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Home My WebLink AboutRES 92-23RESOLUTION NO. 92 - 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE ANNEXATION OF CERTAIN LANDS INTO THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38; DECLARING ITS INTENTION TO ANNEX SAID LANDS INTO SAID DISTRICT; RESCINDING RESOLUTION NO. 92-17; AND FIXING A TIME AND PLACE FOR HEARING OF OBJECTIONS HEREON. A. RECITALS. (i) Heretofore, City of Diamond Bar Landscaping Assessment District No. 38 was created pursuant to Part 2 of Division 15 of the California Streets and Highway Code (§§ 22500, et. seq) . (ii) The City Engineer has prepared, filed with the City Clerk and presented to this Council a report relating to the annexation of certain lands into said assessment district pursuant to the provisions of the California Streets and Highways Code § 22623. (iii) New improvements include landscaping and construction of the median islands on Colima Road from Gona Court to Lemon Avenue in the annexed area, but no other substantial changes in existing improvements are proposed for said Landscaping Assessment District No. 38. (iv) In order for procedural requirements to be met, the City of Diamond Bar needs to set a new public hearing date and time. (v) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. — NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. In all respects as set forth in the Recitals, Part A, of this Resolution. 2. Resolution No. 92-17, adopted by the City Council on May 5, 1992, is hereby rescinded. 3. The above-described report submitted by the City Engineer relating to the annexation of certain lands into the City of Diamond Bar Landscaping Assessment District No. 38 is hereby approved as filed. 4. This Council hereby declares its intention to annex certain lands, pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, known as the "Landscaping _ and Lighting Act of 1972," into that area designated "City of Diamond Bar Landscaping Assessment District No. 38," as shown on Exhibit "A" attached hereto and incorporated herein by reference. 5. This Council hereby declares its intention to levy and collect assessments during fiscal year 1992-93 pursuant to the Landscaping and Lighting Act of 1972, on that area designated "City of Diamond Bar Landscaping Assessment District No. 38," as shown on Exhibit "A" attached hereto and incorporated herein by reference. 6. A general description of the improvements proposed for the aforementioned district is as follows: (a) Capital construction includes landscaping and construction of the median islands on Colima Road from Gona Court — to Lemon Avenue. (b) The maintenance and possible future replacement of landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including grading, clearing, removal of debris, pruning, fertilization, pest control, weed control, the installation or construction of curbs, gutters walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said maintenance, servicing, landscaping and related work shall be within the area of Landscaping Assessment District No. 38 as shown on Exhibit "A". 7. Reference is hereby made to the report of the City Engineer relating to the said assessment district hereinabove approved. Said report is on file with the City. Clerk of the City of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the. --proposed assessments upon assessable lots and parcels of land within City of Diamond Bar Landscaping Assessment District No. 38 for fiscal year 1992-93. Said proposed assessment per lot is the amount of $15.00. 8. This Council hereby fixes 7:00 p.m. on June 16, 1992, iin the Sough Coast Air Quality Management Auditorium, 21865 East Copley Drives `Diamond Bar, California, as the time and place for a hea-rin-4 before this Council on this question of the levy of the proposed assessments on assessable lots within City of Diamond Bar Landscaping Assessment District No. 38 for fiscal year 1992-93 — and hereby gives notice of said hearing. 9. The City Clerk shall: -- a. Certify to the adoption of this resolution; and b. Cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6066. ADOPTED AND APPROVED this 19th day of May , 1992. J M I, LYNDA BURGESS, the City Clerk of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on 19th day of May 1992 by the following vote: AYES: COUNCILMEMBERS: Forbing, Miller, Werner, Mayor Pro Tem Papen, Mayor Kim NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: None ATTEST: Lk-ffd-a- Bu s, C, : y'k City of ENGINEER'S REPORT for the Annexation of Lands into the City of Diamond Bar Landscaping Assessment District No. 38 March 20, 1992 Prepared By: ASL Consultants, Inc. 55 E. Huntington Drive, Suite 200 Arcadia, California 91006 SECTION 1. AUTHORITY FOR REPORT This report is prepared under the authority and direction of the City Council of the City of Diamond Bar pursuant to their Resolution No. and in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972. SECTION 2. PLANS AND SPECIFICATIONS The plans and specifications for the improvements within the district are on file in the City Hall of the City of Diamond Bar and are available for public inspection. Reference is hereby made to said plans and specification for the exact location and nature of the improvements and is hereby made a part of this report. SECTION 3. ESTIMATE OF COSTS OF IMPROVEMENTS The total estimated costs for the maintenance of improvements within the district are as follows: Approp. Fund Balance Prop. Tax & Assessments Interest Revenue TOTAL APPROPRIATIONS: Personal Services Operating Expenses Professional Services Contract Services CIP Project Reserves TOTAL 1991-92 1992-93 Adiusted Budget Adopted Budoet (47,439) 30,000 241,590 256,500 $194,151 $286,500 33,800 35,500 49,300 69,000 6,250 9,000 63,920 41,500 39,881 131,500 1,000 $194,151 $286,500 Note Capital Projects Include: Colims Medians from Gone Court to Leman Avenue 5131,500 SECTION 4. DIAGRAM FOR DISTRICT Landscaping Assessment District No. 38 was formed prior to the incorporation of the City of Diamond Bar to include all properties located within the community of Diamond Bar. The area to be annexed was included within the Corporate Limits of the City of Diamond Bar during the incorporation process. Landscaping Assessment District No. 38 was intended to be a city wide district consisting of all assessable 'parcels located within the Corporate Limits of the City of Diamond Bar. The lands to be annexed consist of all assessable parcels located within the boundaries shown on the Assessment Diagram labeled "Exhibit A" attached hereto. SECTION 5. ASSESSMENT The landscape and open space improvements have been established and are maintained for the safety and enjoyment of all the properties within the City of Diamond Bar, and all parcels within the district benefit from the improvements. The estimated number of parcels within the district include 16,000 parcels located within the existing district and 1,100 parcels located within the area to be annexed. The amount estimated to be assessed upon the lands within the district and the amount apportioned to each assessable parcel within the district is shown in the table below. Estimated Estimated Estimated Assessment No of Assessment Reauirements Parcels Per Parcel $256,500 17,100 $15.00 1991-92 1992-93 Assessment Assessment Per Parcel Per Parcel Difference $15.00 $15.00 $0.00 R spect subm' ed Ernest Hami on Assessment Engineer rptUaAss 4/30 Lit r. 7