HomeMy WebLinkAboutReso 2004-092 - LMD "E"
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CITY OF REDDING
2004-0036149
. Recorded I REC FEE .00
Official Records I
County Of I
SHASTA I
CRIS ANDREWS I
Recorder I
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02:86PM 24-Jun-2004 I Page 1 of 9
RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
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CITY OF REDDING
CITY CLERKS OFFICE, 3rd Floor
777 CYPRESS AVENUE
REDDING CA 96001
THE AREA ABOVE IS RESERVED FOR RECORDER'S USE
Resolution 2004-92. Landscape Maintenance District "E"
Document Title(s)
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RESOLUTION NO. 2004-92
LANDSCAPE MAINTENANCE DISTRICT "E"
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDDING:
(1) CONFIRMING THE DIAGRAM OF THE ASSESSMENT
DISTRICT CONTAINED IN THE ENGINEER'S
REPORT; AND
(2) ORDERING THE LEVY OF THE ANNUAL
ASSESSMENTS FOR FISCAL YEAR 2004-2005
PURSUANT TO THE LANDSCAPING AND LIGHTING
ACT OF 1972 (COMMENCING WITH SECTION 22500
OF THE STREETS AND HIGHWAYS CODE).
WHEREAS:
A. On May 4, 2004, by Resolution 2004-70, the City Council approved the Report of
the Engineer as filed relating to Landscape Maintenance District "E" (District),
and gave notice of the time and place of the June 1, 2004, public hearing
regarding the levy and collection of the assessment for fiscal year 2004-2005.
B. A diagram of the area encompassed by the District and a summary is attached and
made a part hereof.
C. The public hearing, duly and properly noticed, commenced at the City Council
Chambers, 777 Cypress Avenue, Redding, California, on June 1,2004, and was
concluded prior to the adoption ofthis resolution. At the public hearing, the City
Council gave every interested person an opportunity to object to the proposed
assessments.
D. All legal prerequisites to the adoption of this resolution have occurred.
THEREFORE, THE CITY COUNCIL FINDS, RESOLVES, DETERMINES, AND
ORDERS AS FOLLOWS:
1. The matters set forth above are true and correct.
2. The map of the assessment district contained in the Engineer's Report is
confirmed.
3. The City Council has considered all oral statements and written protests or
communications made or filed by interested persons at the public hearing of June
1, 2004, and expressly overrules any and all protests filed objecting to the
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proposed assessments to be levied in the District.
4. The City council finds that the Engineer's Report has fairly and properly
apportioned the costs of the improvements to each lot/remaining parcel of land in
the district in proportion to the estimated benefits to be received by each
lot/remaining parcel of land from the improvements.
5. An assessment of $6,288 against each lot/remaining parcel located within the
District for fiscal year 2004-2005 is adopted and confirmed, subject to an upward
inflationary adjustment tied to the Construction Code Index from the most recent
January Engineering News Record which shall become effective July 1, 2005 and
every July thereafter, except that an assessment shall not be levied on property
owned by a federal or state governmental agency or another local agency.
6. 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 maps contained in the Engineer's Report
for Landscape Maintenance District "E."
I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at
a regular meeting of the City Council on the 1 st day of June, 2004, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Mathena, Stegall and Pohlmeyer
None
Cibula and Kight
None
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Attest:
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Connie Sb:ohniay'~r, Ci~j
Form Approved:
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Brad L. Fuller, City Attorney
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ENGINEER"S REPORT
City of Redding
LANDSCAPE MAINTENANCE DISTRICT "E"
Fiscal Year 2004-2005
INTRODUCTION
This report has been prepared and is submitted for consideration by the Redding City Council under
the authority of the Landscaping and Lighting Act of 1972 (Act) as set forth in Part 2 of Division 15 of
the California Streets and Highways Code.
The engineer's report is required by the (Act) for the formation, annexation of temtory, and levying of
assessments for district maintenance. The draft report is presented to the City Council for review prior
to the public hearing on the assessment district. Following the public hearing, the City Council may
approve the engineer's report or modify it by way of the City Council's administrative record.
The engineer's report addresses the annual maintenance of landscape within District "E" and consists
of eight parts as follows:
PART A: An assessment map, showing all the p~rcels of real property within this assessment district.
The map is keyed to Part C by assessment number.
PART B: An estimate of the cost of the improvement or maintenance.
PART C: An assessment of the estimated cost of the improvement or maintenance for each benefrted
lot or parcel within the assessment district.
PART D: An estimate for district capital improvements and landscape enhancement.
PART E: An analysis of benefrt to the properties being assessed.
PART F: A statement of the method by which the undersigned has determined the amount proposed
to be assessed against each lot or parcel.
PART G: A list of the parcel numbers of the real property within this assessment district as shown on
the last equalized assessment roll for taxes or as known to the Clerk.
PART H: Improvements.
Respectfully submitted,
Barry Tippin, Engineer of Work
H:\My Documents\LMD\2004\Engineer's Reports & Part G - LMD - Assessed Owners.xls - Engineer's Rpt E
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Part A: LMD Assessment Map
The assessment map of District "E," included herein, is labeled "Landscape Maintenance District E, in
the City of Redding, County of Shasta, State of California."
The district is generally located as shown on the attached maps.
Part B: Estimated Cost of Maintenance
1 . See the attached maps for a description of maintenance and square footage of
maintenance.
