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2019-11 RESOLUTION NO. 2019-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA APPROVING THE ENGINEER'S REPORT AND CONFIRMING A DIAGRAM AND ASSESSMENT DESCRIBED THEREIN,APPROVING THE ANNEXATION OF TRACT 18604 INTO THE CITY 'OF GRAND TERRACE LANDSCAPING - AND LIGHTING ASSESSMENT DISTRICT NO. 89-1 AND ORDERING THE WORK IN CONNECTION THEREWITH, AND LEVYING THE ASSESSMENT FOR FISCAL YEAR 2019-2020 WHEREAS, the City Council has, by previous Resolutions, formed and levied annual assessments for the City of Grand Terrace Lighting and Landscaping Assessment District No. 89-1 (hereafter referred to as the "District") pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, beginning with Section 22500 (hereafter referred to as the "Act"), which Act provides for the levy and collection of District assessments on the San Bernardino County tax rolls to pay for the maintenance and operation of lighting facilities, landscaping improvements, and appurtenant facilities and services related thereto within the District. WHEREAS, the City Council has also, by previous Resolutions, annexed land into the District. WHEREAS, the City,Council now desires to annex Tract 18604 into the District, pursuant to the provisions of the Act, because the landscaping maintenance of certain areas within the City is necessary to preserve the environment and aesthetic beauty of the City and is in the general public interest; and, therefore, proposes to annex Tract 18604 into the City of Grand Terrace Landscaping and Lighting Assessment District No. 89-1, City of Grand Terrace, San Bernardino County, State of California. WHEREAS, therefore, the City Council has retained Charles Abbot Associates, Inc., as the assessment engineer, for the purpose of assisting with preparing a report pursuant to the Act for the purpose of annexing the territory within Tract 18604 into the District ("Engineer's Report") and to file the Engineer's Report with the City Clerk in accordance with Chapter 3, Section 22623 of the Act, and which Engineer's Report is on file in the office of the City Clerk of the City of Grand Terrace and incorporated herein by this reference. The specific improvement areas and improvements therefore are described in the Assessment District No. 89-1, Annexation No. 5, Engineer's Report on file in the office of the City Clerk of the City of Grand Terrace and incorporated herein by this reference. WHEREAS, on March 12, 2019, the City Council adopted Resolution No. 2019- 01, which initiated proceedings for the annexation of the land within Tract 18604 into the District pursuant to the Act. WHEREAS, an Engineer's Report has been prepared in accordance with the Act _ and in accordance with the provisions of the California Constitution, Article XIIID, and said CC Reso 2019-11 Page 1 of 3 May 14,2019 report has been filed with the City Clerk, and the City Clerk has presented the report to the City Council pursuant to the Act. WHEREAS, on March 12, 2019, the City Council adopted Resolution No. 2019- 02, which resolution preliminarily approved the related Engineer's Report. WHEREAS, on March 12, 2019, the City Council adopted Resolution No. 2019- 03, which declared the City Council's intent to annex Tract 18604 into the District pursuant to the Act ("Resolution of Intention"). WHEREAS, after adoption thereof, appropriate notice was provided, including notice to all owners of property within Tract 18604, who are subject to any new or increased assessment in compliance with applicable law. WHEREAS, the sole owner of Tract 18604 has provided his written consent to the annexation of Tract 18604 into the District. WHEREAS, the.City Council having duly received and considered evidence, oral and documentary, concerning the annexation of Tract 18604 into the District and concerning the necessity for the contemplated work and the benefits to be derived therefrom and the City Council having now acquired jurisdiction to order the proposed maintenance work, now desires to annex the proposed territory into the District. