HomeMy WebLinkAbout29-Development Services o
CITY OF SAN BERNARDINO - REQUEST FOR COUNCI AC- I
From: Valerie C. Ross, Director Subject: Resolutions approving the
2009/2010 Assessment Rolls -- various
Dept: Development Services Assessment Districts.
Date: May 5, 2009
File No.: 14.40-various MCC Date: 06-15-2009
Synopsis of Previous Council Action:
06-16-2008 --- Approval of 2008/2009 Assessment Rolls (various Assessment Districts)
Recommended Motion:
Adopt Resolutions (57).
riiptit/ R,10-
Valerie C. Ross
Contact person: LASZLO "Les" FOGASSY Phone: 5026
Supporting data attached: Staff Report, Summary, Ward: 1,3,4,5,6
Maps, Resolutions
FUNDING REQUIREMENTS: Amount: $2,055,502.27 (Various Assessment Districts)
$18,031.61 (General Benefit not assessable)
Source: (Acct. No.)Various Account Numbers -251 and 254 funds
001-382-5506-0000—(General Benefit)
(Acct. Description) Assessment Districts & Landscape
Maintenance Contracts)
Finance:
Council Notes: V // /C 9} "407
7/6P9 s�
i,.)//7x/ 0,/09
Agenda Item No. — a� —
�/ Vol
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject•
Resolutions approving the 2009/2010 Assessment Rolls -- various Assessment Districts.
Background:
Over the years, various assessment districts have been formed throughout the City for various
types of improvements or maintenance. The majority of these are landscape maintenance
assessment districts that were formed as a result of conditions of approval for the development of
various tracts. The assessment districts provide a means of funding the maintenance of
landscaping that was installed throughout these tracts. The annual assessments include the
contract costs for maintenance, water and energy, inspection and administration. The currently
formed landscape maintenance districts are AD 951 (Zones 1 and 2), 952 (Zones 1, 2, 2A, and
3), 953, 956, 959 (Zone 1 Only), 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001,
1002, 1005, 1007, 1012, 1016, 1017, 1019, 1020, 1022. (Zones 1, 2 and 3), 1023, 1024, 1025,
1027, 1028, 1029, 1030, 1031, 1032, 1035 (Zones 1 and 2), 1036, 1037, 1038, 1039, 1040,
1041,1042, 1043 (Zone 1 and 2), 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054,
1055, 1057, 1058, 1059, 1060, 1061,1062, 1063, and 1064. The attached maps show the location
and boundary of each of the districts.
Assessment District 1065 (48th and Little Mountain) area was formed in 2007, but was
terminated in 2008 due to the change in the use of the property from residential to a proposed
elementary school.
There are 2 assessment districts that were formed sometime ago (AD 959 Zone 2, Little
Mountain and AD 970, Little League Drive), but development did not occur at these sites and
these districts are currently inactive. AD 984 (Central & Gifford) was formed as a default district
and is currently also inactive.
There are 5 Assessment Districts for the maintenance of sewer lift stations. These districts are
AD 962, 963, 989, 1024 and 1055 (the latter three also include landscape maintenance). Since
all of these districts are for maintenance, the assessments are collected in perpetuity or until
termination of the assessment district.
Assessment District No. 1038, located at the northeast corner of Orange Show Road and
Arrowhead Avenue was established as a "default" district; i.e., the property owner, through a
Property Owners Association, is to maintain the perimeter landscaping, and the District will
only assume the maintenance, after due notice, in the event that the owner defaults on the
maintenance. There is still a minimal annual assessment amount to cover weekly inspection and
incidental costs.
Assessment District No. 1022 and its Zones 1, 2 and 3 (SBIA Area Landscape/Lighting
Maintenance Assessment District) has provisions for portions of the district being established as
a "default" district, where portions of the parkway landscaping are being maintained by the
adjacent property owners. However, the City maintains the median areas as well as Timber
Creek, and all of the property owners are assessed for those costs as well as the street lighting
maintenance and energy costs. Currently, all improved parkway (only) areas are covered under a
default agreement, thus the District only maintains the medians and Timber Creek.
There is one assessment district that was formed for the acquisition of improvements. This
district is AD 1018, which is for acquisition of curb, gutter, sidewalk and perimeter block wall
within Tract No. 14448, located at Northpark Boulevard and Mountain Drive. This district runs
for a total of 15 years (7 years remaining, including the current assessment year), and provides
the funds to reimburse the developer (Osborne Development or their assignee) for the costs of
installing the stated public improvements, pursuant to an agreement between the City and the
developer.
