Resolution - 2004-82RESOLUTION NO. 2004-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, ADOPTING LOCAL GOALS AND POLICIES
CONCERNING DISTRICTS FORMED PURSUANT TO THE MELLO-
ROOS COMMUNITY FACILITIES ACT OF 1982
•WHEREAS, the Mello -Roos Community Facilities Act of 1982 (Gov't Code § 53311, et
seq.; the "Act") empowers cities and other local public entities to form Community Facilities
Districts for the purpose of levying special taxes to fund various matters specified in the Act; and
WHEREAS, Section 53312.7 of the Act requires a local agency to consider and adopt
local goals and policies concerning the use of the Act prior to the formation of a Community
Facilities District; and
WHEREAS, the City wishes to consider the formation of Community Facilities District
to provide special tax revenue to fund facilities and activities authorized by the Act, and
therefore desires to consider and adopt the goals and policies required by Section 53312.7 of the
Act; and
WHEREAS, at its meeting on October 19, 2004, the City Council considered the various
local goals and policies described in Section 53312.7 of the Act; 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, Chapter 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 City Council of the City of West
Covina, California, as follows:
SECTION 1. 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 goals and policies adopted by this
Resolution are intended to facilitate the establishment of a community facilities
district formed for the purpose of implementing federal and/or State habitat
provisions.
B. The formation of a community facilities district for such purpose is authorized by the
Mello -Roos Community Facilities Act of 1982 (Gov't Code § 53311, et seq.), 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 2. Pursuant to Government Code § 53312.7(a), the City Council hereby
adopts the following local goals and policies concerning the use of the Act:
A.Rehabilitation and maintenance of parks, parkways, open spaces, and related facilities,
shall have priority for financing from revenues collected by Districts formed pursuant
to the Act.
• B. As no bonds are anticipated to be issued by Districts formed after the date these goals
and policies are adopted, no statement regarding credit quality for bond issuance is.
necessary.
C. Prospective property purchasers shall be informed of their taxpaying obligations for
Districts formed under the Act by virtue of the recordation of a Notice of Tax Special
Tax Lien (per Gov't Code § 53328.3 and Streets & Highways Code § 3114.5), which
shall provide record notice of the same.
•
D. The equity of tax allocation formulas, and desirable maximum amounts of special tax
to be levied against any parcel pursuant to the Act, shall be evaluated by reference the
total assessed value of any given parcel, with the goal that parcels of varying assessed
values be taxed an equal fraction of such assessed value.
E. A s no bands are anticipated to be issued by Districts formed after the date these goals
and policies are adopted, no statement of definitions, standards, and assumption to be
used in appraisals per Section 53345.8 is necessary.
SECTION 3. The foregoing policies shall apply to the City's use of the Act on and after
the date of this Resolution only. Any Community Facilities Districts formed or established prior
to the date of this Resolution shall not be subject to the local goals and policies provided herein,
but shall instead remain subject to the local goals and policies in force and effect at the time of
the respective District's formation.
APPROVED AND ADOPTED this 19`h day of October, 2004.
Mayor Michael L. Miller
ATTEST:
City Clerk Janet Berry
I, JANET BERRY, CITY CLERK of the City of West Covina, do hereby certify that the
foregoing resolution was duly adopted by the City Council of the City of West Covina,
California, at a regular meeting thereof held on the 19`h day of October, 2004, by the following
vote of the City Council
AYES:
Hefert, Hernandez, Sanderson, Miller
NOES:
Wong
ABSENT:
None
ABSTAIN:
None
APPROVED AS TO FORM:
City Attorney Amold Ivarez-Glasman
V ✓V J
City Clerk Janet Berry
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