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: The preceding recitals are true and correct and incorporated herein by reference. SECTION 2: The City Council, pursuant to Chapter 3 Section 22624 (d) of the Act, hereby approves and adopts the Engineer's Report, attached hereto and on file with the City Clerk, which contains a full and detailed description of Annexation No. 5, the improvements, the boundaries of Annexation No. 5, a certified copy of the diagram, and the assessments upon assessable lots and parcels of land within Annexation No. 5, to pay the costs and expenses associated with the maintenance and operation of lighting, landscaping, and appurtenant facilities and services related thereto. SECTION 3: The public interest and convenience requires the annexation of Tract 18604 into the District and levying assessments for maintenance, and the City Council hereby approves the annexation of Tract 18604 into the District and orders that the work, as set forth and described in the Resolution of Intention, be done and made. SECTION 4: The boundaries of the land within .Tract 18640 being annexed into the District are within the incorporated City limits of the City of Grand terrace, within the County of San Bernardino, State of California and in an area designated as: Annexation No. 5 of the Landscaping and Lighting Assessment District No. 89-1 ("Annexation No. 5"). CC Reso 2019-11 Page 2 of 3 May 14, 2019 SECTION 6: The assessments for Annexation No. 5, as provided further in the Engineer's Report, are in compliance with all laws pertaining to the levy of assessments in accordance with Section 53750 et seq. of the California Government Code and in accordance with Section 22500 et seq. of the California Streets & Highways Code and are hereby approved and levied for fiscal year 2019-20. SECTION 6: The assessments are levied without regard to the property value. The Annexation No. 5 assessments are detailed in the Engineer's Report, which includes the requirement that any increase not exceed the greater of the change in Consumer Price Index (CPI) or three percent (2%). SECTION 7: The improvements provided by Annexation No. 5 include the maintenance of landscaped parkways on the north side of Van Buren Street, graffiti removal on the block wall along the east side of the Gage Canal, streetlights, street trees along Tesoro Court and Van Buren Street, and the maintenance of a dual-purpose basin for the retention of water and for a small playground, and may include such improvements, expenses and maintenance as defined in Sections 22525, 22526, 22531 and 22534 of the California Streets & Highways Code. These improvements are more particularly described in the Engineer's Report. SECTION 8: The assessments shall be collected at the same time and in the same manner as taxes for the County of San Bernardino are collected. SECTION 9: That pursuant to Section 22640 and 22641 of the California Streets & Highways Code, the City Clerk shall file a certified copy of the diagram and assessment with the San Bernardino Auditor-ControllerlTreasurer/Tax Collector not later than July 1, 2019 for Fiscal Year 2019/2020. SECTION 10: The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand, Terrace at a regular meeting held on the 14th day of May 2019. D cy a Mayor A EST: De ra L. Thomas, City Clerk APPROVED AS FORM: Adrian R. Guerra City Attorney CC Reso 2019-11 Page 3 of 3 May 14,2019 r TES Engineer ' s Report Tract 18604 City of Grand Terrace Landscaping and Lighting Assessment District No. 89-1 Annexation #5 Charles Abbott Associates Contact: Richard Pedersen, P.E. Table of Contents Tract 18604 Sheet Exhibit Cover Sheet 1 Table of Contents 2 Annexation Overview Tract 18604 3 Assessment Diagram 4 "A" Tract 18604 Landscape Plan Exhibit 5,6 "B" Estimated Annual Maintenance Cost 7,8 "C" Determined of Assessment amount 9,10 "D" Assessment Roll, Property owners list 11 "E" Landowner Consent 12 "F" 2 City of Grand Terrace Landscaping and Lighting Assessment District No. 89-1 Annexation #5 Annexation Overview Annexation #5, for Tract 18604, to the Grand Terrace Landscaping and Lighting Assessment District No. 89-1 is being proposed to provide funding for the maintenance of landscaped parkways on the north side of Van Buren Street adjacent to lots 1 and 17, graffiti removal on the block wall along the east side of the Gage Canal within the western boundary of the tract, streetlights, and street trees along Tesoro Court and Van Buren Street. Lot B is designated as a retention basin and will be maintained as a dual-purpose basin, for retaining water and for a small playground. 