HomeMy WebLinkAboutReso 2023-015 - Reso of Intent to form LMD 01-23RECORDING REQUESTED BY:
City of Redding
WHEN RECORDED RETURN TO:
City Clerk
City of Redding
777 Cypress Avenue
Redding CA 96001
RESOLUTION NO. 2023-015
LANDSCAPE MAINTENANCE DISTRICT 01-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING:
(1) DECLARING ITS INTENTION TO FORM LANDSCAPE
MAINTENANCE DISTRICT 01-23 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 APRIL
4, 2023, REGARDING LANDSCAPE MAINTENANCE DISTRICT
01-23.
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; and
B. The purpose of the proposed district is to provide maintenance associated with the
landscape improvements and vegetation management areas as conditioned by Parcel Map
PM -2018-01476 Conditions of Approval. Condition 22 requires the formation of a
landscape maintenance district; and
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; and
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D. Only costs for landscaping; drainage, mulching; vandalism abatement; vegetation
management; repairs to the irrigation system; drainage 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, 2024, and every July 1 thereafter; and
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 01-23 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, April 4, 2023, 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 2023-24.
The proposed annual assessment for the entire district is $64,510.00 and the annual
assessment per Benefit Unit (each parcel) is $3071.90. 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 I 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 7th day of February, 2023, by the
following vote:
AYES: COUNCIL MEMBERS: Audette, Mezzano, Munns, Winter, and Dacquisto
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ATTEST:
PAMELA MIZE, City Clerk
MiClkft DACQUI O, Mayor
APPROVED AS TO FORM:
140' /�' �01�4e —
BARRY E. DeWA T, City Attorney