. The public interest and convenience requires that beginning in the 1992- 93 fiscal year, although no assessments will be collected in the District for the 1992-93 fiscal year, and for each year thereafter, the method for calculating these assessments be changed from prior years so that such calculations will be based upon the benefit such improvements and services bestow upon real property in the District. SECTION 5. The public interest requires that beginning July 1, 1993, the assessments in the District be automatically restored to original levels, employing the modified collection method and the modified calculation method referenced above in Sections 3 and 4. SECTION 6. The assessments are normally to be collected to finance 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 and the irrigation systems shall be operated and maintained to provide adequate watering of all plants, shrubs, trees and ground covering. Reference is made to the Engineer's Report on file with the City Clerk, as prepared pursuant to Resolution 92-059A adopted by the City Council on May 28 , 1992, for a more detailed description of the work to be done. However, for the 1992-93 fiscal year the City has determined that available City funds can be used to finance such improvements and services thereby rendering it unnecessary to collect assessments in the District. SECTION 7. The foregoing described work is to be Iocated 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. I". SECTION 8. The contemplated work, in the opinion of the City Council, is of benefit to the District, and but for the City's available funds for the 1992-93 year, the City Council would charge the District with the costs of such improvements and services. SECTION 9. The City Council hereby preliminarily approves, passes on and adopts the Engineer's Report which indicates the amount of the proposed assessment, the District boundary, detailed descriptions of improvements, and the method of collection on the property tax rolls. The Engineer's Report was submitted to the City Council and filed with the City Clerk and that report, as submitted, shall stand as the Engineer's Report for the purpose of all subsequent proceedings pursuant to this Resolution of Intention. 139592 -2- 0 0 SECTION 10. NOTICE IS HEREBY GIVEN THAT ON THE 20TH DAY OF JULY, 1992 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 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 SHOULD NOT BE APPROVED IN ACCORDANCE WITH THIS RESOLUTION OF INTENTION. THE CITY CLERK SHALL CONSIDER ALL ORAL AND WRITTEN PROTEST. WRITTEN PROTESTS MUST BE FILED WITH THE CITY CLERK PRIOR TO THE CONCLUSION OF THE HEARING AND SHALL STATE ALL GROUNDS OF OBJECTION AND A DESCRIPTION SUFFICIENT TO IDENTIFY THE PROPERTY. The City Clerk is hereby directed to provide mailed notices of this public hearing to all property owners within the District as such names appear on the County tax roll. Additionally, the City Clerk is hereby directed to give notice of such public hearing by causing a copy of this Resolution to be published once in a newspaper of general circulation for the City of Azusa, California. SECTION 11. All the work proposed shall be done in accordance with the Act. SECTION 12. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED THIS 7th DAY OF July, 1992. CITY OF AZUSA, CALIFORNIA 1 ATTEST: 4ACITYLER4� 13959 2 -3- 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 7th day of July , 1992, by the following vote of the Council: AYES: COUNCILMEMBERS: DANGLEIS, MADRID, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 13959 2 -4- 0 0 EXHIBIT A NOTICE OF PUBLIC HEARING CITY OF AZUSA, CALIFORNIA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1 LEVY OF ASSESSMENTS FOR FISCAL YEAR 1992-93 NOTICE IS HEREBY GIVEN, pursuant to Streets and Highways Code Section 22626, that on July 20, 1992 at the hour of 7:30 o'clock p.m. at the City Auditorium, 213 East Foothill Boulevard, Azusa, California, the City Council of the City of Azusa, California, shall conduct a public hearing on a report filed with the City Clerk setting forth assessments to be levied and collected on the property tax rolls for Fiscal Year 1992-93. A. The text of said Resolution is as follows: WHEREAS, in 1989, the City Council of the City of Azusa, California (the "City Council") formed its Landscaping and Lighting Assessment District No. 1 (the "District") and levied assessments related thereto, known as the "Community Maintenance Fees", pursuant to the provisions of the "Landscaping and Lighting Act of 1972," being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act"); and WHEREAS, the District has the same boundaries as the City of Azusa, California (the "City"); and WHEREAS, in December, 1991, the City Council caused the amount of such assessments to be reduced to zero (0) for the period beginning December 1, 1991 and ending June 30, 1992; and WHEREAS, a contribution through available City funds has been or will be provided which allows the City to maintain the assessment amount at zero (0) for the period beginning June 30, 1992 and ending July 1, 1993 without affecting the City's ability to provide the improvements and services referenced in the City Engineer's Report (the "Engineer's Report") on file with the City Clerk; and WHEREAS, on May 28 , 1992, the City adopted Resolution No 92-C59Ainitiating proceedings for maintaining the levy of annual assessments within the District at zero (0) for the fiscal year 1992-93; and WHEREAS, Section 22622 of the Act requires that the City adopt a resolution generally describing any proposed new improvements or any substantial changes in existing improvements and ordering the engineer to prepare and file a report in accordance with Article 4 of the Act; and WHEREAS, the draft Engineer's Report was prepared and filed with the City Clerk; and WHEREAS, the City's proposed 1992-93 assessment within the District will be maintained at zero (0) for the 1992-1993 fiscal year and beginning July 1, 1993 such assessment shall automatically be restored to original levels; and WHEREAS, beginning in the 1992-93 fiscal year, although no assessment