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Resolution - 2022-84RESOLUTION NO.2022-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR THE CITYWIDE LIGHTING AND MAINTENANCE DISTRICT FOR FISCAL YEAR 2022- 23 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 seq.) (the "Act") 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. 2022-67, adopted July 5, 2022, the City Council directed Willdan Financial, as assessment engineer (the "Engineer"), to prepare and file a report regarding the District; and WHEREAS, said report, entitled "City of West Covina, Citywide Lighting & Maintenance District, Fiscal Year 2022/2023 Engineer's Report" (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, by its Resolution No. 2022-68, adopted July 5, 2022, the City Council preliminarily approved the Report, declared its intention to levy and collect assessments within the District for Fiscal Year 2022-23, and set a public hearing for July 19, 2022, 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 testimony on the issue of whether or not the assessments should be approved (the "Public Hearing"); and WHEREAS, notice of the Public Hearing was published as required by law; and WHEREAS, at the appointed time and place, the City Council held the Public Hearing and all interested persons were given the opportunity to hear and be heard on the matter of the assessments; and WHEREAS, the City Council, having considered all oral statements and written protests made or filed by any interested person, if any, desires to levy the assessments for Fiscal Year 2022- 23 as set forth in the Report. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council determines that a majority protest has not been filed against the assessments set forth in the Report. SECTION 2. The City Council confirms, without changes, the diagram and assessment for the District for Fiscal Year 2022-23 as set forth in the Report. SECTION 3. The adoption of this Resolution constitutes the levy of the assessment for Fiscal Year 2022-23. SECTION 4. The levy and collection of the assessment is statutorily exempt from CEQA pursuant to Section 15273 of the CEQA Guidelines, in that the proceeds of the assessments are to be used as for operating expenses and equipment and supplies. SECTION 5. The City Clerk is directed to file the diagram and assessment, or a certified copy thereof, with the Los Angeles County Auditor -Controller. The assessments shall be collected at the same time and in the same manner as County taxes are collected, and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. 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 19th day of July, 2022. APPROVED AS TO FORM ,-L1116(i� Thomas P. Duarte City Attorney a 6,-vz i Dario Castellanos Mayor ATTEST I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2022-84 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 19th day of July, 2022, by the following vote of the City Council: AYES: Castellanos, Diaz, Lopez-Viado, Tabatabai, Wu NOES: None ABSENT: None ABSTAIN: None t Lisa Ohrrick AssisWnt City Clerk