Additionally, Community Facilities District (CFD) No. 1033, Verdemont Fire Station, was
approved in 2004, allowing developers within the CFD area to fund their respective California
Environmental Quality Act (CEQA) impact mitigation fees through the district, in lieu of paying
the entire fee at once. The assessment funds a portion of the operations and maintenance costs of
the Verdemont Fire Station. The assessment for the CFD is not imposed until such time that
building permits are issued for the various parcels within the District. Currently, there are 6
residential tracts within the CFD, and 7 non-residential developments. Two of the residential
tracts and 5 of the non-residential developments are currently being assessed. Annexation into
the CFD is an ongoing process as development occurs in the Verdemont area and developers
choose annexation into the CFD rather then paying the entire fee in one sum.
In 2006, the City annexed an area generally north of Highland Avenue, between Golden Avenue
and Del Rosa Avenue. This area is subject to a special tax that was established by the County of
San Bernardino for paramedic services. Annexation law allows the City to assume collecting
those fees, and the District was established as Special tax Area 2006-1. The rate is $19 per year
per unit for residential properties and $38 per year per unit for commercial properties. The funds
collected in this District may only be used for paramedic services within the District.
With the passage of Proposition 218 in November of 1996, new procedures and requirements
became necessary not only for the formation of assessments districts but also for the annual
levies. However, certain types of districts are "exempt" from the procedural requirements of
Proposition 218. The exemptions can be based on, but not limited to, a district being formed by
100% approval of the property owners at the time the district was formed. This is the case with a
large portion of the districts established prior to the passage of Proposition 218, since these were
formed when they were still under one ownership, typically the developer. The remaining
districts were determined to be exempt that were formed for construction or maintenance of
streets and street improvements, including traffic signals and landscaping within the street right
of way.
Assessments for the exempt districts do not need to go through the procedural requirements of
Proposition 218 property, unless there is an increase in the assessment amount over any highest
prior assessment, which requires approval of the majority of property owners in the district, as
well as the District being bought into full compliance with Proposition 218. Even in the case of
an increase, if the methodology or the rate of assessment remains the same, the exemption may
still apply. All of the districts formed since the passage of Proposition 218 (AD 1017 and newer)
have escalators built in, to allow for an increase equal to the greater Los Angeles Consumer Price
Index (CPI— 3.5% for 2008) or 5%, whichever is less. Several of the districts have increases this
year in the amount of the CPI, but are within the permitted increase allowance and thus no ballot
procedure is necessary. Additionally, assessments may be increased to any previously approved
assessment, not just the prior year, without requiring property owner approval. The attached
summary lists the various districts being submitted, and the proposed and prior highest
assessment amounts. The assessments are based on actual prior years costs plus amounts
estimated for reserves or operational increases as necessary to ensure proper maintenance.
Pursuant to the procedural requirements of Proposition 218, those portions of any maintenance or
improvements determined to be of a general benefit cannot be assessed to the assessment district.
A portion of the maintenance within several districts formed after the passage of Proposition
218, have been determined to be a general benefit and these amounts cannot be assessed to the
respective Districts and will need to be paid from the general fund or other source. The specific
formulas for determining general benefit are contained within the respective Engineer's Reports.
The summary shows the general benefit amounts that are not assessable for these districts.
Assessment District Nos. AD 1058 and AD 1062 were previously approved this fiscal year,
along with the first year's assessment rolls, and are included here only for information. The
general benefit portion of these districts, if any, will be taken into account once actual
maintenance has been started and actual maintenance costs determined. The amounts shown on
the roll are to "pre-fund" the estimated first year's maintenance costs and have already had the
estimated general benefit amount deducted, as shown in the respective Engineers' Reports.
