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HomeMy WebLinkAboutRes 03-90 and 03-91 FY2003-04 Landscape and Lighting Dist • CITY OF PALM DESERT DEVELOPMENT SERVICES STAFF REPORT REQUEST: 1. APPROVAL TO AMEND AND/OR APPROVE THE FINAL ENGINEER'S REPORT FOR THE PALM DESERT CONSOLIDATED CONSOLIDATED LANDSCAPE AND LIGHTING DISTRICT, FISCAL YEAR 2003/2004. 2. APPROVAL ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE CONSOLIDATED PALM DESERT LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2003/2004. DATE: June 26, 2003 CONDITIONS: Resolution No. 03-90 Resolution No. 03-91 Final Engineer's Report Recommendation: Waive further reading and adopt: 1. Resolution No.03-90 , amending or approving the Final Engineer's Report for the Consolidated Palm Desert Landscaping and Lighting District, Fiscal Year 2003/2004. 2. Resolution No.03-91 , ordering the levy and collection of assessments within the consolidated Palm Desert Lighting and Landscape District for Fiscal Year 2003/2004. Background: At the June 12, 2003, City Council approved the Preliminary Engineer's Report for the Consolidated Palm Desert Landscape and Lighting District Fiscal Year 2003/2004, and initiated the process of collecting annual assessments. The attached is a copy of the Final Engineer's Report which includes the budgets for each district. No modifications are being proposed on the Final Engineer's Report. As required by State law, a public hearing has been scheduled for June 26, 2003, to review and adopt the annual budgets of each district. As noted at the June 12, 2003 meeting, those districts that carried a deficit will see a decrease in level of service to match what is actually available in their annual budget. • Staff Report Palm Desert Consolidated LLD FY 03/04 Page 2 June 26, 2003 Staff recommends that the City Council adopt the attached resolutions approving the Final Engineer's Report, and ordering the collection of annual assessments for Fiscal Year 2003/2004. Submitte y: Department Head: rtin Alvarez omer Croy Senior Management Analyst ACM for Develop ent Services Approval: Carlos L. Orteg Paul Gibson City Manager Director of Finance CITY COUNCILCTION: APPROVED V DENIED RECE I VED OTHER ,-1EETIN DATE AYES: ,t4VA. � , 6046m1 NOES: ABSENT. k.S ABSTAIN: k1 VERIFIED BY: R toaatryk Original on File with City Clerk's Office • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER'S REPORT FOR THE CONSOLIDATED PALM DESERT LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR 2003/04 The City Council of the City of Palm Desert (hereafter referred to as the "City Council") does resolve as follows: WHEREAS, The City Council, pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code, did by previous Resolution order the Engineer, MuniFinancial, to prepare and file a report in accordance with Article 4 of Chapter 1 of Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22565, in connection with the proposed levy and collection of assessments for the Consolidated Palm Desert Landscaping and Lighting District (hereafter referred to as the "District") for the fiscal year commencing July 1, 2003 and ending June 30, 2004; and, WHEREAS, The Engineer has prepared and filed with the City Clerk of the City of Palm Desert and the City Clerk has presented to the City Council such report entitled "Engineer's Annual Levy Report, Consolidated Palm Desert Landscaping and Lighting District, Fiscal Year 2003/04" (hereafter referred to as the "Report"); and, WHEREAS, The City Council has carefully examined and reviewed the Report as presented, and is satisfied with each and all of the items and documents as set forth therein, and finds that the levy has been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed, as set forth in said Report; and, NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS: Section 1 The above recitals are all true and correct. Section 2 The Report as presented, consists of the following: a) A Description of the District and Improvements. b) The Annual Budget (Costs and Expenses of Services, Operations and Maintenance) Page 1 c) A Description of the Method of Apportionment resulting in an Assessment Rate per Levy Unit for each Zone within said District for Fiscal Year 2003/04. Section 3 The Report as presented, is hereby approved (as amended), and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. Section 4 The City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the presentation and final approval of the Report. PASSED, APPROVED, AND ADOPTED THIS DAY OF 2003. STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF PALM DESERT) Jean M. Benson, Mayor City Council , City Clerk of the City of Palm Desert, County of Riverside, State of California do hereby certify that the foregoing Resolution No. was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of said council held on the day of , 2003, by the following vote: AYES: NOES: ABSENT: ABSTAINED: Rachelle D. Klassen, City Clerk City of Palm Desert Page 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE CONSOLIDATED PALM DESERT LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR 2003/04 The City Council of the City of Palm Desert (hereafter referred to as the "City Council") does resolve as follows: WHEREAS, The City Council has by previous Resolutions initiated proceedings and declared its intention to levy special benefit assessments against parcels of land within the Consolidated Palm Desert Landscaping and Lighting District (hereafter referred to as the "District") for the fiscal year commencing July 1, 2003 and ending June 30, 2004; pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter referred to as the "Act") to pay the costs and expenses of operating, maintaining and servicing landscaping, lighting and appurtenant facilities located within public places in the District; and, WHEREAS, The Engineer selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council an Engineer's Annual Levy Report (hereafter referred to as the "Report") in connection with the proposed levy and collection of special benefit assessments upon eligible parcels of land within District, and the City Council did by previous Resolution approve such Report; and, WHEREAS, The City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2003 and ending June 30, 2004, to pay the costs and expenses of operating, maintaining and servicing landscaping improvements and street lighting improvements and appurtenant facilities located within public places in the District; and, NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS: Section 1 Following notice duly given, the City Council has held a full and fair Public Hearing regarding its Resolution approving or amending the Engineer's Annual Levy Report prepared in connection therewith; the levy and collection of assessments, and considered all oral and written statements, protests and communications made or filed by interested persons. The City Council has determined that the property owners in accordance with the requirements of the California State Constitution, Article XIIID have approved the assessments so presented. Section 2 Based upon its review (and amendments, as applicable) of the Engineer's Annual Levy Report, a copy of which has been presented to the City Page 1 Council and which as been filed with the City Clerk, the City Council hereby finds and determines that: a) The land within District will receive special benefit by the operation, maintenance and servicing of landscaping, lighting, and appurtenant facilities within the boundaries of District. b) District includes all of the lands receiving such special benefit. c) The net amount to be assessed upon the lands within the District is in accordance and apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services for the fiscal year commencing July 1, 2003 and ending June 30, 2004. Section 3 The Report and assessment as presented to the City Council and on file in the office of the City Clerk are hereby confirmed as filed. Section 4 The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as the maintenance, operation, administration and servicing of the improvements including turf, ground cover, shrubs and trees, irrigation systems, street lighting, water features, entry monuments, drainage systems and all appurtenant facilities related thereto. Section 5 The maintenance, operation and servicing of the landscaping, lighting and appurtenant facilities shall be performed pursuant to the Act and the County Auditor of Riverside shall enter on the County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer. Section 6 The City Treasurer shall deposit all money representing assessments collected by the County for the District to the credit of a fund for the Consolidated Palm Desert Landscaping and Lighting District, and such money shall be expended only for the maintenance, operation and servicing of the landscaping, lighting and appurtenant facilities as described in Section 4. Section 7 The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing July 1, 2003 and ending June 30, 2004. Section 8 The City Clerk is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution. Page 2 PASSED, APPROVED, AND ADOPTED THIS DAY OF , 2003. STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF PALM DESERT) Jean M. Benson, Mayor City Council , City Clerk of the City of Palm Desert, County of Riverside, State of California do hereby certify that the foregoing Resolution No. was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of said council held on the day of , 2003, by the following vote: AYES: NOES: ABSENT: ABSTAINED: Rachelle D. Klassen, City Clerk City of Palm Desert Page 3 RESOLUTION NO. 03-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER'S REPORT FOR THE CONSOLIDATED PALM DESERT LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR 2003/04 The City Council of the City of Palm Desert (hereafter referred to as the "City Council") does resolve as follows: WHEREAS, The City Council, pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code, did by previous Resolution order the Engineer, MuniFinancial, to prepare and file a report in accordance with Article 4 of Chapter 1 of Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22565, in connection with the proposed levy and collection of assessments for the Consolidated Palm Desert Landscaping and Lighting District (hereafter referred to as the "District") for the fiscal year commencing July 1, 2003 and ending June 30, 2004; and, WHEREAS, The Engineer has prepared and filed with the City Clerk of the City of Palm Desert and the City Clerk has presented to the City Council such report entitled "Engineer's Annual Levy Report, Consolidated Palm Desert Landscaping and Lighting District, Fiscal Year 2003/04" (hereafter referred to as the "Report"); and, WHEREAS, The City Council has carefully examined and reviewed the Report as presented, and is satisfied with each and all of the items and documents as set forth therein, and finds that the levy has been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed, as set forth in said Report; and, NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS: Section 1 The above recitals are all true and correct. Section 2 The Report as presented, consists of the following: a) A Description of the District and Improvements. b) The Annual Budget (Costs and Expenses of Services, Operations and Maintenance) 1 RESOLUTION NO. 03-90 c) A Description of the Method of Apportionment resulting in an Assessment Rate per Levy Unit for each Zone within said District for Fiscal Year 2003/04. Section 3 The Report as presented, is hereby approved (as amended), and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. Section 4 The City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the presentation and final approval of the Report. PASSED, APPROVED, AND ADOPTED THIS 26TH DAY OF JUNE , 2003. STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF PALM DESERT) Jean M. Benson, Mayor City Council I, Rachelle D. Klassen , City Clerk of the City of Palm Desert, County of Riverside, State of California do hereby certify that the foregoing Resolution No. 03-90 was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of said council held on the 26th day of June , 2003, by the following vote: AYES: FERGUSON, KELLY, SPIEGEL, BENSON NOES: NONE ABSENT: CRITES ABSTAINED: NONE Rachelle D. Klassen, City Clerk City of Palm Desert 2 RESOLUTION NO. 03-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE CONSOLIDATED PALM DESERT LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR 2003/04 The City Council of the City of Palm Desert (hereafter referred to as the "City Council") does resolve as follows: WHEREAS, The City Council has by previous Resolutions initiated proceedings and declared its intention to levy special benefit assessments against parcels of land within the Consolidated Palm Desert Landscaping and Lighting District (hereafter referred to as the "District") for the fiscal year commencing July 1, 2003 and ending June 30, 2004; pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter referred to as the 'Act') to pay the costs and expenses of operating, maintaining and servicing landscaping, lighting and appurtenant facilities located within public places in the District; and, WHEREAS, The Engineer selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council an Engineer's Annual Levy Report (hereafter referred to as the "Report") in connection with the proposed levy and collection of special benefit assessments upon eligible parcels of land within District, and the City Council did by previous Resolution approve such Report; and, WHEREAS, The City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2003 and ending June 30, 2004, to pay the costs and expenses of operating, maintaining and servicing landscaping improvements and street lighting improvements and appurtenant facilities located within public places in the District; and, NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS: Section 1 Following notice duly given, the City Council has held a full and fair Public Hearing regarding its Resolution approving or amending the Engineer's Annual Levy Report prepared in connection therewith; the levy and collection of assessments, and considered all oral and written statements, protests and communications made or filed by interested persons. The City Council has determined that the property owners in accordance with the requirements of the California State Constitution, Article XIIID have approved the assessments so presented. 1 RESOLUTION NO. 03-91 Section 2 Based upon its review (and amendments, as applicable) of the Engineer's Annual Levy Report, a copy of which has been presented to the City Council and which as been filed with the City Clerk, the City Council hereby finds and determines that: a) The land within District will receive special benefit by the operation, maintenance and servicing of landscaping, lighting, and appurtenant facilities within the boundaries of District. b) District includes all of the lands receiving such special benefit. c) The net amount to be assessed upon the lands within the District is in accordance and apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services for the fiscal year commencing July 1, 2003 and ending June 30, 2004. Section 3 The Report and assessment as presented to the City Council and on file in the office of the City Clerk are hereby confirmed as filed. Section 4 The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as the maintenance, operation, administration and servicing of the improvements including turf, ground cover, shrubs and trees, irrigation systems, street lighting, water features, entry monuments, drainage systems and all appurtenant facilities related thereto. Section 5 The maintenance, operation and servicing of the landscaping, lighting and appurtenant facilities shall be performed pursuant to the Act and the County Auditor of Riverside shall enter on the County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer. Section 6 The City Treasurer shall deposit all money representing assessments collected by the County for the District to the credit of a fund for the Consolidated Palm Desert Landscaping and Lighting District, and such money shall be expended only for the maintenance, operation and servicing of the landscaping, lighting and appurtenant facilities as described in Section 4. Section 7 The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing July 1, 2003 and ending June 30, 2004. 2 RESOLUTION NO. 03-91 Section 8 The City Clerk is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution. PASSED, APPROVED, AND ADOPTED THIS 26TH DAY OF JUNE , 2003. STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF PALM DESERT) Jean M. Benson, Mayor City Council I, Rachelle D. Klassen , City Clerk of the City of Palm Desert, County of Riverside, State of California do hereby certify that the foregoing Resolution No. 03-91 was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of said council held on the 26th day of June , 2003, by the following vote: AYES: FERGUSON, KELLY, SPIEGEL, BENSON NOES: NONE ABSENT: CRITES ABSTAINED: NONE Rachelle D. Klassen, City Clerk City of Palm Desert 3