2016-26 RESOLUTION NO. 2016-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE, CALIFORNIA, PURSUANT TO THE
PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF
1972,CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR
FISCAL YEAR 2016/2017 FOR THE LEVY OF PROPOSED
INCREASED ASSESSMENTS FOR SPECIFIED ZONES AND
WITHIN LANDSCAPE AND LIGHTING MAINTENANCE
DISTRICT NO. 89-1, OVERRULING ALL PROTESTS
CONCERNING THE ASSESSMENTS, AND LEVYING THE
ASSESSMENTS CONFIRMED HEREIN
WHEREAS,Resolution 2016-09 of the City Council of the City of Grand Terrace adopted on
May 10, 2016, initiated proceedings to levy proposed increased assessments for the City of Grand
Terrace Landscape and Lighting Maintenance District No. 89-1 (the "District") for Zone 1 Tract
13364—Canal, Zone 2 Tract 14264—Forrest City Phase II, and Zone 3 Tract 14471 —Oriole; and
WHEREAS,Resolution 2016-10 also adopted on May 10,2106,ordered the City Engineer to
prepare an Engineer's Report required by Streets and Highways Code Section 22622; and
WHEREAS, after fully considering the Engineer's Report, the City Council adopted
Resolution No.2016-10 on May 10,2016,and Resolution No.2016-20 on June 14,2016,approving
the Engineer's Report for the balloting of proposed increased assessments; and
WHEREAS, by Resolution No. 2016-11, the City Council declared its intention to ballot
property owners for proposed increased assessments for the District,in accordance with Proposition
218, and provide notice pursuant to applicable law of a Public Hearing of the City Council on the
matter,and set the Public Hearing for July 12,2016 at 6:00 p.m.and authorized the proceedings for a
Proposition 218 ballot; and
WHEREAS,Proposition 218 ballots and Notices were mailed to the property owners in the
District, pursuant to the applicable laws and regulations governing majority protest proceedings,
including but not limited to Article XIIID of the California Constitution and Government Code §§
53750 et seq.; and
WHEREAS,the City Clerk caused Notice of the Public Hearing to be given in the manner
provided by applicable law; and
WHEREAS, on July 12,2016,the City Council held a duly noticed Public Hearing not less
than 45 days after the mailing of the Proposition 218 ballots and notices to consider all oral
statements and all written protests, objections, and communication made or filed by any interested
person, and receipt of Proposition 218 protest ballots; and
RESOLUTION NO. 2016-26 PAGE 1 OF 4 JULY 12, 2016
WHEREAS, the City Council considered all public testimony presented at the Public -_
Hearing,received and considered all written protests and evidence presented or filed at said Hearing,
and at the conclusion of the Public Hearing the City Clerk or Designee tabulated the valid protest
ballots returned regarding the proposed increased assessments for the balloted Zones; and
WHEREAS, the returned ballots for the District were opened and tabulated and majority
protest, as outlined in Article XIIID of the California Constitution, existed as checked in the
following zones:
No Majority Protest Majority Protest
Zone (Levy at Increased (Levy at Current
Assessment) Approved Assessment)
Zone 1 Tract 13364 - Canal ❑ X
Zone 2 Tract 14264—Forrest City Phase II X ❑
Zone 3 Tract 14471 - Oriole ❑ X
and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace as
follows:
SECTION 1. The foregoing recitals are incorporated herein by this reference.
SECTION 2. Proposition 218 ballots for the District were tabulated and a Majority Protest
existed as checked above.
SECTION 3. Proposition 218 ballots for the District were tabulated and a No Majority
Protest existed as checked above. The City Council hereby overrules all protests presented
concerning the annual assessments for the District for Fiscal Year 2016/2017.
SECTION 4. Pursuant to Streets and Highways Code Section 22631, the City Council
hereby confirms the diagram and assessments for the District as checked above that are within the
Grand Terrace Landscape and Lighting Maintenance District No. 89-1 for Fiscal Year 2016/2017 as
outlined in the Engineer's Report previously approved by Council.
SECTION 5. Passage of this Resolution shall constitute the establishment of the current or
increased assessments for Fiscal Year 2016/2017 for the District as checked above. A copy of the
assessments which specifies the amounts levied is on file in the Office of the City Clerk, and is
incorporated herein and made a part hereof as though fully set forth.
SECTION 6. The City Council finds that the assessment for the balloted zones checked
above is in compliance with the provision of the Landscaping and Lighting Act of 1972 and Article
XHID of the California Constitution,and that the City Council has complied with all laws pertaining
to the levy of an annual assessment.
RESOLUTION NO. 2016-26 PAGE 2 OF 4 JULY 12, 2016
SECTION 7. The City Council orders the landscaping and lighting services be prepared for
each zone of the District in accordance with said Engineer's Report and these proceedings.
SECTION 8. The City Engineer is hereby authorized to update the Annual Engineer's
Report and assessments for the Grand Terrace Landscape and Lighting Maintenance District No.89-
1 to reflect the improvements and assessments approved herein for the balloted zones checked above.
SECTION 9. Pursuant to applicable law,the City Clerk is hereby authorized and directed to
file a certified copy of this Resolution, and the diagrams and assessments confirmed by this
Resolution as may be required with the County Auditor/Controller and/or County Assessor of the
County of San Bernardino if such documents are required in addition to those submitted for the
annual levy of assessments for the Grand Terrace Landscape and Lighting Maintenance District No.
89-1 for Fiscal Year 2016/2017.
PASSED,APPROVED AND ADOPTED by the City Council of the City of Grand Terrace this 12th
day of July 2016 by the following vote:
AYES: Mayor Darcy McNaboe, Mayor Pro Tern Sylvia Robles, Council Member Jackie
Mitchell, Council Member Doug Wilson
NOES: None
ABSENT: Council Member Bill Hussey
ABSTAIN: None
ATTEST:
Pat Ja - arcy c a oe
City Clerk% ayo
RESOLUTION NO. 2016-26 PAGE 3 OF 4 JULY 12, 2016
STATE OF CALIFORNIA ) -
COUNTY OF SAN BERNARDINO )
CITY OF GRAND TERRACE )
I,Pat Jacquez-Nares, City Clerk of the CITY OF GRAND TERRACE,CALIFORNIA,DO
HEREBY CERTIFY that the foregoing Resolution,being Resolution No.2016-26 was duly passed,
approved,and adopted by the City Council,approved and signed by the Mayor, and attested by the
City Clerk,all at the regular meeting of said City Council held on the 12th day of July,2016,and that
the same was passed and adopted by the following vote:
AYES: Mayor Darcy McNaboe, Mayor Pro Tem Sylvia Robles, Council Member Jackie
Mitchell, Council Member Doug Wilson
NOES: None
ABSENT: Council Member Bill Hussey
ABSTAIN: None
Executed this 121h day of July, 2016, at Grand Terrace, California.
aji�i M�71eiAaa—
Pat Jacque - e
City Clerk
RESOLUTION NO. 2016-26 PAGE 4 OF 4 JULY 12, 2016