HomeMy WebLinkAboutRES 2021-16RESOLUTION NO. 2021-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR TO DISSOLVE LANDSCAPE ASSESSMENT DISTRICT NO. 41.
WHEREAS, Landscape Assessment District No. 41 ("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 1989, the City of Diamond Bar (City) assumed
jurisdiction over the District; and
WHEREAS, the City services and maintains over 12 acres of slopes, 3 acres of
brush areas, and other landscape/irrigation improvements (Improvements) in the District;
and
WHEREAS, the District is bound by Pathfinder Road to the north, Brea Canyon
Cutoff Road to the south, and State Route 57 to the east, as shown on Exhibit "A", and
WHEREAS, the District comprises 544 parcels, with an annual assessment rate
of $220.50 per parcel; and
WHEREAS, since Fiscal Year 2011/12, the revenue being generated by the
assessments 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, 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, in 1996, Article XIIIC and Article XIIID were added to State of
California 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 and to end the General Fund subsidy, 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, on March 16, 2021 the City Council adopted Resolution No. 2021-09
declaring its intent to dissolve the District and fixing 6:30 p.m. on May 4, 2021, as the time
for a public hearing on this question of the dissolution of the District pursuant to California
Streets and Highways Code section 22610; and
Resolution No. 2021-16
WHEREAS, on May 4, 2021 the City Council held a public hearing and received
and considered public input regarding the dissolution of Landscaping Assessment District
No. 41.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar
as follows:
Section 1. The Recitals, as set forth above, are in all respects true and correct,
and are incorporated herein by reference.
Section 2. The public interest and convenience require, and the City Council is
authorized, to dissolve the District pursuant to Division 15, Part 2, Chapter 2, Sections
22605 et seq. of the California Streets and Highways Code, and specifically Section
22610 thereof.
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 the District as shown on Exhibit "A" as attached hereto and
incorporated by reference.
Section 4. Upon the District's dissolution, the City will not provide any services
or maintenance on private property in the District. Private property maintenance shall
become the responsibility of the underlying property owners who will 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 July 1,
2021.
Section 6. The City Council hereby dissolves Landscaping Assessment District
No. 41, effective July 1, 2021.
Section 7. The City Clerk shall certify to the adoption of this Resolution, staff
shall mail notice to all property owners within the District of the adoption of this Resolution,
and staff shall take such actions as may be necessary to cease the collection of
assessments against parcels with the District as of July 1, 2021, and cause a true and
Resolution No. 2021-16
correct copy of this Resolution to be published pursuant to California Government Code
§ 6061.
PASSED, APPROVED AND ADOPTED this Ott' day of May, 2021.
ncy H�yons, 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 4t" day of May, 2021, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAINED
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Chou, Tye, MPT/Low, M/Lyons
None
None
Liu
Kristina Santana, City Clerk
Resolution No. 2021-16
Exhibit A
Landscape Assessment District No. 41 Map
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