HomeMy WebLinkAboutRES 2022-04RESOLUTION NO. 2022-04
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
DECLARING ITS INTENTION TO FORM LANDSCAPE ASSESSMENT
DISTRICT No. 39=2022 AND LEVY ASSESSMENTS, PRELIMINARILY
APPROVING THE ENGINEER'S REPORT, PROVIDING NOTICE OF
PUBLIC HEARING AND ORDERING THE MAILING OF THE
ASSESSMENT BALLOT
WHEREAS, by Resolution No. 2021-50, approved on November 2, 2021, the City
Council ordered the initiation of proceedings for the formation of Landscape Assessment
District No. 39-2022 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
WHEREAS, Proposition 218 was adopted on November 6, 1996, adding Articles
XIIIC and XIIID to the California Constitution, which impose certain procedural and
substantive requirements relating to assessments (as defined).
WHEREAS, an Engineer's Report ("Report") has been prepared by SCI Consulting
Group, registered, professional engineers ("Assessment Engineer"), and submitted to the
City Council, in which an assessment is proposed to fund the cost of the installation,
maintenance and servicing of improvements within the District boundaries as described
in § 3 below. The proposed landscaping maintenance assessment shall be described as
'Landscape Assessment District No. 39-2022" of the City of Diamond Bar (hereinafter the
'Assessment District").
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. Reference to Initiation. In accordance with direction from the City
Council, SCI Consulting Group, ("Engineer of Work"), prepared an Engineer's Report
("Report") pursuant to the Act and Article XIIID of the California Constitution, The Report
has been prepared, filed with the City Clerk, reviewed and duly considered by the City
Council and is hereby deemed sufficient and preliminarily approved. The Report shall
stand as the Engineer's Report for all subsequent proceedings under and pursuant to this
Resolution.
Section 3. Description of the Improvements: The purpose of the Assessment
District shall be for the installation, maintenance and servicing of improvements. Within
the District, the existing and proposed improvements ("Improvements") are generally
described as the installation, maintenance and servicing of public and private areas and
facilities, including but not limited to, landscaping, sprinkler systems, landscape corridors,
ground cover, shrubs and trees, street frontages, drainage systems, lighting, fencing,
graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as
Resolution No. 2022-04
applicable, for property owned and/or maintained by the City. Installation means the
construction of landscape improvements, including, but not limited to, land preparation,
such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems,
sidewalks and drainage, and lights. Maintenance means the furnishing of services and
materials for the ordinary and usual maintenance, operation and servicing of said
improvements, including (a) repair, removal, or replacement of all or part of any
improvement; (b) providing for the life, growth, health and beauty of landscaping,
including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or
injury; (c) the removal of trimmings, rubbish, debris, and other solid waste; and (d) the
cleaning, sandblasting, and painting of walls and other improvements to remove or cover
graffiti. Servicing means the furnishing of (a) electric current or energy, gas, or other
illuminating agent for any public lighting facilities or for the lighting or operation of any
other improvements, and (b) water for the irrigation of any landscaping, the operation of
any fountains, or the maintenance of any other improvements."
Section 4. Reference to Engineer's Report: The Report is hereby incorporated
by reference. Reference is hereby made to the Report for a full and detailed description
of the Improvements, the boundaries of the Assessment District and the proposed
assessments upon assessable lots and parcels of land within the Assessment District.
Reference is also hereby made to the Report for an estimate of the costs of the
Improvements proposed to be financed from the proceeds of the proposed assessment.
Section 5. Report of the Assessment Engineer: The Report is available for
public review at the City of Diamond Bar City Hall, located at 21810 Copley Drive,
Diamond Bar, CA. The Engineer's Report includes:
A. A description of the Improvements to be funded with assessment proceeds,
services and incidental costs; and
B. An estimate of the annual cost of such Improvements; and
C. A description of the assessable parcels of land within the District and
proposed to be subject to the assessment; and
D. A description of the proportionate special and general benefits conferred on
property by the proposed assessment; and
E. A description of the boundaries of the proposed Assessment District; and
F. A specification of the amount to be assessed upon various types of
assessable land to fund the cost of the Improvements; and
G. The proposed method and formula of assessing the costs and expenses of
the Improvements to the properties which will specially benefit from the Improvements.
