Assessment Roll
An Assessment Roll (a listing of all parcels assessed within the District and the amount of the Assessment) will be filed with the City Clerk and is, by reference, made part of this Report and is available for public inspection during normal office hours at the City Hall at 21810 Copley Drive, 2nd floor, Diamond Bar, California 91765.
Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by reference, made part of this Report.
These records shall govern for all details concerning the description of the lots or parcels.
6.2.b
Packet Pg. 321
Agenda #: 6.3
Meeting Date: May 17, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: RESOLUTION LEVYING ASSESSMENTS ON LANDSCAPE
ASSESSMENT DISTRICT NO. 41-2021 FOR FISCAL YEAR 2022/23.
STRATEGIC
GOAL: Responsible Stewardship of Public Resources
RECOMMENDATION:
A. Receive presentation, open Public Hearing to receive testimony, close Public Hearing; and
B. Adopt Resolution No. 2022-27 to levy and collect assessments for Landscape Assessment District No. 41-2021 for Fiscal Year 2022/23.
FINANCIAL IMPACT:
For FY 2022/23, the assessment for Landscaping Assessment District No. 41-2021 is proposed to increase by 3% making the assessment amount for the single-family and condominium parcels $540.98 and $497.71, respectively. As shown in the attached Engineer’s Report, $293,471 of assessment generated by this District and $10,986 of General Fund Contribution (General Benefit at 3.84%) are proposed to pay for the operation and maintenance costs budgeted in Special Fund No. 241.
BACKGROUND/DISCUSSION:
As part of the assessment district updates, the City must undergo a three-step process.
Throughout the entire process, all proceedings for the maintenance of improvements are pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 Division 15 of the Streets and Highways Code of the State of California and applicable provisions of Proposition 218, Article 10 XII D of the California Constitution.
On April 19, 2022, the City Council approved Resolution No. 2022-18, ordering the City Engineer to prepare and file a report related to the maintenance of public improvements in the City’s Landscaping Assessment District No. 41-2021 (LAD 41-2021) and any
6.3 Packet Pg. 322
assessment thereon for the Fiscal Year 2022/23.
On May 3, 2022, the City Council adopted Resolution No. 2022-21, declaring the City's intention to levy and collect assessments for LAD 41-2021 and directing staff to advertise the Public Hearing to be set for the May 17, 2022 regular meeting.
This is the final part of the three-step process in which the City Council conducts a public hearing on the District’s proposed annual assessment, and subsequently considers the related resolutions confirming the levy assessments.
The attached Engineer’s Report for LAD 41-2021 (Attachment 2), prepared pursuant to provisions of the aforementioned law of the State of California, includes authority for the report, estimated costs of operation and maintenance, and a diagram for the District and the assessments.
The estimated number of parcels within the LAD 41-2021 is 554 parcels. The amounts assessed upon the lands within LAD 41-2021 for the Fiscal Year 2021/22 were $525.22 and $483.21 per parcel for the single-family houses and condominium units, respectively. Those amounts for the Fiscal Year 2022/23 are proposed to increase by 3% to $540.98 and $497.71 per parcel. The assessments will be utilized for the general maintenance of slopes, and open space areas, within LAD 41-2021 as identified in the corresponding Engineer’s Report and Exhibit “A” of the attached Resolution (Attachment 1).
Although the proposed assessment is 3% higher than last fiscal year, for purposes of Proposition 218, if a resolution was presented to the voters within the District providing that the assessment may be adjusted for inflation pursuant to a clearly identified formula stated in the Resolution is approved by the voters with the District, it is exempt from Proposition 218’s majority protest voting requirements. In voting to create District 41- 2021, the voters within the District approved increases in the assessment based on actual costs, but subject to a 3% cap. Since the proposed assessment is within that cap, the majority protest process is not required.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Resolution as to form.
PREPARED BY:
6.3 Packet Pg. 323
REVIEWED BY:
Attachments:
1. 6.3.a Resolution No. 2022-27
2. 6.3.b LAD 41-2021 FY 2022/23 Engineer's Report
6.3 Packet Pg. 324
RESOLUTION NO. 2022-27
A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND
BAR LANDSCAPE ASSESSMENT DISTRICT NO. 41-2021 FOR FISCAL YEAR 2022-23.
RECITALS
WHEREAS, by Resolution No. 2022-21, 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 2022-
23. 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 Windmill Room, located at 21810 Copley Drive, Diamond Bar, California on May 17, 2022, and was concluded prior to the adoption of this Resolution; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
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 2022-23 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.
6.3.a
Packet Pg. 325
Resolution No. 2022-27
2 Section 5. The assessment diagram contained in the Report and the assessment amounts of $540.98 and $497.71 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 2022-23 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 2022-23.
Section 7. The City Council hereby certifies that the assessments to be placed on the 2022-23 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 17th day of May 2022.
CITY OF DIAMOND BAR
_______
Ruth M. Low, Mayor
[Signatures continued on the following page]
6.3.a
Packet Pg. 326
Resolution No. 2022-27
3 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 17th day of May 2022, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
_______
Kristina Santana, City Clerk
6.3.a
Packet Pg. 327
Resolution No. 2022-27
4 Exhibit A
Landscape Assessment District 41-2021
6.3.a
Packet Pg. 328
FY 2022-23 ENGINEER’S REPORT
City of Diamond Bar
Landscaping Assessment District No. 41-2021
May 2022
6.3.b
Packet Pg. 329
CITY OF DIAMOND BAR PAGE ii
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
City of Diamond Bar
City Council
Ruth M. Low, Mayor
Andrew Chou, Mayor Pro Tem
Stan Liu, Councilmember
Nancy A. Lyons, Councilmember
Steve Tye, Councilmember
City Manager
Dan Fox
Public Works Director
David Liu
City Attorney
David DeBerry
Engineer of Work
Jerry Bradshaw, P.E.
