HomeMy WebLinkAboutReso 2020-123 - LMD 01-20 Wyndham Pointe Subdivision (S-13-05) RECORDING REQUESTED BY:
City of Redding
WHEN RECORDED RETURN TO:
City Clerk
City of Redding
777 Cypress Avenue
Redding CA 96001
RESOLUTION NO. 2020-123
LANDSCAPE MAINTENANCE DISTRICT 01-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING:
(1) DECLARING ITS INTENTION TO FORM LANDSCAPE
MAINTENANCE DISTRICT 01-20 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 AND ELECTION DATE OF
DECEMBER 1, 2020, REGARDING LANDSCAPE MAINTENANCE
DISTRICT 01-20.
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
Wyndham Pointe Subdivision (S-13-05) Conditions of Approval. Condition 10 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 an amount not to exceed that
provided by the "20 Cities Construction Costs Index" from the most recent March
Engineering News Record and shall become effective July 1, 2022, and every July 1
thereafter.
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 01-20 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, December 1, 2020, 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 2021-22.
The proposed annual assessment for the entire district is $61,410.00 and the annual
assessment per Benefit Unit (each parcel) is $787.30. 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 6th day of October, 2020, by the
following vote:
AYES: COUNCIL MEMBERS: Dacquisto,Resner,Schreder,Winter,and McElwain
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ADAM McELVAIN, Mayor
ATTEST: APPROVED AS TO FORM:
PAMELA MIZE, City Cler ity BARRY E. D A T, CAttorney
NOTE: For a detailed description of the NOTE: For the precise nature and location of improvements
lines and dimensions of lots or parcels maintained by the District, refer to documents and mapping
shown on this map, refer to the County on file with the City's Engineering Division.
assessor's maps which shall govern with
respect to all details concerning the lines BOOK 048-110-46, 47, 48
" and dimensions o)isuch-lots or parcels
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DWG. NO: DATE: FEET WYN D HAM POINTE 78
LMD 01-20 SEPTEMBER, 2020