Resolution - 2017-49RESOLUTION NO. 2017-49
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. 4; ORDERING LANDSCAPING
MAINTENANCE, RENOVATION, AND REPLACEMENT AND
APPURTENANCES TO BE MAINTAINED FOR THE FISCAL YEAR
BEGINNING JULY 1, 2017
WHEREAS, the City Council of the City of West Covina, California, did in Resolution
No. 2017-23 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 XIIID of the California Constitution) require Willdan
Financial Services to make and ti le with the City Clerk a report in writing, presenting certain matters
related to annual confirmation of West Covina Landscape Maintenance District No. 4 as contemplated
under the provisions of said Act; and
WI-IEREAS, Willdan Financial Services 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 No. 2017-24 declaring its
intention to order certain landscaping maintenance, renovation and replacement and appurtenances to be
maintained for the fiscal year beginning July 1, 2017; and
WHEREAS, said City Council did fix and designate June 6, 2017, 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, located at1444 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 Willdan Financial Services 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 PLAN AND
SPECIFICATIONS shall be and the same is hereby fixed and established as the period commencing on
July 1, 2017, and ending on June 30, 2018, 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, 2017, and ending June 30, 2018,
both dates inclusive.
SECTION 3. That the City Council hereby orders and directs staff to establish a special
fund entitled "West Covina Landscape Maintenance District No. 4 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. 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. In
addition, the capital improvements proposed for District No. 4 are of a minor nature and, therefore,
categorically exempt from the requirements for Environmental Impact Report as Negative Declaration
of Environmental Impact Report.
SECTION 6. That the City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED this 6 th day of June, 2017.
Corey Narshaw
Mayor
APPROVED AS TO FORM:
Kimberly Hall Barlow
City Attorney
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 6 1h day of June, 2017 by the
following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Johnson, Spence, Toma, Wu, Warshaw
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