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2019-15 RESOLUTION NO. 2019-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ANNUAL ASSESSMENTS FOR THE CITY OF GRAND TERRACE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1 FOR FISCAL YEAR 2019-2020, AND SETTING AND PROVIDING NOTICE OF A PUBLIC HEARING CONCERNING SUCH ANNUAL ASSESSMENT ON TUESDAY, JULY 9, 2019, AT 6:00 P.M., IN THE CITY COUNCIL CHAMBERS LOCATED AT 22795 BARTON ROAD, GRAND TERRACE, CALIFORNIA WHEREAS, the City Council of the City of Grand Terrace, California, (hereafter referred to as the "City Council") desires to levy assessments within LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1 (hereafter referred to as the "District") pursuant to the terms and provisions of the "Landscaping and Street Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (hereafter referred to as the "Act"); and, WHEREAS, at this time, City Council desires to levy the annual assessments for the territory within the District for the next ensuing fiscal year, to provide for the costs and expenses necessary for continual maintenance of improvements within said District; and, WHEREAS, the City Council has, by Resolution, initiated proceedings for the collection of the annual levy within the District in Fiscal Year 2019-2020; and, WHEREAS, at this time there has been presented and preliminarily approved by this City Council, the Engineer's Report (hereafter referred to as the "Engineer's Report") as required by law, and this City Council is desirous of proceeding with the proceedings for said annual levy; and, WHEREAS, the City Council has, by Resolution, preliminarily approved the Engineer's Report as fled or amended. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grand Terrace does hereby resolve, determine and order as follows: SECTION 1. That the above recitals are all true and correct, and incorporated herein by this reference. 2019-15 CC Reso Page 1 of 5 June 14, 2019 PUBLIC INTEREST SECTION 2. Pursuant to the Act (specifically, Streets and Highways Code Section 22624), the City Council hereby finds and declares that the public interest and necessity require the maintenance and servicing of landscaping and public lighting facilities in the District, and contingent upon compliance with, as applicable, the requirements of the Act, Article MID of the California Constitution (commonly known as "Proposition 218") and the Proposition 218 Omnibus Implementation Act (set forth at Government Code Sections 53750-53758), the City Council hereby declares its intention to levy and collect proposed assessments within the District for the continual maintenance of certain improvements, all to serve and benefit said District that is comprised of zones located throughout the City of Grand Terrace and said area is shown and delineated on a map as previously approved by this City Council and on file in the Office of the City Clerk, open to public inspection, and herein so referenced and made a part hereof, and proposed changes thereto are set forth in the Report of the Engineer, incorporated herein as a part hereof. REPORT SECTION 3. The City Council hereby refers to the Engineer's Report, on file with the City Clerk, for a full and detailed description of the District, the improvements, the boundaries of the District and any zones therein, and the proposed assessment upon assessable lots and parcels of land within the District, to pay the costs and expenses associated with the maintenance and operation of lighting, landscaping, and appurtenant facilities and services related thereto. ASSESSMENT SECTION 4. That the public interest and convenience requires, and it is the intention of this City Council to order the annual assessment levy for the District as set forth and described in said Engineer's Report, and further it is determined to be in the best public interest and convenience to levy and collect the annual assessments to pay the costs and expense of said maintenance and improvement as estimated in said Engineer's Report. No assessment increases are proposed for the fiscal year 2019-2020 levy. SECTION 5. In accordance with Streets and Highways Code Section 22660(a), the City Council has determined that the estimated cost of certain proposed improvements, described in Section 22525, subdivisions (a) through (d), are greater than can conveniently be raised from a single assessment, and, as a result, shall be collected in installments and held in a reserve account, as noted in the Engineer's Report. 