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Resolution - 2006-70RESOLUTION NO.2006-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT AND THE ASSESSMENT CONTAINED IN THAT REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7; ORDERING • LANDSCAPING MAINTENANCE, RENOVATION AND REPLACEMENT AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2006, AND FIXING ASSESSMENTS FOR FISCAL YEAR 2006-2007 IN THE AMOUNT OF $292.82 FOR IMPROVED PARCELS AND $87.85 FOR UNIMPROVED PARCELS. WHEREAS, the City Council of the City of West Covina, California, did in Resolution No. 2006-12 of said City 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 XflID 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; and WHEREAS, the City Council preliminarily approved such report, in conformity with the provisions of said Act; and did thereafter pass its Resolution of Intention 2006-41 declaring its intention to order certain landscaping maintenance, renovation and replacement and appurtenances to be maintained for the Fiscal Year beginning July 1, 2006; and WHEREAS, said City Council did fix and designate August 1, 2006, at the hour of 7:00 p.m. of said day as the time for hearing protests and receiving property owner ballots in reference to the proposed maintenance and assessment, at the Council Chambers in the City Hall, 1444 West Garvey Avenue South, in the City of West Covina, California; and WHEREAS, on June 13, 2006, mailed notice of the public hearing and a ballot was sent to all owners of assessed parcels as required by law. WHEREAS, at the time and place above stated for hearing protests in reference to the proposed maintenance and assessment said City Council did proceed to hold such hearing; and WHEREAS, at the time and place above stated for hearing protest and counting ballots in reference to the proposed assessment, the City Council had the ballots in favor and against the assessment tabulated. There are 84 votes in favor of and 112 votes against the proposed assessment, with total possible votes of 381; and thus there is a majority protest against the proposed assessment. 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 accept any and all protests and objections to the proposed change in assessments and does hereby approve, confirm and adopt the said report of said Engineer and does hereby approve and confirm the existing assessment as • adjusted in the amount of $292.82 for each improved parcel and $87.85 for each unimproved parcel in Maintenance District No. 7 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 City Council does hereby order the said contemplated maintenance to be made in accordance with the said PLAN AND SPECIFICATIONS, therefore, 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, 2006, and ending • • on June 30, 2007, both dates inclusive, as therein set forth; and said City Council does hereby levy the said proposed total assessment in the amount of $94,961.85 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, 2006, and ending June 30, 2007, 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 he/she 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 Highways 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. SECTION 6. That the City Clerk shall certify to the adoption of this resolution. APPROVED AND ADOPTED this Is'day of August 2006 Mayor Xevej Herfert 1:,P" CityClerk Laurie Carrico 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 0 day of August 2006, by the following vote of the City Council: AYES: Hernandez, NOES: None ABSENT: Lane Sanderson, Touhey, Herfert APPROVED AS TO FORM: 1& 74-1 1, ty Attorney Arn 1 d-Al varez-Gl asman Laurie Carrico_" - ZARESOLUTION-2006\MD7 PH Reso 2006-07 #2.do