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HomeMy WebLinkAboutRes 00-43 through 00-45 Formation of Sandpiper Court LL AD INTEROFFICE MEMORANDUM CITY OF PALM DESERT TO: Honorable Mayor and City Council FROM: Richard J. Folkers, ACM/Director of Public Works SUBJECT: FORMATION OF SANDPIPER COURT LANDSCAPE AND LIGHTING DISTRICT DATE: April 13, 2000 RECOMMENDATION: At the conclusion of the public hearing, waive further reading and adopt: 1. Resolution No. 00-43, declaring the results of a property owner protest and related actions for the Sandpiper Court Landscape and Lighting District. 2. Resolution No. 00-44 , approving the engineers report as presented or amended; the concurrent annexation into the Palm Desert Consolidated Landscape and Lighting District; and the levy and collection of annual assessments for fiscal year 2000-2001 for the Sandpiper Court Landscape and Lighting District. 3. Resolution No. 00-45 , ordering the formation of the Sandpiper Court Landscape Lighting District; the concurrent annexation of said district into the Palm Desert Consolidated Landscaping and Lighting District; and the levy and collection of annual assessments commencing with fiscal year 2000-2001. BACKGROUND: The developer of the Sandpiper Court subdivision was required to form the necessary landscape and lighting assessment district. At prior meetings, the City Council adopted resolutions to initiate proceedings, and set this public hearing. Ballots for the district formation were mailed to all property owners and the outcome of their vote will be presented. G.\PubWorks\Rhonda Henderson\wpdata\RH\TOM\sandpiper form.wpd Resolution No. 00-43 Resolution No. 00-44 Resolution No. 00-45 PAGE 2 APRIL 13, 2000 FORMATION OF SANDPIPER COURT LANDSCAPE & LIGHTING DISTRICT At the conclusion of the public hearing, staff will recommend the adoption of the resolutions with any necessary changes. 677 RI HARD . OLKERS, P.E. EVIEWED AND CONCUR CITY MANAGER RJF:TB/rh REVIEWED AND CONCUR FINANCE DIRECTOR Attachments CITY COUNCIL ACTION: DENIED APPROVED_ OTHER RECEIVED MEET I DATEsgasire AYES: - �.�._ NOES: �L,iv ABSENT: ABSTAIN• VERIFIED BY: Original on File with Cit Clerk's Office G:\PubWorks\Rhonda Henderson\wpdata\RH\TOM\sandpiper.form.wpd RESOLUTION: 00-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, • CALIFORNIA, DECLARING THE RESULTS OF A PROPERTY OWNER PROTEST PROCEEDING AND APPROVING CERTAIN RELATED ACTIONS WHEREAS, the City Council called and duly held a public hearing for the "Sandpiper Court Landscaping and Lighting District" (hereafter referred to as the "District"); and the concurrent annexation of said District and territory into the Palm Desert Consolidated Landscaping and Lighting District (hereafter referred to as the "Consolidated District") pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the "Act"), and there has been presented to the City Council an Engineer's Report as required by Chapter 2,Article 1, Section 22585 of said Act; and, WHEREAS, the City Council has conducted property owner protest proceedings relating to the improvements and services described in the Engineer's Report for the purpose of presenting to the qualified property owners an assessment and assessment range formula establishing a maximum assessment for the levy and collection of assessments related thereto in accordance with the provisions of the California Constitution Article XIIID;and, WHEREAS,the landowners of record within the District as of the close of the Public Hearing held on April 13, 2000 did cast their ballots,the results of which are illustrated below: Yes: $ No: $ NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY RESOLVE, ORDER AND DETERMINE: Section 1: The preceding recitals are true and correct. Section 2: The protest proceedings for the District assessments were conducted, with ballots presented to qualified property owners of the District for receipt by the City Clerk prior to the conclusion of the Public Hearing on April 13, 2000, with each ballot weighted according to the proportional financial obligation of the affected property. Section 3: The tabulation of the valid property owner protest ballots returned by the property owners within said District is hereby confirmed and made public record. This tabulation indicates approval of the assessment and assessment range Page 1 of 2 •RESOLUTION: 00-43 formula, and the City Council hereby confirms the assessment and assessment range formula approved by the property owners as described in the Engineer's Report. Section 4: The City Clerk is hereby directed to enter this Resolution on the minutes of the City Council which shall constitute the official declaration of the result of such property owner protest proceeding. Section 5: This Resolution shall become effective immediately upon its adoption and the City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 13th day of April 2000. STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss. CITY OF PALM DESERT I Acting , 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 , 2000 by the following vote: AYES: NOES: ABSENT: ABSTAINED: Mayor, Buford Crites City of Palm Desert Rachelle D. Rlassen, Acting City Clerk City of Palm Desert Page 2 of 2 RESOLUTION: 00-44 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, • CALIFORNIA, AMENDING AND/OR APPROVING THE ENGINEER'S REPORT REGARDING THE FORMATION OF THE SANDPIPER COURT LANDSCAPING AND LIGHTING DISTRICT; THE CONCURRENT ANNEXATION OF SAID TERRITORY INTO THE PALM DESERT CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT; AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2000/2001 