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HomeMy WebLinkAboutReso 2006-027 - LMD "R" . ~006-0013a10 I) ~y RECORDING REQUESTED BY: I REC FEE I I I I I I ICA 011:16AN 21-1llar-2006 I Page 1 of 11 Recorded Official Records County of Shasta Cri s Andrews Assessor-Recorder 0.00 CITY OF REDDING WHEN RECORDED RETURN TO: CITY OF REDDING CITY CLERK'S OFFICE, 3RD FLOOR 777 CYPRESS AVENUE REDDING, CA 96001 11111111111111111111111111 1111 1111 THE AREA ABOVE IS RESERVED FOR RECORDER'S USE Resolution No. 2006-27 District "R" - ordering levy of assessment for 2005-06 "Separate Page" pursuant to Government Code ~27361.6 . . ,. RESOLUTION NO. 2006-27 LANDSCAPE MAINTENANCE DISTRICT "R" A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING: (1) CONFIRMING THE MAPS OF THE ASSESSMENT DISTRICT AND APPROVING THE ENGINEER'S REPORT (2) ORDERING THE FORMATION OF TERRITORY INTO A LANDSCAPE MAINTENANCE DISTRICT TO BE KNOWN AS LANDSCAPE MAINTENANCE DISTRICT "R." (3) ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS IN DISTRICT "R" FOR FISCAL YEAR 2005-2006 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972. WHEREAS, on March 9, 2004, the Redding Plaruiing Commission approved Tentative Subdivision Map S-13-03, Cerro Vista Subdivision; and WHEREAS, Condition 26 of the Tentative Map requires that the developer of the subdivision consent to participate in the formation of a landscape maintenance district; and WHEREAS, on August 30, 2005, the subdivider, C.R.B. Properties, LLC, signed and delivered to the City a petition for the formation of territory encompassing the Cerro Vista Subdivision into a landscape maintenance district; and WHEREAS, City Council Policy No. 1705 provides that under no circumstance shall the City accept public improvements constructed by the subdivider or project applicant until formation ofthe required maintenance district is completed and the assessments levied; and WHEREAS, Streets and Highways Code Section 22608.2 provides that if an ordinance requires the installation of improvements by a subdivider, a resolution may be adopted which provides that the territory owned by the subdivider comes under the terms of said ordinance and may order that the territory be formed into an assessment district without hearing or filing of an engineers report; and WHEREAS, the subdivider owns all the property which is proposed for formation into a landscape maintenance district, Redding Municipal Code Sections 17.32.020, 17.32.110, 17.32.120, 17.38.020, 17.31.100, and 18.47.040 collectively serve to require the installation of improvements by the subdivider, and the territory to be formed into a landscape maintenance district falls within the scope and application of said ordinances; and f t ~ l ~ . . '. WHEREAS, the City Engineer has filed the Engineer's 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 ofland within the proposed assessment district; 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. 2. 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 maps of the assessment district contained in the Engineer's Report. 3. 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. 4. The territory within the maps 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 "R." 5. Only costs for vegetation management and maintenance landscaping; mulching; vandalism abatement; repairs to the irrigation system; electric and water charges; replacement of vegetation as necessary; removal of trimmings, rubbish, and debris; maintenance of any detention basins; and other improvements to removal or cover of graffiti; administrative costs; painting of any walls; 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 June Engineering News Record and shall become effective July 1, 2006, and every July 1 thereafter. 6. An assessment of$260.08 against each developable lot/remaining parcel located within the District for Fiscal Year 2005-2006 is adopted and confirmed, except that an assessment shall not be levied on property owned by a Federal or State governmental agency or another local agency. 2 . . . . 7. 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 "R." I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at a regular meeting of the City Council on the 21st day of February, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: Dickerson, Mathena, Pohlmeyer, Stegall, and MUrJray COUNCIL MEMBERS: None COUNCIL MEMBERS: None COUNCIL MEMBERS: None Attest: Approved as to Form: ~~:7 RICHARD A. DUVERNAY, City Attorney 3 . . BOOK 048-150 IMPROVEMENTS: - TREES - PLANTS - SHRUBS - MULCH - IRRIGATION SYSTEM - CONCRETE BLOCK WALL - DRAINAGE SWALE MAINTENANCE TOTAL LANDSCAPED AREA - 1,800 SF TOTAL BLOCK WALL LENGTH - 350 LF .' @ @ PEDESTRIAN ACCESS IMPROVEMENT OJ ~ ,~ p:! .