Resolution - 9553RESOLUTION NO. 9553
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 JUNE 2, 1998 FOR
' LANDSCAPE MAINTENANCE DISTRICT NO. 7 COMMENCING IN
FISCAL YEAR 1998-99 TO FUND THE OPERATION AND
MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT
FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT.
WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 7
WHEREAS, the City Council of the City of West Covina, California, did in
Resolution No. 9540 adopted February 17, 1998, 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. 7.
WHEREAS, the West Covina Landscape Maintenance District No. 7 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 the 7`h day of April 1998, 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. 9540 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 7, 1998, which was filed in
the office of the City Clerk of the City of West Covina, California, on the 7th day of April
1998, 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. 7 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. 7 commencing with Fiscal Year 1998-99. The City Council
intends to confirm this assessment amount annually thereafter, increased only by any
increase in the Consumer Price Index, until such time as the assessment is increased
• by the mailed ballot process as set out in the provisions of Proposition 218 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 4. Public Hearina: That a Public Hearing is set for Tuesday,
JUNE 2, 1998 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;
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 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 71h day of
w
ATTESTED:
City Clerk
LoW.1
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
7th day of April 1998, by the following vote of the Council, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED AS TO FORM:
maAdn2
City Attorney
0
Howard, Touhey, Melendez
None
Herfert, Wong
City Clerk