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Home My WebLink AboutCC RESO 2004 - 148RESOLUTION NO. 2004 — 148 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY STATING ITS INTENTION TO ESTABLISH THE DOWNTOWN NATIONAL CITY MANAGEMENT DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS WITHIN SUCH DISTRICT PURSUANT TO THE PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994, PART 7 OF DIVISION 18 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND APPOINTING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO WHEREAS, pursuant to the Property and Business Improvement District Law of 1994, Part 7 of Division 18 of the California Streets and Highways Code, commencing with Section 36600 (the "Law"), the City Council adopted Resolution No.2004-98, dated June 15, 2004, entitled "A Resolution of the National City City Council Stating its Intention to Establish the Downtown Business Improvement District and to Levy and Collect Assessments" and set a time and place for hearing objections thereto. Such resolution, among other things, adopted the Management District Plan on file in the office of the City Clerk; and WHEREAS, the City Council caused notice of a public hearing concerning the proposed establishment of the Downtown Business Improvement District and the proposed levy of assessments to be duly mailed, as required by law, to the record owner of each parcel proposed to be assessed within the District; and WHEREAS, a public hearing concerning the proposed establishment of the Downtown Business Improvement District for a five (5) year period and the proposed levy of assessments was held on June 15, 2004 at the hour of 3:00 p.m. located at National City California; and WHEREAS, at the public hearing, staff presented to the City Council the Management District Plan along with modifications, if any. Such modifications do not substantially change the proposed assessments, and do not revise, change or modify the boundaries of the proposed District, the type or types of improvements or activities to be funded with the revenues from the assessments, or the proposed assessment rates. The City Council hereby orders such modifications, if any, to the Management District Plan as presented to the City Council and now on file in the office of the City Clerk; and WHEREAS, at the public hearing, the testimony of all interested persons for or against the establishment of the Downtown National City Business Improvement District, the levy of assessments within such District, and the type or types of improvements and activities to be funded with the revenues from the assessments was heard and considered, and a full, fair and complete hearing was held; and Resolution No. 2004 —148 August 3, 2004 Page Two WHEREAS, the City Council heard and considered all objections or protests to the proposed assessments and tabulated the assessment ballots submitted, and not withdrawn, in support of or opposition to the proposed assessments. The City Council hereby finds that a majority protest does not exist as defined in Section 4(e) of Article XIIID of the California Constitution and Section 53753 of the California Government Code. All objections or protests, both written and oral, are hereby duly overruled; and WHEREAS, the public interest, convenience and necessity require the proposed establishment of the Downtown Business Improvement District; and WHEREAS, in the opinion of the City Council, the property within the Downtown Business Improvement District will be benefited by the improvements and activities to be funded by the assessments, and no assessment has been imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. following: NOW THEREFORE, the National City City Council hereby resolves the Section 1. Establishment of District. Pursuant to the Law, the Downtown Property and Business Improvement District (the "District") is hereby established. Section 2. Description of District. The boundaries of the proposed District are described in the Downtown National City Property Business Improvement District Management Plan. Section 3. Amount of Assessment. (a) Except where funds are otherwise available, an assessment will be levied annually to pay for all the improvements and activities to be provided within the District, commencing with fiscal year 2004-05 and ending with fiscal year 2009-10. For purposes of levying and collecting assessments within the District, a fiscal year shall commence each July 1st and end on the following June 30th. (b) The total amount of the proposed assessment to be levied and collected for fiscal year 2004-05 shall be $240,772.01. The amount of the assessment may increase in subsequent fiscal years as a result of increases in the assessment rates in accordance with increases in the Consumer Price Index for the National City area, which increases shall not exceed five (5) percent per year, or as a result of events other than an increased rate or revised methodology, such as a change in parcel street frontage. Resolution No. 2004 — 148 August 3, 2004 Page Three (c) The method and basis of levying the assessment is set forth in the Management District Plan on file in the office of the City Clerk. Section 4. Fund. There is created a special fund designated as "The Downtown Property and Business Improvement District Fund" into which all revenue derived from assessments levied pursuant to this Resolution shall be placed, and such funds shall be used only for the purposes specified in this Resolution. This fund may be subject to an annual independent audit of financial statements. Section 5. Use of Revenues. The proposed activities for the District include streetscape, sidewalk, parkway and street furniture maintenance, repair and replacement including but not limited to trees, sidewalk pavement, sidewalk bollards, street furniture, trash receptacles and street lights as well as periodic landscape maintenance and steam cleaning services which benefit businesses and real property located in the District. Section 6. Contract Services. The City may contract with a separate private agency to administer the activities described in Section 5 above. Any agency that holds funds in trust for purposes related to the contract may be required to, at no expense to the City, provide an annual independent report of audited financial statements by a certified public accountant of these funds. The report may be funded from assessment proceeds as part of the general administration of the District. At all times the City shall reserve full rights of accounting of this fund. Section 7. Amendments. Properties within the District .established by this Resolution shall be subject to any amendments to the Law. Section 8. Recordation of Notice and Diagram. The City Clerk or a designee is hereby authorized and directed to record a notice and an assessment diagram pursuant to Section 36627 of the California Streets and Highways Code following adoption of this Resolution. Section 9. Levy of Assessment. The adoption of this Resolution and recordation of the notice and assessment diagram pursuant to Section 36627 of the Califomia Streets and Highways Code constitutes the levy of an assessment in each of the fiscal years referred to in the Management District Plan. Each year, the County Auditor of the same shall enter on the County Assessment Roll opposite each lot or parcel of land the amount of the assessment and such assessment shall then be collected at the same time and in the same manner as the City taxes are collected. Resolution No. 2004 — 148 August 3, 2004 Page Four Section 10. Baseline Services. To ensure that assessment revenues from the District are used to enhance the current level of services provided by the City within the District, the City Council hereby establishes the baseline levels of service, if any, set forth in the Management District Plan throughout the duration of the District; provided, however, that in the event of a significant downturn in countywide revenues, the City Council may reduce the level of public services countywide, including within the District. PASSED and ADOPTED this 3rd day of August, 2004. ATTEST: I//J4 Mich el Dalla, City Clerk APPROVED AS TO FORM: ae George H. Eiser, III City Attorney Nick I—u za, 'mayor