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Home My WebLink AboutRES 2019-35RESOLUTION NO, 2019-35 (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. 39-2019 WHEREAS, in 1985 a landscape maintenance district was formed by the County of Los Angeles pursuant to the Landscape and Lighting Act of 1972 (Parf-2 of Division 15 of the California Streets and Highways Code commencing with § 22500 -thereof) ("Act") for the purpose of financing the cost of installation, maintenance and servicing of parcels within said landscape maintenance district ("1985 District") and within what is now the City of Diamond Bar; WHEREAS, by Resolution No. 2019-12, approved on April 16, 2019, the City Council ordered the initiation of proceedings for the formation of a landscape maintenance district pursuant to the Act and Article XIIID of the California Constitution (added in 1996 by Proposition 218) to be known as the Landscape Assessment District No. 39-2019 ("2019 District") of the City of Diamond Bar to rescind and supersede the 1985 District, for the purpose of financing the cost of installation, maintenance and servicing of parcels within the 2019 District, as detailed in the Engineer's Report prepared by 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 installed, maintained and serviced ("Improvements") with funds from the 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 2019 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 2019 District, and (6) the amount to be assessed upon various types of assessable land within the 2019 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. 2019-20 on May 21, 2019, declaring its intention to levy assessments, preliminarily approving the Engineer's Report, providing notice of a public hearing and the mailing of the 2019 District assessment ballots. The annual assessment rates for various types of real property within the proposed assessment, the total number of parcels to be assessed, and the total amount of annual assessment revenue is contained within said Engineer's Report; WHEREAS, the City Council adopted Resolution No. 2019-18 on May 21, 2019, adopting ballot and notice procedures to conform to Conform with Proposition 218 and subsequent amendments thereto; WHEREAS, the Engineer's Report has been revised (dated July 23, 2019) as discussed at the May 21, 2019 City Council Meeting to reflect that the Pantera School site is not assessed because it is considered to be part of the general benefit calculation, while all other aspects remain unchanged from the May 2019 Engineer's Report including boundaries, scope of services, general benefit, zones of benefit and assessment rates; WHEREAS, the City Council adopted Resolution No. 2019.20 on May 21, 2019, setting the public hearing date for July 16, 2019, at 6:45 p.m. at the SCAQMD auditorium, and then subsequently adopted Resolution No. 2019-29 on June 18, 2019 that ordered replacement ballots be mailed to each record owner of assessable parcels of real property located within Zones A and C of the 2019 District because of the misprinting of the assessment amounts on the original ballots for those two Zones, and changed the date of.the public hearing to August 6, 2019 thereby providing a new 45 -day written mailed notice period; 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 2019 District boundaries as set forth in the 2019 District diagram and boundary map and notice of a public hearing which was to be held at a regular meeting of the City Council on August 6, 2019, at 6:45 p.m. at the SCAQMD auditorium, located at 21865 Copley Drive, Diamond Bar, CA, on the issue of whether the 2019 District should be formed and assessments levied and collected as proposed in the revised 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 2019 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 proposed assessment; (e) the basis upon which the amount of the proposed assessment was calculated; (f) the date, time and place of the public hearing as specified in this Resolution; and (g) a summary of the voting procedures and the effect of a majority protest. The written mailed public notice also included a ballot by which each property owner could indicate its support or opposition to the proposed assessment. The ballot stated that it must be returned before the conclusion of the public hearing on August 6, 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 August 6, 2019, by the Tabulator; WHEREAS, pursuant to the provisions of California Constitution Article XIIID, an opportunity to vote on the proposed assessment has been afforded, and the assessment ballots mailed to owners of assessable real property within 2019 District have been received and tabulated, with assessment ballots weighted according to the proportional financial obligation of each affected parcel; and z WHEREAS, the City Council adopted Resolution No. 2019-28 on June 18, 2019, levying assessments for the 1985 District with the understanding that it would be rescinded if the ballot proceeding for the 2019 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 tabulation 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: 481 Total Assessment Amount of Valid Ballots: $183,029 Total Number of "Yes" Votes Processed: 103 Total Assessment Amount of "Yes" Votes Processed: $ 38,865 Percentage of "Yes" votes, unweighted: 21.4% Total Percentage of "Yes" Ballots, weighted: 21.2% Total Number of "No" Votes Processed: 378 Total Assessment Amount of "No" Votes Processed: $144,156 Percentage of "No" votes, unweighted: 78.6% Total Percentage of "No" Ballots, weighted: 78.8% Total Number of "Invalid" Votes Processed 6 Total Assessment Amount of "Invalid" Votes Processed: $2,276 Section 3. 590 assessment ballots were returned and received prior to the close of the public hearing on August 6, 2019. This represents a 47.6% ballot return rate on the 1,239 ballots mailed. Of the assessment ballots returned, 6 assessment ballots were 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, 21.2% of the property owners cast ballots in support of the Assessment District and 78.8% 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 2019 Assessment District cannot be formed or its proposed assessments levied. Section 5. The 2019 District is not formed, and the 1985 District shall remain in place and Resolution 2019-28 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 6th day of August 2019. 61'w 4A� 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 6th day of August 2019, by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Chou, Lyons, MPT/Tye, M/Herrera None Low None ATTEST: J;�04 a �L Tommye ribbins, City Clerk City of Diamond Bar 4 EXHIBIT A