Four of the older assessment districts are currently operating at a deficit, where cumulative
assessments do not cover cumulative costs. These Districts are AD 953 (16th & Medical Center
Drive area, established in 1982), with an assessment shortage of $3,272; AD 956 (Hospitality
area, established in 1985), with an assessment shortage of $25,670, AD 974 (Rialto and
Eucalyptus area, established in 1986), with an assessment shortage of $2,435, and AD 1001
(Pennsylvania and Birch area, established in 1991) with an assessment shortage of$3,983, for a
total of$35,360. Since these districts were not established with an escalator, a Proposition 218
ballot process will need to occur to gain approval from the majority of property owners for an
increase, as well as bringing the respective District(s) that are currently exempt from Proposition
218 requirements, into full compliance with Proposition 218, including a determination of any
general benefit. However, it would likely be very difficult to obtain such an approval in the
current economic environment. The shortages for these districts will need to be paid for from the
general find. In the event that the property owners approve an increase in assessments in the
future, this amount, or portions thereof, could potentially be reimbursed to the general fund. The
other alternative is to reduce the level of maintenance and/or reduce the maintenance costs.
Several of the Districts show a $0 assessment amount on the assessment rolls. These are districts
that were formed over the past few years and have had the initial estimate of maintenance costs
previously assessed, but are still under maintenance of the developer, or are in various phases of
development and no landscaping has yet been installed. Assessments for these districts will
resume once the City has taken over the maintenance.
The attached Resolutions confirm the 2009/2010 Assessment Rolls for the respective assessment
district. A detailed assessment roll for each District, depicting the amount to be assessed against
each parcel within each specific District, is on file in the office of the City Clerk, along with a
detailed report of the assessment breakdown for each district.
Financial Impact:
The total assessments of $2,055,502.27 pay the City's maintenance and/or operation and
incidental costs for the various districts. If the assessments are not approved, the City will not be
reimbursed for its costs. The general benefit amount of$18,031.61 from the various Districts as
shown on the attached summary, will not be reimbursed from the Assessment Districts for FY
2009/2010, as these amounts are determined to be general benefit and therefore not assessable,
and will be paid for from the General Fund. Assessment shortages for four Districts, as set forth
above, totaling $35,360.89, will not be reimbursed to the City's general fund.
Recommendation:
Adopt Resolutions (57).
Attachments:
- Assessment Summary
- Maps
- Resolutions (57)
r
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE
3 2009/2010 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1016,
LANDSCAPING MAINTENANCE DISTRICT, COULSTON STREET AREA.
4 WHEREAS, by Resolution No. 95-375, the Mayor and Common Council found that
5
the public interest, convenience, and necessity required the formation of a landscaping
6
7 maintenance district; and
8 WHEREAS, by said Resolution No. 95-375. the Mayor and Common Council formed
9 an assessment district known as Assessment District No. 1016 for the purpose of providing
10 landscaping maintenance in the Coulston Street area, pursuant to the provisions of Chapter
11 12.90 of the San Bernardino Municipal Code; and
• 12
WHEREAS, by Resolution No. 95-356 the Mayor and Common Council declared that
13
all the land included within the boundaries of said district receive a special benefit by the
14
15 maintenance of said landscaping; and
16 WHEREAS, said Resolution No. 95-356 declared that an annual assessment shall be
17 levied on all land within the district to provide funding for said landscaping maintenance and the
18 administration thereof; and
19 WHEREAS, an Assessment Roll has been prepared totaling S4 304.88. which sets
20
forth the individual assessments to be levied on each of the parcels of land within Assessment
21
District No. 1016 for the fiscal year 2009/2010; and
23 WHEREAS, Article XIII D of the California Constitution requires that any and all
24 Assessment Districts existing on the effective date of said Article XIII D shall comply with the
25 procedural and approval process as set forth in Section 4 of said Article XIII D. except as set
26 forth in Section 5 therein.
27
28 8- 3-0g
aQ) X
05/04/09 1
RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2009/2010 ASSESSMENT
1 ROLL FOR ASSESSMENT DISTRICT NO. 1016, LANDSCAPING MAINTENANCE DISTRICT,
COULSTON STREET AREA.
2
3
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
4 CITY OF SAN BERNARDINO AS FOLLOWS:
5 SECTION 1. That the Mayor and Common Council do hereby find and determine that
6
the assessments as set forth on said Assessment Roll No. 1016 are hereby exempt from the
7
procedural and approval requirements of Article XIII D of the California Constitution, as
8
provided for under Section 5(b) of said Article XIII D.
10 SECTION 2. That the Mayor and Common Council do hereby find and determine
11 that the proportionate costs to be levied against the parcels of land within Assessment District
12 No. 1016 are correctly set forth on Assessment Roll No. 1016, for the fiscal year 2009/2010, on
13 file in the office of the City Clerk of the City of San Bernardino, and do hereby confirm said
14
assessments.
