HomeMy WebLinkAboutRES 2021-33RESOLUTION NO. 2021-33
(FORMATION)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, APPROVING ENGINEER'S REPORT, CONFIRMING
DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF
LANDSCAPE ASSESSMENT DISTRICT NO. 41=2021 FOR FISCAL
YEAR 2021-22
WHEREAS, by Resolution No. 2021-12, approved on April 6, 2021, the City Council
ordered the initiation of proceedings for the formation of a landscape maintenance district
pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the California
Streets and Highways Code (commencing with § 22500 thereof) ("Act") and Article XIII-D
of the California Constitution to be known as the Landscape Assessment District No. 41-
2021 ("Assessment District") of the City of Diamond Bar, for the purpose of financing the
cost of installation, maintenance and servicing as detailed in the Engineer's Report
prepared by the Assessment Engineer, 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 funded with
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
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 Assessment District, and (6) a
specification of the amount to be assessed upon various types of assessable land within
the Assessment to fund the cost of the Improvements. The Engineer's Report is
incorporated herein by this reference.
WHEREAS, the City Council adopted Resolution No. 2021-21 on May 18, 2021, a
Resolution Declaring Intention to Levy Assessments, Preliminarily Approving the
Engineer's Report, Providing Notice of Public Hearing and the Mailing of the 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 the Engineer's Report.
WHEREAS, the City Council adopted Resolution No. 2019-18 on May 21, 2019, a
Resolution of Intention to Conform with Proposition 218 and its requirements.
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 Assessment
boundaries for the proposed Landscape Assessment District, as set forth on the
Assessment Diagram and Boundary Map, of a public hearing which was held at a regular
meeting of the City Council on July 6, 2021, at 6:30 p.m. in the Windmill Room, located at
21810 Copley Drive, Diamond Bar, CA, on the issue of whether the Landscape Assessment
Resolution No. 2021-33
District should be formed and assessments levied and collected as proposed in the
Engineer's Report for Fiscal Year 2021-22 and future Fiscal Years.
WHEREAS, Lhe form of written mailed public notice of the public meeting contained
the following information: (a) the total amount of assessments proposed to be levied within
the District for Fiscal Year 2021-22; (b) the assessment chargeable to each owner's parcel;
(c) the duration of the proposed assessment; (d) the reason for the assessment; (e) the
basis upon which the amount of the proposed assessment was calculated;( 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 form of the written mailed public
notice also included an Assessment ballot by which each property owner could express
their support or opposition to the proposed assessment. The ballot indicated that it must
be returned before the conclusion of the public hearing on July 6, 2021, 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
July 6, 2021, by the City clerk.
WHEREAS, pursuant to the provisions of California Constitution Article XIIID, an
opportunity for protest has been afforded, and the assessment ballots mailed to owners of
assessable real property within the proposed boundaries of the Landscape Assessment
District No. 41-2021 have been received and tabulated, with assessment ballots weighted
according to the proportional financial obligation of each affected parcel.
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 canvass of the assessment ballots submitted by the property
owners is complete and certed by the Tabulator, Cl" the votes cast are as follows:
Total
Number of Valid Ballots Processed:
318
Total
Assessment Amount of Valid Ballots:
$165,423496
Total
Number of "Yes" Votes Processed:
279
Total
Assessment Amount of "Yes" Votes Processed:
$144,835026
Percentage of "Yes" votes, unweighted:
86.65%
Total
Percentage of "Yes" Ballots, weighted:
87.55%
Total
Number of "No" Votes Processed:
39
Total
Assessment Amount of "No" Votes Processed:
$20,588670
Percentage of "No" votes, unweighted:
12.11 %
Total
Percentage of "No" Ballots, weighted.
12.45%
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Resolution No, 2021-33
Total
Number of "Invalid"
Votes Processed
4
Total
Assessment
Amount of "Invalid" Votes Processed:
$2,016.86
Section 3. 322 assessment ballots were returned and received prior to the
close of the public hearing on July 6, 2021. This represents a 58.9 % ballot return rate
on the 547 ballots mailed. Of the assessment ballots returned, 4 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, 87.55 % of the property owners cast ballots in support of
Landscape Assessment District No. 41-2021. Since a majority protest, as defined by Article
XIIID of the California Constitution, did not exist, this City Council thereby acquired
jurisdiction to order the levy of assessment prepared by and made a part of the Engineer's
Report to pay the costs and expenses thereof.
Section 5. The Final Engineer's Report for Landscape Maintenance District No.
41-2021, together with the diagram of the Assessment District contained therein, and the
proposed assessment roll for Fiscal Year 2021-22 are hereby confirmed and approved.
Section 6. Based on the oral and documentary evidence, including the Engineer's
Report, offered and received at the public hearing, the City Council expressly finds and
determines that: (a) each of the several assessed lots and parcels of land within the District
will be specially benefited by the Improvements (as described in the Engineer's Report) in
at least the amount of the Assessment apportioned against such lots and parcels of land,
respectively; and (b) that there is substantial evidence to support, and the weight of the
evidence preponderates in favor of, said finding and determination as to special benefit to
property with the District from the Improvements to be financed with assessment proceeds.
Section 7. Landscape Assessment District No. 41-2021 is hereby formed, and
assessments consistent with the Engineer's Report are hereby levied, pursuant to the
Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and
Highways Code.
Section 8. Assessments for Fiscal Year 2021-22 shall be levied at the rate of five
hundred twenty-five dollars and twenty-two cents ($525.22) per single family residence and
four hundred eighty-three dollars and twenty-one cents ($483.21) per condominium
residence as specified in the Engineer's Report for Fiscal Year 2021-22 with estimated total
annual assessment revenues as set forth in the Engineer's Report.
Section 9. The Landscape Assessment District No. 41-2021 Improvements to be
financed with assessment proceeds described in the Engineer's Report are hereby ordered.
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Resolution No. 2021-33
Section 10. The authorized maximum assessment to be levied in future Fiscal
Years shall be increased by an amount up to the change in the Los Angeles- Rive rside-
Orange County area Consumer Price Index, but not exceeding three percent (3%) annually,
which adjustment shall be based on actual costs, including any reasonable reserves,
supported by an Engineer's Report prepared in accordance with Article XIIID of the
California Constitution,
Section 11. The assessment is in compliance with the provisions of the Act, and
the City Council has complied with all laws pertaining to the levy of an annual assessment
pursuant to the Act. The assessment is levied for the purpose of paying the costs and
expenses of the improvements described in the report referred to hereinabove for fiscal
year 2021-22.
Section 12. The City of Diamond Bar City Council hereby certifies that the
assessments to be placed on the 2021-22 property tax bills meet the requirements of
Proposition 218 that added Article XIIID to the California Constitution,
Section 13. The assessments are levied without regard to property valuation.
Section 14. Immediately upon the adoption of this resolution, but in no event later
than the second Monday in August following such adoption, the City Council shall file a
certified copy of the Diagram and Assessment and a certified copy of this resolution with
the Auditor/Tax Collector of the County of Los Angeles ("County Auditor/Tax Collector").
Upon such filing, the County Auditor/Tax Collector shall enter on the County tax roll
opposite each lot or parcel of land the amount of assessment thereupon as shown in the
Assessment. The assessments shall be collected at the same time and in the same manner
as County taxes are collected and all laws providing for the collection and enforcement of
County taxes shall apply to the collection and enforcement of the assessments. After
collection by the County Tax Collector, the net amount of the assessments, after deduction
of any compensation due the County for collection, shall be paid to the City of Diamond Bar
Landscape Assessment District No 41-2021.
Section 15. The monies representing assessments collected shall be deposited in
a separate fund established under the distinctive designation of the Landscape Assessment
District No. 41-2021. Funds collected from Landscape Assessment District No. 41-2021
Assessment shall be expended only for the special benefit of parcels within the District.
Section 16. The Landscape Assessment District No. 41-2021 Assessment, as it
applies to any parcel, may be corrected, cancelled or a refund granted as appropriate, by
order of the City Council by a determination from the Assessment Engineer that the
Assessment should be revised to be consistent with the method of assessment established
in the Engineer's Report. Any such corrections, cancellations or refunds shall be limited to
the current Fiscal Year.
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Resolution No. 2021-33
Section 17, 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, APPROVED and ADOPTED this 6t" day of July 2021.
ATTEST:
I, Kristina Santana, City Clerk of t
foregoing Resolution was duly and
Council of the City of Diamond Bar,
of July, 2021, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
THE CITY OF DIAMOND BAR
ancy
N,Ati,.L'yons, M
he City of Diamond Bar, do hereby certify that the
regularly passed, approved and adopted by the City
California, at its regular meeting held on the 6t" day
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Chou, Tye, MPT/Low, M/Lyons
None
None
Liu
Kristina Santana, City Clerk
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Resolution No. 2021-33
EXHIBIT A
Assessment District #41-2021
forthe
City of Diamond Bar
i
District
Boundary
Turf Areas
Slope Areas
(12 ac)
Brush Areas
(3 ac)
Tractor Areas
(25 ac)
Goat Areas
(71 ac)
�I
w
L
