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HomeMy WebLinkAboutRES 2025-22RESOLUTION NO. 2025-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO DECLARE THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPING ASSESSMENT DISTRICT NO. 38 AND DIRECT CITY STAFF TO ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL AT THE JULY 15, 2025 REGULAR MEETING. WHEREAS, the City of Diamond Bar Landscaping Assessment District N ("District") was created pursuant to Part 2 of Division 15 of the California Street Highways Code (§ 22500, et seq.), known as the Landscaping and Lighting Act of ("Act"); and . o38 s and 1972 WHEREAS, NBS has been designated as Engineer of Work for purposes of these proceedings (the "Engineer of Work") and ordered to prepare the Engineer's Report in accordance with the Act; and WHEREAS, the Engineer of Work has filed the Engineer's Report (the "Report") with the City Clerk, copies of which have been submitted to this City Council, which Report contains the information required by the Act, including: (a) a calculation of the portion of the services to be provided by the District that constitute a special benefit to the parcels in the District; (b) a methodology for assigning assessments to individual parcels; (c) a listing of each lot or parcel of property that would be subject to the proposed assessment; (d) the estimate of cost for the improvements; and (e) the amount of the proposed assessment for each lot or parcel for the fiscal year 2025-26. 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 this Resolution, are in all respects true and correct. Section 2. The above -described Report submitted by the Engineer of Work relating to the District is hereby approved as filed. Section 3. The Council hereby declares its intention to levy and collect assessments during fiscal year 2025-26 pursuant to the Act, within the area designated 'City of Diamond Bar Landscaping 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: Resolution No. 2025-22 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, paving, irrigation, or electrical facilities. Said installation, maintenance, and servicing of the landscaping and related work shall be within the area of the District 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 Report relating to said 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 District, and contains the proposed assessments upon assessable lots and parcels of land within the District for fiscal year 2025-26. Said proposed assessment per lot or parcel is the amount of $15.00, the same amount historically levied. Section 6. This Council hereby fixes 6:30 p.m. on July 15, 2025, or as soon thereafter as the matter may be heard, 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 parcels within the District for fiscal year 2025-26 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 XIII D of the California Constitution (the "Article XIII D"), that the assessments are imposed exclusively to finance the installation, maintenance, and servicing of improvements within the District, and that the assessment is exempt from the requirements of Article XIII D. 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 17t" day of June 2025. CITY OF DIAMOND BAR Chia Yu Teng, Mayo 2 Resolution No. 2025-22 H 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 17t"day of June 2025, by the following roll call vote: AYES: NOES: ABSENT: ABSTAINED COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Low, MPT/Tye, M/Teng None Chou, Liu None Kristina Santana, City Clerk 3 Resolution No. 2025-22 Exhibit A Assessment District # 38 f h forthe e City of Diamond Bar 1 i - _- 1.: I, 1 oiscri�c Boundary ' Medians be Parkways Turf Areas N n