HomeMy WebLinkAboutReso 2022-095 - LMD 01-22 Confirmation - Luke Estates SubdivisionRECORDING REQUESTED BY:
City of Redding
WHEN RECORDED RETURN TO:
City Clerk
City of Redding
777 Cypress Avenue
Redding CA 96001
Leslie Morgan
Shasta - Assessor/Recorder
12/27/2022 03:02 PM
Titles: 1 Pages: 4
Fees: $23.00
Taxes: $0.00
CA SB2 Fee: $0.00
Total: $23.00
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RESOLUTION NO. 2022-095
LANDSCAPE MAINTENANCE DISTRICT 01-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDDING:
(1) CONFIRMING THE RESULTS OF THE ELECTION OF THE
ASSESSMENT DISTRICT.
(2) CONFIRMING THE ASSESSMENTS CONTAINED IN THE
ENGINEER'S REPORT.
(3) ORDERING THE FORMATION OF TERRITORY INTO A
LANDSCAPE MAINTENANCE DISTRICT TO BE KNOWN AS
LANDSCAPE MAINTENANCE DISTRICT 01-22.
(4) APPROVING THE ANNUAL ASSESSMENTS FOR FISCAL YEAR
2022-23 PURSUANT TO THE LANDSCAPING AND LIGHTING
ACT OF 1972, COMMENCING WITH SECTION 22500 OF THE
STREETS AND HIGHWAYS CODE AND THE LEVY AND
COLLECTION OF THE SAME FOR FISCAL YEAR 2022-23
WHEREAS:
A. On November 24, 2009, the City of Redding Planning commission adopted a Negative
Declaration and approved the Tentative Subdivision Map Application, Luke Estates
Subdivision requiring property owners to consent to the formation of and participation in
a landscape maintenance district.
B. On July 19, 2022, by Resolution 2022-069, the City Council approved the Engineer's
Report as filed relating to Landscape Maintenance District 01-22 (District) and gave
notice of the time and place of the September 6, 2022, public hearing regarding the levy
and collection of assessments for Fiscal Year 2022-23.
C. Map of the area in the district is attached and made a part hereof.
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D. The public hearing, duly and properly noticed, commenced at the City Council
Chambers, 777 Cypress Avenue, Redding, California, on September 6, 2022, and
concluded prior to the adoption of this Resolution. At the public hearing, the City
Council gave every interested person an opportunity to speak to the proposed
assessments.
E. The ballots were counted and no majority protest was made to the formation of
Landscape Maintenance District 01-22.
F. All legal prerequisites to the adoption of this resolution have occurred.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Redding as follows:
The foregoing recitals are true and correct.
2. The City Council has considered all oral statements and written protests or
communications made or filed by interested persons at the public hearing of September 6,
2022, and expressly overrules any and all protests filed objecting to the proposed
assessments to be levied in the District. No majority protest was made to the formation
of Landscape Maintenance District 01-22.
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. Pursuant to Streets and Highways Code Section 22586, the City Council hereby approves
the Assessments contained on the Engineer's Report, as filed with the City Clerk, and
thereby confirms and adopts the assessment of the assessment district contained in the
Engineer's Report.
5. The territory within the map of the assessment district set forth in the Engineer's Report
is hereby formed into an assessment district under the Landscaping and Lighting Act of
1972 (Streets and Highways Code Section 22500, et seq.), to be hereafter known as
Landscape Maintenance District 01-22.
6. 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; playground equipment
replacement; 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 that provided by the "20 Cities Construction Costs
Index" from the most recent March Engineering News Record and shall become effective
July 1, 2023, and every July 1 thereafter.
7. An assessment of $1532.56 per benefit unit located within LMD 01-202 for Fiscal Year
2022-23 is adopted and confirmed.
8. 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 contained in the Engineers Report for Landscape Maintenance
District 01-22.
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 September, 2022, by the
following vote:
AYES: Council Members: Dacquisto, Mezzano, Winter, and Schreder
NOES: Council Members: None
ABSTAIN: Council Members: None
ABSENT: Council Members: Resner
ATTEST:
�/I_P�EAMI TE, City Clerk
KRISTEN SCHkIWER, Mayor
FORM APPROVED:
BARRY E. De A T, City Attorney
OF THE ORIGINAL ON FILE IN THIS OFFICE
ATTEST
DEC 16 2022
PAMELA MIZE
CRY CLERK OF THE CRY COUNCIL
OF THE C REDDING. COU
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