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HomeMy WebLinkAboutRES 2021-29[ RESOLUTION NO. 2021-29 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. 39 AND DIRECT 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. 39 ("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 Bar 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. 39 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. 39," as shown on Exhibit "A-2" attached hereto and incorporated herein by reference. Section 4. A general description of the improvements proposed for the aforementioned district 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 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 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-2" as attached hereto and incorporated by reference. The location and type of improvement is shown on Exhibit "A-2." Resolution No. 2021-29 Section 5. Reference is hereby made to the Engineer's Report relat i ng 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 assessments upon assessable lots and parcels of land within City of Diamond Bar Assessment District No. 39 for fiscal year 2021-22. Said proposed assessment per lot is the amount of $236.00, 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. 39 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 XIIID 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 thi~~ r a~~ 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 151h day of June 2021, by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Chou, Liu, Tye, MPT/Low, M/Lyons None None None . Kristina Santana, City Clerk J I Resolution No. 2021-29 Di st rict ' Boundary ,,. "' Min i·Parks (6 .95 AC) Slope Ar eas (14 .67 a c) ExhibitA-2 ·:···