Resolution - 9599RESOLUTION NO. 9599
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA TO LEVY ASSESSMENTS WITHIN THE WEST
COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT AREA
FOR FISCAL YEAR 1998-99, AND PROVIDING NOTICE OF PUBLIC
HEARING THEREON TO BE CONDUCTED JULY 21, 1998
The City Council of the City of West Covina resolves as follows:
SECTION 1: The City Council proposes to levy and collect assessments within the West
Covina Auto Plaza Business Improvement District Area ("Area") for Fiscal Year 1998-99.
SECTION 2: 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 designated Area. The District was established with one hundred
percent (100%) property owner consent. The proposed use of the assessment revenue collected is
for financing the construction, operation and maintenance of an electronic 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 statement to the Auto Plaza, which
includes the sign and landscaping located at the southwest corner of Azusa Avenue and Garvey
Avenue South.
SECTION 3: The boundaries and locations of the Area are set forth in Attachment No. I
and incorporated herein by reference. The boundaries are not proposed to change. The
improvements and activities to be financed are set out in the Annual Report which is on file and
available in the office of the City Clerk.
SECTION 4: District is exempt from Proposition 218 pursuant to Article XIIID, Section
5(b) as long as it does not increase.
SECTION 5: The Advisory Board for the District filed with the City Clerk an Annual
Report pursuant to the Parking and Business Improvement Area Law of 1989 (Streets and Highways
Code Section 36500, et seq.), which describes the proposed improvements and activities authorized
by Ordinance No. 1923. The Annual Report is available in the office of the City Clerk.
SECTION 6: NOTICE HEREBY IS GIVEN THAT THE CITY COUNCIL WILL
PROVIDE AN OPPORTUNITY FOR PUBLIC TESTIMONY ON THE PROPOSED
ASSESSMENT FOR FISCAL YEAR 1998-99. AT ITS JULY 21, 1998 MEETING, THE
ASSESSMENT IS PROPOSED TO BE INCREASED.
PROTESTS MAY BE MADE ORALLY OR IN WRITING BY ANY INTERESTED
PERSON. ANY WRITTEN PROTEST MUST CONTAIN A DESCRIPTION OF THE
BUSINESS AND EVIDENCE THAT THE PERSON SUBMITTING IT IS THE OWNER IF
HE/SHE IS NOT SHOWN AS SUCH ON CITY RECORDS. A PROTEST WHICH DOES NOT
IDENTIFY THE BUSINESS OR OWNER WILL NOT BE CONSIDERED. ANY PROTEST
REGARDING THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE
IN WRITING AND SHALL CLEARLY SET FORTH THE DEFECT. THE CITY COUNCIL
MAY WAIVE ANY IRREGULARITY IN THE FORM OR CONTENT OF A. PROTEST. A
WRITTEN PROTEST MUST BE FILED WITH THE CITY CLERK AT OR BEFORE THE TIME
SET FOR HEARING AND MAY BE WITHDRAWN IN WRITING ANY TIME BEFORE THE
CONCLUSION OF THE PUBLIC HEARING.
IF WRITTEN PROTESTS AS TO THE PROPOSED LEVY OF ASSESSMENTS FOR
FISCAL YEAR 1998-99 ARE RECEIVED (AND NOT WITHDRAWN) FROM OWNERS OF
BUSINESSES WHICH WILL PAY 50% OR MORE OF THE TOTAL ASSESSMENTS, NO
FURTHER PROCEEDINGS TO LEVY THE PROPOSED ASSESSMENTS FOR FISCAL YEAR
1998-99 WILL BE TAKEN FOR ONE YEAR FROM THE DATE OF THE MAJORITY
PROTEST. IF THE MAJORITY PROTEST IS ONLY AGAINST THE FURNISHING OF A
•
SPECIFIED TYPE OR TYPES OF IMPROVEMENT OR ACTIVITY WITHIN THE AREA,
THOSE TYPES OF IMPROVEMENTS OR ACTIVITIES SHALL BE ELIMINATED.
FOR ADDITIONAL INFORMATION: CONTACT CHESTER YOSHIZAKI,
REDEVELOPMENT DIRECTOR, WEST COVINA REDEVELOPMENT AGENCY, 1444 WEST
GARVEY AVENUE, ROOM 218, WEST COVINA, CALIFORNIA 91790; TELEPHONE
NUMBER (626) 814-8417.
SECTION 7: At the conclusion of the hearing, the Council may adopt, revise, change,
reduce or modify (but may not increase) the proposed assessment or type of improvements to be
funded, but the Council may only reduce the boundaries or assessments. if the Council determines to
levy the assessment, it may adopt a resolution confirming so.
SECTION 8: The City Clerk will 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 21, 1998 public
hearing.
SECTION 9: This resolution shall take effect immediately upon adoption.
SECTION 10: The City Clerk shall certify to the adoption of this resolution.
APPROVED AND ADOPTED by the City Council of the City
meeting thereof held on the 7th day of July 1998.
ATTEST:
- .City -Clerk
West Covina at a regular
I HEREBY CERTIFY that the foregoing Resolution No. 9599 was duly adopted by the
City Council of the City of West Covina at a regular meeting thereof held.on the 7th day of July 1998,
by the following vote:
AYES: Herfert, Howard, Touhey, Wong, Nelendez
NOES: None
ABSENT: None
ABSTAIN: None `
City Clerk
APPROVED AS TO FORM:
�zCl,c��-l�J rYlcc.t
Ci7 ty Attorne
apMbixes
2