~/ r /-~ \ :;:0 \ o --"~'--"G--'" \ ........... ~/ ..---?-~... .----..- ...--~ -_/.._........._...r...:t/-:-- -...--.......--- ----~. ...- .......- ----.. NO. OF LOTS fN (21) /' / BONNYVIEW ELEMENTARY SCHOOL .' / .._-_....~.. /\- .- ....-- -~_. ..\ //---- ..../ ~ .... /' ........-./" :~} \ \ \. ~ PLANNING DIVISION DEVELOPMENTSER~CESDEPARTMENT BOUNDARY MAP . o 125 ...... 25D 375 LANDSCAPE MAINTENANCE DISTRICT R CERRO VISTA fEET DWG. NO: LMD-R DATE 12-16-05 . . ENGINEER'S REPORT City of Redding LANDSCAPE MAINTENANCE DISTRICT "R" Fiscal Year 2006-07 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 Di.vision 15 of the California Streets and Highways Code. The Engineer's Report is required by the Act for formation, annexation or detachment of territory, and levying of assessments for district maintenance. The report is presented to the City Council for review prior to the public hearing on the 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 Landscape Maintenance District (District) "R" and consists of eight parts as follows: PART A: An assessment map, showing all the parcels of real property within the District. The map is keyed to the lot numbers within each subdivision. PART B: An estimate of the cost of improvements or maintenance. PART C: An estimate of revenues and provision for annual cost-indexing. PART D: An estimate of funding for capital improvements and landscape enhancement. PART E: Improvements. PART F: An analysis of benefit to the properties being assessed. PART G: A statement ofthe method by which the undersigned has determined the amount proposed to be assessed against each lot or parcel. PART H: A list of the parcel numbers of the real property within the District as shown on the last equalized assessment roll for taxes or as known to the Clerk. Respectfully submitted, f/ . Shank, PE - Engineer of Work Boyle ngineering Corporation December 16,2005 Page 1 . . Part A: Assessment Map The assessment map of District "R", included herein, is labeled "Landscape Maintenance District R, Cerro Vista," and is located in the City of Redding, County of Shasta, State of Califomia. The District is generally located as shown on the attached map. Part B: Estimated Cost of Maintenance (see attachment) Part C: Assessment District Revenue Estimated assessment revenue for FY 2006-07: $5,462 $0 Estimated cash balance of the District as of June 30, 2007: Cumulative delinquent payments as of June 30, 2006: $0 The assessments are authorized to be indexed (increased) annually based on the published "20-Cities Construction Cost Index" compiled by Engineering News Record. Fiscal Year 2007-08 will be the fIrst year authorized for such cost-indexing. In the event that assessment revenues are insuffIcient to cover the cost of annual maintenance activities, services may be reduced to avoid a defIcit. Part D: Capital Improvements and Landscape Enhancement. Capital improvement and landscape enhancement funding, if any, is intended to maintain the landscape integrity into the future and may also be used for rate stabilization. For Fiscal Year 2006-07, no funds have been 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 scheduled expenses in Part B, Item 4. No bonds will be issued in connection with this District. Part E: Improvements The improvements generally consist of landscaping amenities along the primary streets within and around the subdivision, a drainage swale, and a pedestrian access improvement. Plans and specifIcations for the identifIed improvements are on fIle in the City's Department of Development Services. The plans depict the irrigation system, a concrete block wall, plant materials, and other landscape appurtenances. The plans and specifIcations are hereby incorporated into this report by reference. The improvements and approximate maintenance quantities are conceptually depicted on the maps referenced in Part A. Part F: Analysis of Benefits of Properties Being Assessed Construction and maintenance of the identifIed improvements was a condition of development for the subdivision. The landscaped public right-of-way offers an entry statement for the subdivision and provides an aesthetic buffer