Resolution - No. 2023-46RESOLUTION NO. 2023-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, DECLARING ITS
INTENTION TO LEVY AN ASSESSMENT WITHIN THE
BUSINESS IMPROVEMENT AREA KNOWN AS THE WEST
COVINA AUTO PLAZA BUSINESS IMPROVEMENT
DISTRICT FOR FISCAL YEAR 2023-24 AND SETTING THE
TIME AND PLACE FOR A PUBLIC HEARING THEREON
WHEREAS, in adopting the Parking and Business Improvement Area Law of 1989
(California Streets & Highways Code sections 36500 et seq.), the California Legislature
authorized cities to levy assessments on businesses in order to promote economic
revitalization and tourism, create jobs, attract new businesses, and prevent erosion of
business districts; and
WHEREAS, on June 1, 1993, the City Council adopted Ordinance No. 1923, which
established the West Covina Auto Plaza Business Improvement District ('District') for
purposes of levying an assessment within the District to fund the construction, operation
and maintenance of an electronic readerboard to be located adjacent to the 1-10 freeway
and benefit the West Covina Auto Plaza dealerships to be assessed. The District was
established with one hundred percent (100%) property owner consent; and
WHEREAS, on April 19, 1994, the City Council appointed the owners and/or their
representatives of the auto dealerships located in the West Covina Auto Plaza as the
advisory board of the District as required by California Streets and Highways Code
section 36530 ("Advisory Board"); and
WHEREAS, the Advisory Board has caused the annual report for Fiscal Year
2023-24 required by California Streets and Highways Code section 36533 to be prepared
and filed with the City Clerk; and
WHEREAS, the City Council has approved said annual report; and
WHEREAS, the City Council proposes to levy and collect assessments within the
District for Fiscal Year 2023-24; and
WHEREAS, this Resolution of Intention will commence proceedings under the
Parking and Business Improvement Area Law of 1989 to levy the annual assessment for
the West Covina Auto Plaza Business Improvement District for the 2023-24 Fiscal Year.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Intention; Assessment. The City Council hereby declares its
intention to levy and collect assessments in the West Covina Auto Plaza Business
Improvement District for Fiscal Year 2023-24 pursuant to California Streets & Highways
Code sections 36500 et seq. The boundaries of the West Covina Auto Plaza Business
Improvement District are set forth in Exhibit A, attached hereto and incorporated herein.
The proposed amount of the annual assessment is $16,524.00. Pursuant to California
Streets & Highways Code section 36531, new businesses commenced after the effective
date of the resolution levying the assessment will be exempt from the levy of assessment.
SECTION 2. Annual Report. An annual report on the West Covina Auto Plaza
Business Improvement District has been prepared by the Advisory Board, as required by
California Streets & Highways Code sections 36533 and 36534. Said report is on file in
the City Clerk's Office.
SECTION 3. Types of Activities to Be Funded. The proposed use of the
assessment revenue collected through the levy of the annual assessment is for financing
the operation and maintenance of an LED readerboard sign located in the West Covina
Auto Plaza adjacent to the San Bernardino Interstate 10 Freeway as well as financing of
the operation and maintenance costs for the entry monument to the Auto Plaza, which
includes the sign and landscaping located at the southwest corner of Azusa Avenue and
Garvey Avenue South. The assessment revenue is also proposed to be used to finance
landscape maintenance along Interstate 10 Freeway immediately facing and parallel to
the dealerships located within the West Covina Auto Plaza Business Improvement
District.
SECTION 4. Method and Basis of Levv. The method and basis of levying the
assessment will be pursuant to Ordinance No. 1923, which was adopted by the City
Council on June 1. 1993.
SECTION 5. Time and Place of Public Meeting/Hearing. The time and place of
the public hearing on the levy of an annual assessment for Fiscal Year 2023-24 shall be
7:00 p.m. on July 18, 2023, in the City Council Chambers located at 1444 W. Garvey
Avenue South, West Covina, California. At the public hearing set forth above, the
testimony of all interested persons for or against the annual levy of the assessment for
the West Covina Auto Plaza Business Improvement District, the extent of the area, and/or
the furnishing of specific types of improvements or activities will be heard by the City
Council.
SECTION 6. Protests. Consistent with California Streets & Highways Code
sections 36524 and 36525, the following rules shall apply to all protests:
(a) A protest may be made orally or in writing by any interested person. Any
protest pertaining to the regularity or sufficiency of the proceedings shall be
in writing and shall clearly set forth the irregularity or defect to which the
objection is made.
(b) Every written protest shall be filed with the City Clerk's Office, West Covina
City Hall, 1444 West Garvey Avenue South, West Covina, California 91790,
at or before the time fixed for the public hearing as set forth above.
(c) The City Council may waive any irregularity in the form or content of any
written protest, and, at the public hearing, may correct minor defects in the
proceedings.
(d) A written protest may be withdrawn in writing at any time before the
conclusion of the public hearing.
(e) Each written protest shall contain a description of the business in which the
person subscribing the protest is interested sufficient to identify the
business and, if a person subscribing is not shown on the official records of
the City as the owner of the business, the protest shall contain or be
accompanied by written evidence that the person subscribing is the owner
of the business. A written protest which does not comply with this section
shall not be counted in determining a majority protest.
(f) If written protests are received from the owners of businesses in the District
which will pay fifty percent (50%) or more of the assessments to be levied
and protests are not withdrawn so as to reduce the protests to less than the
fifty percent (50%), no further proceedings on the proposal to continue to
levy the assessment, as specified by this Resolution, shall be taken by the
City Council for a period of one year from the date of the filing of a majority
protest.
(g) If the majority protest is only against the furnishing of a specified type or
types of improvement or activity within the District, those types of
improvements or activities shall be eliminated.
SECTION 7. Additional Information. Any person seeking additional information
may contact Gerardo Rojas, Project Coordinator, 1444 West Garvey Avenue South,
Room 205, West Covina, California 91790; Telephone Number: (626) 939-8417.
SECTION 8. Publication. The City Clerk shall cause this Resolution of Intention
to be published once in a newspaper of general circulation in the City at least seven (7)
days before the July 18, 2023 public hearing.
SECTION 9. Certification: Effective Date. The City Clerk shall certify to the
adoption of this Resolution and shall enter the same in the book of original resolutions
and it shall become effective immediately.
APPROVED AND ADOPTED this 20th day of June, 2023.
osario Diaz
Mayor
APPROV D AS TO ORM
Thomas P. Dderte
City Attorney
ATTEST
U
Lisa S rrick
Assis t City Clerk
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina,
California, do hereby certify that the foregoing Resolution No. 2023-46 was duly adopted
by the City Council of the City of West Covina, California, at a regular meeting thereof
held on the 20th day of June, 2023, by the following vote of the City Council:
AYES: Diaz, Cantos, Tabatabai, Wu
NOES:
ABSENT: Lopez-Viado
ABSTAIN:
Lisa Sh rick
Assista City Clerk
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