Ordinance - 2194ORDINANCE NO.2194
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, LEVYING AND APPORTIONING SPECIAL
TAXES IN COMMUNITY FACILITIES DISTRICT NO. 2009-1 IN
ACCORDANCE WITH RESOLUTION NO. 2009-11 AND 2009-17
WHEREAS, the City Council, exercising independent judgment, has determined that the
project meets the criteria for a Class 1, Section 15301 Categorical Exemption, a Class 4, Section
15304 Categorical Exemption, pursuant to the guidelines for implementation of the California
Environmental Quality Act ("CEQA" [Public Resources Code § 21000, et seq.]; "CEQA
Guidelines" [Title 14, Div. 6, Chapt. 3 of the Cal. Code of Regulations]), and that the proposed
project will not have a significant adverse impact on the environment;
WHEREAS; on March 3, 2009, the City Council of the City of West Covina (the "City")
adopted the "Resolution of the City Council of the City of West Covina Adopting Local Goals
and Policies Concerning Districts Formed Pursuant to the Mello -Roos Community Facilities Act
of 1982" and the "Resolution of the City Council of the City of West Covina Declaring Its Intent
to Establish Community Facilities District No. 2009-1" (referred to herein as the "Resolution of
Intent") stating its intention to establish Community Facilities District No. 2009-1 and to finance
specified public facilities and services, pursuant to the Mello -Roos Community Facilities Act of
1982 (Government Code § 53311, et seq.; the "Mello -Roos Act");
WHEREAS, on April 7, 2009, the City Council of the City of West Covina held a public
hearing on the Resolution of Intent;
WHEREAS, on April 7, 2009, after the public hearing, the City Council adopted the
"Resolution of the City Council of the City of West Covina Establishing Community Facilities
District No. 2009-1" (Resolution No. 2009-17; also referred to herein as the "Resolution of
Formation"), forming "Community Facilities District No. 2009-1" (hereafter, the "District"); and
the City Council also adopted the "Resolution of the City Council of the City of West Covina
Setting a Date for an Election on Community Facilities District No. 2009-1 for July 7, 2009
(Resolution No. 2009-18 also referred to herein as the "Resolution Calling for Special
Election");
on July 7, 2009, an election on the levy of special taxes on parcels within
the District was held'
WHEREAS,i this Ordinance will only take effect if two-thirds of the votes cast in the
special election are in favor of the levy, and such results were certified by the City Council
through adoption of the "Resolution of the City Council of the City of West Covina Certifying
the Results of the Election on the Levy of Special Taxes in Community Facilities District No.
2009-1" (Resolution No. 2009-47) whereby the levying of special taxes was authorized;
WHEREAS, pursuant to the Resolution of Intent, the Resolution of Formation, and the
provisions of the Mello -Roos Act, the maximum rate of special taxes and the manner of
apportionment has been determined, and within 15 days of an election resulting in two-thirds of
the votes cast in favor of the levy of a special tax in the District, a Notice of Special Tax Lien
will be recorded with, the Los Angeles County Recorder's Office; and
WHEREAS, pursuant to Government Code Section 53340(a), the City Council, as
legislative body for the District, now wishes to levy the special taxes at the rate, apportionment,
and in the manner specified in the above -referenced Resolutions.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West
Covina as follows:
SECTION L. The City Council hereby affirms the accuracy of the foregoing recitals.
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Ordinance No. 2194
Page 2 of
SECTION 2. In support of a Class 1 "Existing Facilities" Categorical Exemption (14
CCR § 15301) and a Class 4 "Minor Alterations to Land" Categorical Exemption (14
CCR § 15304) for this action, the City Council hereby adopts the following findings:
A. The project consists of repair, rehabilitation, maintenance, or minor alteration of
existing public facilities. The repair, rehabilitation, maintenance, or minor alteration
of the existing public facilities involve negligible or no expansion of the use of such
facilities.)
B. The project consists of repair, rehabilitation, and maintenance of public land
amounting to minor alterations in the condition of land. The project does not include
any major alteration or the removal of healthy, mature, scenic trees.
SECTION 3. Pursuant to Government Code Sections 53328, 53340(a), and other
provisions and requirements under the Mello -Roos Act, the City Council hereby levies the
special taxes as specified in said Resolutions, and hereby apportions the special taxes in such
manner.
SECTION 4. The levy and apportionment of all special taxes hereby shall be consistent
with the authorizations provided under the Mello -Roos Act, the Resolution of Intent, and the
Resolution of Formation. No levy or apportionment of any special tax not otherwise consistent
with said authorities is authorized by this Ordinance.
SECTION 5. The City Council hereby authorizes the City Manager or his/her designee
to implement all necessary steps to cause the special taxes levied hereby to be placed on the Los
Angeles County Tax Assessor's secured property tax rolls for the fiscal year commencing July 1,
2009, and continuing each subsequent fiscal year for so long as said special taxes are authorized
under the Mello -Roos Act and/or Resolution No.'s 2009-11 and 2009-17. Furthermore, the City
Council hereby authorizes the City Manager or his/her designee to cause all such special taxes to
be collected, deposited, expended, and otherwise used in a manner consistent with the provisions
of the District and the provisions of Resolution No. 2009-11 and Resolution No. 2009-17.
SECTION 6. If any part of this Ordinance, or its application to any person or
circumstance, is held to be invalid, the remainder of the Ordinance, including the application or
provision to other persons or circumstances, shall not be affected and shall continue in full force
and effect. To this end, the provisions of this Ordinance are severable.
SECTION 7i The City Clerk shall certify to the passage and adoption of this Ordinance,
causing it to be posted as required by law and it shall be effective thirty (30) days after its
adoption.
SECTION 8, The City Council hereby determines that all proceedings for the formation
of the District and the levy and apportionment were valid and in conformity with the
requirements of the Mello -Roos Community Facilities Act of 1982.
APPROVED AND ADOPTED on this 7`h day of July, 2009.
U �
Mayor Roger Hemandez
ATTEST:
Ordinance No.2194
Page 3 of 3
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing Ordinance was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 71h day of April, 2009. That thereafter said Ordinance
was duly adopted and passed at a regular meeting of the City Council on the 71h day of July,
2009, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
Herfert, Sanderson, Touhey, Hem
None
Lane
None
APPROVED AS TOTORM:
ty Attorney A nold Alvarez-Glasman
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