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RESOLUTION NO. 2004-370
RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND
DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST, THAT
BALLOTS REPRESENTING AT LEAST FIFTY PERCENT (50%) AFFIRMATIVE
VOTES FOR THE PROPOSED ASSESSMENT HAVE BEEN RECEIVED AND THAT
THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE MAINTENANCE OF
LANDSCAPING IN THE AREA OF PALM AVENUE AND MEYERS ROAD,
APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT
DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS
ASSESSMENT DISTRICT NO. 1035, ZONE 1 AND ZONE 2, ORDERING THE WORK,
CONFIRMING THE 2005-2006 ASSESSMENT ROLL, AND DETERMINING THAT THE
SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST
ACT OF 1931 SHALL NOT APPLY.
WHEREAS, pursuant to Chapter 12.90 of the San Bernardino Municipal Code, the Mayor
and Common Council of the City of San Bernardino have preliminarily found that the public
interest, convenience, and necessity require the maintenance of landscaping in a portion of the City,
as more fully hereinafter described, and the appurtenances and appurtenant work and incidental
costs and expenses in connection therewith, that the project is feasible, and that the lands to be
assessed will be able to carry the burden of the proposed assessments to pay the costs and expenses
thereof; and
WHEREAS, on September 20, 2004, the Mayor and Common Council of the City of San
Bernardino preliminarily approved the Engineer's Report relative to the formation of Assessment
District No. 1035, Zone 1 and Zone 2, which is on file in the office of the City Clerk, and adopted
Resolution No. 2004-294 entitled:
"RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE
THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
LOCATED IN THE PALM AVENUE AND MEYERS ROAD AREA WITHOUT
COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION
AND MAJORITY PROTEST ACT OF 1931; DECLARING ITS INTENTION TO
PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS
ASSESSMENT DISTRICT NO. 1035, ZONE 1 AND ZONE 2; PRELIMINARILY
11 / 10/2004 1
2004-370
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RESOLUTION, FINDING AND DETERMINING LESS THAN A MAJORITY PROTEST... APPROVING THE
ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO. 1035, ZONE 1 AND ZONE 2,
ORDERING WORK AND APPROVING 2005-2006 ASSESSMENT ROLL (PALM AVENUE AND MEYERS
ROAD VERDEMONT DRIVE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT).
APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC
MEETING AND PUBLIC HEARING."
which said resolution duly and legally was published and notice given of a Public Meeting and a
Public Hearing in the manner required by law, and pursuant to Section 4 of Article XIIID of the
California Constitution, all property owners given notice were also given an Assessment Ballot to
indicate support or opposition to the proposed assessment, and written objections and protests, if
any, to the formation of the proposed district, the work to be done or the extent of the district to be
assessed were heard and considered; and
WHEREAS, a Diagram of the Assessment District has been prepared and is on file in the
office of the City Clerk; and
WHEREAS, an Assessment Roll has been prepared totaling $12,138.60 for Zone 1, and
$1,536.60 for Zone 2, which sets forth the individual assessments to be levied on each of the
parcels of land within Assessment District No. 1035, Zone 1 and Zone 2, for the fiscal year 2005-
2006, as set forth in the Engineer's Report, as now submitted, on file in the office of the City Clerk.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That a Public Meeting having been held on November 1, 2004, and a Public
Hearing having been held on November 15, 2004, the Mayor and Common Council, having heard
and considered any and all comments received thereon and being fully advised in the premises,
hereby determine that any and all protests received represent less than a Majority Protest, as
represented by the assessment units assessable on the properties represented by said protests.
11/10/04
`A
2004-370
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RESOLUTION, FINDING AND DETERMINING LESS THAN A MAJORITY PROTEST... APPROVING THE
ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO. 1035, ZONE I AND ZONE 2,
ORDERING WORK AND APPROVING 2005-2006 ASSESSMENT ROLL (PALM AVENUE AND MEYERS
ROAD VERDEMONT DRIVE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT).
SECTION 2. That ballots having been received and considered, it is hereby determined
that the ballots submitted in favor of the assessment exceed the ballots submitted in opposition to
the assessment.
