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R 4799 RESOLUTION NO. 4799 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING THE ENGINEER'S REPORT AND DECLARING ITS INTENTION TO LEVY AND COLLECT ANNUAL ASSESSMENTS FOR THE GRACE LANE ASSESSMENT DISTRICT FOR FISCAL YEAR 2017-2018 WHEREAS, on November 28, 2006, the City Council of the City of Arroyo Grande adopted Resolution No. 3976 ordering the formation of the Grace Lane Assessment District ("District") under Part 2 of Division 15 of the California Streets and Highways Code 22500 et seq. (Landscape and Lighting Act of 1972) (the "Act"), which allows local governmental agencies to form assessment districts for the purpose of financing the costs and expenses of landscaping and lighting public areas; and WHEREAS, the said improvements in the District include but are not limited to: 1) a pedestrian trail across the open space property (Lot B) including, but not limited to, the existing informal hiking trail currently passing through Lot B, signage, fencing; 2) common areas and facilities, including but not limited to the open space parcels and drainage facilities; 3) open space and maintenance thereof in accordance with fuel modification specifications as described in Mitigation Measure No. 15 in Resolution No. 3732 of the City Council of the City of Arroyo Grande; and 4) a private drive and associated improvement for Lots 16 through 19; and WHEREAS, the City Council, at its meeting of April 25, 2017, received a report from the Public Works Director advising the City Council that no new improvements or substantial changes in existing improvements are proposed for the Grace Lane Assessment District; and WHEREAS, the City Council desires to levy and collect the annual assessments against lots and parcels of land within the District to pay the costs and expenses related to the aforementioned improvements described in this Resolution; and WHEREAS, pursuant to Section 22623 of the Act, an Engineer's Report entitled "Updated Final Engineer's Report for Grace Lane Assessment District Fiscal Year 2017- 18" dated May 23, 2017, ("Engineer's Report") has been prepared and filed with the City Clerk and submitted to the City Council, which provides a detailed description of the improvements, the proposed operation and maintenance costs, and the boundaries of the proposed assessments upon assessable lots and parcels of land. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande, as follows: RESOLUTION NO. 4799 PAGE 2 1. The foregoing recitals are true and correct and are incorporated herein. 2. The City Council approves the Engineer's Report. 3. That the City Council hereby declares that it is its intention to seek the annual levy and collection of assessments for the District pursuant to the Act, over and including the land within the District boundary, and to levy and collect assessments on all such land to pay the costs of the maintenance and servicing of the landscaping improvements and all appurtenant facilities and operations related thereto for Fiscal Year 2017-2018 within the boundaries of the Grace Lane Assessment District described herein and in more detail within the Engineer's Report. 4. The improvements to be maintained are specified in the Engineer's Report, no substantial changes are proposed to be made to the existing improvements and the assessment is not proposed to increase from the previous year. 5. That the City Council hereby declares its intention to conduct a public hearing concerning the District and the levy of assessments for the improvements related thereto in accordance with Section 22625 and 22626 of the Act. 6. That a public hearing on these matters will be held by the City Council on Tuesday, June 27, 2017 at 6:00 p.m. at the City Council Chambers, located at 215 E. Branch Street, Arroyo Grande, California, 93420. 7. That the City Clerk shall cause notice to be given of the time and place of the public hearing by causing the publishing of this resolution once in the local paper not less than ten (10) days before the date of the hearing and by posting a copy of this resolution on the official bulletin board customarily used by the City Council for the posting of notices. On motion of Council Member Brown, seconded by Council Member Harmon, and on the following roll call vote, to wit: AYES: Council Members Brown, Harmon, Barneich, and Mayor Hill NOES: None ABSENT: Council Member Ray the foregoing Resolution was passed and adopted this 13th day of June, 2017. RESOLUTION. NO. 1/7qi PAGE 3 JIMJHLL, MAYOR TTEST: 0- -/VtUA991/2-- KELLY ET ORE, CITY CLERK APPROVED AS TO CONTENT: 111111k 000*.__matt4._ JAM CITY MANAGER APPROVED AS TO FORM: HEATHER K. WHITHAM, CITY ATTORNEY • OFFICIAL CERTIFICATION I, KELLY:WETMORE, City Clerk of the City .of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached - Resolution No. 4799 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 13th day of June, 2017. - WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 15th day of June, 2017. 012eLkU491-C -KELLY W' TM -E, CITY CLERK ` I • •