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Home My WebLink AboutRES 2019-20RESOLUTION NO. 2019- 20 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DECLARING INTENTION TO FORM LANDSCAPE ASSESSMENT DISTRICT NO. 39-2019 AND LEVY ASSESSMENTS, PRELIMINARILY APPROVING THE ENGINEER'S REPORT, PROVIDING NOTICE OF PUBLIC HEARING AND THE MAILING OF THE ASSESSMENT BALLOT WHEREAS, by Resolution No. 2019-12, approved on April 16, 2019, the City Council ordered the initiation of proceedings for the formation of Landscape Assessment District No. 39-2019 pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the California Streets and Highways Code (commencing with § 22500 thereof) ("Act"). WHEREAS, Proposition 218 was adopted on November 6, 1996 adding Articles XIIIC and XIIID to the California Constitution, which impose certain procedural and substantive requirements relating to assessments (as defined). WHEREAS, an Engineer's Report ("Report") has been prepared by SCI Consulting Group, registered, professional engineers ("Assessment Engineer"), and submitted to the City Council, in which an assessment is proposed to fund the cost of the installation, maintenance and servicing of improvements within the District boundaries as described in § 3 below. The proposed landscaping maintenance assessment shall be described as "Landscape Assessment District No. 39-2019" of the City of Diamond Bar (hereinafter the "Assessment District"). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. The above Recitals are in all respects true and correct. Section 2. Reference to Initiation. In accordance with direction from the City Council, SCI Consulting Group, ("Engineer of Work"), prepared an Engineer's Report ("Report") pursuant to the Act and Article XIIID of the California Constitution. The Report has been prepared, filed with the City Clerk, reviewed and duly considered by the City Council and is hereby deemed sufficient and preliminarily approved. The Report shall stand as the Engineer's Report for all subsequent proceedings under and pursuant to this Resolution. Section 3. Description of the Improvements: The purpose of the Assessment District shall be for the installation, maintenance and servicing of improvements. Within the District, the existing and 2019-20 proposed improvements ("Improvements") are generally described as the installation, maintenance and servicing of public and private areas and facilities, including but not limited to, landscaping, sprinkler systems, landscape corridors, ground cover, shrubs and trees, street frontages, drainage systems, lighting, fencing, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable, for property owned and/or maintained by the City. Installation means the construction of landscape improvements, including, but not limited to, land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks and drainage, and lights. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of said improvements, including (a) repair, removal; or replacement of all or part of any improvement; (b) providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; (c) the removal of trimmings, rubbish, debris, and other solid waste; and (d) the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. Servicing ;means the furnishing of (a) electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements, and (b) water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements." Section 4. Reference to Engineer's Report: The Report is hereby incorporated by reference. Reference is hereby made to the Report for a full and detailed description of the Improvements, the boundaries of the Assessment District and the proposed assessments upon assessable lots and parcels of land within the Assessment District. Reference is also hereby made to the Report for an estimate of the costs of the Improvements proposed to be financed from the proceeds of the proposed assessment. Section 5. Report of the Assessment Engineer: The Report is available for public review at the City of Diamond Bar City Hall, located at 21810 Copley Drive, Diamond Bar, CA. The Engineer's Report includes: A. A description of the Improvements to be funded with assessment proceeds, services and incidental costs; and B. An estimate of the annual cost of such Improvements; and 2 2019-20 C. A description of the assessable parcels of land within the District and proposed to be subject to the assessment; and D. A description of the proportionate special and general benefits conferred on property by the proposed assessment; and E. A description of the boundaries of the proposed Assessment District; and F. A specification of the amount to be assessed upon various types of assessable land to fund the cost of the Improvements; and G. The proposed method and formula of assessing the costs and expenses of the Improvements to the properties which will specially benefit from the Improvements; and Section 6. Description of Assessment District: The Assessment District consists of the lots and parcels shown on the boundary map of the Assessment District on file with the City Clerk, and reference is hereby made to such map for further particulars. Section 7. Proposed Assessment Rate: It is the intention of this City Council to levy and collect assessments within the Assessment District. The estimated Fiscal Year 2019-20 cost of providing the Improvements is $504,255. Said estimated cost results in a proposed Single -Family Equivalent ("SFE") assessment rate of THREE HUNDRED EIGHTY-SEVEN DOLLARS AND THIRTY-NINE CENTS ($387.39) in Zone A, THREE HUNDRED SEVENTY-SEVEN DOLLARS AND SEVENTY CENTS ($377.70) in Zone