Resolution - 2017-51RESOLUTION NO. 2017-51
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 THE FISCAL YEAR
BEGINNING JULY 1, 2017
WHEREAS, the City Council of the City of West Covina, California, did in Resolution
No. 2017-27 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 XII1D of the California Constitution) require Willdan Financial
Services 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, 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 2017-28 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 at 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 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.
Nickolas S.J.,&-wA'-'
City Clerk -
' ;-
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, 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 the staff 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. 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. 7 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 6th day of June, 2017.
APPROVED AS TO FORM:
Kimberly FIM1 Barlow
City Attorney
ATTEST:
AYES:
NOES:
ABSENT:
ABSTAIN:
Johnson, Spence, Toma, Wu, Warshaw
None
None
None
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 th day of June, 2017 by the
following vote of the City Council: