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Resolution - 2012-31A RESOLU7 COVINA, CERTIFIED INTENTION APPROVE A YEAR 2012 1] STREET LIC WEST RESOLUTION NO.2012-31 ION OF THE CITY COUNCIL OF THE CITY OF WEST :ALIFORNIA, PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND DECLARING ITS TO HOLD A PUBLIC HEARING ON JUNE 19, 2012 TO ITYWIDE ASSESSMENTS COMMENCING IN FISCAL 013 TO FUND THE OPERATION AND MAINTENANCE OF HTS AND STREET TREES WITHIN THE DISTRICT CITYWID WHEREAS, the City Council of the City of West Covina, California, did in Resolution No. 2012-14 adopted March 6, 2012 pursuant to the provisions of the "Landscaping and Lighting Act of 1972," of the State of California; required it's 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 1 St day of May 2012, 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. 2011-13; and WHEREAS Said CityClerk has resented said report to the City Council of said City p P Y Y 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 10, 2012, which was filed in the Office of the City Clerk of the City of West Covina, California, on May 1, 2012, be and the same is hereby preliminarily approved subject to modifications at the Protest Hearing. SECTION 2. i 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 $48.69 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 2012-2013. 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. E) The improvements and assessments shall be done under Proposition 218 and the Landscaping land Lighting Act of 1912, 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. 2012-3 Page 2 SECTION 3. Public Hearing: That a Public Hearing is set for June 19, 2012, 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. That the City Clerk is hereby authorized, designated and directed to give notice of said Public Hearing in time, form, and manner as required by law. SECTION 5.I That the San Gabriel Valley Tribune, a daily newspaper of general circulation, published and circulated within the said City of West Covina, California, is hereby designated as the newspaper in which such notice shall be published. SECTION 6. 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 7. The City Clerk shall certify to the adoption of this resolution. APPROVED AND ADOPTED on this 1st day of May, 2012. Mayo Michael Touhey ATTEST: City Clerk Laurie I, LAURIE CARF that the foregoing California, at a ref the City Council: AYES: Herfej NOES: None ABSENT: None ABSTAIN: None NNEM" , CITY CLERK of the City of West Covina, California, do hereby certify .ution was duly adopted by the City Council of the City of West Covina, meeting held thereof on the 1st day of May 2012 by the following vote of Sanderson, Sotelo, Sykes, Touhey Clerk Laurie Carrico APPROVED AS TO Attorney Arnold Alvarez-Glasman