SECTION 3. That it is hereby determined that all properties, parcels and lots within the
boundaries of the Assessment District receive a local and direct benefit for the works of
improvement as proposed for said Assessment District, except for portions determined to be of a
general benefit as set forth in said Engineer's Report, and it is hereby further determined and
declared that all assessable costs and expenses have been apportioned and spread over the
properties within the boundaries of the Assessment District in direct proportion to the benefits
received thereby.
SECTION 4. That the public convenience and necessity require the proposed maintenance
and the Mayor and Common Council hereby order, by an affirmative vote of not less than 4/5ths
of its members present and voting, the formation of Assessment District No. 1035, Zone I and
Zone 2, along with the work and appurtenances described in said Resolution No. 2004-294 and
said Engineer's Report as herein approved and that the Special Assessment Investigation,
Limitation and Majority Protest Act of 1931 shall not apply.
SECTION 5. That the Engineer's Report relative to the formation of Assessment District
No. 1035, Zone 1 and Zone 2, as now submitted, together with a Diagram of the Assessment
District, both on file in the office of the City Clerk, are hereby accepted and approved and that said
Engineer's Report shall stand as the Report for all future proceedings for this Assessment District.
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RESOLUTION, FINDING AND DETERMINING LESS THAN A MAJORITY PROTEST... APPROVING THE
ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO. 1035, ZONE 1 AND ZONE 2,
ORDERING WORK AND APPROVING 2005-2006 ASSESSMENT ROLL (PALM AVENUE AND MEYERS
ROAD VERDEMONT DRIVE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT).
SECTION 6. That the Mayor and Common Council do hereby find and determine that the
proportionate costs to be levied against the parcels of land within Assessment District No. 1035,
Zone 1 and Zone 2, are correctly set forth on Assessment Roll No. 1035, Zone and Zone 2 for
the fiscal year 2005-2006, as set forth in said Engineer's Report, as now approved, and on file in
the office of the City Clerk of the City of San Bernardino, and do hereby confirm said assessments.
SECTION 7. The City Clerk is hereby directed and authorized to publish a Notice Inviting
Bids for performing the work ordered, in the San Bernardino County Sun, a newspaper published
and circulated in said City, according to the specifications prepared or as will be prepared by the
City Engineer and on file or to be filed in the office of the City Engineer, at such time when the
installation of the landscaping and appurtenances has been accepted by the City. The contract will
be awarded pursuant to standards used by the City in the award of Public Works contracts.
SECTION 8. It is hereby determined that the formation of the assessment district is
categorically exempt from the requirements of the California Environmental Quality Act (CEQA),
pursuant to Class 1, Section 15301(c).
SECTION 9. Reference hereby is made to said Resolution No. 2004-294 and said
Engineer's Report for a description of the work, the extent of the assessment district, the financing
alternatives and for further particulars.
SECTION 10. That the City Clerk is directed to cause a copy of this Resolution to be
transmitted to the office of the Auditor -Controller for the County of San Bernardino with the
request that the individual assessments as shown on Assessment Roll No. 1035, Zone 1 and Zone
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RESOLUTION, FINDING AND DETERMINING LESS THAN A MAJORITY PROTEST... APPROVING THE
ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO. 1035, ZONE 1 AND ZONE 2,
ORDERING WORK AND APPROVING 2005-2006 ASSESSMENT ROLL (PALM AVENUE AND MEYERS
ROAD VERDEMONT DRIVE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT).
2, be placed on the subject 2005-2006 property tax bills for collection together with all other
property taxes.
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2004-370
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RESOLUTION, FINDING AND DETERMINING LESS THAN A MAJORITY PROTEST... APPROVING THE
ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO. 1035, ZONE 1 AND ZONE 2,
ORDERING WORK AND APPROVING 2005-2006 ASSESSMENT ROLL (PALM AVENUE AND MEYERS
ROAD VERDEMONT DRIVE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT).
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint regular meeting thereof
held on the 15 th day of November 20 04 , by the following vote, to -wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
LONGVILLE x
MCGINNIS x
DERRY x
KELLEY x
JOHNSON x
MCCAMMACK %
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City Jerk
The foregoing resolution is hereby approved this 14,-a, day of November 20 04 .
JUDITIiN/ALIES, Mayor
City qf`Sqri Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By: h
11/10/04 6