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