1 RESOLUTION NO. 23989
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERSIDE,
CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT 3 ASSESSMENTS FOR FISCAL YEAR 2023-2024 WITHIN THE RIVERWALK
LANDSCAPE MAINTENANCE DISTRICT, PURSUANT TO THE
4 LANDSCAPING AND LIGHTING ACT OF 1972, APPROVING REPORT, 5 AND GIVING NOTICE OF THE TIME AND PLACE OF A PUBLIC HEARING ON THE PROPOSED ASSESSMENTS.
6 WHEREAS, the City Council ("City Council") of the City of Riverside ("City") has 7 established the Riverwalk Landscape Maintenance District ("District") pursuant to the Landscaping 8 and Lighting Act of 1972, Part 2 (commencing with section 22500) of Division 15 of the Streets and 9 Highways Code; and
10 WHEREAS, on February 7, 2023, the City Council adopted Resolution No. 23951, which 11 initiated proceedings to levy and collect assessments for fiscal year 2023-2024 within the District and 12 ordered the preparation of an engineer's report regarding assessments to be levied and collected within 13 the District for fiscal year 2023-2024 to pay the costs of the maintenance and servicing of public 14 landscaping and appurtenant facilities, parks, and park and recreation improvements; and 15 WHEREAS, in accordance with Resolution No. 23951, Webb Municipal Finance, LLC, has 16 prepared and filed the engineer's report ("Report") with the City Clerk and the report has been 17 presented to and considered by the City Council; and 18 WHEREAS, it is necessary that the City Council adopt a resolution of intention pursuant to 19 section 22624 of the Streets and Highways Code, among other things, fixing and giving notice of the 20 time and place of a public hearing on said report and the proposed assessments for said fiscal year. 21 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Riverside, 22 California, as follows:
23 Section 1. Findings. The City Council finds that:
24 (a) The foregoing recitals are true and correct;
25 (b) The Report contains all matters required by sections 22565 through 22574 of 26 the Streets and Highways Code and may, therefore, be approved by the City Council; 27 (c) The assessments which are proposed to be levied on all lots and parcels of 28 assessable land within the District for fiscal year 2023-2024 are based on the benefit conferred upon
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1 each such parcel from the maintenance and servicing of public landscaping and appurtenant facilities, 2 parks, and park and recreation improvements;
3 (d) The proportionate special benefit derived by each such parcel has been 4 determined in relationship to the entirety of the capital cost of the maintenance and servicing of the 5 public landscaping and appurtenant facilities, parks, and park and recreation improvements, except as 6 to the special benefits derived solely by parcels located within Zone A, which are allocated 7 proportionally among those parcels within Zone A;
8 (e) The amount of the assessment which is proposed to be assessed on each such 9 parcel is based upon and will not exceed the reasonable cost of the proportional special benefit 10 conferred on the parcel; and
1l (f) The amounts of the assessments which are proposed to be levied on lots and 12 parcels of assessable land within the District for fiscal year 2023-2024 will not exceed the maximum 13 amount authorized by a vote of the property owners in the District in an election for that purpose. 14 Section 2. Intention. The City Council declares that it intends to levy assessments on all lots 15 and parcels of assessable land within the District for fiscal year 2023-2024, as set forth in the Report. 16 Those assessments will be collected at the same time and in the same manner as county taxes are 17 collected, and all laws providing for the collection and enforcement of county taxes shall apply to the 18 collection and enforcement of the assessments.
19 Section 3. Improvements. The improvements authorized for the District are:
20 (a) The installation or planting of landscaping (as defined in the Act; 21 (b) The installation or construction of statuary, fountains, and other ornamental 22 structures and facilities;
23 (c) The installation or construction of any facilities which are appurtenant to any 24 of the foregoing or which are necessary or convenient for the maintenance or servicing thereof 25 including, but not limited to, grading, clearing, removal of debris, the installation or construction of 26 curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities; 27 (d) The installation of park or recreational improvements including, but not limited 28 to, all of the following:
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1 (i) land preparation, such as grading, leveling, cutting and filling, sod, 2 landscaping, irrigation systems, sidewalks, and drainage; 3 (ii) lights, playground equipment, play courts, and public restrooms; 4 (e) The maintenance or servicing (as both such terms are defined in the Act), or 5 both, of any of the foregoing; and
6 (1) The acquisition of land for park, recreational, or open space purposes. 7 Section 4. Assessment District. The distinctive designation of the District is "Riverwalk 8 Landscape Maintenance District." The boundaries of the District are described and shown in the 9 Report.
