Resolution - 2012-22RESOLUTION NO.2012-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, I CALIFORNIA, PRELIMINARILY APPROVING THE
CERTIFIED ENGINEER'S REPORT AND DECLARING ITS
INTENTION TO HOLD A PUBLIC HEARING ON JUNE 5, 2012 FOR
LANDSCAPE MAINTENANCE DISTRICT NO. 7 COMMENCING IN
FISCAL YEAR 2012-2013 TO FUND THE OPERATION AND
MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT
FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT
k LANDSCAPE
WHEREAS, the City Council of the City of West Covina, California, did in Resolution
No. 2012-17 adopted March 6, 2012, pursuant to the provisions of Proposition 218 and the
"Landscaping and Lighting Act of 1972," of the State of California, require 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 certain landscaping
and appurtenant facilities that exist in the area of West Covina Landscape Maintenance District
No. 7; and
WHEREAS, the West Covina Landscape Maintenance District No. 7 is exempt from the
ballot requirements iof Proposition 218 providing the assessments do not increase pursuant to
Article XIII D, § 3(b) (property owner consent to initial formation); and
WHEREAS,
engineer filed in the
requirements of said
on 17th day of April 2012, the State certified registered professional
Office of the City Clerk of said City, the report in writing responsive to the
Resolution No. 2012-17; and
WHEREAS, said City Clerk has presented the said report to the City Council of said City
and said Council has considered said report;
NOW, THEREFORE, the City Council of the City of West Covina, California, does
hereby resolve as follows:
SECTION 1.1 That the report of the ,State certified registered professional engineer of the
City of West Covina, California, dated April 2, 2012, which was filed in the Office of the City
Clerk of the City of West Covina, California, on the 17th day of April 2012, be and the same is
hereby preliminarily approved subject to modification at the Protest Hearing.
SECTION 2.
A) By the I adoption of this resolution and preliminary approval of the Engineer's
Report, the City Council declares its intention to levy and collect West Covina Landscape
Maintenance District No. 7 assessments in the amounts set out in the Engineer's Report to fund
operation and maintenance of certain landscaping and appurtenant facilities that exist in the area
of West Covina Landscape Maintenance District No. 7, commencing with Fiscal Year 2012-
2013.
B) West Covina Landscape Maintenance District No. 7 is generally located in the
easterly part of the City of West Covina on the north -facing slopes of the San Jose Hills.
C) The existing and proposed improvements are generally described as to landscaping
and irrigation in public open space areas within the boundaries of the district.
D) Reference is made to the Engineer's Report, on file with the City Clerk, for a full
and detailed descripition of the improvements, the boundaries of the assessment district, any
zones therein, and the proposed assessments.
E) I The improvements and assessments shall be done under Proposition 218
and the Landscaping and Lighting Act of 1972, as amended.
Resolution No. 2012-22
Page 2
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.
SECTION 3. Public Hearing: That a Public Hearing is set for Tuesday, June 5, 2012, at
7:00 p.m. 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 ten days
before the hearing as required by Government Code § 54954.6 (display ad).
,I
SECTION 5. IThe 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 17th day of April 17, 2012.
Mayor Michael Touhey
ATTEST:
Clerk
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 held thereof on the 171h day of April 2012 by the following vote
of the City Council:
AYES: Herfert, Sanderson, Sykes, Touhey
NOES: None
ABSENT: None
ABSTAIN: None
Clerk Laurie Carrico
APPROVED AS TO FORM:
Arnold Alvarez-Glasman