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Resolution - 2017-47RESOLUTION NO. 2017-47 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, TO LEVY ASSESSMENTS WITHIN THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT AREA FOR FISCAL YEAR 2017-2018, AND PROVIDING NOTICE OF PUBLIC HEARING THEREON TO BE CONDUCTED JULY 18, 2017 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 2017-18. 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 monument to the Auto Plaza, which includes the sign and landscaping located at the southwest corner of Azusa Avenue and Garvey Avenue South. SECTION 3: Because the assessment is not being increased, the District is not required to comply with Proposition 218. SECTION 4: 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 5: NOTICE IS HEREBY GIVEN that the City Council will provide an opportunity for public testimony on the proposed assessment for Fiscal Year 2017-18 at its July 18, 2017 meeting at 7 p.m. at the West Covina City Council Chambers located at 1444 W. Garvey Avenue South, West Covina, California. 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 of the business within the District 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 faun 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. c.. 7.10149 Kiniberly Hallnarlow City Attorney If written protests as to the proposed levy of assessments for Fiscal Year 2017-18 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 2017-18 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 PAULINA MORALES, ECONOMIC DEVELOPMENT & HOUSING MANAGER, CITY OF WEST COVINA, 1444 WEST GARVEY AVENUE, ROOM 218, WEST COVINA, CALIFORNIA 91790; TELEPHONE NUMBER (626) 939-8417. SECTION 6: 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. If the Council determines to levy the assessment, it may adopt a resolution confirming so. SECTION 7: 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 18, 2017 public hearing. SECTION 8: This resolution shall take effect immediately upon adoption. SECTION 9: The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED, AND ADOPTED this 20 th day of June, 2017. Corey shaw Mayor APPROVED AS AS TO FORM: ATTEST: 2 1, 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 on the 20 th day of June, 2017 by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: Johnson, Spence, Toma, Wu, Warshaw None None None 3