HomeMy WebLinkAboutRES 2023-28RESOLUTION NO. 2023-28
A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND
BAR LANDSCAPE ASSESSMENT DISTRICT NO, 41=2021 FOR FISCAL
YEAR 2023-24.
RECITALS
WHEREAS, by Resolution No. 2023-231 the City Council approved a report of the
Engineer of Work (the "Report") related to City of Diamond Bar Landscape Assessment
District No. 41-2021 ("District") prepared pursuant to Article XIIID of the California
Constitution, and the Landscape and Lighting Act of 1972 (the "Act"), Part 2 of Division
15 of the California Streets and Highways Code (commencing with Section 22500
thereof), which described the improvements thereon, and gave notice of and fixed the
time and place of the hearing on the question of assessment thereon for Fiscal Year 2023-
24. A diagram of the area encompassed by the District is attached hereto as Exhibit "A";
WHEREAS, the Report is on file with the City Clerk of the City of Diamond Bar;
WHEREAS, said hearing was duly and properly noticed, commenced in the
SCAQMD Auditorium located at 21865 Copley Drive, Diamond Bar, California on July 18,
2023, and was concluded prior to the adoption of this Resolution; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have
)ccurred.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Diamond
Bar does hereby:
Section 1. The Recitals of this Resolution are in all respects true and correct.
Section 2. The City Council hereby expressly overrules any and all protests filed
objecting to the proposed improvements specified herein or the assessment levied,
therefore.
Section 3. Based upon its review of the Report, and other reports and information,
the City Council hereby finds that (i) the land within the District will be benefitted by the
improvements specified in the Report, (ii) the District includes all of the lands so
benefitted, and (iii) the net amount to be assessed upon the lands within the District for
the 2023-24 fiscal year is apportioned by a formula and method which fairly distributes
the net amount among all assessable lots or parcels in proportion to the estimated
benefits to be received by each such lot or parcel from the improvements.
Section 4. The improvements specified in the Report are hereby ordered to be
completed.
Resolution No. 2023-28
Section 5. The assessment diagram contained in the Report and the assessment
amounts of $557.21 and $512.64 for the single-family and multi -family parcels,
respectively, within said District are hereby adopted and confirmed and said assessment
hereby is levied for the 2023-24 fiscal year.
Section 6. 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 for Fiscal Year 2023-24,
Section 7. The City Council hereby certifies that the assessments to be placed
on the 2023-24 property tax bills meet the requirements of Proposition 218 that added
Articles XIIIC and XIIID to the California Constitution,
Section 8. The assessments are levied without regard to property valuation.
Section 9. The City Treasurer shall deposit all moneys representing assessments
collected by the County to the credit of a special fund for use in City of Diamond Bar
Landscape Assessment District No. 41-2021.
Section 10. The City Clerk is hereby authorized and directed to file the diagram
and assessment with the County Auditor, together with a certified copy of this Resolution
upon its adoption.
Section 11. A certified copy of the assessment and diagram shall be filed in the
office of the City Clerk and open for public inspection.
Section 12. The City Clerk shall certify to the adoption of this Resolution.
PASSED, ADOPTED AND APPROVED this 18t" day of nJuly 2023.
CITY OF f�AMOND BAR
Andr�,w Cf�a�l. Nh�vor
[Signatures continued on the following page]
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Resolution No. 2023-28
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 18th day of July 2023, by the
following roll call vote:
AYES: COUNCIL MEMBERS: Low, Teng, Tye, M/Chou
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: MPT/Liu
Kristina Santana, City Clerk
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Resolution No. 2023-28
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Irtir�u-rii
Exhibit A
Landscape Assessment District 41-2021
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Legend
f0 HEIGHTS
Boundary
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Slope Areas
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4t# (12.06 ac)
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Brush Areas
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