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Resolution - 2017-53RESOLUTION NO. 2017-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, FINDING THAT THIS ACTION IS STATUTORILY EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT REVIEW PURSUANT TO SECTION 15273 OF THE GUIDELINES, CONFIRMING THE ENGINEER'S REPORT AND THE PLANS, SPECIFICATIONS, ESTIMATES, DIAGRAM AND ASSESSMENTS CONTAINED THEREIN; ORDERING LIGHTING FIXTURES AND ELECTRICAL CURRENT TO BE FURNISHED FOR LIGHTING FIXTURES AND TO ORDER STREET TREES TO BE INSTALLED AND MAINTAINED IN THE WEST COVINA CITYWIDE LIGHTING AND MAINTENANCE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2017, AND FIXING THE ASSESSMENTS FOR THE FISCAL YEAR 2017-2018 IN THE AMOUNT BASED ON THE EXISTING FISCAL YEAR 2016-2017 ASSESSMENT RATES WITH A 2.0% CONSUMER PRICE INDEX BASED ASSESSMENT INCREASE WHEREAS, the City Council of the City of West Covina, California pursuant to the provisions of the "Landscaping and Lighting Act of 1972" and Proposition 218, required a State certified Engineer of said City to make and file a report in writing, presenting certain matters related to the confirmation of the annual assessments in the Citywide Lighting and Maintenance District 2017-2018 and following, as contemplated under the provisions of said Act and Proposition; and WHEREAS, voter-approved rates for the Citywide District included a provision for not more than a 2% annual increase based on the Consumer Price Index (CPI). The CPI for the one-year period from March 2016 to March 2017 for the Los Angeles, Riverside, and Orange County areas is 2.7%; therefore, current rates may increase a maximum of 2%; and WHEREAS, a State certified Engineer, pursuant to such requirements, did make and file such report; and WHEREAS, the City Council preliminarily approved the report on April 18, 2017, and declared its intention to order certain street lighting fixtures and appurtenances to be installed and maintained and electric current to be furnished for lighting fixtures and to order certain street trees to be installed and maintained for the Fiscal Year beginning July 1,2017, and following; and WHEREAS, the City Council held a duly noticed public hearing on June 6, 2017, at the hour of 7:00 p.m. at the Council Chambers in the City Hall, 1444 West Garvey Avenue South, in the City of West Covina, California and received and considered all oral and written public protests and comments. NOW, THEREFORE, the City Council of the City of West Covina, California, does hereby resolve as follows: SECTION 1. That the City Council does hereby approve, confirm and adopt the Engineer's Report dated April 18, 2017, and does hereby approve and confirm the assessments proposed for said proposed improvements as set forth and referred to in said report, which said report is now on file in the Office of the City Clerk of said City, open to inspection, hereby referred to and made a part here of; and said City Council does hereby also confirm and adopt the respective instruments therein contained ATTEST: and designated therein as SPECIFICATIONS, DIAGRAM AND PLANS, Estimate of Costs and Assessments, all of which, on file as aforesaid, are hereby incorporated herein and made a part hereof. SECTION 2. That said Council does hereby order the said contemplated improvement to be made in accordance with the said PLANS AND SPECIFICATIONS, therefore, so adopted and approved, and does order and determine that the fiscal years referred to in said Resolution of Intention No. 2017-29 shall be and the same are hereby fixed and established as the period commencing on the 1st day of July 2017, as therein set forth; and said Council does hereby levy current voter approved assessment with a Consumer Price Increase of Two Percent (2.0%) to cover the costs and expenses of said improvement upon the respective several subdivisions of land in the assessment district described in said Resolution of Intention No. 2017-29 and fixed and determined by said report, proposed assessment, filed therewith. SECTION 3. That the City Council hereby orders and directs City Manager or his designee to establish a special fund entitled "West Covina Citywide Lighting and Maintenance District" and place into said Fund all payments of assessments received from the County Tax Collector and payments shall be made out of said special fund only for the purpose set out in the Engineer's Report. SECTION 4. That the City Council finds that the levy and collection of these assessments is statutorily exempt from CEQA pursuant to Section 15273 of the Guidelines, in that the proceeds of the assessments are to be used for meeting operating expenses, purchasing supplies and meeting financial reserves needs and requirements. SECTION 5. That the City Clerk of the said City is hereby ordered to transmit, or cause to be transmitted to the County Auditor of Los Angeles• County, State of California, the Diagram and Assessments upon which such levy is based, and the County Tax Collector of said County (who is also the City Tax Collector for said City) is hereby designated, required, empowered, authorized, instructed, ordered and directed to make collection of all assessments shown in said Assessment and to perform the acts and duties as required by law of and to performed by the officer, employee, or person so designated. SECTION 6. That the City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED, AND ADOPTED this 6 th day of June, 2017. heA4eiz APPROVED AS TO FORM: Kitnberly 1-1a)2 Barlow City Attorney I, HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof on the 6th day of June, 2017 by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: Johnson, Toma, Wu, Warshaw Spence None None