HomeMy WebLinkAboutRES 2022-03�r=6ULUJu HUN N"u Z"Z2m®J
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
WL9EREAS, the City services and maintains five (5) mini -parks, 15 acres of slopes,
39 acres of open space areas, and other landscape and irrigation improvements
(Improvements) in the District; and
WHEREAS, the District is bound on the west by Diamond Bar Boulevard and on
the east by City limits, as shown on Exhibit "A"; and
WHEREAS, the District comprises 1,249 parcels, with an annual assessment rate
of $236 per parcel; and
WHEREAS, since Fiscal Year 2008/09, the revenue being generated by the
assessments have been insufficient to cover the cost of maintaining the District; and
WHEREAS, when the District was created it was structured in order that revenue
from the assessments would.self-support its maintenance; and
WHEREAS, due to the increase in the cost of the service over the years and the
inability to increase assessments to cover those costs, the City has been subszing the
maintenance of the Improvements in the District by using its General Fund; and
WHEREAS, in 1996, Article XIIIC and Article XIIID were added to State of
California's Constitution by Proposition 218 (Prop 218), requiring that any increases in
assessments must be approved by way of a majority protest procedure; and
WHEREAS, in order to have the District self-support its maintenance as originally
structured and to end the General Fund subsidy, the City proposed an increase in the
District assessment fee in 2019 per the majority protest procedure prescribed under Prop
218, but it was overwhelmingly rejected by property owners within the District; and
WHEREAS, on March 16, 2021, the City Council adopted Resolution No. 2021-10
declaring its intent to dissolve the District fixing 6:30 p.m. on May 4, 2021, as the time for
a public hearing on the question of the dissolution of the District pursuant to California
Streets and Highways Code section 22610; and
Resolution No. 2022-03
WHEREAS, on May 4, 2021, the City Council held a public hearing and received
and considered public input regarding the dissolution of Landscaping Assessment District
No. 39, after which the hearing was continued to May 18, 2021; and.
WHEREAS, on May 18, 2021, the City Council continued the public hearing from
May 4, 2021, received and considered public input regarding the dissolution of Landscape
Assessment District No. 39, after which Resolution No. 2021-15 dissolving the District
died for lack of a motion, and the City Council adopted Resolution No. 2021-20 ordering
the preparation of an Engineer's Report for the continuation of District No. 39 for Fiscal
Year 2021-22; and
WHEREAS, on November 2, 2021, the City Council adopted Resolution No. 2021-
49 declaring its intent to dissolve the District, fixing 6:30 p.m. on January 18, 2022 as the
time for a public hearing on the question of the dissolution of the District pursuant to
California Streets and Highways Code section 22610, and ordering staff to give mailed
notice to all affected parcel owners; and
WHEREAS, a notice of said public hearing was published in local newspaper on
January 3rd, 2022, and mailed to all affected property owners at least ten (10) days before
the hearing; and
WHEREAS, on January 18, 2022, the City Council held a public hearing and
received and considered public input regarding the dissolution of Landscaping
Assessment District No. 39.
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,
and are incorporated herein by reference.
Section 2. The public interest and convenience require, and the City Council is
authorized, to dissolve the District pursuant to Division 15, Part 2, Chapter 2, Sections
22605 et seqof the California Streets and Highways Codeand
. , specifically Section
22610 thereof.
Section 3. A general description of the District improvements 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, 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
Resolution No. 2022-03
Section 4. Upon the District's dissolution, the City will not provide any services
or maintenance on private property in the District, with the exception of the public trails
and the five (5) mini -parks. Private property maintenance shall 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 under the
District is available for inspection with the Public Works Director/City Engineer.
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 July 1,
2022.
Section 6. The City Council hereby dissolves Landscaping Assessment District
No. 39, effective July 1, 2022.
Section 7. The City Clerk shall certify to the adoption of this Resolution, staff
shall mail notice to all property owners within the District of the adoption of this Resolution,
and staff shall take such actions as may be necessary to cease the collection of
assessments against parcels with the District as of July 1, 2022, and cause a true and
correct copy of this Resolution to be published pursuant to California Government Code
§ 6061.
PASSED, APPROVED AND ADOPTED this 18t" day of January 2022.
CITY OF DIAMOND BAR
Steve Tye, Coungfl Member
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that
the foregoing Resolution was passed, adopted and approved at a regular meeting of the
City Council of the City of Diamond Bar held on the 18t" day of January 2022, by the
following vote:
AYES: COUNCIL MEMBERS: Liu, Lyons, Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: MPT/Chou, M/Low
Kristina Santana, City Clerk
Resolution No. 2022-03
Exhibit "A"
Landscape Assessment District No. 39 Map
Assessment District # 39
for the
City of Diamond Bar
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