2016-11 RESOLUTION NO. 2016-11
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A RESOLUTION OF THE CITY COUNCIL DECLARING ITS
INTENTION TO PROVIDE FOR AN INCREASED ANNUAL
LEVY AND COLLECTION OF ASSESSMENTS FOR
CERTAIN MAINTENANCE IN AN EXISTING DISTRICT,
PURSUANT TO THE PROVISIONS OF DECISION 15, PART 2
OF THE STREET AND HIGHWAYS CODE OF THE STATE
OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR
THE PUBLIC HEARING THEREON
WHEREAS, the CITY COUNCIL of the CITY OF GRAND TERRACE, CALIFORNIA,
desires to levy increased assessments within LANDSCAPING AND STREET LIGHTING
DISTRICT NO. 89-1 (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(the "Act"); and,
WHEREAS, at this time, this City Council is desirous to provide for an increased annual
levy of 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, at this time there has been presented and approved by this City Council, the
Engineer's "Report" as required by law, and this City Council is desirous of proceeding with the
proceedings for said increased annual levy.
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.
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 XIIID 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 new or increased assessments
within the District for the continual maintenance of certain improvements, all to serve and
benefit said District as 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.
RESOLUTION NO. 2016-11 PAGE 1 OF 5 MAY 10, 2016
REPORT
SECTION 3. That the "Report" of the Engineer regarding the annual levy for said
District, which "Report" is for maintenance for the fiscal year 2016-2017 is hereby approved and
is directed to be filed in the Office of the City Clerk.
ASSESSMENT
SECTION 4. That the public interest and convenience requires, and it is the intention of
this City Council to order the increased 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 increased annual assessments to pay the costs and
expense of said maintenance and improvement as estimated in said "Report."
Section 5. The property owner protest ballot proceeding conducted for the District shall
be tabulated separately and constitute the property owners' approval or rejection of the proposed
increased assessments described in the Engineer's Report.
Section 6. 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.
DESCRIPTION OF MAINTENANCE
SECTION 7. The assessments levied and collected shall be for the maintenance of certain
landscaping and street lighting improvements, as set forth in the Engineer's "Report," referenced
and so incorporated herein.
COUNTY AUDITOR
SECTION 8. 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.
RESOLUTION NO. 2016-11 PAGE 2 OF 5 MAY 10, 2016
SPECIAL FUND
- SECTION 9. 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 10. 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 Council and on file in the Office of the City Clerk, and
so designated by the name of the District.
SECTION 11. NOTICE IS HEREBY GIVEN THAT TUESDAY, JULY 12, 2016, AT
THE HOUR OF 6:00 O'CLOCK 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 INCREASED ANNUAL LEVY OF ASSESSMENTS, TO
TABULATE PROPOSITION 218 BALLOTS, CONSIDER ALL ORAL STATEMENTS AND
COMMUNICATIONS MADE OR FILED BY ANY INTERESTED PERSON CONCERNING
THE PROPOSED INCREASED 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. -
NOTICE
SECTION 12. The City Clerk is directed to publish this Resblution o£=lntentk pursuant
to Government Code Section 6061, said publication to be completed n6,'tater than.ten:(10) days
prior to the date set for the Public Hearing.
EFFECTIVE DATE
SECTION 13. That this Resolution shall take effect immediately upon its adoption.
RESOLUTION NO. 2016-11 PAGE 3 OF 5 MAY 10, 2016
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PROCEEDINGS INQUIRIES
` SECTION 14. 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:
Sandra Molina, Planning and Development Services
CITY OF GRAND TERRACE
22795 Barton Road
Grand Terrace, California 92324
PASSED, APPROVED AND ADOPTED this loth day of May, 2016 by the
following vote:
AYES: Council Members Hussey, Wilson, Mitchell, Mayor McNaboe
NOES: None
ABSENT: Mayor Pro Tern Robles
ABSTAIN: None
arcy b or
ATTEST:
Pa i y'e, xk
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RESOLUTION NO. 2016-11 PAGE 4 OF 5 MAY 10, 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. 2016-11 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 l Oth day of
May, 2016, and that the same was passed and adopted by the following vote:
AYES: Council Members Hussey, Wilson, Mitchell, Mayor McNaboe
NOES: None
ABSENT: Mayor Pro Tern Robles
ABSTAIN: None
EXECUTED this 1 Oth day of May, 2016, at Grand Terrace, California.
Pat Jac ez y le
RESOLUTION NO. 2016-11 PAGE 5 OF 5 MAY 10, 2016