Resolution - 2008-67RESOLUTION NO.2008-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE
CERTIFIED ENGINEER'S REPORT AND DECLARING ITS
INTENTION TO HOLD A PUBLIC MEETING ON NOVEMBER 4, 2008
AND PUBLIC HEARING ON DECEMBER 2, 2008 FOR LANDSCAPE
MAINTENANCE DISTRICT NO. 4 COMMENCING IN FISCAL YEAR
2009-2010 TO FUND THE OPERATION AND MAINTENANCE OF
CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN
THE BOUNDARIES OF THE DISTRICT
WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO.4
WHEREAS, the City Council of the City of West Covina, California, did in Resolution
No. 2008-58 adopted September 2, 2008, pursuant to the provisions of Proposition 218 and the
"Landscaping and Lighting Act of 1972", of the State of California, require its State certified
registered professional engineer to make and file with the City Clerk of the City Council a report
in writing, relating to assessments to fund the operation and maintenance of certain landscaping
and appurtenant facilities that exist in the area of West Covina Landscape Maintenance District
No. 4; and
WHEREAS, the West Covina Landscape Maintenance District No. 4 is exempt from the
ballot requirements of Proposition 218 providing the assessments do not increase pursuant to
Article XIII D, § 3(b) (property owner consent to initial formation); and
WHEREAS,, on 15th day of September 2008, the State certified registered professional
engineer filed in the Office of the City Clerk of said City, the report in writing responsive to the
requirements of said Resolution No. 2008-58; and
WHEREAS,. said City Clerk has presented the said report to the City Council of said City
and said Council has considered said report;
NOW, THEREFORE, the City Council of the City of West Covina, California, does
hereby resolve as follows:
SECTION 1. That the report of the State certified registered professional engineer of the City of
West Covina, California, dated September 11, 2008, which was filed in the Office of the City
Clerk of the City of West Covina, California, on the 15th day of September 2008, be and the
same is hereby preliminarily approved subject to modification at the Protest Hearing.
SECTION 2.
A) By the adoption of this resolution and preliminary approval of the Engineer's
Report, the City Council declares its intention to levy and collect West Covina Landscape
Maintenance District No. 4 assessments in the amounts set out in the Engineer's Report to fund
operation and maintenance of certain landscaping and appurtenant facilities that exist in the area
of West Covina Landscape Maintenance District No. 4 commencing with Fiscal Year 2009-
2010.
B) West Covina Landscape Maintenance District No. 4 is generally located in the
southeasterly part of the City of West Covina.
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C) The, existing and proposed improvements are generally described as to
landscaping, irrigation, hardscape, and paseo lighting on 130 acres of public open space within
the boundaries of the district.
D) Reference is made to the Engineer's Report, on file with the City Clerk, for a full
and detailed description of the improvements, the boundaries of the assessment district, any
zones therein, and the proposed assessments.
E) The improvements and assessments shall be done under Proposition 218 and the
Landscaping and Lighting Act of 1972, as amended.
Resolution No. 2008-67
Page 2 of 2
F) The assessments shall be collected on the property tax bill with and subject to the
same procedures and penalties for delinquency as general county property taxes.
SECTION .3. Public Meeting: That a Public Meeting is set for Tuesday, November 4, 2008, at
7:00 p.m. in the City Council Chambers located at 1444 West Garvey Avenue in the City of
West Covina, to provide information to the public on the issue of the proposed assessments
increase.
SECTION 4. Public Hearing: That a Public Hearing is set for Tuesday, December 2, 2008, at
7:00 p.m. in the City Council Chambers located at 1444 West Garvey Avenue in the City of
West Covina, to take the testimony on the issue of whether or not the assessments should be
approved.
SECTION 5. Publication: The City Clerk shall publish this resolution at least ten days before
the hearing as required by Government Code § 54954.6 (display ad).
SECTION 6. The City Council finds that the levy and collection of these assessments is
statutorily exempt from the California Environmental Quality Act under § 15273 of the
Guidelines, as none of the proceeds will be used for capital expenses, but will be used instead for
operation and maintenance.
SECTION 6. The City Clerk shall certify to the adoption of this resolution.
APPROVED AND ADOPTED on this 7th day of October 2008.
Mayor erri Lane
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, 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 held thereof on the 7th day of October 2008, by the following
vote of the City Council:
AYES: Herfert, Hernandez, Sanderson, Touhey, Lane
NOES: None
ABSENT: None
ABSTAIN: None.Lav
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City Clerk L urie Carrico-,T.
APPROVED AS TO FORM:
City Attorney Arno ` Alvarez-Glasman