B, and THREE HUNDRED FIFTY-EIGHT DOLLARS AND THIRTY-FOUR CENTS ($358.34) in Zone C for fiscal year 2019-20. It is the further intention of the City to have the assessment collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes. Section 8. Public Hearing: NOTICE IS HEREBY GIVEN THAT THE PUBLIC HEARING ON THE PROPOSED ASSESSMENT SHALL BE HELD BEFORE THE CITY COUNCIL OF THE CITY OF DIAMOND BAR IN THE SCAQMD AUDITORIUM, LOCATED AT 21865 COPLEY DRIVE, DIAMOND BAR, CA ON TUESDAY, JULY 16, 2019, AT THE HOUR OF 6:45 P.M., OR AS SOON THEREAFTER AS THE MATTER MAY BE HEARD, FOR THE PURPOSE OF THIS CITY COUNCIL'S DETERMINATION OF WHETHER THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE IMPROVEMENTS AND THIS CITY COUNCIL'S FINAL ACTION UPON THE REPORT AND THE 3 2019-20 ASSESSMENTS THEREIN. All interested persons shall be afforded the opportunity to hear and be heard. Any interested person may file a written protest with the City Clerk, or, having previously filed a protest, may file a written withdrawal of that protest, prior to the conclusion of the public input portion of the public hearing. A written protest shall state all grounds of objection. A protest by a property owner shall contain a description sufficient to identify the property owned by the signer thereof. The City Council shall consider all oral statements and all written protests made or filed by any interested person4: Section 9. Notice and Ballot: The City Clerk hereby is authorized and directed to cause Notice of the hearing ordered under Section 8 hereof to be given in accordance with law by United States Mail, and such Notice shall be deemed to have been given when so deposited in the United States Mail. The envelope or cover of the mailing shall include the name of the City. The mailed Notice shall be given to all property owners of assessable parcels within the Assessment District by such mailing by name to those persons whose names and addresses appear on the last equalized secured property tax assessment roll of Los Angeles County, or in the case of any public entity, the representative of such public entity at the address thereof known to the City Clerk. The Notice shall include, but not be limited to, the total amount of assessment proposed to be levied in the Assessment District for fiscal year 2019-20, the assessment proposed for the owner's particular parcel(s) and the duration thereof and the reason for the assessment. Each Notice shall also contain the proposed assessment and the basis upon which the amount of the assessment was calculated. Each Notice shall also contain an assessment ballot, a summary of the procedures applicable to the completion, return and tabulation of assessment ballots, the date, time, and location of the public hearing and a statement that the existence of a majority protest will result in the assessment not being imposed. The Notice herein provided shall be mailed not less than forty-five (45) days before the date of the public hearing. Section 10. Additional Information: To obtain additional information about the proposed assessments, the Assessment District or the proposed Improvements contact: David Liu, Public Works Director/City Engineer, 21810 Copley Drive, Diamond Bar, CA 91765, telephone number (909) 839-7000. The Engineer's Report and other written material about the Assessment District may also be reviewed at the Office of the City Clerk during regular business hours. 4 2019-20 Section 11. Annual Assessments: The assessments are proposed to be levied annually. If the proposed assessments are approved and confirmed by the City Council, the assessments will increase in future years by an amount up to the change in the Los Angeles - Riverside -Orange County area Consumer Price Index, but not exceeding three percent (3%), without a further vote or balloting process. In each subsequent year in which the assessments will be levied, an updated Engineer's Report, including a proposed budget and assessment rate, shall be prepared. The updated Engineer's Report shall be considered by the City Council at a noticed public hearing. The updated Engineer's Report shall serve as the basis for the continuation of the assessments. Section 12. 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 § 6061. PASSED, ADOPTED AND APPROVED this 21St day of May 2019. epoi W,,k— Carol Herrera, Mayor City of Diamond Bar I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the 21St day of May 2019, by the following roll call vote: AYES: COUNCIL MEMBERS: Chou, Lyons, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Low ABSTAINED: COUNCIL MEMBERS: None ATTEST: Tommye lCribbins, City Clerk City of Diamond Bar 2019-20 EXHIBIT A X11 ee n • • �- Q� ti 9 � • a � a � �iS� /1 �i!� il� ee • • ��hor % w+ r I, 91' .► t � � is � ��s�� • a� LwAi s�•a �j w�O�� :�!ii Oji'+�I /��,/ FB`dp�� i0� s�� i��r �•e �e WAIM ida'9 i- + ►_/�/ism % ffl.Slilii• P"^ Baan. rl�� fieri ♦� ` �� ,M .tee. 0..��er�,' `�.�� v/-♦ �v. alt am �:C r �a=w%:•�h�Ov11 iO J�%ilffil I All81 Im. andQ��` VIII 1 :a.� -� Boundary % C Slope Areas BrushAreas I �iio s �� e�m�cAO EO�se :r 6 2019-20 EXHIBIT B • ■ � ■ a h 1/111 ♦ ♦ _ s ■ ♦gIR�♦i o • • i Q � I/1111111//)' ♦` � 4•i s 1!, ' S-► � � �� n ids � _ - s iii � ei e � 3 ♦ ♦,�■41a■i � �am■a® ees., ♦ I/ iii e � O . a� a .. seri • � `� a:►. ♦ e � AAs �'• s ► �, ��IOcer ��jy'ABA�`•�L*ewo ��'��AL �- � ■■ � -�i�a � ��F��"IO�I`+�� ji111111 �'S�Otl,�11/ •l��0 o P. /1 \III�1`�. ��♦`��`til�l�s o01� a� :. oC •a �A r� i ♦ � p:�G a ■iu � �T�'R ems/•:\�ea1R � o��,s 1'iii�♦�Willi � /►�' rn o��io�®♦neap �i°1�� 1C€.:.v0 d eek �e ♦ . ♦� ,t v /1►i K 'Will arrh/O <�0�� eaY O 2019-20