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2019-03 RESOLUTION NO. 2019-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA DECLARING ITS INTENTION TO ANNEX TERRITORY WITHIN TRACT 18604 INTO THE CITY OF GRAND TERRACE LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT NO. 89-1 PURSUANT TO THE LIGHTING AND LANDSCAPING ACT OF 1972, PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE A PUBLIC HEARING TO CONSIDER THIS PROPOSAL 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 Streets and Highways Code of California, 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, by previous Resolutions, annexed land into the District four times. WHEREAS, therefore, the City Council has retained Charles Abbott 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. WHEREAS, the City Council desires to annex additional land 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 territory into the City Grand Terrace Landscaping and Lighting Assessment District No. 89-1, City of Grand Terrace, San Bernardino County, State of California and declares its intention to levy and collect assessments pursuant to said Landscaping and Lighting Act of 1972. 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. 2019-03 CC RESO Page 1 of 4 March 12, 2019 WHEREAS, the City Council by Resolution, has 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 report has been filed with the City Clerk, and the City Clerk has presented the report to the City Council pursuant to the Act; and WHEREAS, the City Council has by Resolution, preliminarily approved the Engineer's Report as filed or amended pursuant to the Act. 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 (a) of the Act, hereby declares its intention to annex all land within Tract 18604 into the District and, therefore, to levy and collect annual assessments for the District, over and including the land within the District boundaries and the territories, including such land within Tract 18604. SECTION 3: The boundaries of the land within Tract 18640 to be 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"). SECTION 4: The City Council pursuant to Chapter 3 Section 22624 (d) of the Act, hereby refers to the Engineer's Report, on file with the City Clerk, for a full and detailed description of Annexation No. 5, the improvements, the boundaries of Annexation No. 5, and the proposed 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 5: 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 Chapter 1 Article 2 Sections 22525, 22526, 22531 and 22534 of the Act. These improvements are more particularly described in the Engineer's Report. 2019-03 CC RESO Page 2 of 4 March 12, 2019 SECTION 6: The assessments shall be collected at the same time and in the same manner as taxes for the County of San Bernardino are collected. The City Engineer shall file a report annually with the City Council and the City Council shall annually conduct a hearing upon such report at their regular meeting before May 14, 2019, at which time assessments for the next Fiscal Year will be determined. The proposed 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: Notice is hereby given that a Public Hearing on these matters will be held by the City Council on May 14, 2019, 2019, at 6:00 p.m., or as soon thereafter as feasible in the City Council Chambers, located at 22795 Barton Rd., Grand Terrace, California 92313 pursuant to Chapter 3 Section 22626 of the Act. Any and all persons having any objections to the work or the extent of the annexation to the District may appear and show cause why said work should not be done or carried out or why said annexation to the District should not be confirmed in accordance with this Resolution of Intention. The City Council will consider all oral and written protests. SECTION 8: The City Clerk shall cause this Resolution of Intention to be published in accordance with Section 22552 of the California Streets and Highways Code, occurring no later than 10 days prior to the public hearing at which the City Council will consider levying the proposed assessments. The City Clerk shall further post a copy of this Resolution on the official bulletin board customarily used by the City Council for the posting of notices pursuant to Chapter 1, Article 3, Sections 22552 and 22553 of the Act. SECTION 9: The City Clerk shall also give notice by a first-class mailing to all owners of property subject to any new or increased assessment. The notice shall be mailed no later than 45 days prior to the public hearing at which the City Council will consider levying the new or increased assessments and shall be at least in 10 point type. The form of said notice shall conform in all respects with the requirements of subdivision (b) of Section 53753 of the Government Code and pursuant to subdivision (c) of that section, each notice shall contain an assessment ballot whereon the property owner may indicate support or opposition to the proposed assessment. SECTION 10: The City Council hereby designates the City Engineer as the person to answer inquiries regarding the District and the proposed annexation thereto. SECTION 11: The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the City Council's preliminary approval of the Engineer's Report and its intention to consider the annexation of land within Tract 18604 into the District and to levy and collect assessments therein pursuant to the Act. 2019-03 CC RESO Page 3 of 4 March 12, 2019 PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 12th day of March 2019. i Darcy McNa6dd, Mayor ATTEST: Debra L. Thomas, City Clerk APPROVED AS TO FORM: Adrian R. Guerra City Attorney 2019-03 CC RESO Page 4 of 4 March 12, 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. 2019-03 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 12t" day of March 2019, and that the same was passed and adopted by the following vote: AYES: Council Members Allen, Hussey, Robles, Mayor Pro Tern Wilson; Mayor McNaboe NOES: None. ABSENT: None. ABSTAIN: None. Executed this 13th day of March 2019, at Grand Terrace, California. Debra L. Thomas City Clerk [SEAL]