15
SECTION 3. That the City Clerk is directed to cause a copy of this Resolution to be
16
17 transmitted to the Office of the Auditor-Controller for the County of San Bernardino with the
18 request that the individual assessments be placed on the subject 2009/2010 property tax bills
19 for collection together with all other property taxes.
20 ///
21
22
23
24
25
26
27
28
06/04/09 2
•
RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2009/2010 ASSESSMENT
1 ROLL FOR ASSESSMENT DISTRICT NO. 1016, LANDSCAPING MAINTENANCE DISTRICT,
COULSTON STREET AREA.
2
3
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
5
Common Council of the City of San Bernardino at a meeting thereof
6
held on the day of , 2009. by the following vote, to wit:
7
8 Council Members: AYES NAYS ABSTAIN ABSENT
9
ESTRADA
10
BAXTER
11
12 BRINKER
13 SHORETT
14 KELLEY
15 JOHNSON
16 MCCAMMACK
17
18
City Clerk
19
20 The foregoing resolution is hereby approved this day of , 2009.
21
22
23 PATRICK J. MORRIS, Mayor
24 City of San Bernardino
25 Appr ved as to form:
26 ' , , -2 .
27 • / S F. PENMAN, City Attorney
28
05/04/09 3
1 RESOLUTION NO. `
Li
2 RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE
3 2009/2010 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1017,
LANDSCAPING MAINTENANCE DISTRICT, PINE AVENUE AND KENDALL
4 DRIVE AREA.
5 WHEREAS, by Resolution No. 96-248, the Mayor and Common Council found that
6 the public interest, convenience, and necessity required the formation of a landscaping
7 maintenance district; and
8
WHEREAS, by said Resolution No. 96-248, the Mayor and Common Council formed
9
an assessment district known as Assessment District No. 1017 for the purpose of providing
10
11 landscaping maintenance in the Pine Avenue and Kendall Drive area, pursuant to the provisions
12 of Chapter 12.90 of the San Bernardino Municipal Code; and
13 WHEREAS, by Resolution No. 96-145, the Mayor and Common Council declared that
14 all the land included within the boundaries of said district receive a special benefit by the
15 maintenance of said landscaping;
and
16
WHEREAS, said Resolution No. 96-145 declared that an annual assessment shall be
17
18 levied on all land within the district to provide funding for said landscaping maintenance and the
19 administration thereof; and
20 WHEREAS, an Assessment Roll has been prepared totaling $22,873.77, which sets
21 forth the individual assessments to be levied on each of the parcels of land within Assessment
22 District No. 1017 for the fiscal year 2009/2010; and
WHEREAS, Article XIII D of the California Constitution requires that any and all
24
Assessment Districts existing on the effective date of said Article XIII D shall comply with the
25
26 procedural and approval process as set forth in Section 4 of said Article XIII D, except as set
27 forth in Section 5 therein.
28
05/04/09 1.
RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2009/2010 ASSESSMENT
1 ROLL FOR ASSESSMENT DISTRICT NO. 1017, LANDSCAPING MAINTENANCE DISTRICT, PINE
AVENUE AND KENDALL DRIVE AREA.
2
3 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
4 CITY OF SAN BERNARDINO AS FOLLOWS:
5 SECTION 1. That the Mayor and Common Council do hereby find and determine that
6 the assessments as set forth on said Assessment Roll No. 1017 are hereby exempt from the
7 procedural and approval requirements of Article XIII D of the California Constitution, as
8
provided for under Section 5(b) of said Article XIII D.
9
SECTION 2. That the Mayor and Common Council do hereby find and determine
10
11 that the proportionate costs to be levied against the parcels of land within Assessment District
12 No. 1017 are correctly set forth on Assessment Roll No. 1017, for the fiscal year 2009/2010, on
13 file in the office of the City Clerk of the City of San Bernardino, and do hereby confirm said
14 assessments.
15 SECTION 3. That the City Clerk is directed to cause a copy of this Resolution to be
16
transmitted to the Office of the Auditor-Controller for the County of San Bernardino with the
17
request that the individual assessments be placed on the subject 2009/2010 property tax bills
18
19 for collection together with all other property taxes.