3 EXHIBIT "A" ASSESSMENT DIAGRAM SHEET, OF I SHEEI5 LIGHTING AND LANDSCAPE DISTRICT NO.89-1 ANNEXATION NO.5 IN THE CITY OF GRAND TERRACE.COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA FOR TRACT NO. 18604 \ SAKE ENGINEERS,INC. JANVARY 2019 1 1 LEGEND: } 11 TRACT BOUNDARY/BOUNDARY OF AVNIMTION -o STREET LPHT(3 EA.) 1 LANDSCA>E AREA(3,239 S.F.) 1 ® TREE(22 Et) LOT10 LOTS Lora %/// BLOCK WALL GRAFFRI REVOVAL(455 LF.OF BLOCK'NALL) } } TRACT NO. 11240 d \u�# M.B. 155/45-47 LOT 1 L o Z J M �� LOT 7 LOT 17 W 0 • Q 0 WI I Ld LOT 12 I LOT s w & rr ® LOT 5 F LOT 13 U , LL1 f $ Cr 1 a LOT 4 01 LOT 14 e • 0 O D-j LOT L07 15 I �� O LOT16 1J LOT � � w 2 LOT Iz LOT 17 a yq L-Cl.VAN BUREN STREET Qz J P.I.A.B. 186 ,/ 73-74 ul< M- 7Q/ 5,5 PAR 1 / Eq.PAR 2 PAR 18 + 54-- PAR 33 CITY ENGINEER'S STATEMENT GRAND TERRACE CITY COUNCIL STATEMENT FILED IN THE OFFICE OF THE CITY ENGINEER OF THE CITY OF GRAND TERRACE ON THIS GY OF 20_ I HERESY STATE THAT THE CITY COUNCIL OF THE CITY OF GRAM)TERRACE DULY APPROVED ANNE?(ATO.V NO.4 OF THE CTIY OF G1014D TERRACE LIGHTING AND LANDSCAPE CISTRICT NO.E9-1%CITY CF GRAND TE2RACF-SAN EERMARDINO CVJNTY,CAUFORNK CPTIDDID AL50 AF'PRGr£THIS ASSE551/ENT DIAGFAIJ•HHICN N PART OF AYD PEFERENCED ALAV FTENLM.P.E. �� IN THE EkOLSO A E'S TiE THI OF SND ANI/ENATION N0.IlNO.CH 4 ON FILE N THE CF RE EPUBLI-'A'R NS DIRECTOR/CITY DJGINEER THE CITY ENGINEER OF THE CITY OF GRAND TERRACE IN ACCCRDAVCEWTTH ARTIC E 4 OF OF CIfY OF GRAND TERRACE CHPTER t OF THE LANDSCAPE AVD UCNTINC ACT OF T922. DEBRA TH MAS DATE CITY CLERICS STATEMENT CITY CLERK CITY OF GRAND TETIR'RACE FILED IN THE OFFICE OF THE CITY CRERK OF THE CIC/OF GRAND TERRACE ON THIS BAY OF 20_ DEBRA TH2WAS BRIE 40 0 40 80 I20 CITY CIEPoC COY OF GRAND TERRACE SCALE. 1'=40' 1 EXHIBIT "B" City of Grand Terrace Landscaping and Lighting Assessment District No. 89-1 Annexation #5 LANDSCAPE PLANS Landscape Plans and Specifications for the improvements are those prepared BGE Landscape Design, dated May 1, 2017. These Plans and Specifications have been filed separately with the Clerk of the City of Grand Terrace and are incorporated by reference. In summary, the improvements consist of landscaping. Additionally, the district will include the maintenance of a water quality basin, designed for storm water runoff purposes, designated as Lot "B". The assessment diagram (Exhibit "A") and the landscaping plan (Exhibit "B") illustrate the areas to be improved by the developer and approved and accepted by the City of Grand Terrace. . 1 The total square footage of the landscape surface areas is approximately 3,239 square feet. There are 3 streetlights along Tesoro Court and 22 street trees, 17 on Tesoro Court and 5 along Van Buren Street. 5 I� City of Grand Terrace Landscaping and Lighting Assessment District No. 89-1 Annexation #5 VAN BUREN BOULEVARD fill 15 �f I u Dm I I �• Mll � �•� . {it t X• f1TII�MEI NX y3t'b0£m?ttO®PIS e iati 4 4g + � ursBCRwr.D so°�¢[uoD tDt66B7XDDDtSlT61DI D V L' �-dxa e •,u,nn uurru na N;!H 7t34dtII60ED1DDDl(tlii, D D E S l G N PLAN11N6PLAN 6 Exhibit C City of Grand Terrace Landscaping and Lighting Assessment District No. 89-1 Annexation #5 Estimated Annual Maintenance Cost Landscape Maintenance: The total landscape area along the adjacent Van Buren Street and in the Basin is approximately 3,239 square feet. It is estimated that this area would cost$0.02 per square foot per month to water and maintain. Cost Estimate: 3,239 s.f. x $0.02 s.f./month x 12 month/year= $777/year Tree Trimminq/Pruning: An estimated cost of trimming the trees as needed. It is estimated that tree trimming is $65/per tree per year. It is estimated that tree trimming will be required in 5 years. Cost Estimate: 22 trees x $65/x 1 time.per year = $1,430/year Street Light: The electrical cost is based on the minimum monthly charge. Cost Estimate: $10/month x 3 streetlights x 12 month/year= $360/year Perimeter Wall: The cost to maintain the wall for graffiti abatement Cost Estimate: $50/month x 12 months = $600/year Publishing, Noticinq, Miscellaneous: An amount of$200 per year is assigned for the proportionate share of the subject incidental costs. Cost Estimate: $200/year. Continqencies, Administration: An amount for the incidental costs for contingencies including engineering and legal administration. This amount is an estimate based upon the Annual Engineer's Report for Assessment District 89-1. Legal:, $1000 Engineering: $850 Auditor Controller: $20 Cost Estimate: $1,870/year 7 Estimated Annual Maintenance Cost (continued) Annual Cost Estimate Summary: Landscape Maintenance: $777/year Tree Trimming/Pruning: $1,430/year Street Light: $360/year Perimeter Wall: $600/year Publishing, Noticing, Miscellaneous: $200/year Continqencies, Administration: $1,870/near TOTAL $5,237/year Total Regular Annual Maintenance Cost Estimate: $5,237/year CAPITAL RESERVE COST ESTIMATE ( Irrigation, Landscaping, and Lighting - maior repair or replacement cost estimate: A Capital Reserve is added to the annual assessment to cover non-routine maintenance costs. In the event that any or all components of Annexation #5 need replacement or major repairs, which is above and beyond the regular annual maintenance activities, which exceed the regular annual maintenance cost, the Capital Reserve will be utilized. Initial Installation cost The landscape areas: $15,000 Capital Reserve Assessment Estimate (assumed 20 year life) Improvement Initial Construction Cost Annual Reserve Amount Irrigation & Landscaping $15,000 x 5% $750/year Total Capital Reserve, Replacement and Major Repair Cost: $750/year An escalation factor is hereby established to provide for increased maintenance costs due to inflation in future fiscal years. The maximum annual increase shall be the current annualized Consumer Price Index (expressed as a percent) plus two percent (2%). Said Consumer Price Index shall be the Consumer Price Index for all Urban Consumers for the San Bernardino, Los Angeles-Riverside-Orange County area, published by the United States Department of Labor, Bureau of labor Statistics. The Annualized Capital Reserve Cost along with the Regular Annual Maintenance cost establishes the Maximum Annual Assessment. 8 Exhibit D City of Grand Terrace Landscaping and Lighting Assessment District No. 89-1 Annexation #5 Determination of Assessment Amount The landscape improvements maintained under this annexation will be installed per the conditions of approval for Tract 18604. Because these landscape improvements are intended to be an enhancement within and for the entire tract, they will provide specific and special benefit to each lot within the tract, equally. In performing the analysis, it was necessary to identify the benefits that the improvements being financed and maintained render to the properties within the boundaries of the Assessment District and to determine the extent to which such properties receive a direct and special benefit as distinguished from benefits received by the general public. Special Benefits The maintenance of public landscaping and lighting provide a direct and special benefit to those parcels within the tract boundaries. Landscaping will provide an aesthetic benefit, which will enhance the parcels. Maintenance of this landscaping also improves erosion control and dust abatement resulting in additional special benefits. The landscaping, lighting, and graffiti abatement for the wall provides no benefit to any parcel outside of the boundaries of the Assessment District No. 89-1, Annexation #4. General Benefits The street trees and lighting being maintained is located along Tesoro Court, a private road, which provides primary access for each of the parcels, and the landscaping within the water quality basin for storm water runoff, designated as Lot "B". All landscaping and lighting are for the sole benefit and enjoyment of those parcels within the boundaries. of the Assessment District No. 89-1, Annexation #5; therefore, the landscaping within the boundaries of the tract being maintained does not result in any general benefits. There is approximately 20% landscaping along Van Buren Street that may qualify for partial general benefit. It is recommend that the cost of maintenance be share proportionally on a 50%-50% basis for the landscape parkway along Van Buren Street with the City of Grand Terrace. Public Lands Lot "B", which is encumbered by an easement to the City of Grand Terrace, is a basin utilized specifically for storm water runoff for water quality purposes and a requirement for the tract to mitigate the tract's storm water runoff. Since it is used only for water quality purposes created for the parcels within Assessment District No. 89-1, Annexation #5 boundary, the benefits provided by the improvements do not provide any special benefit to lot "B". Accordingly, this _ parcel is also exempt from assessment. 9 Therefore, the maximum annual assessment to each lot is established and based on the Regular Annual Maintenance Costs along with the Annualized Capital Reserve Costs per Exhibit "B" divided by the number of lots within the tract. For the first several years, it is anticipated that the cost to maintain the assessment district will be limited to the Regular ' Maintenance. However, as costs rise due to major repairs and replacement, not covered by regular maintenance, the Capital Reserve portion of the Maximum Annual Assessment will be utilized. The annual assessment will never exceed the Maximum Annual Assessment, excluding the annual escalation factor, without a vote by ballot by the property owners. *Estimated Annual Maintenance and Servicing Costs: Total Regular Annual Maintenance, Servicing and Incidental Costs: $5,237 Total Capital Reserve Costs: 750 Total Costs: $5,987 General Benefit deduction (50% of maintenance cost for Van Buren St.) -$599 Total Adjusted Annual Assessment $5,388 Total Number of Lots: 17 Maximum Per Lot Annual Assessment Amount: $316.94 Maximum Per Lot Monthly Assessment Amount: $26.41 *Excludes future escalation factors. 10 Exhibit E City of Grand Terrace Landscaping and Lighting Assessment District No. 89-1, Annexation #5 PROPERTY OWNER LISTING, ASSESSMENT ROLL Property Owners: Aegis-Van Buren Housing, L.P. Current as of February 19, 2019 Assessor's Parcel Number: (17 residential lots to receive separate assessor's numbers) LEGAL DESCRIPTION: TRACT NO. 18604 IN THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA OWNER: DARRYL MOORE Lot# Address APN Assessed Amount 1 Tesoro Court To be assigned after map recordation $316.94 2 Tesoro Court To be assigned after map recordation $316.94 3 Tesoro Court To be assigned after map recordation $316.94 4 Tesoro Court To be assigned after map recordation $316.94 5 Tesoro Court To be assigned after map recordation $316.94 6 Tesoro Court To be assigned after map recordation $316.94 7 Tesoro Court To be assigned after map recordation $316.94 8 Tesoro Court To be assigned after map recordation $316.94 9 Tesoro Court To be assigned after map recordation $316.94 10 Tesoro Court To be assigned after map recordation $316.94 11 Tesoro Court To be assigned after map recordation $316.94 12 Tesoro Court . To be assigned after map recordation $316.94 13 Tesoro Court To be assigned after map recordation $316.94 14 Tesoro Court To be assigned after map recordation $316.94 15 Tesoro Court To be assigned after map recordation $316.94 16 Tesoro Court To be assigned after map recordation $316.94 17 Tesoro Court To be assigned after map recordation $316.94 11 . EXHIBIT"F" LANDOWNER CONSENT TO FORMATION OF.A MAINTENANCE DISTRICT The City of Grand Terrace Landscaping and Lighting Assessment District No.89- Annexation No-5 (Pursuant to the Landscaping and Lighting Act of 1972) 1. The undersigned,is(are)the property owner(s)of land within the area shown on the map attached and made a part of this document and as described as follows: Tract 18604 2. The undersigned hereby consent(s) to the formation of a maintenance district and requests that this land be included within the City of Grand Terrace's Landscaping and Lighting Assessment District#89.1 and be assessed annually for the cost of maintaining improvements as described in the engineer's report on file with the City Clerk, generally described as follows: 22 Street trees, and 3 streetlights within public right-of-way along Van Buren Street and Tesoro Court;graffiti abatement on the perimeter waft along the Van Buren Street frontage of Tract 18604. See Assessment Diagram for precise locations and boundaries. 