R-043-23 Preliminary Approval of the Engineer's Report

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approved will be submitted to the San Bernardino County Auditor/Controller to be included on the property tax roll for each parcel. B. COMPLIANCE WITH CURRENT LEGISLATION On November 5, 1996, California voters approved Proposition 218. The provisions of Proposition 218 are now contained in the California Constitutional Articles XIIIC and XIIID. Pursuant to Article XIIID Section 5, certain existing assessments (those that existed on or before November 6, 1996) are exempt from the substantive and procedural requirements of Article XIIID Section 4 and property owner balloting for the existing assessments is not required until such time that such assessments are increased. Specifically: • The improvements and the annual assessments for maintaining local improvements within Zones 2, 4, 5, and 8 were part of the original conditions of development and approved by the property owner of record at that time. Therefore, pursuant to Article XIIID Section 5(b), the existing assessments were approved by all the property owners at the time the assessment was created (originally imposed pursuant to a 100% landowner petition) and as such, the existing assessment amounts are exempt from the substantive and procedural requirements of Article XIIID Section 4. • The City's legal counsel also determined that the District's existing assessments for Zones 2, 4, 5, and 8 were for the maintenance of specific street related improvements (median and parkway landscaping and street lighting) and these improvements are part of the overall street improvements. Therefore, pursuant to Article XIIID Section 5(a), the portion of the existing assessment used exclusively for street maintenance are also considered exempt from the substantive and procedural requirements of Article XIIID Section 4. In compliance with the provisions of the Article XIIID, the City conducted a property owner protest ballot proceeding for the annexation of Tract 16912 and the proposed levy of a new assessment range formula for Zone 3. In conjunction with this ballot proceeding, the City Council conducted a noticed public hearing to consider public testimonies, comments and written protests regarding the formation of the District. Upon conclusion of the public hearing, property owner protest ballots received were opened and tabulated to determine whether a majority protest existed (ballots were weighted based on assessment amounts). Since a majority protest did not exist for the proposed assessments and the assessment range formula presented and described herein, the City Council, by