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Resolution - 2021-44RESOLUTION NO. 2021-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE ENGINEER'S REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN SAID DISTRICT FOR FISCAL YEAR 2021-22 AND SETTING A PUBLIC HEARING REGARDING SUCH ASSESSMENTS WHEREAS, the City's Landscape Maintenance District No. 6 (the `District") has been established pursuant to the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500 etseq.) (the "Act") to fund the maintenance and servicing of certain public landscaping and appurtenant facilities in the City; and WHEREAS, in connection with the District, the City annually levies an assessment against real property; and WHEREAS, by its Resolution No. 2021-43, adopted May 18, 2021, the City Council directed Willdan Financial Services, as assessment engineer (the 'Engineer'), to prepare and file a report regarding the District; and WHEREAS, the Engineer has filed said report, entitled "City of West Covina., Landscape Maintenance District No. 6, Fiscal Year 2021/2022 Engineer's Report" (the "Report") and the Report is on file and available for public inspection in the Office of the City Clerk and is incorporated herein by reference; and WHEREAS, the City Council desires to continue with proceedings to levy the assessment in connection with the District for Fiscal Year 2021-22 as described in the Report. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Report is preliminarily approved. SECTION 2. The City Council declares its intention to levy and collect assessments within the District for Fiscal Year 2021-22 and notes that: (a) The distinctive name of the District is the "City of West Covina Landscape Maintenance District No. 6." (b) The District is generally located in the easterly part of the City of West Covina on the westerly -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. No substantial changes are proposed to the nature of the improvements. (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 and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. (e) The rate of this assessment is not proposed to increase from the rate levied in Fiscal Year 2020-21. SECTION 3. A public hearing is set for Tuesday, June 1, 2021, at 7:00 p.m. in the City Council Chambers located at 1444 West Garvey Avenue South in the City of West Covina, to take the testimony on the issue of whether or not the assessments should be approved. SECTION 4. The City Clerk shall give notice of said public hearing in the time, form, and manner as required by law, including but not limited to publication of this resolution in accordance with Streets and Highways Code Sections 22552 and 22553. 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 and shall enter the same in the book of original resolutions and it shall become effective immediately. APPROVED AND ADOPTED this 18th day of May, 2021. APPROVED FORM Thomas P. Duarte City Attorney ATTEST Lisa #enick AssiYant City Cle>kk I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2021-44 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 18th day of May, 2021, by the following vote of the City Council: AYES: Diaz, Lopez-Viado, Tabatabai, Wu NOES: None ABSENT: Castellanos ABSTAIN: None Lisa Sick Assisity Clerk