3. The undersigned hereby waives the right to any further notice and the public hearing otherwise required by the Landscaping and Lighting Act of 1972 for the formation of the maintenance district and the adoption of the first annual budget, and the undersigned further consent to the approval by the City Council of the City of Grand Terrace, of the Engineer's Report attached hereto as Attachment A and by reference incorporated herein. Name(Signature) Date Name (Pfinted) 2`L30 &,�f-m U"2oo 1. . C,f`! Z313 Address f 12 INSTRUCTION SHEET— PUBLIC HEARING CITY OF GRAND TERRACE LANDSCAPING AND STREET LIGHTING DISTRICT NO. 8.9-1 PUBLIC HEARING MAJORITY PROTEST: Any interested person may file a written protest with the City Clerk, stating the grounds for their objection. Said protest shall contain a description of the property sufficient to identified said property. All interested persons shall be afforded the opportunity to be heard at the Public Hearing. If written protests submitted, and not withdrawn, constitutes in excess of fifty (50%) percent of the total value of the assessment, the proceedings must be abandoned. ASSESSMENT ROLL If there are to be no changes or modifications in the individual assessment amounts, then the assessment roll as previously prepared should be confirmed. A copy of the confirmed assessments should be filed in the Office of the City Engineer, with a duplicate copy on file in the office of the City Clerk and open for public inspection. RESOLUTION CONFIRMING ASSESSMENT The adoption of this Resolution constitutes the levy of the special assessment for the fiscal year so referred to in the assessment. COUNTY AUDITOR Immediately after the adoption of the Resolution Confirming the Diagram and the Assessment, and no later than the August 10, 2019, the Clerk shall file a copy of the assessment diagram and the assessment, or a certified copy thereof, with the County Auditor. I would recommend that together with a copy of the diagram and assessment, a certified copy of the Resolution Confirming the Assessment be forwarded also. FISCAL YEAR The Assessment, as levied for these proceedings, will relate to the fiscal year commencing July 1, 2019, and ending June 30, 2020. Note that an annual updating of the proceedings will be required for each subsequent fiscal year to accomplish the levy for the ensuing fiscal year. FUTURE PROCEEDINGS Be advised that it is necessary, each year, to update the Engineer's "Report" and approve said "Report" for the ensuing fiscal year. We should all probably mark our calendars for some time after the first of the year to begin the process. CHANGES AND MODIFICATIONS AT HEARING During the course of the Public Hearing, or upon the conclusion of said hearing, the legislative body may order changes in the improvements, the boundaries of the. District, or any zones thereof.The legislative body may, without further notice, order the exclusion of territory from the district, but no property shall be added to said District except upon the following terms and conditions: a. Upon written request by a property owner for the inclusion of his property; b. Upon the legislative body declaring its intention to add additional property and directing that mailed notice be given to the property owners within the proposed annexed. I would recommend that if any changes are to be considered, the matter be continued so that the proper documentation can be drafted. l ORDER OF PROCEDURE --' CITY OF GRAND TERRACE LANDSCAPING AND STREET LIGHTING DISTRICT NO. 89-1 PUBLIC HEARING DATE: May 14, 2019 Present ENGINEER'S REPORT, STAFF: general discussion of LANDSCAPING AND STREET LIGHTING DISTRICT NO. 89-1 CITY COUNCIL: See attached INSTRUCTION SHEET — PUBLIC HEARING Adopt RESOLUTION CONFIRMING ANNEXATION