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HomeMy WebLinkAboutRES 2021-49RESOLUTION NO. 2021-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DECLARING THE CITY'S INTENT TO DISSOLVE LANDSCAPE MAINTENANCE DISTRICT NO.39 AND DIRECT STAFF TO ADVERTISE A PUBLIC HEARING TO BE HELD AT THE JANUARY 18, 2022 CITY COUNCIL 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 19897 the City of Diamond Bar ("City") assumed jurisdiction over the District; and WHEREAS, the District is comprised of five (5) City -owned mini -parks, City -owned trails, 15 acres of private slopes, 39 acres of private open space areas, and other landscape and irrigation improvements ("Improvements"); and WHEREAS, the District is bound on the west by Diamond Bar Boulevard and on the east by the City limits, as shown on Exhibit "A"; and WHEREAS, the District comprises 1,249 parcels, with an annual assessment rate A $236 per parcel; and WHEREAS, the District was originally created at the request of the developer of the property within the District and structured in a manner in which the revenue generated from the assessments would pay the entire cost for maintaining the Improvements, but since Fiscal Year 2008/09 the revenue has been insufficient to cover such costs, resulting in public tax dollars being used to subsidize the cost of maintaining private property; and WHEREAS, in 1996, Article XIIIC and Article XIIID were added to the California Constitution by Proposition 218 ("Prop 218"), eliminating the ability of the City Council to increase assessments to pay the maintenance costs and instead, requiring that any increases in District assessments be approved by a weighted majority of the property owners voting thereon; 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, but the proposed increase was overwhelmingly rejected (78.76% to 21.24%) by property owners within the District; and WHEREAS, property owners within the District requested a second opportunity to consider increasing assessments in a sufficient amount to pay for the cost of maintaining the Improvements; and Resolution No. 2021-49 WHEREAS, the City Council has agreed to provide a second opportunity for property owners to vote upon the increased assessments; and WHEREAS, the method chosen by the City for providing this second opportunity is to dissolve the existing District and have the property owners vote to create a new District 39-2022 with increased assessments sufficient to cover the cost of maintaining the Improvements; and WHEREAS, for the reasons set forth above, the City declares its intent to dissolve the District pursuant to California Streets and Highways Code section 22610 and cease the levy and collection of assessments against parcels of land within the District beginning on July 1 of the 2022-23 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 forth above, are in all respects true and correct such Recitals are incorporated 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, 2022, for the maintenance of the Improvements. Section 3. A general description of the maintenance activities and Improvements is as follows: The maintenance, and servicing of the Improvements, 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, gation, or electrical facilities. Said maintenance and servicing of the landscaping and installation, maintenance or servicing of related work shall be within the area of the District as shown on Exhibit "A", as attached hereto and incorporated herein by reference. Section 4. Upon the District's dissolution and provided that District 39-2022 is not approved by the required majority vote, the City will cease providing any services or maintenance on private property in the District, but will continue to maintain existing public trails and the five (5) public mini -parks through its own revenues. In such an event, the maintenance of the private property within the District will 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 within the District is available for inspection with the Public Works Director/City Engineer. 2 Resolution No. 202149 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 on July 1 of the 2022/23 Fiscal Year. Section 6. The City Council hereby fixes 6:30 p.m. on January 18, 2022, as the time for a hearing on the question of the dissolution of the District. shall: Section 7. The City Clerk shall certify to the adoption of this resolution and staff (1) Cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6061. (2) Give mailed notice of hearing to the property owners in the District consistent with applicable law. PASSED, APPROVED AND ADOPTED this 2"d day of November 2021. ATTEST: I, Kristina Santana, City Clerk c the foregoing Resolution was passed, the City Council of the City of Diamond following roll call vote: AYES: NOES: ABSENT: ABSTAINED THE CITY OF DIAMOND BAR Nancy A ons,/M L y f the City of Diamond Bar, do hereby certify that CI and adopted at the regular meeting of Bar held on the 2"d day of November 2021, by the COUNCIL MEMBERS COUNCIL MEMBERS COUNCIL MEMBERS COUNCIL MEMBERS Liu, Tye, M/Lyons None None Chou, MPT/Low Kristina Santana, City Clerk P.esolution No. 2021-49 f ,s 1 - 1�'I ;fI Hi. .t-. EXHIBIT A District No. 39-2022 L F�daa r 6�eRarY:�nwS� . y r1, rr 3 ',44 � ' r erg >Gk � n ou- LL le egend bistriot 0 Boundary %100 a Mini -Parks _ Slope Area Brush Area /Y Tractor Areas Trails ; , 4 r L r