2
Resolution No. 2022=04
Section 6. Description of Assessment District: The Assessment District
consists of the lots and parcels shown on the boundary map of the Assessment District
on file with the City Clerk, and reference is hereby made to such map for further particulars
Section 7. Proposed Assessment Rate: It is the intention of this City Council to
levy and collect assessments within the Assessment District. The estimated Fiscal Year
2022-23 cost of providing the Improvements is $656,156. Said estimated cost results in
a proposed Single -Family Equivalent ("SFE") assessment rate of FIVE HUNDRED FOUR
DOLLARS AND FIFTY-EIGHT CENTS ($504.58) for Zone A, FOUR HUNDRED NINETY-
ONE DOLLARS AND NINETY-SEVEN CENTS ($491.97) for Zone B, and FOUR
HUNDRED SIXTY-SIX DOLLARS AND SEVENTY-FIVE CENTS ($466.75) for Zone C
for fiscal year 2022-23. It is the further intention of the City to have the assessment
collected on the tax roll in the same manner, by the same persons, and at the same time
as, together with and not separately from, its general taxes
Section 8. Public Hearing: NOTICE IS HEREBY GIVEN THAT THE PUBLIC
HEARING ON THE PROPOSED ASSESSMENT SHALL BE HELD BEFORE THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR IN THE WINDMILL ROOM, LOCATED AT
21810 COPLEY DRIVE, DIAMOND BAR, CA ON TUESDAY, MARCH 15, 2022 AT THE
HOUR OF 6:30 P.M., OR AS SOON THEREAFTER AS THE MATTER MAY BE HEARD,
FOR THE PURPOSE OF THIS CITY COUNCIL'S DETERMINATION OF WHETHER
THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE
IMPROVEMENTS AND THIS CITY COUNCIL'S FINAL ACTION UPON THE REPORT
AND THE ASSESSMENTS THEREIN. All interested persons shall be afforded the
opportunity to hear and be heard. Any interested person may file a written protest with
the City Clerk, or, having previously filed a protest, may file a written withdrawal of that
protest, prior to the conclusion of the public input portion of the public hearing. A written
protest shall state all grounds of objection. A protest by a property owner shall contain a
description sufficient to identify the property owned by the signer thereof. The City
Council shall consider all oral statements and all written protests made or filed by any
interested person.
Section 9. Notice and Ballot: The City Clerk hereby is authorized and directed
to cause Notice of the hearing ordered under Section 8 hereof to be given in accordance
with law by United States Mail, and such Notice shall be deemed to have been given
when so deposited in the United States Mail. The envelope or cover of the mailing shall
include the name of the City. The mailed Notice shall be given to all property owners of
assessable parcels within the Assessment District by such mailing by name to those
persons whose names and addresses appear on the last equalized secured property tax
assessment roll of Los Angeles County, or in the case of any public entity, the
representative of such public entity at the address thereof known to the City Clerk. The
Notice shall include, but not be limited to, the total amount of assessment proposed to be
levied in the Assessment District for fiscal year 2022-23, the assessment proposed for
the owner's particular parcel(s) and the duration thereof and the reason for the
assessment. Each Notice shall also contain the proposed assessment and the basis
upon which the amount of the assessment was calculated. Each Notice shall also contain
an assessment ballot, a summary of the procedures applicable to the completion, return
3
Resolution No. 2022-04
and tabulation of assessment ballots, the date, time, and location of the public hearing
and a statement that the existence of a majority protest will result in the assessment not
being imposed. The Notice herein provided shall be mailed not less than forty-five (45)
days before the date of the public hearing.
Section 10. Additional Information: To obtain additional information about the
proposed assessments, the Assessment District or the proposed Improvements contact:
Hal Ghafari, Public Works Manager, 21810 Copley Drive, Diamond Bar, CA 91765,
telephone number (909) 839-7000. The Engineer's Report and other written material
about the Assessment District may also be reviewed at the Office of the City Clerk during
regular business hours.
Section 11. Annual Assessments: The assessments are proposed to be levied
annually. If the proposed assessments are approved and confirmed by the City Council,
the assessments will increase in future years by an amount up to the change in the Los
Angeles -Riverside -Orange County area Consumer Price Index ("CPI") without a further
vote or balloting process. In each subsequent year in which the assessments will be
levied, an updated Engineer's Report, including a proposed budget and assessment rate,
shall be prepared. The updated Engineer's Report shall be considered by the City Council
at a noticed public hearing. The updated Engineer's Report shall serve as the basis for
the continuation of the assessments
Section 12. The City Clerk shall certify to the adoption of this Resolution.
PASSED, ADOPTED AND APPROVED this 18t" day of January 2022.
CITY OF DIAMOND BAR
Steve Tye, Cduncil Member
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 18t" day of January 2022, by the
following roll call vote.
AYES:
NOES:
COUNCIL MEMBERS:
Liu, Lyons, Tye
Kristina Santana, City Clerk
Resolution No. 2022-04
Exhibit "A"
Landscape Assessment District No. 39=2022 Map
Assessment District # 39-4U44
for the
City of Diamond Bar
J
��iu►e��� �1 �FF
Leaend _ }
District ,,,�+�
Boundary
Mini -Parks
r Slope Area
r, Brush Area N
Tractor Areas
Trails
5cn�rt.�r, `sn�c:
1
5