Resolution - 2007-46RESOLUTION NO.2007-46
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. 4; ORDERING
LANDSCAPING MAINTENANCE, RENOVATION AND REPLACEMENT
AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR
BEGINNING JULY 1, 2007
WHEREAS, the City Council of the City of West Covina, California, did in Resolution
No. 2007-11 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 XIIID 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 of West Covina Landscape
Maintenance District No. 4 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 No. 2007-18 declaring its
intention to order certain landscaping maintenance, renovation and replacement and appurtenances
to be maintained for the fiscal year beginning July 1, 2007; and
WHEREAS, said City Council did fix and designate June 5, 2007, at the hour of 7:00 p.m.
of said day as the time for hearing protests 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, 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 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 City Council.
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 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 PLAN AND
SPECIFICATIONS shall be and the same is hereby fixed and established as the period commencing
on July 1, 2007, and ending on June 30, 2008, both dates inclusive, as therein set forth; and said
City 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, 2007, and ending June 30, 2008, both dates inclusive.
Resolution No. 2007-46
Page 2
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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. 4 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 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 5ffi day of June 2007.
1
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 5t6 day of June 2007, by the following vote of
the City Council:
AYES: Herfert, Hernandez, Lane, Sanderson, Touhey
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED AS TO FORM:
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Ci y Attorn At7a ld Alvarez-Glasman
City Clerk Lairrie Carrico