ADVANCE \y 81.5 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERSIDE, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR THE RIVERWALK LANDSCAPE MAINTENANCE DISTRICT AND LEVYING ASSESSMENTS ON ALL ASSESSABLE LOTS AND PARCELS OF LAND THEREIN FOR FISCAL YEAR 2023-2024.
WHEREAS, on May 23, 2023, the City Council (the “City Council”) of the City of Riverside (the “City”) adopted Resolution No. 23989, a resolution of intention pursuant to section 22624 of the Streets and Highways Code, which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within the Riverwalk Landscape Maintenance District (“District”) for fiscal year 2023-2024 pursuant to the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 (the “Act”) of the Streets and Highways Code (the “Code”) for June 27, 2023, at 3:00 p.m., in the City Council Chambers of the City of Riverside; and WHEREAS, notice of said hearing was duly published as required by sections 22552 and 22553 of said Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Riverside, as follows:
Section 1. Findings. The City Council finds that: (i) the preceding recitals are correct; (ii) all of the applicable requirements of the Act have been met; (iii) a majority protest to the levy and collection of the proposed assessment has not been filed; (iv) the City Council may therefore proceed to confirm the diagram and assessment for the District for fiscal year 2023-2024, and order the levy and collection of the assessment; (v) the assessments proposed to be levied on the lots and parcels of assessable property within the District for the maintenance and servicing of public landscaping and appurtenant facilities, parks, and park and recreation improvements during fiscal year 2023-2024, as contained in the report of Webb Municipal Finance, LLC, on file with the City Clerk (the “Report”), are based on the proportionate special benefit derived by such lots and parcels from the availability of such public landscaping and appurtenant facilities, parks, and park and recreation improvements; (vi) the proportionate special benefit derived by each such lot or parcel has been determined in relationship to the entirety of the cost of the maintenance and servicing of such public landscaping and appurtenant facilities, parks, and park and recreation improvements, except as to the special benefits derived solely by parcels located within Zone A, which are allocated proportionately among those parcels within Zone A; (vii) such assessments do not exceed the reasonable cost of the proportional special benefit conferred on each such lot and parcel; and (viii) the amounts of such assessments will not exceed the maximum amount authorized by a vote of the property owners in the District in an election for that purpose.
Section 2. Confirmation of Report. The Report and the assessment diagram and assessment of the estimated cost of the maintenance and servicing of the landscape improvements for fiscal year 2023-2024 contained in the Report are confirmed.
Section 3. Levy of Assessment. The diagram and assessment, as contained in the Report, are confirmed. Pursuant to section 22631 of the Code, the adoption of this resolution constitutes the levy of the assessment for the maintenance and servicing of public landscaping and appurtenant facilities, parks, and park and recreation improvements within the District during fiscal year 2023-2024, as contained in the Report, and such assessment is hereby levied. The Chief Financial Officer is directed to file or cause to be filed a certified copy of this resolution together with the diagram and assessment contained in the Report with the County Auditor of the County of Riverside, who, pursuant to section 22645 of said Code, shall enter on the County Assessment Roll against each lot or parcel of land the amount assessed thereupon, as shown in said assessment. ///
ADOPTED by the City Council this _____day of _______________, 2023. _________________________________________
PATRICIA LOCK DAWSON
Mayor of the City of Riverside
Attest:
____________________________
Donesia Gause
City Clerk of the City of Riverside
I, Donesia Gause, City Clerk of the City of Riverside, California, hereby certify that the foregoing resolution was duly and regularly adopted at a meeting of the City Council of said City at its meeting held on the ______ day of _______________, 2023, by the following vote, to wit:
Ayes:
Noes:
Absent:
Abstain:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Riverside, California, this ____ day of ________________, 2023. ___________________________
Donesia Gause
City Clerk of the City of Riverside
23-0556 SDW 5/02/23
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CITY ATTORNEY’S OFFICE
3900 MAIN STREET
RIVERSIDE, CA 92522
(951) 826-5567