10 Section 5. Report and Assessments. The Report, which is on file with the City Clerk, and 11 which has been presented to the City Council at the meeting in which this resolution is adopted, is 12 approved. Reference is made to the Report for a full and detailed description of the improvements, the 13 boundaries of the District, and any zones therein, and the proposed assessments upon assessable lots 14 and parcels of land therein for fiscal year 2023-2024. 15 Section 6. Hearing. The time and place of the public hearing required by sections 22624 16 through 22629 of the Streets and Highways Code is set for 3:00 p.m. on June 27, 2023, in the Art Pick 17 Council Chamber of the City of Riverside at 3900 Main Street in the City of Riverside. The agenda 18 for the meeting will be published on June 15, 2023 and will be available at 19 www.RiversideCa.gov/meeting or may be requested from the City Clerk's Office at 20 [email protected].
21 Section 7. Notice of Hearing, NOTICE IS HEREBY GIVEN that at 3:00 p.m. on June 27, 22 2023, the City Council will hold a public hearing with regard to the assessments to be levied on 23 assessable lots and parcels of property in the District for fiscal year 2023-2024, as set forth in the 24 Report on file with the City Clerk.
25 Any interested person may file a written protest with the City Clerk prior to the conclusion of 26 the hearing, which protest must state all grounds of objection and describe the property within the 27 District owned by any such person. Mail written statements to City Clerk, City Hall, 3900 Main Street, 28 Riverside, CA 92522, or email [email protected]. Comments via the eComment feature
CITY ATTORNEY'S OFFICE
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(951) 826-5567
1 can be submitted until 11 am. on Tuesday June 27, 2023, at www.RiversideCa.gov/meeting. 2 Interested persons will be afforded the opportunity to speak and be heard at 3:00 p.m. on June 27, 3 2023, by appearing in-person at the public hearing at the Art Pick Council Chamber at 3900 Main 4 Street, Riverside, California or calling (669) 900-6833 and entering Meeting ID: 926 9699 1265. 5 Section 8. Publication. The City Clerk shall cause a copy of this Resolution to be published 6 once, at least ten (10) days prior to the date of the hearing, in The Press-Enterprise as required by 7 section 6061 of the Government Code and sections 22552 and 22553 of the Streets and Highway Code. 8 Section 9: Assessment Amount. The annual assessment is not proposed to increase from the 9 previous year.
10 Section 10: Designated Person. The City Council designates the Chief Financial Officer, 11 telephone number (951) 826-5454, as the person to answer inquiries regarding the levying and 12 collection of assessments in the District for fiscal year 2023-2024. 13 ADOPTED by the City Council this 23rd day of May, 2023. 14 Patricia Solalauso
15 PATRICIA LOCK DAWSON
16 Mayor of the City of Riverside
17 Attest:
18 Dall
19 DONESIA GAUSE
20 City Clerk of the City of Riverside
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1 I, Donesia Gause, City Clerk of the City of Riverside, California, certify that the foregoing 2 resolution was duly and regularly adopted by the City Council of the City of Riverside, at a regular 3 meeting held on the 23rd day of May, 2023, by the following vote of the City Council:
4 Ayes: Edwards, Cervantes, Fierro, Councilwoman Plascencia, Perry and Hemenway 5 Noes:
6 Absent: Conder
7 Disqualified:
8 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the 9 City of Riverside, California, this 24th day of May, 2023. / 10 11 DONESIA GAUSE
12 City Clerk of the City of Riverside
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CITY ATTORNEY'S OFFICE
3750 UNIVERSITY AVENUE
RIVERSIDE, CA 92501
(951) 826-5567