Resolution - 2014-14RESOLUTION NO.2014-14
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 3 2014 FOR LANDSCAPE
MAINTENANCE DISTRICT NO. 6 COMMENCING IN FISCAL YEAR
2014-2015 TO FUND THE OPERATION AND MAINTENANCE OF
CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN
THE BOUNDARIES OF THE DISTRICT
WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO.6
WHEREAS, the City Council of the City of West Covina, California, did in
Resolution No. 2014-07 adopted on March 4, 2014, 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. 6; and
WHEREAS, the West Covina Landscape Maintenance District No. 6 is exempt
from the ballot requirements of Proposition 218 providing the assessments do not increase pursuant
to Article XIII D, § 3(b) (property owner consent to initial formation); and
WHEREAS, on 141h day of April 2014, the State certified registered professional
engineer filed in the Office of the City Clerk of said City, the report in writing responsive to the
requirements of said Resolution No. 2014-07; 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. That the report of the State certified registered professional engineer
of the City of West Covina, California, dated March 28, 2014, which was filed in the Office of the
City Clerk of the City of West Covina, California, on the 141h day of April 2014, be and the same
is hereby preliminarily approved subject to modification 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
Landscape Maintenance District No. 6 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. 6 commencing with Fiscal Year
2014-2015.
B) West Covina Landscape Maintenance District No. 6 is generally located
easterly part of the City of West Covina on the westerly -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 description of the improvements, the boundaries of the assessment district, any
zones therein, and the proposed assessments.
E) The improvements and assessments shall be done under Proposition 218
and the Landscaping and Lighting Act of 1972, as amended.
Resolution No. 2014-14
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 3,
2014, 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).
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 15th day of April 2014.
Mayor
ATTEST:
r
City Clerk Nick0as S. Lewis
I, NICKOLAS S. LEWIS, 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 15th day of April 2014 by the following vote of
the City Council:
AYES: Spence, Sykes, Toma, Warshaw, Herfert
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk Nic las S: Lewis
APPROVED AS TO FORM:
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Cify Attorney Xmold Alvarez-Glasman