Ordinance - 2162ORDINANCE NO.2162
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, LEVYING AND APPORTIONING SPECIAL
TAXES IN ACCORDANCE WITH RESOLUTION NO. 2004-101 AND
2004-102 (CSS COMMUNITY FACILITIES DISTRICT)
• WHEREAS, on December 21, 2004, the City Council adopted Resolution No. 2004-101
forming "Community Facilities District No. One, Coastal Sage and Scrub (CSS) Community
Facilities District" (hereafter, the "CSS District"), pursuant to the Mello -Roos Community
Facilities Act of 1982 (Gov't Code § 53311, et seq.); and
WHEREAS, on December 21, 2004, following adoption of Resolution No. 2004-101, an
election on the levy of special taxes on parcels within the CSS District was held, the results of
which were certified by the City Council through adoption of Resolution No. 2004-102, whereby
the levying of special taxes was authorized; and
WHEREAS, pursuant to Resolution No.'s 2004-101, 2004-102, and the provisions of the
Act, the maximum rate of special taxes, and the manner of apportionment, has been determined
and a Notice of Special Tax Lien was subsequently recorded with the Los Angeles County
Recorder's Office as Instrument No. 05-0023585; and
WHEREAS, pursuant to Government Code Section 53340(a), the City Council, as
legislative body for the CSS District, now wishes to levy the special taxes at the rate and
apportion them in the manner specified in the above -described Resolutions; and
WHEREAS, the City Council exercising independent judgment has determined that the
project meets the criteria for a Class 7, Section 15307 Categorical Exemption, a Class 8, Section
15308 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.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of West
Covina as follows:
SECTION 1. The City Council hereby affirms the accuracy of the foregoing recitals.
SECTION 2. In support of Class 7 and 8 Categorical Exemptions for this action (14
CCR §§ 15307, 15308), the City Council hereby adopts the following findings:
A. The project will facilitate the establishment, maintenance, restoration and
enhancement of a natural resource, in that the project seeks to establish a community
facilities district and will impose a special tax for the purpose of funding habitat
restoration and maintenance programs pursuant to agreements reached with the U.S.
Fish & Wildlife Service and other federal and State agencies.
B. The levying and apportionment of special taxes in the CSS District for such purpose
is authorized by the Mello -Roos Community Facilities Act of 1982 (Gov't Code §
53311, et seq.; hereafter, the "Mello -Roos Act"), and the habitat restoration and
maintenance programs have been approved by all requisite federal and State
authorities, and by the City Council of the City of West Covina.
(• SECTION 3. Pursuant to Government Code Section 53340(a) and other provisions and
requirements under the Mello -Roos Act, the City Council hereby levies the special taxes
authorized by Resolution No.'s 2004-101 and 2004-102 at one-third the maximum rate specified
in said Resolutions, and hereby apportions the special taxes 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, Resolution No. 2004-101, and
Resolution No. 2004-102. No levy or apportionment of any special tax not otherwise consistent
with said authorities is authorized by this Ordinance.
Ordinance No. 2162
Page 2
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,
2007, 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 2004-101 and 2004-102. 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 CSS District and the provisions of Resolution No.'s 2004-101 and 2004-102.
SECTION 6. The City Council hereby determines that all proceedings for the formation
of the CSS District and the levy and apportionment were valid and in conformity with the
requirements of the Mello -Roos Act.
SECTION 7. The City Clerk shall certify to the passage of this Ordinance and shall be
published as required by law.
APPROVED AND ADOPTED on this 19th day of June 2007.
—",0,4
Mayor Michael Touhey
ATTEST:
ity Clerk Laurie Carrico
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 5ch day of June 2007. That thereafter said Ordinance
was duly adopted and passed at a regular meeting of the City Council on the 19`h day of June
2007, by the following vote:
AYES: Herfert, Hernandez, Lane, Sanderson, Touhey
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk aurie Carrico `
APPROVED AS TO FORM:
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y Atton cy d Alvarez-Glasman