between the street and adjacent properties. The public right-of-way usually contains a sidewalk and an unpaved area for underground utilities. Without landscaping and on-going Page 2 . . maintenance, the unpaved area between the curb and the property line would become overgrown and unsightly. . The landscaped corridor adds to the unique character and appearance of the neighborhood, and increases the marketability of the lots within the subdivision. It reduces glare from street traffic, and offers some noise-buffering benefits. Continual maintenance ofthe identified drainage swale and pedestrian access improvement was a condition of approval for the subdivision. These are the special benefits conferred upon each assessed lot within the District. The benefits received by the identified parcels are "special" benefits in that the City does not generally provide such improvements and/or services to the public at large. Part G: Method of Apportionment The law does not require lots to be contiguous to the benefit or landscaping, only that the assessment is distributed across all lots in proportion to the special benefit. The proposed apportionment methodology is based on a uniform special benefit and assessment over all developable lots within District "R". The assessment rate per developable lot in District "R" for Fiscal Year 2006-07 is $260.08. Part H: Assessed Parcels (see attachment) Page 3 . BOOK 048-150 IMPROVEMENTS: - TREES - PLANTS - SHRUBS - MULCH - IRRIGATION SYSTEM - CONCRETE BLOCK WALL - DRAINAGE SWALE MAINTENANCE TOTAL LANDSCAPED AREA - 1,800 SF TOTAL BLOCK WAll LENGTH - 350 LF @ (jJ) PEDESTRIAN CD ACCESS C; IMPROVEMENT ~ ('T1 F ------- . \~~ \ "'---- ~~. \ .------- - ---- ---- -...--' \-=: -'~'" .~~ -- .------ __---w.....-----I,..~- BONNYVIEW \ ELEMENTARY \ SCHOOL .. PLANNING DIVISION DEVELOPMENTS~CESDEPARTMENT BOUNDARY MAP NO. OF LOTS CV (21) , o 125 '"",=~..oI 250 375 LANDSCAPE MAINTENANCE DISTRICT R CERRO VISTA FEEl' DWG. NO: LMD-R DATE 12-16-05 . . City of Redding PART B: ESTIMATED COST OF MAINTENANCE (FY 2006-07) LMDR 1. See attached maps for conceptual description of maintenance al")d quantities. 2. Number of lots benefiting from district maintenance (see Part G): 3. Estimated cash balance of district as of June 30, 2006 (excludes capital improvement set aside in Part D): 4. Estimated cost of unscheduled expenses for Fiscal Year 2006-07 (including repairs, replacement and vandalism). a. Detention Swell: b. Mulching: Every other year (50% of total) c. Vandalism: d. Irrigation repair: e. Vegetation management: f. Plant replacements: g Wall/Pedestrian Access: Subtotal 5. Electric and water costs: 6. Estimated administrative costs. a. City Clerk (public and legal notices): b. City Attorney (preparation of resolutions and legal services): c. Planning (Engineer's Report): d. Finance (accounting): e. Support Services (district administration): f. . City Treasurer (assessment billings): g. Purchasing (contract administration and bidding process): h. Public Works (Engineer): Subtotal - City Administration NOTE: "." Indicates City Administration capped at 10% of maintenance contract. i. Outside Services: Subtotal 7. Maintenance contract for the Fiscal Year 2006-07: 8. Required reserves. a. Contingency (25% of lines 4, 5, & 7): b. Contingency for uncollected assessments as of June 30, 2006 (50% of delinquent assessments): Subtotal 9. Total estimated expenditures for Fiscal Year 2006-07 (Lines 4 thru 8): 10. City general benefit contribution (parks): 11. County collection fee (1 % of total assessments):. 12. Recommended total assessment for district maintenance (Lines 9 thru Line 11): Calculated assessment per lot Fixed assessment per lot 13. Total estimated assessment revenue for Fiscal Year 2006-07: 14. Projected cash balance of the district as of June 30, 2007: LMD R.xls / Part B Cerro Vista 21 $ $ 200 $ 280 $ 100 $ 100 $ $ 250 $ 350 $ 1,280 $ 420 $ 220 $ 100 $ 200 $ 500 $ 200 $ 30 $ 30 $ 200 $ 132 * $ 1,500 T- 1,632 $ 1,320 $ 755 $ $ 755 $ 5,407 $ $ 55 $ 5,462 $ 260.08 $ 260.08 $ 5,462 $ 0 12/16/2005 . . - . . City of Redding PART H: ASSESSMENT ROLL (FY 2006-07) Landscape Maintenance District "R" Subdivision Benefit Unit Total APN Name Unit Phase Units Rate Assessment Owner Name 048-150-10 Cerro Vista 1 - 10.00 $260.08 $2,600.80 Crb Properties LIe 048-150-11 Cerro Vista 1 - 11.00 $260.08 $2,860.88 Crb Properties LIe I 21.00 I $5,461.68 TOTAL LMD R.xls / Part H Page 1 of 1 12/16/2005