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HomeMy WebLinkAboutResolution No. 92-C0920 0 BSSCINDED BY BBSOLUTION 92-C120 RESOLUTION NO. U --C92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DECLARING ITS INTENTION TO MAINTAIN THE ANNUAL CITYWIDE "FIRE SUPPRESSION BENEFIT" ASSESSMENTS AT ZERO FOR THE FISCAL YEAR BEGINNING JULY 1, 1992 AND ENDING JUNE 30, 1993, AMEND COLLECTION PROCEDURES FOR SUCH ASSESSMENTS AND AMEND THE CALCULATION METHOD FOR SUCH ASSESSMENTS WHEREAS, in the 1989-90 and 1990-91 fiscal years, the City Council of the City of Azusa, California (the "City Council") levied and collected a citywide Fire Suppression Benefit Assessment (the "Benefit") on the utility bills to fund a portion of the City of Azusa, California's (the "City") contract with Los Angeles County Fire Protection District for fire protection and suppression pursuant to Government Code Sections 50078 et 5N. (the "Code"); and WHEREAS, during the 1991-92 fiscal year, the City adopted Resolution No. 91-C178 which reduced the annual Fire Suppression Benefit to zero ("0") but which also provided that on July 1, 1992, the rates would be restored to their original levels and the assessments continued as before; and WHEREAS, the City Council has determined that additional City funds are available to fund the City's contract with the Los Angeles County Fire Protection District for fire protection and suppression thereby making it unnecessary to collect the Benefit for the 1992-93 fiscal year; and WHEREAS, the City proposes to maintain the Benefit at zero ("0") for the 1992-93 fiscal year but that on July 1, 1993 such assessment shall automatically be restored to original levels employing the method of collection and method of calculation described below; and WHEREAS, the public interest and convenience requires that the collection method for the assessments be amended beginning in the 1992-93 fiscal year, although no collection will be made for the 1992-93 fiscal year, and for each fiscal year thereafter, so as to be collected on annual property tax rolls pursuant to Government Code Section 50078.16 rather than on utility bills as in previous years; and WHEREAS, the public interest and convenience requires that the method by which these assessments are calculated shall be amended beginning in the 1992-93 fiscal year although no collection will be made for the 1992-93 fiscal year, and for each year thereafter, so as to be based upon the benefit which real property in the City derives from the City's contract with the Los Angeles County Fire Protection District; and WHEREAS, on May 28 , 1992, the City adopted Resolution 92-059B initiating proceedings for maintaining the levy of annual Benefit assessments at zero (0) for the 1992-93 fiscal year and ordering the City Engineer to file a report in accordance with Section 50078.4 of the Code; and WHEREAS, such report has been prepared and filed with the City Clerk; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: 140572 0 0 SECTION 1. The above recitals are true and correct. SECTION 2. It is the intention of the City that the Benefit shall remain at zero (0) for the 1992-93 fiscal year but on July 1, 1993 such assessments shall be automatically restored to original levels employing the collection method and calculation method described in Section 3 and 4 below. SECTION 3. It is the intention of the City that starting with the fiscal year beginning July 1, 1992 and ending June 30, 1993, although no assessment will be collected during the 1992-93 fiscal year, and for each fiscal year thereafter, annual assessments for the Benefit shall be collected on the property tax rolls. SECTION 4. It is the intention of the City that starting with the fiscal year beginning July 1, 1992 and ending June 30, 1993, although no assessment will be collected during the 1992-93 fiscal year, and for each fiscal year thereafter, annual assessments for the Benefit shall be calculated based upon the benefit derived by real property in the City from the City's contract with the Los Angeles County Fire Protection District. SECTION 5. The City Engineer was ordered to prepare a report in accordance with Government Code Section 50078.4 setting forth the amounts of these assessments and the method by which these assessments are calculated and such report is currently on file with the City Clerk. SECTION 6. 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 MAY APPEAR AND SHOW CAUSE WHY SAID LEVY SHOULD NOT BE APPROVED IN ACCORDANCE WITH THIS RESOLUTION OF INTENTION. THE CITY CLERK SHALL CONSIDER ALL ORAL AND WRITTEN PROTEST. WRITTEN PROTESTS SHALL 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. SECTION 7. The City Clerk is hereby directed to provide mailed notices of this public hearing to all property owners subject to the Benefit 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 twice in a newspaper of general circulation for the City, allowing five (5) days to elapse between the first and the second publication. SECTION 8. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED THIS 7th DAY OF July 1992. CITY OF AZUSA, CALIFORNIA 14057.2 -2- 0 0 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: COUNCnMEMBERS: DANGLEIS, MADRID, NARANJO, ALEXANDER, MOSES NOES: NONE ABSENT: COUNCILMEMBERS: NONE i CITY 1"11.4d 1407.2 -3- 0 0 EXHIBIT A NOTICE OF PUBLIC HEARING CITY OF AZUSA, CALIFORNIA FIRE SUPPRESSION BENEFIT LEVY OF ASSESSMENTS FOR FISCAL YEAR 1992-93 NOTICE IS HEREBY GIVEN, pursuant to Government Code Section 50078.6, that on July 20, 1992 at the hour of 7:30 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 the 1989-90 and 1990-91 fiscal years, the City Council of the City of Azusa, California (the "City Council") levied and collected a city wide Fire Suppression Benefit Assessment (the "Benefit") on the utility bills to fund a portion of the City of Azusa, California's (the "City") contract with Los Angeles County Fire Protection District for fire protection and suppression pursuant to Government Code Sections 50078 et LN. (the "Code"); and WHEREAS, during the 1991-92 fiscal year, the City adopted Resolution No. 91-C178 which reduced the annual Fire Suppression Benefit to zero ("0") but which also provided that on July 1, 1992, the rates would be restored to their original levels and the assessments continued as before; and WHEREAS, the City Council has determined that additional City funds are available to fund the City's contract with the Los Angeles County Fire Protection District for fire protection and suppression thereby making it unnecessary to collect the Benefit for the 1992-93 fiscal year; and WHEREAS, the City proposes to maintain the Benefit at zero (0) for the 1992-93 fiscal year but that on July 1, 1993 such assessment shall automatically be restored to original levels employing the method of collection and method of calculation described below; and WHEREAS, the public interest and convenience requires that the collection method for the assessments be amended beginning in the 1992-93 fiscal year, although no collection will be made for the 1992-93 fiscal year, and for each fiscal year thereafter, so as to be collected on annual property tax rolls pursuant to Government Code Section 50078.16 rather than on utility bills as in previous years; and WHEREAS, the public interest and convenience requires that the method by which these assessments are calculated shall be amended beginning in the 1992-93 fiscal year although no collection will be made for the 1992-93 fiscal year, and for each year thereafter, so as to be based upon the benefit which real property in the City derives from the City's contract with the Los Angeles County Fire Protection District; and WHEREAS, on May 28 , 1992, the City adopted Resolution 92-059B initiating proceedings for maintaining the levy of annual Benefit assessments at zero (0) for the 1992-93 fiscal year and ordering the City Engineer to file a report in accordance with Section 50078.4 of the Code; and WHEREAS, such report has been prepared and filed with the City Clerk; and 140572 -4- 0 0 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 that the Benefit shall remain at zero (0) for the 1992-93 fiscal year but on July 1, 1993 such assessments shall be automatically restored to original levels employing the collection method and calculation method described below. SECTION 3. The public interest and convenience require that starting with the fiscal year beginning July 1, 1992 and ending June 30, 1993, although no assessment will be collected during the 1992-93 fiscal year, and for each fiscal year thereafter, annual assessments for the Benefit shall be collected on the property tax rolls. SECTION 4. The public interest and convenience require that starting with the fiscal year beginning July 1, 1992 and ending June 30, 1993, although no assessment will be collected during the 1992-93 fiscal year, and for each fiscal year thereafter, annual assessments for the Benefit shall be calculated based upon the benefit derived by real property in the City from the City's contract with the Los Angeles County Fire Protection District. SECTION 5. The City Engineer was ordered to prepare a report in accordance with Government Code Section 50078.4 setting forth the amounts of these assessments and the method by which these assessments are calculated and such report is currently on file with the City Clerk. SECTION 6. NOTICE IS HEREBY GIVEN THAT ON 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 MAY APPEAR AND SHOW CAUSE WHY SAID LEVY SHOULD NOT BE APPROVED IN ACCORDANCE WITH THIS RESOLUTION OF INTENTION. THE CITY CLERK SHALL CONSIDER ALL ORAL AND WRITTEN PROTEST. WRITTEN PROTESTS SHALL 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. SECTION 7. 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 twice in a newspaper of general circulation for the City, allowing five (5) days to elapse between the first and the second publication. SECTION 8. The City Clerk shall certify the adoption of this Resolution. B. The proposed assessments for the 1992-1993 fiscal year are citywide 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 methods described above. 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 the contract between the City and the Los Angeles County Fire Protection District bestows upon real property within the City, as set forth below: 140572 -5- Assessment Formula' R1 Condo R2 R3 MHP C M 0to.9AC 1 AC + Vacant AFF = Adjusted Front Footage 1.0 x AFF x rate 1.0 x 50' x rate 1.8 x AFF x rate .6 x # units x 50' x rate # units x 0.4 x 50' x rate 3 x AFF x rate (2) Acre x 50' x rate 0.17 (1) Acre x 50' x rate 0.17 0.1 x AFF x rate 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. 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. 14057 2 -6-