Resolution - 2016-31RESOLUTION NO. 2016-31
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. 7 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. 7
WHEREAS, the City Council of the City of West Covina, California, did in Resolution
No. 2016-15 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. 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 the 190' 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. 2016-15; 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 I 91h 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. 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 2016-2017.
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.
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 of this resolution.
PASSED, APPROVED AND ADOPTED on this 19"' day of April, 2016.
APPROVED AS TO FORM:
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K�im�berVjajl BaFlow
City Attorney
la;r�
Jaipes Toma
I yor
ATTEST:
N�Ickolas S. Le'Wis
City Cleik
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 19' 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. Lewis
City Clerk