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R 4789 RESOLUTION NO. 4789 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ORDERING THE PREPARATION AND FILING OF THE ANNUAL ENGINEER'S REPORT FOR THE GRACE LANE ASSESSMENT DISTRICT FOR FISCAL YEAR 2017-2018 WHEREAS, the owner (Vista Roble, LLC) of Lots 1 through 19, Tract 2236, petitioned the City to form a maintenance assessment district, commonly referred to as the Grace Lane Assessment District to provide a means to finance the costs of maintenance, operation, and service of certain specified improvements; and 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 under Part 2 of Division 15 of the California Streets and Highways Code 22500- 22679 (Landscape and Lighting Act of 1972), 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 Grace Lane Assessment 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, in order to levy and collect an annual assessment for the Grace Lane Assessment District, it is necessary for the City to comply with Streets and Highways Code, Section 22620 et seq.; and WHEREAS, Streets and Highways Code Section 22622 requires the City to adopt a Resolution that generally describes any proposed new improvements or any substantial changes in existing improvements and order the preparation and filing of an engineer's report; 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. RESOLUTION NO. 4789 PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. Pursuant to Streets and Highways Code Section 22622 et seq., the City Council determines that no new improvements or any substantial changes in existing improvements are proposed within the boundaries of the Grace Lane Assessment District. 3. The City Council orders the preparation and filing of an Engineer's Report for the Grace Lane Assessment District in accordance with Streets and Highways Code Section 22565 Et seq. On motion of Council Member Harmon, seconded by Council Member Barneich, and on the following roll call vote, to wit: AYES: Council Members Harmon, Barneich, Ray, Brown, and Mayor Hill NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 25th day of April, 2017. . , RESOLUTION NO. i-p7g9 PAGE 3 (6.),..„--, t...._.....- ---4 JIM ILL, MAYOR ATT: I , -"&if ' 4 I / !1 .Ji 4 / KELLY , -ETMO!E, —1-I CLERK / AP r ROVE, AS TO • TENT: 1 1 A I! ' I la_ ifRe BERT MCFALL, . : RT'I'lv ITY 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. 4789 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 25th day of April, 2017. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 27th day of April, 2017. I ' -� KEL.L,Y(, ETMORE, CITY CL.E;"K I