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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: