HomeMy WebLinkAboutRES 2021-10RESOLUTION NO. 2021-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR TO DECLARE THE CITY'S INTENTION TO DISSOLVE
LANDSCAPE DISTRICT NO. 39 AND DIRECT STAFF TO ADVERTISE
THE PUBLIC HEARING BEFORE THE COUNCIL AT THE MAY 4, 2021
REGULAR MEETING.
WHEREAS, Landscape Assessment District No. 39 ("District") was created by the
County of Los Angeles pursuant to Part 2 of Division 15 of the California Streets and
Highways Code (§ 22500, et seq.); and
WHEREAS, upon incorporation in 19891 the City of Diamond Bar (City) assumed
jurisdiction over the District; and
WHEREAS, the City services and maintains five (5) mini -parks, 15 acres of slopes,
39 acres of open space areas, and other landscape and irrigation improvements
(Improvements) in the District; and
WHEREAS, the District is bound on the west by Diamond Bar Boulevard and on
the east by City limits, as shown on Exhibit "A"; and
WHEREAS, the District comprises 1,249 parcels, with an annual assessment rate
of $236 per parcel; and
WHEREAS, since Fiscal Year 2008/09, the revenue being generated by the
assessements have been insufficient to cover the cost of maintaining the District; and
WHEREAS, when the District was created it was structured in order that revenue
from the assessments would self-support its maintenance; and
WHEREAS, in 1996, Article XIIIC and Article XIIID were added to State of
Califonia's Constitution by Proposition 218 (Prop 218), requiring that any increases in
assessments must be approved by way of a majority protest procedure; and
WHEREAS, in order to have the District self-support its maintenance as originally
structured the City proposed an increase in the District assessment fee in 2019, per the
majority protest procedure prescribed under Prop 218, but it was overwhelmingly rejected
by property owners within the District; and
WHEREAS, due to the increase in the cost of the service over the years and the
inability to increase assessments to cover those costs, the City has been subsidizing the
maintenance of the Improvements in the District by using its General Fund; and
WHEREAS, for those reasons the City declares its intent to dissolve the District
pursuant to California Streets and Highways Code section 22610 and cease the levy and
Resolution No. 2021-10
collection of assessments against parcels of land within the District beginning with the
2021/22 Fiscal Year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond
Bar as follows:
Section 1. The Recitals, as set Ca are GI respects true and correct,
and incorporates these recitals herein by reference.
Section 2. The Public interest and convenience require, and it is the intention of
the City Council, to dissolve the District, pursuant to Division 15, Part 2, Chapter 2,
Sections 22605 et seq. of the California Streets and Highways Code, as of July 1, 2021,
for the following designated works of improvement and maintenance.
Section 3. A general description of the District improvements is as follows:
The maintenance and servicing of landscaping and any facilities which are
appurtenant thereto or which are necessary or convenient for the maintenance and
servicing thereof, including but not limited to, repair, removal or replacement,
grading, clearing, removal of debris, pruning, fertilization, pest control, weed
control, and the installation or construction of appurtenant facilities, including
curbs, gutters, walls, sidewalks or paving, or water, irrigation, or electrical facilities.
Said maintenance and servicing of the landscaping and installation, maintenance
and servicing of related work shall be within the area of Assessment District No.
39 as shown on Exhibit "A" as attached hereto and incorporated by reference.
Section 4. Upon the District's dissolution, the City would not provide any
services or maintenance on private property in the District, with the exception of the public
trails and the five (5) mini -parks. Private property maintenance would become the
responsibility of the underlying property owners who would be required to maintain the
property in accordance with City ordinances. A detailed map of the maintenance areas
under the District is available for inspection with the Public Works Director/City Engineer.
Section 5. Upon the District's dissolution, the City will cease the levy and
collection of assessments against parcels of land within the District beginning with the
2021/22 Fiscal Year.
Section 6. The City Council hereby fixes 6:30 p.m. on May 4, 2021, as the time
for a hearing on this question of the dissolution of the Landscaping Assessment District
No. 39.
shall:
Section 7. The City Clerk shall certify to the adoption of this Resolution and staff
a) Cause a true and correct copy of this Resolution to be published
pursuant to California Government Code § 6061.
2
Resolution No. 2021-10
b) Give mailed notice of hearing to the property owners in the District
consistent with applicable law.
PASSE®, APPROVE® AN®A®OPTE® this 16th day of March,-2021.
Nancy A. Lyo`ris, Mayor
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that
the foregoing Resolution was passed, adopted and approved at a regular meeting of the
City Council of the City of Diamond Bar held on the 16th day of March, 2021, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Liu, Tye, M/Lyons
None
None
Chou, MPT/Low
Kristina Santana, City Clerk
3
ResolUtion No. 202il
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Assessment District # 39
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