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RESOLUTION NO. 2021-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR TO DECLARE THE CITY'S INTENTION TO LEVY AND COLLECT
ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 38 AND DIRECT THE
STAFF TO ADVERTISE THE PUBLIC HEARING BEFORE THE
COUNCIL AT THE JULY 6, 2021 REGULAR MEETING.
WHEREAS, the City of Diamond Bar Assessment District No. 38 ("District") was
created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§
22500, et seq.).
WHEREAS, SCI Consulting Group, the Engineer of Work, has prepared, filed with
the City Clerk and presented to this Council a report relating to said assessment district
pursuant to the provisions of the California Streets and Highways Code § 22623.
WHEREAS, all legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond
as follows:
Section 1. The Recitals, as set forth in Part A of this Resolution, are in all
respects true and correct.
Section 2. The above-described report submitted by the Engineer of Work
relating to City of Diamond Bar Assessment District No . 38 is hereby approved as filed.
Section 3. The Council hereby declares its intention to levy and collect
assessments during fiscal year 2021-22 pursuant to Part 2 of Division 15 of the Streets
and Highways Code of the State of California, known as the "Landscaping and Lighting
Act of 1972, "within that area designated "City of Diamond Bar Assessment District No.
38," as shown on Exhibit "A-1" attached hereto and incorporated herein by reference.
Section 4. A general description of the improvements proposed for the
aforementioned district is as follows:
The installation, 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 and weed control, and the
installation or construction of appurtenant facilities, including curbs, gutters, walls,
sidewalks or paving, or water, irrigation, or electrical facilities. Said installation,
maintenance and servicing of the landscaping and installation, maintenance and servicing
of related work shall be within the area of Assessment District No. 38 as shown on Exhibit
"A-1 ," as attached hereto and incorporated by reference. The location and type of
improvement is shown on Exhibit "A-1."
Resolutiqn No. 2021-28
Section 5. Reference is hereby made to the Engineer's Report relating to the
said assessment district hereinabove approved. Said report is on file with the City Clerk
of the City of Diamond Bar and contains a full and detailed description of the
improvements, the boundaries of the assessment district and contains the proposed
~ssessments upon assessable lots and parcels of land within City of Diamond Bar
Assessment District No. 38 for fiscal year 2021-22. Said proposed assessment per lot is
the amount of $15.00, the same amount which was levied in fiscal year 2020-21.
Section 6. This Council hereby fixes 6:30 p.m. on July 6, 2021 in the Windmill
community Room at City Hall, 21810 Copley Drive, Diamond Bar, California, as the time
and place for a hearing before this Council on this question of the levy of the proposed
assessments on assessable lots with City of Diamond Bar Assessment District No. 38 for
fiscal year 2021-22 and hereby gives notice of said hearing.
Section 7. The City Council hereby determines and declares that the proposed
assessments constitute a continuation of assessments existing on the effective date of
Article XI liD of the California Constitution, that the assessments are imposed exclusively
to finance the capital costs and maintenance and operation expenses for streets and
sidewalks and that the assessment are exempt from the requirements of Article XIIID,
Section 4 of the California Constitution.
Section 8. The City Clerk shall certify to the adoption of this Resolution; and
staff shall cause a true and correct copy of this Resolution to be published pursuant to
California Government Code§ 6061.
PASSED, ADOPTED AND APPROVED this 15th day of June 2021.
ATTEST:
I, KRISTINA SANTANA, 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 15th day of June 2021, by the
following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS :
ABSENT: COUNCIL MEMBERS:
ABSTAINED : COUNCIL MEMBERS:
2
Chou, Liu, Tye, MPT/Low, M/Lyons
None
None
None
Kristina Santana, City Clerk
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Resolution No. 2021-28
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Assessment District # 38
for the
City of Diamond Bar
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Exhibit A-1
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District '
Boundary ''-,..,.. •
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