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Resolution - 2019-44RESOLUTION NO.2019-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONIRMING THE DIAGRAM AND ASSESSMENT FOR THE CITYWIDE LIGHTING AND MAINTENANCE DISTRICT FOR FISCAL YEAR 2019-20 WHEREAS, the City's Citywide Lighting and Maintenance District (the "District") has been established pursuant to the Landscaping and Lighting Act of 1972 (Streets & Highways Code Section 22500 et seq.) 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. 2019-28, adopted May 7, 2019, 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 and Maintenance District, Fiscal Year 2019-20 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. 2019-29, adopted May 7, 2019, the City Council preliminarily approved the Report, declared its intention to levy and collect assessments within the District for Fiscal Year 2019-20, and set a public hearing for June 18, 2019, 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 (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 desires to levy the assessments for Fiscal Year 2019-20 as set forth in the Report. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA CALIFORNIA, DOES 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 body confirms, without changes, the diagram and assessment for the District for Fiscal Year 2019-20 as set forth in the Report. SECTION 3. The adoption of the resolution constitutes the levy of the assessment for Fiscal Year 2019-20. SECTION 4. The levy and collection of the assessment is statutorily exempt from CEQA as it is for operating expenses and equipment and supplies. SECTION 5. The City Clerk is directed to file the diagram and assessment with the Los Angeles County Auditor so the assessment may be collected by the County on the property tax roll. SECTION 6. That the City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED AND ADOPTED on June 18, 2019. APPROVED AS FORM Scott E. Porter City Attorney 'Ko • Joh6onMayor ATTEST - ZA46t� 4 &A&W Carrie Gallagher, CMC Assistant City Clerk I, CARRIE GALLAGHER, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2019-44 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 18'b day of June 2019, by the following vote of the City Council: AYES: Castellanos, Lopez-Viado, Shewmaker, Wu, Johnson NOES: None ABSENT: None ABSTAIN: None LM�� dAW Carrie Gallagher, CMC Assistant City Clerk