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2022-27 RESOLUTION NO. 2022-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, SETTING AND DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON JULY 12, 2022,AT THE HOUR OF 6:00 P.M. OR SOON THEREAFTER AS FEASIBLE ON LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1, AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2022-2023 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, this City Council is desirous to provide for an 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(hereafter referred to as the "Report") as required by law, and this City Council is desirous of proceeding with the proceedings for said 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 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. Reference is hereby made to LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1 as the District's distinctive designation and which is generally located within the City, of Grand Terrace as more particularly shown in the Engineer's Report. CC Reso No. 2022-27 Page 1 of 4 May 24, 2022 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 Report. No assessment increases are proposed for Zones 1, 2, and 3 of the District for the fiscal year 2021-2022 levy, as provided in the Engineer's Report. There is a proposed assessment increase for the fiscal year 2022-2023 levy for Zone 4, Zone 5, Zone 6 and Zone 7 as detailed in the Engineer's Report, which also includes a description of the annual assessment inflationary adjustment applicable to District assessments and any proposed new or increased assessments, and the requirement that any increase not exceed the annual change in CPI plus 2 percent, in accordance with the adjustment authorized by the property owners when such zones were annexed into the District. 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. 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. CC Reso No. 2022-27 Page 2 of 4 May 24, 2022 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 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 12, 2022, AT THE HOUR OF 6:00 P.M. OR SOON THEREAFTER AS FEASIBLE, 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 CC Reso No. 2022-27 Page 3 of 4 May 24, 2022 attention is directed to the below listed person at the local agency or department so designated: Shanita Tillman, Management Analyst CITY OF GRAND TERRACE 22795 Barton Road Grand Terrace, California 92313 SECTION 14.The City Clerk shall certify to the 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 24th day of May 2022. Darcy M Na e Ma ATTEST: Debra L. Thomas City Clerk " " APPROVED;ASZTOZRM: Adrian R. Guerra City Attorney CC Reso No. 2022-27 Page 4 of 4 May 24, 2022 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. 2022-27 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 24th day of May 2022, and that the same was passed and adopted by the following vote: AYES: Council Members Allen, Wilson, Robles; Mayor Pro Tern Hussey; Mayor McNaboe NOES: None. ABSENT: None. ABSTAIN: None. Executed this 26th day of May 2022, at Grand Terrace, California. Debra L. Thomass : y City Clerk