20 111
21
22
23
24
25
26
27
28
06/04/09 2
RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2009/2010 ASSESSMENT
1 ROLL FOR ASSESSMENT DISTRICT NO. 1017, LANDSCAPING MAINTENANCE DISTRICT, PINE
AVENUE AND KENDALL DRIVE AREA.
2
3 I HEREBY CERTIFY that the foregoing, resolution was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a meeting thereof
5
held on the day of , 2009, by the following vote, to wit:
6
7 Council Members: AYES NAYS ABSTAIN ABSENT
8 ESTRADA
9
BAXTER
10
BRINKER
11
12 SHORETT
13 KELLEY
14 JOHNSON
15 MCCAMMACK
16
17
18 City Clerk
19 The foregoing resolution is hereby approved this day of , 2009.
20
21
22 PATRICK J. MORRIS. Mayor
City of San Bernardino
24 Approved as to form:
25 , ��
26 J.. ! S F. PENMAN, City Attorney
27
28
05/04/09 3
� �'r7
1 RESOLUTION NO. ` �� 0 '° J
2 RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE
3 2009/2010 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1019,
LANDSCAPING MAINTENANCE DISTRICT, NORTHPARK BOULEVARD AND
4 MOUNTAIN DRIVE AREA.
5 WHEREAS, by Resolution No. 96-345, the Mayor and Common Council found that
6 the public interest, convenience, and necessity required the formation of a landscaping
7 maintenance district; and
8
WHEREAS, by said Resolution No. 96-345. the Mayor and Common Council formed
9
an assessment district known as Assessment District No. 1019 for the purpose of providing
10
11 landscaping maintenance in the Northpark Boulevard and Mountain Drive area, pursuant to the
12 provisions of Chapter 12.90 of the San Bernardino Municipal Code; and
13 WHEREAS, by Resolution No. 96-283, the Mayor and Common Council declared that
14 all the land included within the boundaries of said district receive a special benefit by the
15 maintenance of said landscaping; and
16
WHEREAS, said Resolution No. 96-283 declared that an annual assessment shall be
17
levied on all land within the district to provide funding for said landscaping maintenance and the
18
19 administration thereof; and
20 WHEREAS, an Assessment Roll has been prepared totaling $18,647.44, which sets
21 forth the individual assessments to be levied on each of the parcels of land within Assessment
22 District No. 1019 for the fiscal year 2009/2010; and
WHEREAS, Article XIII D of the California Constitution requires that any and all
24
Assessment Districts existing on the effective date of said Article XIII D shall comply with the
25
26 procedural and approval process as set forth in Section 4 of said Article XIII D, except as set
27 forth in Section 5 therein.
28 8 -
05/04/09 1
•
RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2009/2010 ASSESSMENT
1 ROLL FOR ASSESSMENT DISTRICT NO. 1019,LANDSCAPING MAINTENANCE DISTRICT,
NORTHPARK BOULEVARD AND MOUNTAIN DRIVE AREA.
2
3
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
5
SECTION 1. That the Mayor and Common Council do hereby find and determine that
6
the assessments as set forth on said Assessment Roll No. 1019 are hereby exempt from the
7
8 procedural and approval requirements of Article XIII D of the California Constitution, as
9 provided for under Section 5(b) of said Article XIII D.
10 SECTION 2. That the Mayor and Common Council do hereby find and determine that
11 the proportionate costs to be levied against the parcels of land within Assessment District No.
12 1019 are correctly set forth on Assessment Roll No. 1019, for the fiscal year 2009/2010, on file
13
in the office of the City Clerk of the City of San Bernardino, and do hereby confirm said
14
15 assessments.
16 SECTION 3. That the City Clerk is directed to cause a copy of this Resolution to be
17 transmitted to the Office of the Auditor-Controller for the County of San Bernardino with the
18 request that the individual assessments be placed on the subject 2009/2010 property tax bills for
19 collection together with all other property taxes.
20
///
21
///
22
23
24
25
26
27
28
06/04/09 2
RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2009/2010 ASSESSMENT
1 ROLL FOR ASSESSMENT DISTRICT NO. 1019,LANDSCAPING MAINTENANCE DISTRICT,
NORTHPARK BOULEVARD AND MOUNTAIN DRIVE AREA.