SCI Consulting Group
6.3.b
Packet Pg. 330
CITY OF DIAMOND BAR PAGE iii
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
(This Page Intentionally Left Blank)
6.3.b
Packet Pg. 331
CITY OF DIAMOND BAR PAGE iv
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Table of Contents
Introduction.................................................................................................... 6 Overview ......................................................................................................................6 Engineer’s Report and Continuation of Assessments..................................................7 Legislative Analysis.......................................................................................................7 Plans & Specifications ................................................................................... 10 Fiscal Year 2022-22 Estimate of Cost and Budget ........................................... 12 Budget for Fiscal Year 2022-23...................................................................................12 Method of Assessment Apportionment......................................................... 14 Method of Apportionment.........................................................................................14 Discussion of Benefit..................................................................................................14 Special Benefit............................................................................................................16 General Versus Special Benefit ..................................................................................18 Benefit Finding ...........................................................................................................20 Method of Apportionment.........................................................................................22 Residential Properties................................................................................................23 Vacant/Undeveloped Properties................................................................................23 Other Property Types.................................................................................................24 Annual Assessment Calculation..................................................................................24 Duration of Assessment .............................................................................................25 Appeals of Assessments Levied to Property ..............................................................25 Assessment Funds Must Be Expended Within the District Area................................25 Assessment................................................................................................... 26 Assessment Diagram ..................................................................................... 29 Assessment Roll ............................................................................................ 30
6.3.b
Packet Pg. 332
CITY OF DIAMOND BAR PAGE v
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
List of Tables
Table 1: FY 2022-23 Estimate of Costs.............................................................................. 12 Table 2: Assessment Rate Determination......................................................................... 13 Table 3: FY 2022-23 Summary Cost Estimate ................................................................... 26
6.3.b
Packet Pg. 333
CITY OF DIAMOND BAR PAGE 6
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Introduction
Overview
The City of Diamond Bar (the “City”) services and maintains turf areas, slopes and open space areas and other improvements (“Improvements”) in the Diamond Bar Hills area of the City. In order to fund the maintenance and operation (“Services”) of these projects and improvements, Landscaping Assessment
District No. 41 was formed in 1985 by the
County of Los Angeles prior to the
incorporation of the City of Diamond Bar.
Upon incorporation in 1989, the City assumed
jurisdiction over the District. Since the passage
of Proposition 218, the assessments for this
existing District cannot be increased beyond
the previously approved amount of $280.00
per parcel. This assessment amount does not
generate sufficient revenue to fund the
District’s improvements and services, and the
annual shortfalls have been funded by the
City’s General Fund.
The City Council has directed that a new
assessment be proposed and voted on by property owners within the District in accordance with Proposition 218 (Article XIIIC and D or the California Constitution). Their intent is to replace the existing District No. 41 with a new District No. 41-2021 that would adhere to the existing boundary and include the same improvements and services. If approved, the existing District No. 41 will be dissolved.
This Engineer’s Report ("Report") was prepared to establish the budget for the Improvements (as described below) that will be funded by the proposed assessments and other revenue, and to determine the general and special benefits received from the Improvements by property within the District and the method of assessment apportionment to lots and parcels. This Report and the assessments have been made pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "Act") and Article XIIID of the California Constitution (the “Article”).
6.3.b
Packet Pg. 334
CITY OF DIAMOND BAR PAGE 7
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Engineer’s Report and Continuation of Assessments
The assessments were approved by a property-owner ballot proceeding in 2021, and were intended to replace the original District No. 41 which was established in 1985. In each subsequent year for which the assessments will be continued, the Diamond Bar City Council (the “Council”) must direct the preparation of an Engineer’s Report, budgets, and proposed assessments for the upcoming fiscal year. After the report is completed, the City Council may preliminarily approve the Engineer’s Report and the continued assessments and establish the date for a public hearing on the continuation of the assessments. Accordingly, this Engineer’s Report (the “Report”) was prepared pursuant to the direction of the City Council.
As required by the Act, this Report includes plans and specifications, a diagram or map of the District, the benefits received by property from the Improvements within the District, and the method of assessment apportionment to lots and parcels within the District.
If the Council approves this Engineer’s Report and the continuation of the Assessments by resolution, a notice of public hearing must be published in a local newspaper at least 10 days prior to the date of the public hearing. The resolution preliminarily approving the Engineer’s Report and establishing the date for a public hearing is typically used for this notice.
Following the minimum 10-day time period after publishing the notice, a public hearing is held for the purpose of allowing public testimony about the proposed continuation of the Assessments. This hearing is currently scheduled for May 17, 2022. At this hearing, the Council will consider approval of a resolution confirming the continuation of the Assessments for fiscal year 2022-23. If so confirmed and approved, the Assessments would be submitted to the Los Angeles County Auditor/Controller for inclusion on the property tax rolls for fiscal year 2022-23.
Legislative Analysis
Proposition 218
The Right to Vote on Taxes Act was approved by the voters of California on November 6, 1996 and is now Article XIIIC and XIIID of the California Constitution. Proposition 218 provides for benefit assessments to be levied to fund the cost of providing services and improvements, as well as maintenance and operation expenses to a public improvement which benefits the assessed property.
6.3.b
Packet Pg. 335
CITY OF DIAMOND BAR PAGE 8
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Silicon Valley Taxpayers Association, Inc. v Santa Clara County Open Space Authority (2008) 44 Cal. 4th 431
In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (“SVTA”). This ruling is significant in that the Court clarified how Proposition 218 made changes to the determination of special benefit. The Court also found that:
Benefit assessments are for special, not general, benefit The services and/or improvements funded by assessments must be clearly defined
Special benefits are directly received by and provide a direct advantage to property in the Improvement District
The assessment paid by property should be proportional to the special benefits it receives from the Improvements
Dahms v. Downtown Pomona Property (2009) 174 Cal. App. 4th 708 In Dahms v. Downtown Pomona Property (“Dahms”) the Court upheld an assessment that was 100% special benefit (i.e. 0% general benefit) on the rationale that the services and improvements funded by the assessments were directly provided to property in the assessment district. The Court also upheld discounts and exemptions from the assessment for certain properties.
Bonander v. Town of Tiburon (2009) 180 Cal. App. 4th 103 Bonander v. Town of Tiburon (“Bonander”), the 1st District Court of Appeal overturned a benefit assessment approved by property owners to pay for placing overhead utility lines underground in an area of the Town of Tiburon. The Court invalidated the assessments primarily on the grounds that the assessments had been apportioned to assessed property based on the costs within sub-areas of the assessment district instead of the overall cost of the improvements and the overall proportional special benefits.
Beutz v. County of Riverside (2010) 184 Cal. App. 4th 1516 Steven Beutz v. County of Riverside (“Beutz”) the Court overturned an assessment for park maintenance in Wildomar, California, primarily because the general benefits associated with improvements and services were not explicitly calculated, quantified and separated from the special benefits.
6.3.b
Packet Pg. 336
CITY OF DIAMOND BAR PAGE 9
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Golden Hill Neighborhood Association v. City of San Diego (2011) 199 Cal.
App. 4th 416
On September 22, 2011, the San Diego Court of Appeal issued a decision on the Golden Hill Neighborhood Association v. City of San Diego appeal. This decision overturned an assessment for street and landscaping maintenance in the Greater Golden Hill neighborhood of San Diego, California. The court described two primary reasons for its decision. First, like in Beutz, the court found the general benefits associated with services were not explicitly calculated, quantified and separated from the special benefits. Second, the court found that the City had failed to record the basis for the assessment on its own parcels.
Compliance with Current Law
This Engineer’s Report is consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution because the Improvements to be funded are clearly defined; the benefiting property in the District enjoys close and unique proximity, access and views to the Improvements; the Improvements serve as an extension of usable land area for benefiting properties in the District and such special benefits provide a direct advantage to property in the District that is not enjoyed by the public at large or other property.
This Engineer’s Report is consistent with Beutz, Dahms and Greater Golden Hill because the Improvements will directly benefit property in the District and the general benefits have been explicitly calculated and quantified and excluded from the Assessments. The Engineer’s Report is consistent with Bonander because the Assessments have been apportioned based on the overall cost of the Improvements and Services proportional special benefit to each property, rather than the proportional cost to the District to provide the Improvements to specific properties.
6.3.b
Packet Pg. 337
CITY OF DIAMOND BAR PAGE 10
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Plans & Specifications
The City maintains landscaping and other improvements in locations within the District’s boundaries. The work and improvements to be undertaken by Landscaping Assessment District No. 41-2021, (“District”), and the cost thereof paid from the levy of the annual Assessment provide special benefit to Assessor Parcels within the District as defined in the Method of Assessment herein. In addition to the definitions provided by the Landscaping and Lighting Act of 1972 (the “Act”), the work and improvements are generally described as mini-parks, slopes and open space areas within the District. The Assessment Diagram shows the location and extent of the Improvements to be installed, maintained or serviced by the proceeds from this Assessment District.
Installation, maintenance and servicing of Improvements, may include, but are not limited to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems, sidewalks, lighting, fencing, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable, at each of the locations owned, operated or maintained by the District.
As applied herein, “Installation” means the construction of Improvements, including, but not limited to, land preparation (such as grading, leveling, cutting and filling), sod, landscaping, irrigation systems, walkways and drainage, lights, playground equipment, play courts, playing fields, recreational facilities and public restrooms. “Maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including repair, removal or replacement of all or any part of any improvement; providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste, and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
“Servicing” means the furnishing of electric current, or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; or water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.
6.3.b
Packet Pg. 338
CITY OF DIAMOND BAR PAGE 11
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Incidental expenses include all of the following: (a) The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment; (b) the costs of printing, advertising, and the giving of published, posted, and mailed notices; (c) compensation payable to the County for collection of assessments; (d) compensation of any engineer or attorney employed to render services in proceedings pursuant to this part; (e) any other expenses incidental to the construction, installation, or maintenance and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds or notes pursuant to Streets & Highways Code Section 22662.5; and (g) costs associated with any elections held for the approval of a new or increased assessment (Streets & Highways Code §22526).
Modifications to the District structure could include, but are not limited to, substantial changes or expansion of the Improvements provided, substantial changes in the service provided, modifications or restructuring of the District including annexation or detachment of specific parcels, revisions in the method of apportionment, or proposed new or increased assessments.
The assessment proceeds will be exclusively used for Improvements within the District plus incidental expenses.
6.3.b
Packet Pg. 339
CITY OF DIAMOND BAR PAGE 12
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Fiscal Year 2022-22 Estimate of Cost and Budget
Budget for Fiscal Year 2022-23
The 1972 Act provides that the total costs for providing the maintenance and servicing of the District Improvements and facilities can be recovered in the assessment spread including incidental expenses. The latter can include engineering fees, legal fees, printing, mailing, postage, publishing and all other costs identified with the District proceedings.
An estimate of District costs for fiscal year 2022-23 for the maintenance and servicing of the Improvements is provided below.
Table 1: FY 2022-23 Estimate of Costs
Expenditure Item Amount
Salaries & Benefits $ 27,765
Operating Expenses
Advertising 6,000
Utilities 90,400
Maintenance of Grounds/Buildings 18,000
Professional Services 6,000
Contract Services
Landscape Maintenance 59,100
Tree Maintenance 20,500
Weed/Pest Abatement 58,000
Estimated Expenditures $ 285,765
Contingencies/Reserves 6.54% 18,692
Total Budget $ 304,457
Revenue Item Amount
Direct Benefit Assessments $ 293,471
Carryover from Prior Year $0
General Fund Contribution 3.84% 10,986
Estimated Revenues 1 $ 304,457
LANDSCAPING ASSESSMENT DISTRICT NO. 41-2021
1. The Act requires that proceeds from the assessments must be deposited into a special fund that has been set up for the revenues and expenditures of the District.
Moreover, funds raised by the assessment shall be used only for the purposes stated within this Report. Any balance remaining at the end of the Fiscal Year, June 30, must be carried over to the next Fiscal Year. The District may also establish a reserve fund for contingencies and special projects as well as a capital improvement fund for accumulating funds for larger capital improvement projects or capital renovation needs. Any remaining balance would either be placed in the reserve fund or would be used to reduce future years' assessments.
6.3.b
Packet Pg. 340
CITY OF DIAMOND BAR PAGE 13
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Table 2 below shows how the assessment rates are determined including the estimated number of single-family equivalents (“SFE”) and how the costs of improvements are allocated to parcels as defined later in this Report.
Table 2: Assessment Rate Determination
Single-Family Equivalents Parcels SFE factor SFEs
Single Family Parcels 410 100% 410.00
Condominium Parcels 144 92% 132.48
Total 554 542.48
Budget Allocation to Parcels
Total Amount Assessed $ 293,471
Total SFEs 542.48
Assessment per SFE 2 $ 540.98
Single-Family Assessment $ 540.98
Condominium Assessment $ 497.71
2. The rate shown here is for a single-family home or its equivalent. For the definition of the term SFE and rates for other types of property, see the section titled, “Method of Assessment Apportionment” and the sections following it in this report.
6.3.b
Packet Pg. 341
CITY OF DIAMOND BAR PAGE 14
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Method of Assessment Apportionment
Method of Apportionment
This section of the Engineer's Report explains the benefits to be derived from the Improvements and the methodology used to apportion the total assessment to properties within the District.
The District consists of certain assessor parcels within the boundaries as defined by the Assessment Diagram referenced in this report and the parcels identified by the Assessor Parcel Numbers listed with the levy roll. The parcel list includes all privately and publicly owned parcels as shown. The method used for apportioning the Assessment is based upon the relative special benefits to be derived by the properties in the District over and above general benefits conferred on real property or to the public at large. The Assessment is apportioned to lots and parcels in proportion to the relative special benefit from the Improvements. The apportionment of special benefit is a two-step process: the first step is to identify the types of special benefit arising from the Improvements and the second step is to allocate the Assessments to property based on the estimated relative special benefit for each type of property.
Discussion of Benefit
In summary, the Assessments can only be levied based on the special benefit to property.
This benefit is received by property over and above any general benefits. With reference to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act of 1972 states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or 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." Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed that assessments must be based on the special benefit to property and that the value of the special benefits must exceed the cost of the assessment:
"No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel."
6.3.b
Packet Pg. 342
CITY OF DIAMOND BAR PAGE 15
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
The following benefit categories summarize the types of special benefit to residential, commercial, industrial and other lots and parcels resulting from the Improvements to be provided with the assessment proceeds. These types of special benefit are summarized as follows:
A. Proximity to Improved Landscaped Areas and Other Public Improvements within the District.
B. Improved Views within the District.
C. Extension of a property’s outdoor areas and green spaces for properties within close proximity to the Improvements.
D. Safety and Security within the District
E. Creation of individual lots for residential and commercial use that, in absence of the Assessments, would not have been created.
In this case, the recent SVTA v. SCCOSA decision provides enhanced clarity to the definitions of special benefits to properties from similar improvements in three distinct areas:
♦ Proximity ♦ Expanded or Improved ♦ Access Views
The SVTA v. SCCOSA decision also clarifies that a special benefit is a service or improvement that provides a direct advantage to a parcel and that indirect or derivative advantages resulting from the overall public benefits from a service or improvement are general benefits. The SVTA v. SCCOSA decision also provides specific guidance that park improvements are a direct advantage and special benefit to property that is proximate to a park that is improved by an assessment:
The characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g. proximity to a park) or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement (e.g. general enhancement of the district’s property values).
Proximity, improved access and views, in addition to the other special benefits listed herein further strengthen the basis of these assessments.
6.3.b
Packet Pg. 343
CITY OF DIAMOND BAR PAGE 16
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Moreover, the Dahms decision further clarified that certain services and improvements funded by assessments, that are over and above what otherwise would be provided and that other property in general and the public do not share or receive are 100% special benefit. The assessment-funded services upheld by Dahms included streetscape maintenance and security services.
Special Benefit
SCI assessment engineers have identified the following special benefits:
Proximity and Access to Improved Landscaped Areas within the District Only the specific properties within close proximity to the Improvements are included in the District. The District has been narrowly drawn to include the properties that receive special benefits from the Improvements. Therefore, property in the District enjoys unique and valuable proximity and access to the Improvements that the public at large and property outside the District do not share.
In absence of the Assessments, the Improvements would not be provided, and the public improvements funded in the District would be degraded due to insufficient funding for maintenance, upkeep and repair. Therefore, the Assessments provide Improvements that are over and above what otherwise would be provided. Improvements that are over and above what otherwise would be provided do not by themselves translate into special benefits but when combined with the unique proximity and access enjoyed by parcels in the District, they provide a direct advantage and special benefit to property in the District.
Improved Views within the Assessment District
The City, by maintaining permanent public improvements funded by the Assessments in the District, provides improved views to properties in the District. The properties in the District enjoy close and unique proximity, access and views of the specific Improvements funded in the District; therefore, the improved and protected views provided by the Assessments are another direct and tangible advantage that is uniquely conferred upon property in the District.
6.3.b
Packet Pg. 344
CITY OF DIAMOND BAR PAGE 17
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Extension of a Property’s Outdoor Areas and Green Spaces for Properties within Close Proximity to the Improvements
In large part because it is cost prohibitive to provide large open land areas on property in the District, the residential, commercial and other benefiting properties in the District do not have large outdoor areas and green spaces. The Improvements within the District provide additional outdoor areas that serve as an effective extension of the land area for proximate properties because the Improvements are uniquely proximate and accessible to property in close proximity to the Improvements. The Improvements, therefore, provide an important, valuable and desirable extension of usable land area for the direct advantage and special benefit of properties in the District because such properties have uniquely good and close proximity to the Improvements.
Safety and Security within the Assessment District
The City, through proper installation, maintenance and servicing of public and private improvements funded by the Assessments in the District, provides increased security and safety by preventing crime and suppressing fire. For parks and recreation Improvements, proper lighting and well-kept landscapes help to deter crime and vandalism. Other landscaped area activities such as slope maintenance and brush clearing provide critical fire suppression.
Creation of Individual Lots for Residential Use that, in Absence of the Assessments, Would Not Have Been Created
In the District, the original owner/developer(s) of the property within the District agreed unanimously to the Assessments. The Assessments provide the necessary funding for improvements that were required as a condition of development and subdivision approval. Therefore, such Assessments allowed the original property to be subdivided and for development of the parcels to occur. As parcels were sold, new owners were informed of the Assessments through the title reports, and in some cases, through Department of Real Estate “White Paper” reports that the parcels were subject to assessment. Purchase of property was also an “agreement” to pay the Assessment.
Therefore, in absence of the Assessments, the lots within most of the District would not have been created. These parcels, and the improvements that were constructed on the parcels, receive direct advantage and special benefit from the Assessments.
6.3.b
Packet Pg. 345
CITY OF DIAMOND BAR PAGE 18
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Summary of Relative Weight of Benefit Factors
A solid argument could be made that the Creation of Individual Lots benefit comprises 100% of the benefit because the Improvements were incorporated into the original planning and design of the subdivision, and thus were deemed to be necessary and required for the development of the lot. Without those Improvements and associated benefit, the lots would not have been created in the first place. Nevertheless, four other definitive benefits accruing to the parcels within the District are identified, and an allowance should be made within the overall relative importance of benefits. The relative benefit level of the five identified benefits used in this Report is shown below.
Benefit Category
Proximity & Access 10%
Views 10%
Outdoor Area Extension 10%
Safety & Security 10%
Creation of Lots 60%
TOTAL Benefit 100%
Relative Weight
General Versus Special Benefit
Article XIIIC of the California Constitution requires any local agency proposing to increase or impose a benefit assessment to “separate the general benefits from the special benefits conferred on a parcel.” The rationale for separating special and general benefits is to ensure that property owners subject to the benefit assessment are not paying for general benefits. An assessment can fund special benefits but cannot fund general benefits. Accordingly, a separate estimate of the special and general benefit is given in this section.
In other words:
Total
Benefit = General Benefit + Special
Benefit
6.3.b
Packet Pg. 346
CITY OF DIAMOND BAR PAGE 19
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
There is no widely-accepted or statutory formula for general benefit. General benefits are benefits from improvements or services that are not special in nature, are not “particular and distinct” and are not “over and above” benefits received by other properties. SVTA vs. SCCOSA provides some clarification by indicating that general benefits provide “an indirect, derivative advantage” and are not necessarily proximate to the improvements.
In this Report, the general benefit is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment.
The starting point for evaluating general and special benefits is the current, baseline level of service. The Assessment will fund Improvements “over and above” this general, baseline level and the general benefits estimated in this section are over and above the baseline.
A formula to estimate the general benefit is listed below:
General
Benefit =
Benefit to Real
Property Outside
the Assessment
District
+
Benefit to Real
Property Inside the
Assessment District
that is Indirect and
Derivative
+
Benefit to
the Public
at Large
Special benefit, on the other hand, is defined in the state constitution as “a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large.” The SVTA v. SCCOSA decision indicates that a special benefit is conferred to a property if it “receives a direct advantage from the improvement (e.g., proximity to a park).” In these Assessments, as noted, properties in the District have close and unique proximity, views and access to the Improvements and uniquely improved desirability from the Improvements and other properties and the public at large do not receive significant benefits because they do not have proximity, access or views of the Improvements. Therefore, the overwhelming proportion of the benefits conferred to property is special and is only minimally received by property outside the Districts or the public at large.
6.3.b
Packet Pg. 347
CITY OF DIAMOND BAR PAGE 20
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Benefit Finding
Quantification of General Benefit
In this section, the general benefit from landscaping and other types of Improvements is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment.
Benefit to Property Outside the Assessment Districts
Properties within the District receive almost all of the special benefits from the Improvements because properties in the District enjoy unique close proximity and access to the Improvements that is not enjoyed by other properties or the public at large.
However, certain properties within the proximity/access radius of the Improvements, but outside of the boundaries of the District, may receive some benefit from the Improvements. Since this benefit is conferred to properties outside the District boundaries, it contributes to the overall general benefit calculation and will not be funded by the Assessments. The general benefit to property outside of the District is calculated with the parcel and data analysis performed by SCI Consulting Group.
Since certain properties outside the District enjoy close proximity and access to the Improvements cannot be assessed by the District, this is a form of general benefit to other property. There are 23 parcels outside the District that are directly adjacent to areas where slopes are maintained by the District. The benefits conferred to these properties do not include the Lot Creation benefit factor, therefore the benefit is reduced by 60%.
The general benefit to property outside of the District is calculated as follows. 23 Parcels Outside District
554 Parcels In the District
40% Benefit Factor
23 23 + 554
Assumptions:
Calculation:
General Benefit to Property Ouside the District
x 40% = 1.59%
6.3.b
Packet Pg. 348
CITY OF DIAMOND BAR PAGE 21
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Benefit to Property Inside the Assessment Districts that is Indirect and Derivative
The “indirect and derivative” benefit to property within the District is particularly difficult to calculate. A solid argument can be presented that all benefit within the District is special, because the other Improvements are clearly “over and above” and “particular and distinct” when compared with the baseline level of service and the unique proximity, access and views of the other Improvements enjoyed by benefiting properties in the District.
Nevertheless, the SVTA vs. SCCOSA decision indicates there may be general benefit “conferred on real property located in the district” A measure of the general benefits to property within the Assessment area is the percentage of land area within or directly abutting the District that is publicly owned and used for regional purposes such as regional parks, major roads, rail lines and other regional facilities because such properties used for regional purposes could provide indirect benefits to the public at large. The District boundaries are narrowly drawn to include only the residential areas within the neighborhood, and there are no regional facilities within the District. Therefore, the indirect and derivative general benefits to property within the District are zero.
Benefit To The Public At Large
The general benefit to the public at large can be estimated by the proportionate amount of time that the District’s Improvements are used and enjoyed by individuals who are not residents, employees, customers or property owners in the District. It should be noted that these Improvements do not attract the public at large in the same was as park improvements, and they confer far less benefit to the public at large than do similar park improvements. In essence, the public does not visit an area to enjoy slope improvements in the same way as they may visit a park.
However, certain slopes maintained by the District may provide some enhancement to views enjoyed by the public as they drive past. Approximately 25% of the slopes and linear green areas maintained by the District lie along arterial roadways that carry a high percentage of traffic not associated with people who are not residents or property owners within the District. While there are not statistics available as to what percentage of passby vehicle trips are by non-residents or non-property owners, a liberal factor of 90% is assumed. Finally, of all the types of benefits conferred by the Improvements, passersby only benefit from views, which are estimated at 10% of the total benefits. Therefore, we find that ((90% of 25%) x 10% =) 2.25% of the benefits from the Improvements are general benefits to the public at large.
6.3.b
Packet Pg. 349
CITY OF DIAMOND BAR PAGE 22
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Total General Benefits
Using a sum of these three measures of general benefit, we find that approximately 3.84% of the benefits conferred by the Improvements may be general in nature and should be funded by sources other than the assessment.
Outside the District
Inside the District
Public At Large
Total General Benefit
Landscaping General Benefit Calculation
1.59%
0.00%
2.25%
3.84%
Method of Apportionment
As previously discussed, the proposed Assessments will provide comprehensive Improvements that will clearly confer special benefits to properties in the proposed District. The allocation of special benefits to property is partially based on the type of property and the size of property. These benefits can also partially be measured by the occupants on property in the District because such parcel population density is a measure of the relative benefit a parcel receives from the Improvements. It should be noted that many other types of “traditional” assessments also use parcel population densities to apportion the Assessments. For example, the assessments for sewer systems, roads and water systems are typically allocated based on the population density of the parcels assessed. Therefore, the apportionment of benefit is reasonably based on the type of parcel, the size of parcels and the population density of parcels.
The next step in apportioning Assessments is to determine the relative special benefit for each property. This process involves determining the relative benefit received by each property in relation to a single-family home, or, in other words, on the basis of SingleFamily Equivalents (“SFE”). This SFE methodology is commonly used to distribute Assessments in proportion to estimated special benefit and is generally recognized as providing the basis for a fair and appropriate distribution of Assessments. For the purposes of this Engineer’s Report, all properties are designated a SFE value, which is each property’s relative benefit in relation to a single-family home on one parcel. In this case, the "benchmark" property is the single-family detached dwelling which is one Single Family Equivalent or one SFE.
6.3.b
Packet Pg. 350
CITY OF DIAMOND BAR PAGE 23
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Residential Properties
Certain residential properties in the District that contain a single residential dwelling unit are assigned one Single Family Equivalent or 1.0 SFE. Detached or attached houses and zero-lot line houses are included in this category of single-family residential property. If there is more than one single family detached dwelling on a parcel, it will be charged one SFE per single family detached dwelling.
Another residential property type in the District is the condominium. These properties benefit from the Improvements in proportion to the average number of people who reside in multi-family residential units versus the average number of people who reside in a single-family home (Population Density Factor, or PDF). Using the total population of each property type in the City from recent Census data and dividing it by the total number of such households reveals that approximately 3.42 persons occupy each single-family residence, whereas an average of 2.48 persons occupy each condominium. The ratio of
2.48 people (condominium) to 3.42 people (single-family) results in a PDF of 0.73 for condominiums.
The PDF of 0.73 for condominiums is applied to certain benefit categories, whereas other benefit categories are applicable to condominiums in full measure. The calculation of the overall SFE factors are summarized below.
Benefit Category
PDF SFE Factor PDF SFE Factor
Proximity & Access 10% 100% 10.0% 73% 7.3%
Views 10% 100% 10.0% 73% 7.3%
Outdoor Area Extension 10% 100% 10.0% 73% 7.3%
Safety & Security 10% 100% 10.0% 100% 10.0%
Creation of Lots 60% 100% 60.0% 100% 60.0%
TOTAL Benefit 100% 100% 92%
Weight SFR Condo
There are no other multi-family property types (e.g., duplex, triples, fourplex, apartments) in the District, and none are foreseen in the near future. Therefore, no SFR-based assessment rate is calculated.
Vacant/Undeveloped Properties
While there are currently no vacant or undeveloped properties in the District, the following discussion is included in the event that properties become vacant in the future.
6.3.b
Packet Pg. 351
CITY OF DIAMOND BAR PAGE 24
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
The benefit to undeveloped properties is determined to be proportional to the corresponding benefits for similar type developed properties, but at a lower rate due to the lack of improvements on the property. A measure of the benefits accruing to the underlying land is the average value of land in relation to Improvements for developed property. An analysis of the assessed valuation data from the City of Diamond Bar found that approximately 45% of the assessed value of improved properties is classified as the land value. It is reasonable to assume, therefore, that approximately 45% of the benefits are related to the underlying land and 55% are related to the improvements and the dayto-day use of the property. Using this ratio, the SFE factor for vacant/undeveloped parcels is 0.45 per parcel.
Other Property Types
Notwithstanding the foregoing discussion, there are two other types of property uses to be considered: Water utility and open space. These are discussed below.
Water Utility: The Walnut Valley Water District owns a parcel with two water tanks used to supply water for domestic use and fire protection. This property has no people stationed on-site and derives no benefit in any category. Therefore, it is not assessed a fee.
Open Space: The open space parcels that lie within the District are part of the improvements (views, safety & security, etc.) Therefore, these parcels are not assessed a fee.
The property in the District is fully developed, has been stable since its original development in the late 1980s, and is zoned such that a change in the predominately residential land use is not expected in the future. As a result, there is no analysis of type, size and population densities for other uses such as commercial, industrial and institutional properties.
Annual Assessment Calculation
The assessment shall be subject to an adjustment up to a cap of 3% annually, which adjustment shall be based upon actual costs, including any reasonable reserves, supported by an Engineer’s Report prepared in accordance with Article XIIID of the California Constitution. If the Engineer’s Report does not support an increase or supports a reduction in the assessment, then the assessment shall not be increased or shall be lowered as applicable.
6.3.b
Packet Pg. 352
CITY OF DIAMOND BAR PAGE 25
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Duration of Assessment
The District was formed or annexed in previous years. It is proposed that the Assessments be continued every year after their formation or annexation, so long as the public Improvements need to be maintained and improved, and the City requires funding from the Assessments for these Improvements in the District. As noted previously, the Assessment can continue to be levied annually after the City Council approves an annually updated Engineer’s Report, budget for the Assessment, Improvements to be provided, and other specifics of the Assessment. In addition, the City Council must hold an annual public hearing to continue the Assessment.
Appeals of Assessments Levied to Property
Any property owner who feels the Assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment may file a written appeal with the City of Diamond Bar City Manager or his or her designee. Any such appeal is limited to correction of an Assessment during the thencurrent Fiscal Year and applicable law. Upon the filing of any such appeal, the City Manager or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Manager or his or her designee finds the Assessment should be modified, the appropriate changes shall be made to the Assessment Roll. If any such changes are approved after the Assessment Roll has been filed with the County for collection, the City Manager or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the decision of the City Manager or his or her designee shall be referred to the Diamond Bar City Council, and the decision of the City Council shall be final.
Assessment Funds Must Be Expended Within the District Area The net available Assessment funds, after incidental, administrative, financing and other costs shall be expended exclusively for Improvements within the boundaries of the District or as described herein, and appropriate incidental and administrative costs as defined in the Plans and Specifications section.
6.3.b
Packet Pg. 353
CITY OF DIAMOND BAR PAGE 26
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Assessment
WHEREAS, the City of Diamond Bar directed the undersigned engineer of Work to prepare and file a report presenting an estimate of costs, a Diagram for the District and an assessment of the estimated costs of the Improvements upon all assessable parcels within the District;
NOW, THEREFORE, the undersigned, by virtue of the power vested in me under the Act, Article XIIID of the California Constitution, and the order of the City of Diamond Bar City Council, hereby makes the following Assessment to cover the portion of the estimated cost of the Improvements, and the costs and expenses incidental thereto to be paid by the District.
The amount to be paid for said Improvements and the expense incidental thereto, to be paid by the District for the Fiscal Year 2022-23 is generally as follows:
Table 3: FY 2022-23 Summary Cost Estimate
Salaries & Benefits $ 27,765
Operating Expenses & Services 258,000
Capital Expenses/Reserves 18,692
Total for Services $ 304,457
Less General Fund Contribution (10,986)
Net Amount to Assessments $ 293,471
Fund and Budget Summary Fiscal Year 2022-23
LANDSCAPING ASSESSMENT DISTRICT NO. 41
As required by the Act, an Assessment Diagram of the District is hereto attached and incorporated herein by reference. The distinctive number of each parcel or lot of land in the District is its Assessor Parcel Number appearing on the Assessment Roll.
I do hereby assess and apportion the net amount of the cost and expenses of the Improvements, including the costs and expenses incident thereto, upon the parcels and lots of land within the District, in accordance with the special benefits to be received by each parcel or lot, from the Improvements, and more particularly set forth in the Estimate of Cost and Method of Assessment in the Report.
6.3.b
Packet Pg. 354
CITY OF DIAMOND BAR PAGE 27
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
The Assessment is made upon the parcels or lots of land within the District in proportion to the special benefits to be received by the parcels or lots of land, from the Improvements.
Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Los Angeles for the Fiscal Year 2022-23. For a more particular description of the property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of the County.
I hereby will place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Roll, the amount of the assessment for the Fiscal Year 2022-23 for each parcel or lot of land within the District.
Dated: April 26, 2022
Engineer of Work
By
Jerry Bradshaw, License No. C48845
6.3.b
Packet Pg. 355
CITY OF DIAMOND BAR PAGE 28
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
6.3.b
Packet Pg. 356
CITY OF DIAMOND BAR PAGE 29
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Assessment Diagram
The District boundary and the parcels to be assessed in Landscaping Assessment District No. 41-2021 are shown on the Assessment Diagram, which is on file with the City Clerk of the City of Diamond Bar and includes all those properties included in the original formation of the District and subsequent annexations. The following Assessment Diagram is for general location only and is not to be considered the official boundary map. The lines and dimensions of each lot or parcel within the District are those lines and dimensions as shown on the maps of the Assessor of the County of Los Angeles, for Fiscal Year 2022-23, and are incorporated herein by reference, and made a part of this Diagram and this Report.
6.3.b
Packet Pg. 357
CITY OF DIAMOND BAR PAGE 30
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2022-23
BY SCICONSULTINGGROUP
Assessment Roll
An Assessment Roll (a listing of all parcels assessed within the District and the amount of the Assessment) will be filed with the City Clerk and is, by reference, made part of this Report and is available for public inspection during normal office hours at the City Hall at 21810 Copley Drive, 2nd floor, Diamond Bar, California 91765.
Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by reference, made part of this Report.
These records shall govern for all details concerning the description of the lots or parcels.
6.3.b
Packet Pg. 358
Agenda #: 7.1
Meeting Date: May 17, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: ORDINANCE NO. 02 (2022) REGARDING ELECTRONIC FILING OF
CAMPAIGN DISCLOSURE STATEMENTS AND STATEMENTS OF
ECONOMIC INTEREST.
STRATEGIC
GOAL: Open, Engaged & Responsive Government
RECOMMENDATION:
Introduce first reading by title only, waive full reading of Ordinance No. 02 (2022) entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADDING CHAPTER 2.06 TO TITLE 2 OF THE DIAMOND BAR
MUNICIPAL CODE REGARDING ELECTRONIC FILING OF CAMPAIGN
DISCLOSURE STATEMENTS AND STATEMENTS OF ECONOMIC INTEREST”, and, schedule the second reading and adoption at the next regularly scheduled City Council meeting.
FINANCIAL IMPACT:
The annual fee for the web-based, vendor hosted application system will be $4,300 and it is budgeted in the City Clerk’s Office.
BACKGROUND:
In 2020, the State Legislature adopted Assembly Bill (AB) 2151, which added Government Code 84616 expanding on electronic filing and disclosure requirements effective January 1, 2021. AB 2151 requires campaign disclosure statements to be uploaded to an agency’s website within 72 hours of the applicable filing deadline with specific information from each filing redacted for privacy. The documents are to be made available online for four years from the date of the election associated with the filing and retained for a total of 10 years for non-incumbents or permanently for elected officials. City Clerk staff has met this mandate thus far by scanning, redacting and uploading files to the City’s Online Records Library.
7.1 Packet Pg. 359
ANALYSIS:
Government Code 84615 provides for local government agencies to allow an elected and appointed official, candidate, or committee to file campaign statements, reports, or other documents required by Fair Political Practices Committee (FPPC) regulations electronically with a local filing officer through the adoption of an ordinance. This section also stipulates that any system used to manage electronic filings must operate securely and effectively, be at no cost to filers, be available to the public to view filings and include procedures for filers to comply with the requirement that they sign statements and reports under penalty of perjury.
An online or electronic filing system shall only accept a filing in the standardized record format that is developed pursuant to GC 84602(2)(a) and compatible with the Secretary of State’s system for receiving an online or electronic filing. There are many advantages to allowing electronic filing disclosure documents. For example, shifting to an electronic system would allow the public direct online access to campaign documents and Statements of Economic Interests. The system also provides the filer multiple prompts to ensure timely filing, stores previous statements for user ease when completing subsequent filings, and permits a single filing for multiple offices.
The City will be entering into a service agreement with NetFile, a vendor approved by the California Secretary of State, to provide an online electronic filing system for campaign disclosure statements and statements of economic interest forms. Netfile works with more than 170 local governments in California and is highly recommended by its clients. The Netfile system was created specifically for cities and counties responsible for administering campaign finance filings and Statement of Economic Interest filings. The software includes several public viewing portal features not available from other software providers. Netfile is able to receive uploaded data from certain types of third-party applications for electronic filing purposes. Training is provided at no additional charge to the agency and filers.
In terms of security, the Netfile system uses industry best practices for securing data, using the same data encryption for online filings that is used by banks for online banking. Netfile stores and backs up data at three separate locations, creating the essential safety measures and redundancy that will allow for recovery of information in the event of an emergency or disaster. The City’s data would be retained for the required minimum 10-year period.
The proposed ordinance would comply with AB 2151 and add Chapter 2.06 to the Diamond Bar Municipal Code regarding electronic filing of Campaign Disclosure Statements and Statements of Economic Interest.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Ordinance as to form.
PREPARED BY:
7.1 Packet Pg. 360
REVIEWED BY:
Attachments:
1. 7.1.a Ordinance No. 02 (2022)
7.1 Packet Pg. 361
ORDINANCE NO. 02 (2022)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADDING CHAPTER 2.06 TO TITLE 2 OF THE
DIAMOND BAR MUNICIPAL CODE REGARDING ELECTRONIC FILING
OF CAMPAIGN DISCLOSURE STATEMENTS AND STATEMENTS OF
ECONOMIC INTEREST.
WHEREAS, California Government Code Section 84615 provides that a legislative body of a local government agency may adopt an ordinance that requires an elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act (commencing with Section 84100 of the Government Code), except an elected officer, candidate, committee, or other person whose contributions and expenditures each total less than two thousand dollars ($2,000) in a calendar year, to file such statements, reports, or other documents online or electronically with the City Clerk.
WHEREAS, California Government Code Section 84616 provides that within seventy-two (72) hours of each applicable filing deadline, a local government agency shall post on its website a copy of any statement, report, or other document required by Chapter 4 of the Political Reform Act (commencing with Government Code Section 84100) that is filed with that agency in paper format.
WHEREAS, The City intends to enter into an agreement with a vendor certified by the California Secretary of State and meeting the requirements of Government Code Section 84615, to provide an online electronic filing system (“System”) for campaign disclosure statements and statements of economic interest forms.
WHEREAS, The System shall operate securely and effectively and will not unduly burden filers, and more specifically: the System contains multiple safeguards to protect the integrity of the data and includes safeguards against efforts to tamper with, manipulate, alter or subvert the data; the System shall only accept filing in the standardized record format developed by the Secretary of State and compatible with the Secretary of State’s system for receiving an online or electronic filing; and the System shall be available free of charge to filers and to the public for viewing filings.
WHEREAS, The City Clerk’s Office will operate the electronic filing system in compliance with the requirements of California Government Code Section 84615 and any other applicable laws.
WHEREAS, All legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, the City Council of the City of Diamond bar does hereby ordain as follows:
Section 1. Purpose and Authority. The purpose of this chapter is to require the electronic filing of Campaign Disclosure Statements and Statements of Economic Interest
7.1.a
Packet Pg. 362
Ordinance No. 02 (2022)
2 by elected officials, candidates, staff, committees, and other required filers. The City Council enacts this chapter in accordance with the authority granted to cities by California Government Code Section 84615.
Section 2. A new Chapter 2.06 entitled “Electronic Filing of Campaign Disclosure Statements and Statements of Economic Interest,” is hereby added to Title 2 of the Diamond Bar Municipal Code to read as follows:
“Chapter 2.06
ELECTRONIC FILING OF CAMPAIGN DISCLOSURE STATEMENTS AND
STATEMENTS OF ECONOMIC INTEREST
Sections:
2.06.010 General.
2.06.020 Procedures for utilizing online filing.
2.06.030 Availability of Statements for public review; Records retention.
2.06.010 General.
A. Any elected officer, candidate, committee, or other person required to file statements, reports, or other documents (Statements) as required by Chapter 4 of the Political Reform Act commencing with Government Code Section 84100, must file such Statements using the City’s online system according to procedures established by the City Clerk, except as otherwise provided in this Chapter. These procedures shall ensure that the online system complies with the requirements set forth in Section 84615 of the Government Code. Elected officers, candidates, or committees required to file Statements must file such Statements using the City’s online system, unless exempt from the requirement to file online pursuant to Government Code Section 84615 (a) because the officer, candidate, or committee receives less than $2,000 in contributions and makes less than $2,000 in expenditures in a calendar year. All other individuals required to file Statement of Economic Interest according to the City’s adopted Conflict of Interest Code must file electronically using the City’s online system.
B. The online filing system shall ensure the integrity of the data transmitted and shall include safeguards against efforts to tamper with, manipulate, alter, or subvert the data.
C. The online filing system shall include a procedure for filers to comply with the requirement that they sign statements and reports under penalty of perjury pursuant to Section 81004 of the Government Code.
2.06.020 Procedures for utilizing online filing.
7.1.a
Packet Pg. 363
Ordinance No. 02 (2022)
3 A. Electronic filing is mandatory unless the officer, candidate, or committee is exempt as provided in Section 2.06.010 A, or California Government Code 84615(a), or the provisions of Section 2.06.020 D of this section apply.
B. Any elected officer, candidate, or committee who has electronically filed a statement using the City’s online system is not required to file a copy of the document in paper format with the City Clerk.
C. The City Clerk shall issue an electronic confirmation that notifies the filer that the Statement was received, the notification shall include the date and the time that Statement was received and the method by which the filer may view and print the data received by the City Clerk. The date of filing for a Statement filed online shall be the day that it is received by the City Clerk.
D. If the City’s system is not capable of accepting a Statement due to technical difficulties, or the City does not have available a certified online filing system, an elected officer, candidate, or committee shall file that Statement in paper format or an alternative format with the City Clerk. Nothing in this section shall affect the deadline date for any required filing.
E. The online filing system shall enable electronic filers to complete and submit filings free of charge.
F. The City Clerk is authorized to adopt such additional administrative policies and procedures as deemed necessary to implement, and not otherwise in conflict with, this Chapter.
2.06.030 Availability of Statements for public review; Records retention.
A. The City’s system shall make all the data filed available on the City’s website in an easily understood format that provides the public access. The data shall be made available free of charge. The data made available on the City’s website shall not contain information exempt from disclosure under the Public Records Act (commencing with Government Code 6250), including the street name and building number of the persons or entity representatives listed on the electronically filed forms, or any bank account number required to be disclosed by the filer.
B. The City Clerk’s office shall maintain, for the period specified in the City’s records retention schedule, but not less than ten (10) years from the date of filing, a secured, official version of each online or electronic statement which shall serve as the official version of that record for purpose of audits and any other legal purpose.”
Section 3. Internal Consistency. To the extent any provision of the Municipal Code, or any resolution or other ordinance of the City, is inconsistent with this Ordinance, all such conflicting provisions are hereby repealed.
7.1.a
Packet Pg. 364
Ordinance No. 02 (2022)
4 Section 4. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
Section 5. Effective Date. This Ordinance shall take affect 30 days after its adoption. The City Clerk is directed to certify to the enactment of this Ordinance and to cause this ordinance to be published and/or posted as required by law.
APPROVED AND ADOPTED this ___ day of ____, 2021.
CITY OF DIAMOND BAR:
__________________________
Ruth M. Low, Mayor
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 17th day of May, 2021, and was duly adopted at a regular meeting of the City Council of the City of Diamond Bar held on the __ day of ____, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
__________________________
Kristina Santana, City Clerk
7.1.a
Packet Pg. 365