will actually be collected in the 1992-93 fiscal year, and for each fiscal year thereafter, the proposed assessment is to be collected semi-annually on property tax rolls rather than monthly on utility bills; and 156501 -5- 0 0 WHEREAS, beginning in the 1992-93 fiscal year although no assessment will be collected in the 1992-93 fiscal year, and for each year thereafter, the proposed assessment amount shall be calculated based upon the benefit such improvements and services bestow upon real property within the District rather than upon occupancy; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The above recitals are true and correct. SECTION 2. It is the intention of the City Council to maintain assessments within the District at zero (0) for the fiscal year 1992-93 as available City funds can provide for the improvements and services referenced in the Report without raising assessments in the District above zero (0) for the 1992-93 fiscal year. SECTION 3. The public interest and convenience requires that beginning in the 1992- 93 fiscal year, although no assessments will be collected in the District for the 1992-93 fiscal year, and for each fiscal year thereafter, the collection method for these assessments be changed from prior years so as to be collected on property tax rolls pursuant to Section 22646 of the Act in the same manner and at the same time as county taxes are collected. Delinquent assessments are subject to the same penalties and the same procedure and sale as provided for delinquent and valorem county taxes as may be modified by law or the City Council from time to time. SECTION 4. The public interest and convenience requires that beginning in the 1992- 93 fiscal year, although no assessments will be collected in the District for the 1992-93 fiscal year, and for each year thereafter, the method for calculating these assessments be changed from prior years so that such calculations will be based upon the benefit such improvements and services bestow upon real property in the District. SECTION 5. The public interest requires that beginning July 1, 1993, the assessments in the District be automatically restored to original levels, employing the modified collection method and the modified calculation method referenced above in Sections 3 and 4. SECTION 6. The assessments are normally to be collected to finance 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 and the irrigation systems shall be operated and maintained to provide adequate watering of all plants, shrubs, trees and ground covering. Reference is made to the Engineer's Report on file with the City Clerk, as prepared pursuant to Resolution ,)2-05& adopted by the City Council on May 28 , 1992, for a more detailed description of the work to be done. However, for the 1992-93 fiscal year the City has determined that available City funds can be used to finance such improvements and services thereby rendering it unnecessary to collect assessments in the District. SECTION 7. 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 8. The contemplated work, in the opinion of the City Council, is of benefit to the District, and but for the City's available funds for the 1992-93 year, the City Council would charge the District with the costs of such improvements and services. SECTION 9. The City Council hereby preliminarily approves, passes on and adopts the Engineer's Report which indicates the amount of the proposed assessment, the District boundary, detailed descriptions of improvements, and the method of collection on the property tax rolls. The Engineer's Report was submitted to the City Council and filed with the City Clerk and that report, as submitted, shall stand as the Engineer's Report for the purpose of all subsequent proceedings pursuant to this Resolution of Intention. 156501 -6- SECTION 10, NOTICE IS HEREBY GIVEN THAT ON THE 20TH DAY OF JULY, 1992 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 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 SHOULD NOT BE APPROVED IN ACCORDANCE WITH THIS RESOLUTION OF INTENTION. THE CITY CLERK SHALL CONSIDER ALL ORAL AND WRITTEN PROTEST. WRITTEN PROTESTS MUST BE FILED WITH THE CITY CLERK PRIOR TO THE CONCLUSION OF THE HEARING AND SHALL STATE ALL GROUNDS OF OBJECTION AND A DESCRIPTION SUFFICIENT TO IDENTIFY THE PROPERTY. The City Clerk is hereby directed to provide mailed notices of this public hearing to all property owners within the District as such names appear on the County tax roll. Additionally, the City Clerk is hereby directed to give notice of such public hearing by causing a copy of this Resolution to be published once in a newspaper of general circulation for the City of Azusa, California. SECTION 11. All the work proposed shall be done in accordance with the Act. SECTION 12. The City Clerk shall certify the adoption of this Resolution. B. The proposed assessments for the 1992-93 fiscal year are city-wide and are in the amount of zero (0). The assessment amounts were reduced to zero (0) during the period commencing December 1, 1991 and ending June 30, 1992 and will remain at zero (0) until July 1, 1993 at which time such assessments will be restored to original levels employing the modified collection method and the modified calculation method. The assessment is proposed to be collected on the property tax roll in the same manner and at the same time as county taxes are collected. The assessment is proposed to be calculated based upon the benefit such improvements and services bestow upon real property within the District as set forth below: Assessment Formula: AFF = Adjusted Front Footagg RI 1.0 x AFF x rate Condo 0.7 x AFF x rate R2 1.8 x AFF x rate R3 4.0 x AFF x rate MHP Area x 0.5 x 50' x Rate 0.1 C 1.0 x AFF x rate M Area x 50' x 0.2 x rate 0. 17 0.17 Vacant 0 15M.1 -7- 0 0 C. At or before the time fixed for the hearing, all interested persons within the City may object to the levy and collectidh 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. 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, extension 236, 7:00 o'clock a.m. to 5:30 o'clock p.m., Monday through Thursday. CITY CLERK 156501 -8-