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Resolution - 2005-21RESOLUTION NO. 2005-21 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 21, 2005 TO APPROVE CITYWIDE ASSESSMENTS COMMENCING IN FISCAL • YEAR 2005-2006 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. 2005-05 adopted February 15, 2005, pursuant to the provisions of the "Landscaping and Lighting Act of 1972," of the State of California, required 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 lighting and street trees throughout the City, including fixtures and appurtenances; and WHEREAS, on the 3`d day of May 2005, 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. 2005-05; 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 19, 2005, which was filed in the Office of the City Clerk of the City of West Covina, California, on May 3, 2005, 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 $43.23 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 2005-2006. The City Council intends to confirm this assessment amount annually thereafter, increased only by any increase in the Consumer Price Index not exceeding 2%, 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) West Covina Citywide Lighting and Maintenance District includes all parcels within the boundaries of the City. C) The existing and proposed improvements are generally described as street lights, street trees, and appurtenant facilities throughout the City. D) Reference is made to the Engineer's Report, on file with the City Clerk, for a full and detailed description of the improvements. isE) The improvements and assessments shall be done under Proposition 218 and the Landscaping and Lighting Act of 1972, as amended. F) 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. Resolution No. 2005-21 May 3, 2005 • 0 SECTION 3. Public Hearing: That a Public Hearing is set for June 21, 2005, at 7:00 p.m. in the City Council Chambers located at 1444 West Garvey Avenue South 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 ten 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 on this 3`d day of May 2005. Mayor Shelley Sanderson ATTEST: llo'4 1L. �4�a-j City Clerk Lai6c Carrico I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do 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 3`d day of May 2005, by the following vote of the City Council: AYES: Hernandez, Miller, Wong, Sanderson NOES: None ABSENT: Herfert ABSTAIN: None APPROVED AS TO FORM: Ci AttorneyArt, ld Alvarez-Glasman City Clerk Laurie Carrico