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HomeMy WebLinkAboutReso 2006-161 - LMD "U" WHEN RECORDED RETURN TO: I REC FEE I I I I I I III 03:27PM 09-Aug-2106 I Page 1 of 5 Recorded Official Records County of Shasta Cris AndreMs Assessor-Recorder I.. <tJ * e .006-0040949 OJ, RECORDING REQUESTED BY: CITY OF REDDING CITY OF REDDING CITY CLERK'S OFFICE, 3RD FLOOR 777 CYPRESS A VENUE REDDING, CA 96001 1111111111111111111111111111111111 THE AREA ABOVE IS RESERVED FOR RECORDER'S USE Resolution No. 2006-161, Landscape Maintenance District "U" "Separate Page" pursuant to Government Code ~27361.6 e e .. RESOLUTION NO. 2006 - 161 LANDSCAPE MAINTENANCE DISTRICT "U" 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 "U" (3) ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS IN DISTRICT 04-06 FOR FISCAL YEAR 2006-07 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972. WHEREAS, on April 22, 2003, the City of Redding Planning Commission approved Tentative Subdivision Map S-Ol-01, Bel Air Estates Subdivision; and WHEREAS, Condition 68 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 October 10,2005, the subdivider, Ochoa-Shehan, signed and delivered to the City a petition for the formation of territory encompassing the Bel Air Estates 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 of the 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 e e t' 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 ofthe 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 "U". 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 March Engineering News Record and shall become effective July 1, 2006, and every July 1 thereafter. 6. An assessment of $94.1 0 against each developable lot/remaining parcel located within the District for Fiscal Year 2006-07 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. 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 "U". e e .- I HEREBY CERTIFY that the foregoing resolution was introduced and read at a regular meeting of the Redding City Council on the 1 st day of August, 2006, and was duly adopted at said meeting by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBER: COUNCIL MEMBER: COUNCIL MEMBER: COUNCIL MEMBER: Mathena, Pohlmeyer, Stegall, and Murray None Dickerson None " t. , 'w ~ ATTEST:, t ')/',' . fj'l:"-" ~~ ~;~ CONNI!",~TROirM~ ~Clerk , "'-'. '" "j,'_~'''::' ., ~~ ' ., ,.. \,' \ APPROVED AS TO FORM: ~A"~ RICHARD A. DUVERNAY, Ci ttorney " e e DETENTION BASIN ,,-, I,~~) @ @ CD C'v A.... ~ 'J i2~ Y..t' [J::" ;:) J..:.. (0\ ~ ~ LJ... ~ PLANNING DIVISION BOUNDARY MAP DEVELOPMENT SERVICES DEPARTMENT 300 600 I 900 LANDSCAPE MAINTENANCE DISTRICT "U" BEL AIR ESTATES SA (189) rEET OWG, NO: LMO-U DATE: 07-06-06 OaKS 112-010 112-020 113-190 NO. OF LOTS