2019-15 CC Reso Page 2 of 5 June 14, 2019 DESCRIPTION OF MAINTENANCE SECTION 6. The assessments levied and collected shall be for the maintenance of certain landscaping and street lighting improvements including but not limited to: planting, shrubbery and tree maintenance, light poles, light fixtures and appurtenant facilities as required to provide lighting in public right-of-ways and easements, as set forth in the Engineer's Report, referenced and so incorporated herein. COUNTY AUDITOR SECTION 7. The County Auditor shall enter on the County Assessment Roll the amount of the assessments, and shall collect said assessments at the time and in the same manner as County taxes are collected. After collection by the County, the net amount of the assessments, after the deduction of any compensation due to the County for collection, shall be paid to the Treasurer for purposes of paying for the costs and expenses of said District. SPECIAL FUND SECTION 8. That all monies collected shall be deposited in a special fund known as "SPECIAL FUND", CITY OF GRAND TERRACE LANDSCAPING AND STREET LIGHTING DISTRICT NO. 89-1 Payment shall be made out of said fund only for the purpose provided for in this Resolution, and in order to expedite the making of this maintenance and improvement, the City Council may transfer into said funds as it may deem necessary to expedite the proceedings. Any funds shall be repaid out of the proceeds of the assessments provided for in this Resolution. BOUNDARIES OF DISTRICT SECTION 9. Said contemplated maintenance work is, in the opinion of this City Council, of direct benefit to the properties within the boundaries of the District, and this City Council makes the costs and expenses of said maintenance chargeable upon a district, which district said City Council hereby declares to be the district benefited by said improvement and maintenance, and to be further assessed to pay the costs and expenses thereof. Said District shall include each and every parcel of land within the boundaries of said District, as said District is shown on a map as approved by this City 2019-15 CC Reso Page 3 of 5 June 14, 2019 Council and on file in the Office of the City Clerk, and so designated by the name of the District. NOTICE OF PUBLIC HEARING SECTION 10. NOTICE IS HEREBY GIVEN THAT TUESDAY, JULY 9. 2019, AT 6.00 P.M., IN THE CITY COUNCIL CHAMBERS LOCATED AT 22795 BARTON ROAD, GRAND TERRACE, CALIFORNIA, IS THE TIME AND PLACE FIXED BY THIS CITY COUNCIL FOR THE HEARING OF PROTESTS OR OBJECTIONS IN REFERENCE TO THE ANNUAL LEVY OF ASSESSMENTS, TO THE EXTENT OF THE MAINTENANCE, AND ANY OTHER MATTERS CONTAINED IN THIS RESOLUTION BY THOSE PROPERTY OWNERS AFFECTED HEREBY. ANY PERSONS WHO WISH TO OBJECT TO THE PROCEEDINGS SHOULD FILE A WRITTEN PROTEST WITH THE CITY CLERK PRIOR TO THE TIME SET AND SCHEDULED FOR SAID PUBLIC HEARING. SECTION 11. The City Clerk is directed to publish this Resolution of Intention pursuant to Government Code Section 6061, said publication to be completed no later than ten (10) days prior to the date set for the Public Hearing. EFFECTIVE DATE SECTION 12. That this Resolution shall take effect immediately upon its adoption. PROCEEDINGS INQUIRIES SECTION 13. For any and all information relating to the proceedings, protest procedure, any documentation and/or information of a procedural or technical nature, your attention is directed to the below listed person at the local agency or department so designated: Alan French, P.E., Director of Public Works CITY OF GRAND TERRACE 22795 Barton Road Grand Terrace, California 92324 2019-15 CC Reso Page 4 of 5 June 14, 2019 PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 11th day of June 2019. Dar 1 cNabo Mayor ` ATTEST: 9'� '14tej lt�4� e ra L. T Tomas City Clerk APPROVED AS TO FORM: Adrian R. Guerra City Attorney 2019-15 CC Reso Page 5 of 5 June 14, 2019 STATE OF CALIFORNIA ► COUNTY OF SAN BERNARDINO ) CITY OF GRAND TERRACE ) I Debra L. Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2019-15 was duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, at the regular meeting of said City Council held on the 111h day of June 2019, and that the same was passed and adopted by the following vote: AYES: Council Members Allen, Hussey, Robles; Mayor Pro Tern Wilson NOES: None. ABSENT: Mayor McNaboe ABSTAIN: None. Executed this 121h day of June 2019, at Grand Terrace, California. Debra L.Thomas City Clerk [SEAL]