2. Number of lots benefiting from district maintenance (See Part G):
1
. 3. Estimated cash balance of the district as of June 30, 2004 (This does not
include the capital improvement set aside in Part D):
$ -. 507
4. Estimated cost of unscheduled expenses for Fiscal Year 2004-2005, including
repairs. replacement and vandalism:
a. General maintenance/miscellaneous lighting
$
200
b. Mulching
100
c. Vandalism
400
d. Irrigation repair
100
e. Plant replacements
_ 200
Subtotal
$
$
1,000
5. Electric and water costs:
500
6. Estimated City administrative costs:
a. City Clerk (public and legal notices):
60
b. City Attorney (preparation of resolutions and legal services):
400
c. Planning (Engineer's Report):
200
d. Finance (accounting):
310
e. Support Services (district administration):
100
f. City Treasurer (assessment billings):
30
g. Purchasing (contract administration and bidding process):
100
h. Public Works (Engineer):
150
i. Outside Services:
500
Subtotal
$
1,850
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7. Maintenance contract for the fiscal year from July 1, 2004 to June 30, 2005:
$
2,400
8. Required reserves:
a. Contingency (25% of lines 4, 5, & 7 [$1,000 + $500 + $2,400 = $3,900] x
0.25):
$
975
b. Contingency for uncollected assessments as of June 30, 2004 (50% of
delinquent assessment of $0):
Subtotal $ 975
9. Total estimated expenditures for Fiscal Year 2004-2005 (Lines 4 thru 8 [$500 + $ 6,725
$1,000 + $1,850 + $2,400 +$975]):
10. County collection fee (1% of total assessments - $6,288): $ 63
11. Recommended total assessment cost for district maintenance (Line 9 [$6,725]+ $ 6,788
Line 10 [$63]):
12. Contingency for an annual, automatic, cost escalation, which shall be tied to the $
Construction Cost Index from the most recent January Engineering News
Record and shall become effective July 1, 2005 and every July thereafter.
Part C: Assessment District Revenue ($6,288 x Part B Line 2 [1]): $ 6,288
Estimated cash balance of the district as of June 30, 2005 (Assessment District $ 7
Revenue [$6,288 x 1 = $6,2,88] + Part B Line 3 [$507] - Part B Line 11 [$6,788]):
Part D: Capital Improvements and Landscape Enhancement:
For Fiscal Year 2004-2005, $400 will be budgeted for the purposes of providing
a funding source for significant landscape repairs due to vandalism, acts of
nature, and repairs due to aging and degenerating landscape facilities over and
above the unscheduled expenses in Part B, Item 4. The funding source is
intended to maintain landscape integrity into the future and to be used for rate
stabilization.
Part E: Analysis of Benefits of Properties Being Assessed:
Without the landscaping, the unpaved strip of land between the curb and
sidewalk and the property line would become overgrown with weeds. This public
right-of-way usually contains a sidewalk and an unpaved area for underground
utilities.
A landscape corridor adjacent to a subdivision adds to the pleasant appearance
of the neighborhood. The landscaping cuts down on glare from street traffic and
has some noise-buffering benefits. It can also reduce the potential for crime
because it is a visual statement that local resid.ents take pride and are
concerned about their neighborhood, which implies residents are watchful.
Engineer's Reports Part G - LMD - Assessed Owners.xls - Engineer's Rpt E'
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Landscape reduces the chance for blight, because it establishes an example of
landscape maintenance for the residents of the neighborhood to measure their
own yard maintenance efforts. It also adds to the marketability of each lot within
a subdivision, which is one of the reasons assessed owners purchased their lots
in the beginning. These, then, are the benefits conferred upon each assessed
lot of a district. The benefits, in effect, protect the neighborhood's welfare.
In order to spread the cost of maintenance equally, the City must make some
general, uniform assumption of benefit for lots within a district or zone of benefit.
Otherwise, the cost per lot would be too high, and the district could not exist.
Also, the law does not require lots to be contiguous to the benefit or landscape,
only that the assessment be fairly distributed across all lots in proportion to the
benefit. This report assumes a uniform benefit and assessment over all lots for
the reasons noted above. .. .",
Part F: Method of Apportionment of Assessment:
The annual assessment per lot is calculated by adding all costs associated with
the necessary maintenance to sustain the integrity of the landscape
improvements within District "En and divided equally among the lots to be
assessed.
Cumulated delinquent payments for District "En as of June 30, 2003 amount to
$0, because District "En is being established effective July 1, 2004.
Part G: Assessed Owners (see attachment):
Part H: Improvements:
Plans and specifications for the improvements within the district are on file in
the Department of Development Services. The plans depict the irrigation
system, plant materials, and other landscape appurtenances. The plans and
specifications are hereby incorporated into this report by reference.
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LANDSCAPE IMPROVEMENTS
- TREES
- SHRUBS & GROUND COVER
- MULCH
- IRRIGATION SYSTEM
6000 SF
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PLANNING DIVISION
DEVELOPMENT SERVICES DEPARTMENT
NO, OF LOTS
LOCATION MAP BS (1)
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o 150 300 450
FEET
DWG. NO: DATE
LMD E(l)
3-1-04
LANDSCAPE MAINTENANCE DISTRICT E (AREA 1)
BLUE SHIELD