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HomeMy WebLinkAbout8297RESOLUTION NO 8297 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS CONFIRMING A DIAGRAM AND ASSESSMENT FOR THE 2022-2023 FISCAL YEAR IN CONNECTION WITH LANDSCAPE MAINTENANCE DISTRICT NO 1 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS Section 1 On June 7, 2022, the City Council of the City of Redlands initiated proceedings and declared its intention to levy an assessment against the assessable lots and parcels of property within an existing assessment district designated "Landscape Maintenance District No 1" (the District) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the "Act") for the fiscal year commencing July 1, 2022, and ending June 30, 2023, and ordered the Engineering Manager, Goutam Dobey, to prepare and file a written report in accordance with Article 4 of Chapter 1 of the Act. The City Council, by prior resolution, approved such Engineer's Report. Section 2. Following notice duly given in accordance with law, this City Council has held a full and fair public hearing regarding the Engineer's Report and the levy and collection of the proposed assessment within the District for fiscal year 2022-2023 to pay for the costs and expenses of the improvements described in the Engineer's Report pursuant to the terms and provisions of the Act. All interested persons were afforded the opportunity to hear, and be heard regarding, protests and objections to the levy and collection of the proposed assessment against lots or parcels of property within the District. The City Council considered all oral and written statements, protests and communications made or filed by interested persons Section 3. Based upon its review of the Engineer's Report and other reports and information, the City Council hereby finds and determines that (i) the land within the District will be benefited by the improvements described in the Engineer's Report (ii) the District includes all of the lands so benefited, and (iii) the net amount to be assessed upon the lands with the District for the 2022-2023 fiscal year in accordance with the Engineer's Report is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. Any and all oral and written protests and objections are hereby overruled by the City Council. Section 4. The City Council declares that the diagram and assessment in the Engineer's Report are hereby confirmed as filed. Section 5 The City Council hereby orders the improvements described in the Engineer's Report to be made 1 L.\ca\Reso\8297 LMD Confirming Diagram 2022.docx Section 6 The assessment is in compliance with the provisions of the Act and the City Council has complied with all law pertaining to the levy of an annual assessment pursuant to the Act. Section 7 The assessments to be levied and collected against the assessable lots and parcels of property within the District for fiscal year 2022-2023 are not proposed to increase from the assessment levied and collected for fiscal year 1997-1998 Section 8 The assessment is levied without regard to property valuation. Section 9 Public property owned by any public agency and in use in the performance of a public function which is included within the boundaries of the District shall not be subject to assessment to be made under these proceedings to pay for any of the costs and expenses of the improvements. Section 10 The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the Engineer's Report for fiscal year 2022-2023 Section 11 The improvements described in the Engineer's Report shall be performed pursuant to law Section 12. The County Auditor of San Bernardino County shall enter on the County Assessment Roll opposite each lot or parcel of land the amount of the assessment and such assessments shall then be collected at the same time and in the same manner as the County taxes collected. After collection by the County, the net amount of the assessments shall be paid to the City Treasurer Section 13 The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for Landscape Maintenance District No 1 Section 14 The adoption of this Resolution constitutes the levy of an assessment against the lots and parcels of land in the District for the fiscal year commencing July 1, 2022, and ending June 30, 2023 Section 15 The City Clerk is hereby authorized and directed to file the diagram and assessment, or a certified copy of the diagram and assessment, with the County Auditor, together with a certified copy of this Resolution upon its adoption. Section 16 A certified copy of the assessment and diagram shall be filed in the City's Municipal Utilities and Engineering Department, with a duplicate copy on file in the office of the City Clerk and open for public inspection. 2 L.\ca\Reso\8297 LMD Confirming Diagram 2022.docx ADOPTED, SIGNED AND APPROVED this 21sday-ef4ne, 2022 ATTEST e Donaldson, City Clerk 3 L \ca\Reso\8297 LMD Confirming Diagram 2022.docx Paul T Barich, Mayor I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 21 st day of June, 2022 AYES Councilmembers Tejeda, Davis, Guzman -Lowery, Gallagher, Mayor Banch NOES None ABSENT None ABSTAINED. None Donaldson, City Clerk