Resolution - 9677RESOLUTION NO. 9677
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 1, 1999 TO
APPROVE CITYWIDE ASSESSMENTS COMMENCING IN FISCAL
YEAR 1999-2000 TO FUND THE OPERATION AND MAINTENANCE OF
STREET LIGHTS AND STREET TREES WITHIN THE DISTRICT.
WEST COVINA CITYWIDE LIGHTING AND MAINTENANCE DISTRICT
WHEREAS, the City Council of the City of West Covina, California, did in Resolution
No. 9655 adopted February 2, 1999, pursuant to the provisions of the "Landscaping and Lighting.
Act of 1972", of the State of California, required its State certified register 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 lighting and street trees throughout
the City, including fixtures and appurtenances; and
WHEREAS, on the 20t" day of April 1999, the state certified registered professional
engineer filed in the office of the City Clerk of said City the written report in response to the
requirement of said Resolution No. 9655; and
WHEREAS, said City Clerk has presented said report to the City Council of said City
and said City Council has considered said report;
NOW, THEREFORE, the City Council of the City of West Covina, California, does
hereby resolves as follows:
SECTION 1. That the report of the state certified registered professional engineer of the
City of West Covina, California, dated April 20, 1999, which was filed in the office of the City
Clerk of the City of West Covina, California, on April 20, 1999, be and the same is hereby
preliminarily approved subject to modifications 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
Citywide Lighting and Maintenance District 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 lighting, street trees and appurtenant facilities throughout the City
commencing with Fiscal Year 1999-2000. 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 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 3. Public Hearin: That a Public Hearing is set for Tuesday, June 1, 1999 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 4. 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 5. 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;
SECTION 6. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 20"' day of April 1999.
ATTES ED:
rX
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 20"' day
of April 1999, by the following vote of the Council, to wit:
AYES: Herfert, Melendez, Touhey, Wong, Howard
NOES: None
ABSENT: None
APPROVED AS TO FORM: