Agenda #: 6.2
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. 38 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. 2022-26 to levy and collect assessments for Landscape Assessment District No. 38 for Fiscal Year 2022/23.
FINANCIAL IMPACT:
For FY 2022/23, the assessment for Landscape Assessment District 38 will stay at its current amount of $15 per parcel. As shown in the attached Engineer's Report, $276,720 of assessment generated by this District supplemented by $157,689 of new General Fund contribution and $17,600 Fund Balance Reserves are proposed to pay for the operation and maintenance costs budgeted in Special Fund No. 238.
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. 2022-17, ordering the City Engineer to prepare and file a report related to the maintenance of public improvements in the City of Diamond Bar Landscaping Assessment District 38 (LAD 38) and any assessment thereon for Fiscal Year 2022/23.
On May 3, 2022, the City Council adopted Resolution No. 2022-20, declaring the City's intention to levy and collect assessments for Landscape Assessment District No. 38 and directing staff to advertise the Public Hearing 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 Engineer's Report for the City's LAD 38 (Attachment 2), prepared pursuant to provisions of the aforementioned law of the State of California, includes authority for the report, estimated costs of improvements, and a diagram for the District and the assessments.
The estimated number of parcels within the LAD 38 is 18,448 parcels. The amount assessed upon the lands within LAD 38 for Fiscal Year 2021/22 was $15.00 per parcel.
The amount to be assessed for Fiscal Year 2022/23 is to remain at $15.00 per parcel.
The assessments will be utilized for the general maintenance of the City's medians and parkways as identified in the corresponding Engineer's Report and Exhibit "A" of the attached Resolution (Attachment 1).
The proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in section 5 (a): Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control drainage systems or vector control.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Resolution as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 6.2.a Resolution No. 2022-26
2. 6.2.b LAD 38 FY 2022/23 Engineer's Report