Resolution - No. 2023-44RESOLUTION NO. 2023-44
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 2023-24
WHEREAS, the City's Citywide Lighting and Maintenance District (the "District") has
been established pursuant to the Landscaping and Lighting Act of 1972 (California 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, 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 2023/2024 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. 2023-39, adopted June 20, 2023, the City Council
preliminarily approved the Report, declared its intention to levy and collect assessments within
the District for Fiscal Year 2023-24, and set a public hearing for 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 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
2023-24 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 2023-24 as set forth in the Report.
SECTION 3. The adoption of this Resolution constitutes the levy of the assessment for
Fiscal Year 2023-24.
SECTION 4. The levy and collection of the assessment is statutorily exempt from
California Environmental Quality Act ("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 18th day of July, 2023.
APPROVED AS TO FORM
Z�/�o
Thomas P. Du rte
Ac
Rosario Diaz
Mayor
ATTEST
Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SHERRICK; Assistant City Clerk of the City of West Covina, California, do hereby
certify that the foregoing Resolution No. 2023-44 was duly adopted by the City Council of the City
of West Covina, California, at a regular meeting thereof held on the 1 Sth day of July, 2023, by the
following vote of the City Council:
AYES: Diaz, Cantos, Lopez-Viado, Tabatabai, Wu
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk