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HomeMy WebLinkAboutRES 2019-34RESOLUTION NO. 2019-34 (NO -FORMATION) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR CERTIFYING THE RESULTS OF THE BALLOT PROCEEDING FOR LANDSCAPE ASSESSMENT DISTRICT NO. 41-2019 WHEREAS, by Resolution No. 2019-13, approved on April 16, 2019, the City Council ordered the initiation of proceedings for the formation of a landscape assessment district 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") and Article X111 -D of the California Constitution to be Known as the Landscape Assessment District No. 41-2019 ("Assessment District") of the City of Diamond Bar, for the purpose of financing the cost of installation, maintenance and servicing as detailed in the Engineer's Report prepared by the Assessment Engineer, SCI Consulting Group; WHEREAS, the City Council has adopted a resolution approving and filing an Engineer's Report which includes: (1) a description of the Improvements to be funded with assessment proceeds; (2) an estimate of the annual cost of the Improvements described in the Engineer's Report; (3) a description of the assessable parcels of land within the District and proposed to be subject to the new assessment; (4) a description of the proportionate special and general benefits conferred on property by the proposed assessment; (5) a diagram and boundary map for the Assessment District, and (6) a specification of the amount to be assessed upon various types of assessable land within the Assessment District to fund the cost of the Improvements. The Engineer's Report is incorporated herein by this reference; WHEREAS, the City Council adopted Resolution No. 2019-19 on May 21, 2019, a Resolution Declaring Intention to Levy Assessments, Preliminarily Approving the Engineer's Report, Providing Notice of Public Hearing and the Mailing of the Assessment Ballots. The annual assessment rates for various types of real property within the proposed Assessment District, the total number of parcels to be assessed, and the total amount of annual assessment revenue is contained within the Engineer's Report; WHEREAS, the City Council adopted Resolution No. 2019-18 on May 21, 2019, a Resolution of Intention to Conform with Proposition 218 and its requirements; WHEREAS, the City Council has provided a 45 -day written mailed notice to each record owner of assessable parcels of real property located within the Assessment District boundaries, as set forth on the Assessment Diagram and Boundary Map and, a public hearing was held at a regular meeting of the City Council on July 16, 2019, at 6:45 p.m. at the SCAQMD auditorium, located at 21865 Copley Drive, Diamond Bar, CA, on the issue of whether the Assessment District should be formed and assessments levied and collected as proposed in the Engineer's Report for Fiscal Year 2019-20 and future Fiscal Years; WHEREAS, the form of written mailed public notice of the public hearing contained the following information: (a) the total amount of assessments proposed to be levied within the Assessment District for Fiscal Year 2019-20; (b) the assessment chargeable to each owner's parcel; .(c) the duration of the proposed assessment; (d) the reason for the assessment; (e) the basis upon which the amount of the proposed assessment was calculated; (f) the date, time and place of the public hearing; and (g) a summary of the voting procedures and the effect of a majority protest. The form of the written mailed public notice also included an assessment ballot by which each property owner could express their support or opposition to the proposed assessment. The ballot indicated that it must be returned before the conclusion of the public hearing on July 16, 2019, in order to be valid and counted, and that all assessment ballots received by the City Clerk (the "Tabulator"), would be tabulated after the conclusion of the public input portion of the public hearing on July 16, 2019, by the City Clerk; WHEREAS, pursuant to the provisions of California Constitution Article MID, an opportunity for protest has been afforded, and the assessment ballots mailed to owners of assessable real property within the proposed boundaries of the Assessment District have been received and tabulated, with assessment ballots weighted according to the proportional financial obligation of each affected parcel; and WHEREAS, the City Council adopted Resolution No. 2019-27 on June 18, 2019, a Resolution levying assessments for Landscape Assessment District No. 41 with the understanding that it would be rescinded if the ballot proceeding for this Assessment District was successful. 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. The canvass of the assessment ballots submitted by the property owners is complete and certified by the Tabulator, and the votes cast are as follows: Total Number of Valid Ballots Processed: 181 Total Assessment Amount of Valid Ballots: $89,033.52 Total Number of "Yes" Votes Processed: r 46 Total Assessment Amount of "Yes" Votes Processed: $22,528.97 Percentage of "Yes" votes, unweighted: 25.41% Total Percentage of "Yes" Ballots, weighted: 25.30% Total Number of "No" Votes Processed: 135 Totai Assessment Amount of "No" Votes Processed: $66,504.55 Percentage of "No" votes, unweighted: 74.59% Total Percentage of "No" Ballots, weighted: 74.70% Total Number of "Invalid" Votes Processed Total Assessment Amount of "Invalid" Votes $461.00 Processed: Section 3. 181 assessment ballots were returned and received prior to the close of the public hearing on July 16, 2019. This represents a 33% ballot return rate on the 547 ballots mailed. Of the assessment ballots returned, 1 assessment ballots was declared invalid. in that they were either not marked with a "Yes" or "No", were marked with both a "Yes" and a "No", were not signed, or the property ownership and barcode information was illegible." Section 4. As determined by ballots cast, as weighted according to the amount of assessment for each parcel, 25.30% of the property owners cast ballots in favor of the Assessment District and 74.70% of the property owners cast ballots against the Assessment District. Since a majority protest, as defined by Article XIIID of the California Constitution, exists, the measure fails and the Assessment District cannot be formed or its proposed assessments levied. Section 5. The Assessment District is not formed, and Landscape Assessment District No. 41 formed in 1985 shall remain in place and Resolution 2019-27 shall remain in force and effect. Section 6. The results of this ballot proceeding are hereby certified by the City Council of the City of Diamond Bar. Section 7. 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 16th day of July 2019. Carol Herrera, Mayor ATTEST: 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 16th day of July 2019, by the following roll call vote: AYES: COUNCIL MEMBERS: Chou, Low, Lyons, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None. ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None Tommye Cribbins, City Clerk City of Diamond Bar 4