Resolution - 9446.AC..
RESOLUTION NO. 9446
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 HEARING ON JULY 15, 1997 AND
• CONDUCT A MAIL BALLOT TO APPROVE CITYWIDE
ASSESSMENTS COMMENCING IN FISCAL YEAR 1997-98 TO FUND
THE OPERATION AND MAINTENANCE OF STREET LIGHTS AND
STREET TREES THROUGHOUT THE CITY
" WEST COVINA CITYWIDE LIGHTING AND MAINTENANCE DISTRICT
WHEREAS, the City Council of the City of West Covina, California, did in
Resolution No. 9439 adopted April 22, 1997, 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 street trees and street lighting throughout the City, including fixtures
and appurtenances; and
WHEREAS, on the 6th day May, 1997, the State certified registered
professional engineer filed in the office of the City Clerk of said City, her written report in
writing responsive to the requirements of said Resolution No. 9439; 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 April 30, 1997, which was filed in
the office of the City Clerk of the City of West Covina, California, on the 6th day of May,
1997, 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 Citywide assessments in the amounts set out in the Engineer's report (with a
base of $38.44 per single family residential parcel per year) to fund operation and
maintenance of street lights and street trees throughout the City commencing with
Fiscal Year 1997-98. The City Council intends to confirm this assessment amount
annually thereafter, increased only by the any increase in the Consumer Price index,
until such time as the assessment is increased by the same mailed ballot process as
set out here or is terminated by action of the City Council or property owner voters.
B) The improvements and assessments shall be done under Proposition
218 and the Landscaping and Lighting Act of 1972, as amended.
. C) 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 shall be noticed for
and held on June 17, 1997 at 7:30 PM in the City Council Chambers located at 1444
West Garvey Avenue in the City of West Covina, on the issue of whether or not such
assessments should be levied;
SECTION 4. Public Hearing That a Public Hearing is set for Tuesday,
July 15, 1997 at 7:30 PM 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 and levied and to tally the ballots described
below;
• SECTION 5. Notice: At least 45 days before the hearing, the City Clerk is
directed to give notice of the Public Meeting and of the Public Hearing by mailing a
notice describing the proposed assessments which meets the requirements of
Proposition 218 and the Landscaping and Lighting Act of 1972 to the latest record
owner of each parcel of property in the City, including public property. The City Council
approves the form of notice attached.
SECTION 6. Ballot: Along with the notice, the City shall provide a ballot
which meets the requirements of Proposition 218 and provides for the property owner
to vote on the proposed assessments. All ballots must be returned to the City Clerk
before the end of the Public Hearing. The City Council approves the form of ballot
attached.
SECTION 7. Publication: The City Clerk shall publish this resolution at
least 10 days before the hearing as required by Government Code § 54954.6 (display
ad);
SECTION 8. Public Hearing and tabulation of votes: At the time set for
hearing, the City Council shall hear and consider all testimony. The City Council, also
shall open and tabulate all ballots before the close of the Public Hearing. The Public
Hearing may be continued from time to time.
SECTION 9. 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;
Resolution.
SECTION 10. The City Clerk shall certify to the adoption of this
APPROVED AND ADOPTED this 6th day of May, 1997
X
ATTE TED:
City 04
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City
Council of the City of West Covina, California, at a special meeting thereof held on the
6th day of May, 1997, by the following vote of the Council, to wit:
AYES: Councilmembers: Herfert, Howard, Melendez, Wong
•
NOES: Councilmembers: Touhey
ABSENT: Councilmembers: None �
City Cler
APPROVED AS TO FORM: