HomeMy WebLinkAboutReso 2010-049 - LMD 02-09
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2010-0015473
RECORDING REQUESTED BY:
City of Redding
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WHEN RECORDED RETURN TO:
City Clerk
City of Redding
777 Cypress Avenue
Redding CA 96001
Recorded
Official Records
County of
Shasta
Leslie Morgan
Assessor-Recorder
RESOLUTION NO. 2010 - 49
LANDSCAPE MAINTENANCE DISTRICT 02-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING:
(1) CONFIRMING THE MAP 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 02-09
(3) APPROVING THE ANNUAL ASSESSMENTS FOR FISCAL YEAR
2010-11 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT
OF 1972, COMMENCING WITH SECTION 22500 OFTHE STREETS
AND HIGHWAYS CODE AND STAYING THE LEVY OF THE SAME
FOR FISCAL YEAR 2010-11
WHEREAS:
A. On March 24, 2009, the City of Redding Planning Commission approved Placer West
Subdivision, S-2-08; and
B. Condition 43 ofthe Conditions of Approval requires that the applicant consent to participate
in the formation of a landscape maintenance district; and
C.
On September 28, 2009, the applicant, Signature-Northwest Partnership Profit Sharing Plan,
signed and delivered to the City a petition for the formation of territory encompassing the
land lying within the area of Placer West Subdivision, 8-2-08; into a landscape maintenance
district; and
D.
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
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E. 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
F. The applicant 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, 17.38.100, 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
G. 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:
I. 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 map 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 residential unit in the district in proportion to the
estimated benefits to be received by each benefit unit 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 2-09.
5. 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; 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 I, 2011, and every July I thereafter.
6. An assessment of$848.14 per benefit unit located within LMD-2-09 for Fiscal Year 20 I 0-11
is adopted and confirmed.
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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 map contained in the Engineers Report for Landscape Maintenance District 02-09.
I HEREBY CERTIFY that the foregoing resolution was introduced, read, and adopted at a regular
meeting of the City Council on the 18th day of May, 2010, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Bosetti, Dickerson, McArthur, Stegall, and Jones
None
None
None
ATTEST:
APPROVED AS TO FORM:
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. PA~ELAMI~~rk
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RICHARD A. DUVERNA l', City Attorney
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NOTE: For the precise nature and location of improvements
maintained by the District, refer to documents and maping
on file with the City's Engineering Division,
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LANDSCAPING (9,380 SF)
-IRRIGATION SYSTEM
-SOUND WALL
-SHRUBS
-TREES
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DETENTION BASIN
(11,200 SQ. FT.)
NOTE: For a detailed description of the
lines and dimensions of lots or parcels
shown on this map, refer to the County
assessor's maps which shall govern with
respect to all details concerning the lines
and dimensions of such lots or parcels.
CITY OF REDDING
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LOCA TlON MAP
SHASTA COUNTY, CALIFORNIA
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LANDSCAPE MAINTAINANCE DISTRICT 02-09
PLACER WEST SUBVIVISION
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FEET
DATE:
FILE: LMD 2-09
APRil, 2009
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