HomeMy WebLinkAboutRES 2023-21RESOLUTION NO. 2023-21 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. 38 AND DIRECT CITY STAFF TO ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL AT THE JULY 18, 2023 REGULAR MEETING. WHEREAS, the City of Diamond Bar Assessment District No. 38 ("District") was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§ 22500, et seq.); and 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; and 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 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 the City of Diamond Bar Assessment District No. 38 is hereby approved as filed. Section 3. The Council hereby declares its intention to levy and collect assessments during fiscal year 2023-24 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. 38," as shown on Exhibit "A" attached hereto and incorporated herein by reference. Section 4. A general description of the improvements proposed for the aforementioned district is as follows: The installation, 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 installation, maintenance and servicing of the landscaping and installation, maintenance and servicing Resolution No. 2023-21 of related work shall be within the area of Assessment District No. 38 as shown on Exhibit 'A," as attached hereto and incorporated by reference. The location and type of improvement are shown in Exhibit "A." Section 5. Reference is hereby made to the Engineer's Report relating 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. 38 for fiscal year 2023-24. Said proposed assessment per lot is the amount of $15.00, the same amount that was levied in fiscal year 2022-23. Section 6. This Council hereby fixes 6:30 p.m. on July 18, 2023 in the SCAQMD Auditorium located at 21865 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. 38 for fiscal year 2023-24 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 MID 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 MID, 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 this 20th day of June 2023. CITY OF DIAI)I((tSND BAR An ayor Resolution No. 2023-21 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 20th day of June 2023, by the following roll call vote: AYES: NOES: ABSENT: ABSTAINED COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS. Low, Teng, Tye, MPT/Liu, M/Chou None None None Kristina Santana, City Clerk Resolution No. 2023oo Assessment District # 38 for the City of Diamond Bar i °tCoo , `4 to Exhibit A Leeend district Boundary Medlans Parkways Turf Areas n