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Home My WebLink AboutReso 2018-109 - LMD S RECORDING REQUESTED BY: City of Redding WHEN RECORDED RETURN TO: City Clerk City of Redding 777 Cypress Avenue Redding CA 96001 RESOLUTION NO. 2018-109 LANDSCAPE MAINTENANCE DISTRICT S A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING: (1) CONFIRMING THE MAP OF THE PROPERTY TO BE ANNEXED INTO LANDSCAPE MAINTENANCE DISTRICT S AND APPROVING THE ENGINEER'S REPORT (2) ORDERING THE ANNEXATION OF TERRITORY INTO A LANDSCAPE MAINTENANCE DISTRICT KNOWN AS LANDSCAPE MAINTENANCE DISTRICT S (3) APPROVING THE ANNUAL ASSESSMENTS FOR FISCAL YEAR 2018-19 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, COMMENCING WITH SECTION 22500 OF THE STREETS AND HIGHWAYS CODE FOR FISCAL YEAR 2018-19 WHEREAS: A. The approval of the Terrace Subdivision Final Map is a concurrent City of Redding City Council agenda item; and x' B. Condition 16 of the Terrace Subdivision (S-2016-00603) Conditions of Approval requires 0 that the applicant consent to participate in the formation of a landscape maintenance c district; and C. The property proposed for annexation into Landscape Maintenance District S, is described -� as: Parcel 3 as shown on Parcel PM-14-03, filed November 18, 2004 in Book 35 of Parcel Maps Page 79, Shasta County Records (APN 077-290-044); and D. The applicant, Shasta View Lake, Inc., signed and delivered to the City a petition for the annexation of above-described territory into Landscape Maintenance District S; and • E. City Council Policy No. 1705 provides that under no circumstance shall the City accept public improvements constructed by the subdivider or project applicant until formation of the required maintenance district is completed and the assessments levied; and F. Streets and Highways Code Section 22608 provides that, in annexation proceedings, the resolutions, report, notices of hearing, and right of majority protest shall be limited to the territory proposed to be annexed, and shall be waived with the written consent of all the owners of the property within the territory to be annexed and that mailed notice may be dispensed with as to all property owners who shall have filed a written request for annexation of their property; and G. The applicant owns all the above-described property which is proposed for annexation into Landscape Maintenance District S and has waived all right to the resolutions, report, notices of hearing and right of majority protest set forth in the Landscaping and Lighting Act of 1972 (Streets & Highways Code section 2250 et seq.); and H. Redding Municipal Code Sections 17.32.020, 17.32.110, 17.32.120, 17.38.020, 17.38.100, and 18.47.040 collectively serve to require the installation of improvements by the subdivider, and the territory to be formed into a landscape maintenance district falls within the scope and application of said ordinances; and I. The City Engineer has filed the Engineer's Report with the City Clerk pursuant to Streets and Highways Code Section 22565, et seq., setting forth a full and detailed description of the improvements, the boundaries of the proposed annexation area and any zones therein, any bonds or notes to be issued, and the proposed assessments upon assessable lots and parcels of land within the proposed assessment district; NOW,THEREFORE,IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows: 1. That the foregoing recitals are true and correct. 2. Pursuant to Streets and Highways Code Section 22586, the City Council hereby approves the Engineer's Report, as filed with the City Clerk, and thereby confirms and adopts the map of the above-described property to be annexed into Landscape Maintenance District S set forth therein. 3. The City Council finds that the Engineer's Report has fairly and properly apportioned the costs of the improvements to each residential unit in the district in proportion to the estimated benefits to be received by each benefit unit from the improvements. 4. The above-described property, and as further set forth in the Engineer's Report, is hereby annexed into Landscape Maintenance District S pursuant to the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500, et seq.). 5. Only costs for landscaping; mulching; vandalism abatement; vegetation management; repairs to the irrigation system; electric and water charges; replacement of vegetation as necessary; removal of trimmings, rubbish, and debris; and other improvements to remove or cover graffiti; administrative costs; and such other maintenance and incidental expenses as are authorized by Streets and Highways Code Sections 22526 and 22531 will be assessed. Pursuant to Government Code Section 53739, the amount of each fiscal year's assessment shall be adjusted for inflation in an amount not to exceed the Construction Cost Index that is calculated annually by the Engineering News-Record. 6. An assessment of$720.65 per benefit unit located within the property hereby annexed into Landscape Maintenance District S for Fiscal Year 2018-19 is adopted and confirmed. 7. The City Clerk shall forthwith transfer to the Auditor-Controller and the Assessor-Recorder of Shasta County a certified copy of this resolution and a certified copy of the assessment district map, inclusive of the above-described property hereby annexed into Landscape Maintenance District S, contained in the Engineers Report for Landscape Maintenance District S. I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Redding on the 16th day of October, 2018, by the following vote: AYES: COUNCIL MEMBERS: McElvain,Weaver,Winter, Sullivan, & Schreder NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None 4/4 A -6'td•z— KRISTEN SC ' ' I ER, Mayor ATTEST: FORM APPROVED: ir) PAM LAE MIZE, C' Clerk BARRY E. De AL , Cit Attorney Ass AN PART A ATTACHMENT c'sa` 1c°, A e? soOil- ,� NOTE: For a detailed description of the �.� '�'o'�, /I8 c� lines and dimensions of lots or parcels N. • - p, E shown on this map, refer to the County CANDLEWOOD DR. 1 �Ab 44. assessor's maps which shall govern with 111`' respect to all details concerning the lines t •I and dimensions of such lots or parcels. NOTE: For the precise nature and location of improvements To maintained by the District, refer to documents and mapping on file with the City's Engineering Division. H _____, I 1 , BOOK 077-610 O 0 0 0 0 0 0 001 THRU 007, 010 THRU 042, 047 & 048 8 VOLTAIRE WAY DISTRICT BOUNDARY 0 !s O m O O O F! .- !E • 0 0 0 0 41 0 l —MEDIAN A. Nis 0 O i''u V ,! O O-iNa g 0 7° G 0 y11 0 0 O 0 E O 0 BOOK 0' -440 0 O GORE COURT i THE TE-RACE :DIVISION Al 1 IMPROVEMENTS:-eoe-o- ANNE ATIO - - TREES - PLANTS I \ - SHRUBSI. I VIKING WAY - MULCH - IRRIGATION SYSTEM 1 F,I) - DECORATIVE ROCK BRUSH MAN�GMENT - SOUND WALL , 1 I _ (1 I ENGINEERING DIVISION BOUNDARY MAP 4'4 —n—MEIN LANDSCAPE MAINTENANCE DISTRICT S NO. OF LOTS 0 200 400 FLEUR DE LAC, UNIT 1 FDL (43) DWG. NO: THE TERRACE SUBDIVISION TERRACE (9) LMD-S 9-10-18 City of Redding Landscape Maintenance District -District 03-14 Page 5