Resolution - 9339RESOLUTION NO. 9339
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA CONFIRMING THE REPORT OF THE CITY
ENGINEER, REVISED, DATED APRIL 30, 1996, PREPARED
PURSUANT TO RESOLUTION NO. 9297, DATED FEBRUARY 20, 1996,
AND PRELIMINARILY APPROVED PURSUANT TO RESOLUTION
NO. 9312, OF SAID COUNCIL, AND THE ASSESSMENT CONTAINED
IN SAID REPORT; ORDERING CERTAIN LANDSCAPING
MAINTENANCE, RENOVATION AND REPLACEMENT AND
APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR
BEGINNING JULY 1, 1996.
WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 4 (1996-97)
WHEREAS, the City Council of the City of West Covina, California, did in
Resolution No. 9297, of said Council, pursuant to the provisions of the "Landscaping and
Lighting Act of 1972", (now Part 2 of Division 15, Section 22500 et. seq. of the Streets and
Highways Code of the State of California), require the City Engineer of said City to make and
file with the City Clerk of the City Council, a report in writing, presenting certain matters
related to the proposed West Covina Landscape Maintenance District No. 4, as contemplated
under the provisions of said Act; and
WHEREAS, said City Engineer, pursuant to the requirements of said City Council as
expressed in Resolution No. 9297, did make and on the 7th day of May, 1996, file in the
Office of the City Clerk (who is ex-officio Clerk of the City Council) of said City, a report in
writing responsive to the requirements of said Resolution No. 9297, and as contemplated
under the provisions of said Act; and
WHEREAS, the said City Council did in Resolution No. 9312, preliminarily approve
said report on the 7th day of May, 1996, in conformity with the provisions of said Act; and
WHEREAS, said City Council did thereafter and on said 7th day of May, 1996, pass
its Resolution of Intention No. 9312, declaring its intention to order certain landscaping
maintenance, renovation and replacement and appurtenances to be maintained for the fiscal
year beginning July 1, 1996; and
WHEREAS, said City Council did on said 7th day of May, 1996, in its Resolution
No. 9313, fix and designate Tuesday, the 18th day of June, 1996, at the hour of 7:30 p.m. of
said day as the time for hearing protests in reference to the proposed maintenance and
assessment, at the Council Chamber in the City Hall, 1444 West Garvey Avenue, in the City
of West Covina, California; and ,
WHEREAS, of the time and place above stated for hearing protests in reference to the
proposed maintenance and assessment said Council did proceed to hold such hearing; and
WHEREAS, at the time and place above stated for hearing protests in reference to the
proposed maintenance and assessment, written and oral protests and objections, if any, were
filed and presented, which said protests and objections, if any, were fully and regularly heard
and considered by said Council; and
WHEREAS, said City Council is fully advised in the premises.
NOW, THEREFORE, the City Council of the City of West Covina, California, does
hereby resolve as follows:
SECTION 1. That said City Council does hereby deny any and all protests and
objections and does hereby approve, confirm and adopt the said report of said City Engineer
dated the 30th day of April, 1996, and does hereby approve and confirm the assessment
proposed for said proposed maintenance as set forth and referred to in said report, which said
report is now on file in the Office of the City Clerk of said City, open to inspection, hereby
44 referred to and made a part hereof; and said City Council does hereby also confirm and adopt
the respective instruments therein contained and designated therein as SPECIFICATIONS,
DIAGRAM AND PLAN, Estimate of Costs and Assessments, all of which, on file as
aforesaid, are hereby incorporated herein and made a part hereof.
SECTION 2. That said Council does hereby order the said contemplated maintenance
to be made in accordance with the said PLAN AND SPECIFICATIONS therefor, so adopted
and approved, and does order and determine that the fiscal year referred to in said Resolution
of Intention No. 9313 shall be and the same is hereby fixed and established as the period
commencing on July 1, 1996, and ending on June 30, 1997, both dates inclusive, as therein set
forth; and said Council does hereby levy the said proposed total assessment made to cover the
costs and expenses of said improvement upon the respective several subdivisions of land in the
assessment district described in said Resolution of Intention No. 9313 and as fixed and
determined by said report, dated April 30, 1996, as revised, and the proposed assessment,
filed therewith, as aforesaid, in the Office of the City Clerk of said City, for the fiscal year
beginning July 1, 1996, and ending June 30, 1997, both dates inclusive.
SECTION 3. That the City Council hereby orders and directs the City Treasurer to
establish a special fund entitled "West Covina Landscape Maintenance District No. 4 Fund",
and who shall place into said Fund all payments of assessments received from the County Tax
Collector and payments shall be made out of said special Fund only for the purposes provided
for in said Part 2, Division 15, Streets and Highways Code of the State of California, as set
forth in Chapter 5, Section 22655, of said Code.
SECTION 4. That the City Clerk of the said City is hereby ordered to transmit, or
cause to be transmitted to the County Auditor of Los Angeles County, State of California, as
contemplated under the provisions of the "Landscaping and Lighting Act of 1972", the
Diagram and Assessment upon which such levy is based, and the County Tax Collector of said
County (who is also the City Tax Collector for said City) is hereby designated, required,
empowered, authorized, instructed, ordered and directed to make collection of all assessments
shown in said Assessment and to perform the acts and duties as are required by law of and to
be performed by the officer, employee, or person so designated.
SECTION 5. That the City Council finds that the levy and collection of these
assessments is statutorily exempt from CEQA pursuant to Section 15273 of the Guidelines, in
that the proceeds of the assessments are to be used for meeting operating expenses, purchasing
supplies and meeting financial reserves needs and requirements.
SECTION 6. That the City Clerk shall certify to the adoption of this resolution.
APPROVED AND ADOPTED this 18th day of June , 1996
I
Mayor
Is
ATTEST:
City Clerk
I HEREBY CERTIFY that the foregoing Resolution No. 9339 was duly adopted
44 by the City Council of the City of West Covina, California, at a regular meeting thereof held
on the 18th day of June , 1996, by the following vote of the Council, to wit:
AYES: Councilmembers: Manners, McFadden, Wong, Touhey
NOES: Councilmembers: None
ABSENT: Councilmembers: Herfert
APPROVED AS TO FORM:
he's 1' L i-. • �yiCOYI
ity Attorney
•
City Clerk-
1