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Resolution - 2021-50RESOLUTION NO. 2021-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE ENGINEER'S REPORT FOR THE CITYWIDE LIGHTING AND MAINTENANCE DISTRICT, 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 Citywide Lighting and Maintenance District (the `District") has been established pursuant to the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500 et seg.) (the "Acf) to fund the maintenance and servicing of certain public street lighting and street trees 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. 2021-48, adopted May 18, 2021, the City Council directed Willdan Financial, 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, Citywide Lighting & Maintenance District, 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 Citywide Lighting and Maintenance District." (b) The boundaries of the District are the same as the boundaries of the City. (c) The existing and proposed improvements are generally described as street lights, street trees, and appurtenant facilities throughout the City. 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 the assessment is proposed to adjust upwards by 2.00% from the rate levied in Fiscal Year 2020-21. Such adjustment is made according to a schedule of adjustments approved by property owners in a mail ballot proceeding pursuant to Article XIII D of the California Constitution and, therefore, does not constitute an `increase" requiring additional mail ballot proceedings. SECTION 3. A Public Hearing is set for Tuesday, June 15, 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. APPROVEDO FORM Thomas P. Duart City Attorney ATTEST LisaYheik,Asslerk I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2021-50 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 S crick Assist t City Clerk