2
3
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof
6 held on the day of • , 2009, by the following vote, to wit:
7
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 ESTRADA
10 BAXTER
11 BRINKER
12 SHORETT
13
KELLEY
14
15 JOHNSON
16 MCCAMMACK
•
17
18 City Clerk
19
20 The foregoing resolution is hereby approved this day of , 2009.
21
22
PATRICK J. MORRIS, Mayor
City of San Bernardino
24
App owed as tto/forny
25
26 J ES F. PENMAN, City Attorney
27
28
05/04/09 3.
1 RESOLUTION NO. �`�
2 RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE
3 2009/2010 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 1023,
LANDSCAPING MAINTENANCE DISTRICT, ELM AVENUE AND COULSTON
4 STREET AREA.
5 WHEREAS, by Resolution No. 97-301, the Mayor and Common Council found that
6 the public interest, convenience, and necessity required the formation of a landscaping
7 maintenance district; and
8
WHEREAS, by said Resolution No. 97-301. the Mayor and Common Council formed
9
an assessment district known as Assessment District No. 1023 for the purpose of providing
10
11 landscaping maintenance in the Elm Avenue and Coulston Street area. pursuant to the provisions
12 of Chapter 12.90 of the San Bernardino Municipal Code; and
13 WHEREAS, by Resolution No. 97-252, the Mayor and Common Council declared that
14 all the land included within the boundaries of said district receive a special benefit by the
15 maintenance of said landscaping, except for those portions, if any, set forth as a General Benefit
16
in the Engineer's Report approved by said Resolution No. 97-301, on file in the Office of the
17
18 City Clerk and the City Engineer of said City; and
19 WHEREAS, said Resolution No. 97-252 declared that an annual assessment shall be
20 levied on all land within the district to provide funding for said landscaping maintenance and the
21 administration thereof; and
22 WHEREAS, an Assessment Roll has been prepared totaling S6,839.28, which sets
23
forth the individual assessments to be levied on each of the parcels of land within Assessment
24
District No. 1023 for the fiscal year 2009/2010; and
25
26 WHEREAS, the Assessment District was created pursuant to the provisions of Article
27 XIII D of the California Constitution, which provides for the levying of annual assessments
28 without the necessity of following the assessment ballot procedures as long as said assessments
S - 3 0�
05/04/09 1 a DD
RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2009/2010 ASSESSMENT
1 ROLL FOR ASSESSMENT DISTRICT NO. 1023,LANDSCAPING MAINTENANCE DISTRICT,ELM
AVENUE AND COULSTON STREET AREA.
2
3 do not exceed any prior approved assessment or the methodology of applying assessments is not
4 changed or rates are not increased.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. That the Mayor and Common Council do hereby find and determine that
8 the assessments as set forth on said Assessment Roll No. 1023 comply with the procedural
9 requirements of Article XIII D of the California Constitution without the necessity of following
10
the assessment ballot procedures as set forth therein.
11
12 SECTION 2. That the Mayor and Common Council do hereby find and determine that
13 the proportionate costs to be levied against the parcels of land within Assessment District No.
14 1023 are correctly set forth on Assessment Roll No. 1023, for the fiscal year 2009/2010, on file
15 in the office of the City Clerk of the City of San Bernardino, and do hereby confirm said
16 assessments.
17
SECTION 3. That the City Clerk is directed to cause a copy of this Resolution to be
18
transmitted to the Office of the Auditor-Controller for the County of San Bernardino with the
19
20 request that the individual assessments be placed on the subject 2009/2010 property tax bills for
21 collection together with all other property taxes.
22 /1/
23 ///
24
25
26
27
28
•
06/04/09 2
RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 2009/2010 ASSESSMENT
1 ROLL FOR ASSESSMENT DISTRICT NO. 1023,LANDSCAPING MAINTENANCE DISTRICT,ELM
AVENUE AND COULSTON STREET AREA.
2
3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a meeting thereof
5 held on the day of • 2009, by the following vote, to wit:
6
7 Council Members: AYES NAYS ABSTAIN ABSENT
8 ESTRADA
9 BAXTER
10
BRINKER
11
SHORETT
12
13 KELLEY
14 JOHNSON
15 MCCAMMACK
16
17
City Clerk
18
19 The foregoing resolution is hereby approved this day of , 2009.
20
21
22 PATRICK J. MORRIS. Mayor
City of San Bernardino
23
24 Appr ved as to form:
25
JS F. PENMAN, City Attorney
26
27
28
05/04/09 3
•