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HomeMy WebLinkAboutReso 2019-078 - LMD 02-19RESOLUTION NO. 2019-078 LANDSCAPE MAINTENANCE DISTRICT 02-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING: (1) DECLARING ITS INTENTION TO FORM LANDSCAPE MAINTENANCE DISTRICT 02-19 AND LEVY AND COLLECT ASSESSMENTS; (2) CONFIRMING THE MAP OF THE ASSESSMENT DISTRICT AND APPROVING THE ENGINEER'S REPORT; (3) APPROVING THE MAILING OF NOTICES AND BALLOTS; (4) SETTING A PUBLIC HEARING DATE OF OCTOBER 15, 2019, AND ELECTION REGARDING LANDSCAPE MAINTENANCE DISTRICT 02-19 WHEREAS: A. The Engineer has filed his 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 assessment district 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 district. B. The purpose of the proposed district is to provide maintenance associated with the landscape improvements and vegetation management areas as conditioned by the Center Court Village Subdivision formerly known as the Sun Oaks Subdivision (S-2014-01170) Conditions of Approval. Condition 21 requires that the property owners consent to the formation of and participation in a landscape maintenance district. C. The City Council proposed to levy the proposed special assessment based on a uniform special benefit and assessment methodology over all developable lots within the proposed district. D. 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 of like character and nature as 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 anamount not to exceed that provided by the "20 Cities Construction Costs Index" from the most recent March p Engineering News Record and shall become effective July 1, 2021, and every July 1 thereafter. oc E. This Resolution satisfies those requirements set forth in the Streets and Highways Code Section 22587 and the notice requirements set forth in Government Code 53753(b). 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 and are adopted herein. 2. The City Council hereby declares its intention to order the formation of Landscape Maintenance District 02-19 and levy and collect assessments. 3. 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 assessment district contained in the Engineer's Report. 4. The City Council finds that the Engineer's Report has fairly and properly apportioned the costs of the improvements to each benefit unit in the district in proportion to the estimated benefits to be received by each benefit unit from the improvements. 5. Notices and ballots will be mailed upon acceptance of this Resolution, and public hearing and election will be held on Tuesday, October 15, 2019, at the hour of 6 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers located at 777 Cypress Avenue, Redding, California to address the proposed assessment for Fiscal Year 2020-21. The proposed annual assessment for the entire district is $12,079.00 and the annual assessment per Benefit Unit (each parcel) is $227.90. The reason for the assessment and the underlying basis for computing the amount of the assessment is set forth in the Engineer's Report which can be obtained from the City Clerk at the above address. The assessment is subject to annual inflationary increases in accordance with cost of living index known as the "20 Cities Construction Cost Index." The annual assessments shall have an indefinite term and will continue until such time as the district is disestablished, if ever. 6. Pursuant to Government Code section 53753, protests against the formation of the maintenance district may be filed with the City Clerk or presented no later than the conclusion of the public hearing set by this Resolution. A ballot must be filled out and returned the same no later than the close of the public hearing referenced above. The assessment will not be imposed if the ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment, with ballots weighted according to the proportional financial obligation of the affected property. 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 201h day of August, 2019, by the following vote: AYES: COUNCIL MEMBERS: Dacquisto, McElvain, Resner, Schreder, and Winter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ATTEST: APPROVED AS TO FORM: , AnAS, PAMELA MIZE ity Clerk BARRY E. De ALT, City Attorney NOTE: For the precise nature and location of improvements maintained by the District, refer to documents and mapping on file with the City's Engineering Division. ASSESSOR PARCEL- 110-160-002 IMPROVEMENTS: 0-0-0-0- - '-0 -o--0- TREES - PLANTS - SHRUBS - MULCH - IRRIGATION SYSTEM - DETENTION BASIN TOTAL LANDSCAPED AREA - 3500 SF a S DISTRICT BOUNDARY NOTE: For a detailed description of the lines and dimensions of lots or parcels shown on this map, refer to the County assessor's maps which shall govern with respect to all details concerning the lines and dimensions of such lots or parcels. LANDSCAPE - IMPROVEMENTS - PALM BPM LANDSCAPE - IMPROVEMENTS ENGINEERING DIVISION 0 300 600 DWG. N0: LMD 02-19 1 AUGUST, 2019 ka I A DISTRICT BOUNDARY LOCATION MAP LANDSCAPE MAINTENACE DISTRICT LMD 02-19 BENEFIT UNITS CENTER COURT VILLAGE S-2014-01170 53