Resolution - 2014-15RESOLUTION NO.2014-15
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. 7 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. 7
WHEREAS, the City Council of the City of West Covina, California, did in
Resolution No. 2014-08 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. 7; and
WHEREAS, the West Covina Landscape Maintenance District No. 7 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 14th 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. 2014-08; 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 14th 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. 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 2014-2015.
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 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. 2014-15
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.
ATTEST:
ity Clerk Nic olas 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 151" 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 olas S. Lewis
APPROVED AS TO FORM:
C ty Attorney AAold Alvarez-Glasman