Resolution - 2016-29RESOLUTION NO. 2016-29
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 7, 2016 FOR LANDSCAPE
MAINTENANCE DISTRICT NO. 4 COMMENCING IN FISCAL YEAR
2016-2017 TO FUND THE OPERATION AND MAINTENANCE OF
CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN
THE BOUNDARIES OF THE DISTRICT
WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 4
WHEREAS, the City Council of the City of West Covina, California, did in
Resolution No. 2016-13) adopted on February 16, 2016, 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. 4; and
WHEREAS, the West Covina Landscape Maintenance District No. 4 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 I 9th day of April 2016, 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. 2016-13 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 April 5, 2016, which was filed in the Office of the City
Clerk of the City of West Covina, California, on the 19" day of April 2016, 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. 4 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. 4 commencing with Fiscal Year 2016-2017.
B) West Covina Landscape Maintenance District No. 4 is generally located in
the southeasterly part of the City of West Covina.
C) The existing and proposed improvements are generally described as to
landscaping, irrigation, hardscape, and paseo lighting on 130 acres of public open space 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.
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 7,
2016, 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 ofthis resolution.
PASSED, APPROVED AND ADOPTED on this 19111 day of April, 2016.
APPROVED AS TO FORM:
, (2A, v,<;), i
Kimber(oall Barlow
City Attorney
M es om
ayorT
ATTEST:
Nickolas & Lewis
City Clerk
1, 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 on the l9t" day of April, 2016, by the
following vote of City Council: '
AYES:
Johnson, Spence, Warshaw, Wu, Toma
NOES:
None
ABSENT:
None
ABSTAIN:
None
Nickolas S. L,ewis
CityClerk-_