Resolution - No. 2023-39RESOLUTION NO. 2023-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, PRELIMINARILY
APPROVING THE ENGINEER'S REPORT FOR THE CITY'S
CITYWIDE LIGHTING AND MAINTENANCE DISTRICT,
DECLARING ITS INTENTION TO LEVY AND COLLECT
ASSESSMENTS WITHIN SAID DISTRICT FOR FISCAL
YEAR 2023-24 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 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. 2023-38, adopted June 20, 2023, 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,
Citywide Lighting & Maintenance District, Fiscal Year 2023/2024 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 2023-24 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 2023-24 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 2022-23. 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, July 18, 2023, 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 (CEQA)
under Section 15273 of the CEQA 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 20th day of June, 2023.
Rosario Diaz
Mayor
APPREFORM
City Attorney
ATTEST
Lisa Strick
Assista t City Clerk
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina,
California, do hereby certify that the foregoing Resolution No. 2023-39 was duly adopted
by the City Council of the City of West Covina, California, at a regular meeting thereof
held on the 20th day of June, 2023, by the following vote of the City Council:
AYES: Diaz, Cantos, Tabatabai, Wu
NOES:
ABSENT: Lopez-Viado
ABSTAIN:
Lisa errick
ssi Aant City Clerk