Resolution - 2016-47RESOLUTION NO.2016-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT
AND THE ASSESSMENT CONTAINED IN THAT REPORT FOR
LANDSCAPE MAINTENANCE DISTRICT NO. 7; ORDERING
LANDSCAPING MAINTENANCE, RENOVATION, AND REPLACEMENT
AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR
BEGINNING JULY 1, 2016
WHEREAS, the City Council of the City of West Covina, California, did in Resolution
No. 2016-15 of said City Council, pursuant to the provisions of the "Landscaping and Lighting Act of
1972," (Part 2 of Division 15, Section 22500 et seq. of the Streets and Highways Code of the State of
California),. and Proposition 218 (Article XTTTD of the California Constitution) require a State certified
engineer to make and file with the City Clerk a report in writing, presenting certain matters related to
annual confirmation West Covina Landscape Maintenance District No. 7 as contemplated under the
provisions of said Act; and
WHEREAS, such Engineer did make and file in the Office of the City Clerk of said City, a
report in writing responsive to the requirements of the Act and Proposition 218; and
WHEREAS, the City Council preliminarily approved such report, in conformity with the
provisions of said Act; and did thereafter pass its Resolution of Intention 2016-31 declaring its intention to
order certain landscaping maintenance, renovation and replacement and appurtenances to be maintained
for the Fiscal Year beginning July 1, 2016; and
WHEREAS, said City Council did fix and designate June 7, 2016, at the hour of 7:00 p.m.
of said day as the time for hearing protests in reference to the proposed maintenance and assessment, at
the Council Chambers in the City Hall, 1444 West Garvey Avenue South, in the City of West Covina,
California; and
WHEREAS, at the time and place above stated for hearing protests in reference to the
proposed maintenance and assessment said City Council did proceed to hold such hearing; and
WHEREAS, at the time and place above stated for hearing protest in reference to the
proposed maintenance and assessment, written and oral protests and objections, if any, were filed and
presented, which said protests and objectives, if any, were fully and regularly heard and considered by
said City Council.
NOW, THEREFORE, the City Council of the City of West Covina, California, does
hereby resolve as follows:
SECTION 1. That said City Council does hereby deny any and all protests and objections
and does hereby approve, confirm and adopt the said report of said Engineer and does hereby approve and
confirm the assessment proposed for said proposed maintenance as set forth and referred to in said report,
which said report is now on file in the Office of the City Clerk of said City, open to inspection, hereby
referred to and made a part hereof, and said City Council does hereby also confirm and adopt the
respective instruments therein contained and designated therein as SPECIFICATIONS, DIAGRAM AND
PLAN, Estimate of Costs and Assessments, all of which, on file as aforesaid, are hereby incorporated
herein and made a part hereof.
SECTION 2. That said City Council does hereby order the said contemplated
maintenance to be made in accordance with the said PLAN AND SPECIFICATIONS, therefore, so
adopted and approved, and does order and determine that the fiscal year referred to in said shall be and the
same is hereby fixed and established as the period commencing on July 1, 2016, and ending on June 30,
2017, both dates inclusive, as therein set forth; and said City Council does hereby levy the said proposed
total assessment made to cover the costs and expenses of said improvement upon the respective several
subdivisions of land in the assessment district and as fixed and determined by said report, as revised, and
the proposed assessment, filed therewith, as aforesaid, in the Office of the City Clerk of said City, for the
Fiscal Year beginning July 1, 2016, and ending June 30, 2017, both dates inclusive.
SECTION 3. That the City Council hereby orders and directs the City Treasurer to
establish a special fund entitled "West Covina Landscape Maintenance District No. 7 Fund," and who
shall place into said Fund all payments of assessments received from the County Tax Collector and
payments shall be made out of said special Fund only for the purposes provided for in said Part 2,
Division 15, Streets and Highways Code of the State of California, as set forth in Chapter 5, Section
22655, of said Code.
SECTION 4. That the City Clerk of the said City is hereby ordered to transmit, or cause to
be transmitted to the County Auditor of Los Angeles County, State of California, as contemplated under
the provisions of the "Landscaping and Lighting Act of 1972," the Diagram and Assessment upon which
such levy is based, and the County Tax Collector of said County (who is also the City Tax Collector for
said City) is hereby designated, required, empowered, authorized, instructed, ordered and directed to make
collection of all assessments shown in said Assessment and to perform the acts and duties as are required
by law of and to be performed by the officer, employee, or person so designated.
SECTION 5. That the City Council finds that the levy and collection of these assessments
is statutorily exempt from CEQA pursuant to Section 15273 of the Guidelines, in that the proceeds of the
assessments are to be used for meeting operating expenses, purchasing supplies and meeting financial
reserves needs and requirements.
SECTION 6. That the City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 21" day of June, 2016.
APPROVED AS TO FORM:
Kimberly Hall Barlow
City Attorney
j5rTomyo
ATTEST:
Nickolas S. LevvJ s-'
City Clerk'
I, 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 21 st day of June, 2016, by the following
vote of City Council:
AYES: Johnson, Warshaw, Toma
NOES: None
ABSENT: Spence, Wu ;
ABSTAIN: None
Nickolas S. Lewis (-
City Clerk