Resolution - 9578RESOLUTION NO. 9578
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, CONFIRMWG THE ENGINEER'S REPORT OF
THE ASSESSMENT CONTAINED IN THAT REPORT; ORDERING
CERTAIN LANDSCAPING MAINTENANCE, RENOVATION AND
• REPLACEMENT AND APPURTENANCES TO BE MAINTAINED FOR
FISCAL YEAR BEGINNING JULY 1, 1998.
WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO.7
(FISCAL YEAR COMMENCING 1998-99)
WHEREAS, the City Council of the City of West Covina, California, did in
Resolution No. 9540 of said Council, pursuant to the provisions of the "Landscaping and Lighting
Act of 1972", (Part 2 of Division 15, Section 22500 et seq. of the Streets and Highways Code of
the State of California), and Proposition 218 (Article 7C)ID of the California Constitution) require a
State certified engineer to make and file with the City Clerk a report in writing, presenting certain
matters related to annual confirmation West Covina Landscape Maintenance District No. 7 as
contemplated under the provisions of said Act; and
WHEREAS, such Engineer did make and file in the Office of the City Clerk of said
City, a report in writing responsive to the requirements of the Act and Proposition 218;
WHEREAS, the City Council preliminarily approved such report, in conformity
with the provisions of said Act; and did thereafter pass its Resolution of Intention 9553 declaring its
intention to order certain landscaping maintenance, renovation and replacement and appurtenances
to be maintained for the fiscal year beginning July 1, 1998; and
WHEREAS, said City Council did fix and designate Tuesday, June 2, 1998 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
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 Engineer 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 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 shall be
and the same is hereby fixed and established as the period commencing on July 1, 1998, and
ending on June 30, 1999, 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 and as fixed and
determined by said report, 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, 1998, and ending June
30, 1999, 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 FTighways 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.
ATTEST:
SECTION 6. That the City Clerk shall certify to the adoption of this resolution.
APPROVED AND ADOPTED this 2nd day of June 1998.
City Clerk%
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 2od day of June
1998, by the following vote of the Council, to wit:
AYES: Councilmembers: Herfert, Howard, Touhey, Melendez
NOES: Councilmembers: None
ABSENT: Councilmembers: None
0 ABSTAIN: Councilmembers: Wong
APPROVED AS TO FORM:
( mar-,
City Attorney -U
City Clerk