Resolution - 2004-61RESOLUTION NO. 2004-61
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 2004-05, AND PROVIDING NOTICE OF PUBLIC
HEARING THEREON TO BE CONDUCTED JULY 20, 2004
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 2004-05.
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 Exhibit A 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 IS HEREBY GIVEN that the City Council will provide an
opportunity for public testimony on the proposed assessment for Fiscal Year 2004-05 at it's July 20,
2004 meeting at the West Covina City Council Chambers at 7 P.M. located at 1444 W. Garvey
Avenue S. At the meeting, the assessment is proposed to be increased from Fiscal Year 2003-04.
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 of 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 in the form of 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 2004-05 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 2004-05 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 MICHAEL LEE, REDEVELOPMENT
MANAGER, WEST COVINA REDEVELOPMENT AGENCY, 1444 WEST GARVEY AVENUE,
ROOM 218, WEST COVINA, CALIFORNIA 91790; TELEPHONE NUMBER (626) 939-8417.
2004-61 - Auto Plaza public hearing I
SECTION 7: At the conclusion of the hearing, the City Council may adopt, revise, change,
reduce or modify (but may not increase) the proposed assessment or type of improvements to be
funded, but the City 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 20, 2004 public
hearing.
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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 of West Covina at a regular
meeting thereof held on the 6th day of July 2004.
Mayor Michael L. Miller
ATTEST:
c4a 6
City Clerk Janet Ber
I HEREBY CERTIFY that the foregoing Resolution No. 2204-61 was duly adopted by the
City Council of the City of West Covina at a regular meeting thereof held on the 15th day of June
2004, by the_following vote:
AYES: Sanderson, Wong, Miller
NOES: None
ABSENT: Herfert, Hernandez
F.119• ' ePl�r:IIelffe7e7uA
Ci y Attorney ArnoYd Alvarez-Glasman
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City Clerk Janet ry
2004-61 - Auto Plaza public hearing 2