Resolution - 9341RESOLUTION NO. 9341
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, CONFIRMING THE REPORT OF THE CITY
ENGINEER, DATED APRIL 30, 1996, PREPARED PURSUANT TO
RESOLUTION NO. 9299, DATED FEBRUARY 20, 1996, AND APPROVED
48 PRELIMINARILY PURSUANT TO RESOLUTION NO. 9316 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. 7
(FISCAL YEAR 1995-96)
WHEREAS, the City Council of the City of West Covina, California, did in
Resolution No. 9299 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. 7 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. 9299 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. 9299, and as contemplated under
the provisions of said Act; and
WHEREAS, the said City Council did in Resolution No. 9316 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. 9317 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. 9317, 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, at 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 protest in reference to
the proposed maintenance and assessment, written and oral protests and objections, if any, were
filed and presented, which said protests and objectives, 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 7th day of May 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 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
44 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. 9317 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. 9317 and as fixed
and determined by said report, dated May 7, 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. 7 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 81 th day ofJune 1996.
• Mayor
ATTEST:
City Cle
I 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 L8thday
of June 1996, by the following vote of the Council, to wit:
AYES: Councilmembers: Manners, McFadden, Touhey
NOES: Councilmembers: None
ABSENT: Councilmembers: Herfert
ABSTAIN: Councilmembers: Wong
(� City C
APPROVED AS TO FORM:
ctb e� U . ►'for,
City Attorney
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