WHEREAS, the City Council, pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the "Act"), did by previous Resolution order the Engineer, MuniFinancial, to prepare and file a Report in connection with the proposed formation of the "Sandpiper Court Landscaping and Lighting District" (hereafter referred to as the "District") and the concurrent annexation of the District and territory into the Palm Desert Consolidated Landscaping and Lighting District (hereafter referred to as the "Consolidated District"), and the proposed levy and collection of assessments against parcels of land for the fiscal year commencing July 1, 2000 and ending June 30, 2001; and, WHEREAS, the Engineer has prepared and filed with the City Clerk of the City of Palm Desert, California and the City Clerk has presented to the City Council such report entitled "City of Palm Desert Engineer's Report Sandpiper Court Landscaping and Lighting District Formation Fiscal Year 2000/2001" as required by the Act; and, WHEREAS, the City Council pursuant to the provisions of Chapter 2, Article 1, Section 22586 of said Act may approve the report, as filed, or may modify the report in any particular and approve it as modified; and WHEREAS, the City Council has carefully examined and reviewed the Report as presented, considered all oral and written comments presented with respect to the District and Report at a noticed Public Hearing and has discussed any necessary or desired modifications to the Report. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS: Section 1: The preceding recitals are true and correct. Section 2: The Report as presented or as modified, contains the following: Page 1 of 3 ESOLUTION: 00-44 a. A Description of Improvements. b. A Boundary Diagram of the District. c. The Method of Apportionment that details the method of calculating each parcel's proportional special benefits and annual assessment. d. The maximum annual assessment for the first fiscal year (Adjusted Maximum Levy per EDU) approved by the property owners. e. An "Assessment Range Formula" for calculating annual inflationary adjustments to the "Maximum Assessment" (Adjusted Maximum Levy per EDU), also approved by the property owners. f. The Annual Budget (Costs and Expenses) and the resulting assessment (Levy per EDU) for the first fiscal year. g. The District Roll containing the Levy for each Assessor Parcel within the District commencing Fiscal Year 2000/2001. Section 3: The City Clerk is hereby directed to enter on the minutes of the City Council any and all modifications to the Report determined and approved by the City Council, and all such changes and/or modifications by reference are incorporated into the Engineer's Report. Section 4: The City Council is satisfied with the Engineer's Report as presented or modified, each and all of the budget items and documents as set forth therein, and is satisfied that the annual assessments contained therein are consistent with the assessments approved by the property owners and spread in accordance with the special benefits received from the improvements pursuant to the provisions of the California Constitution Article XIIID. Section 5: The Report is hereby approved as submitted or modified and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. Section 6: 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 approval of the Report as submitted or modified. Page 2 of 3 .ESOLUTION: 00-44 PASSED, APPROVED, AND ADOPTED this 13th day of April 2000. STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss. CITY OF PALM DESERT I, Acting , 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 , 2000 by the following vote: AYES: NOES: ABSENT: ABSTAINED: Mayor, Buford Crites City of Palm Desert Rachelle D. Rlassen, Acting City Clerk City of Palm Desert Page 3 of 3 :ESOLUTION: 00-45 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA ORDERING THE FORMATION OF THE SANDPIPER COURT LANDSCAPING AND LIGHTING DISTRICT; THE CONCURRENT ANNEXATION OF SAID DISTRICT AND TERRITORY INTO THE PALM DESERT CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT; AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO COMMENCING WITH FISCAL YEAR 2000/2001 WHEREAS, the City Council, desires to form the "Sandpiper Court Landscaping and Lighting District" (hereafter referred to as the "District"), to concurrently annex said District and territory into the "Palm Desert Consolidated Landscaping and Lighting District", Zone 6 — Sandpiper Court (hereafter referred to as either the "Consolidated District" or "Zone"), and to levy and collected annual assessments against parcels of land within said territory commencing with fiscal year 2000/2001 to pay the costs and expenses of operating, maintaining and servicing the improvements and appurtenant facilities related thereto, pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the "Act"); and, WHEREAS, the City Council did by previous resolutions initiate proceedings and declare its intention to form the District; concurrently annex said District and territory into the Consolidated District; and to levy and collected annual assessments for the purpose of operating, maintaining and servicing the improvements related thereto, pursuant to the Act; 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 Report that describes the District, the formation, annexation, and assessments against parcels of land within the District for the Fiscal Year commencing July 1, 2000, and ending June 30, 2001, pursuant to the provisions of the Act; and, WHEREAS, the City Council has caused notices and property owner assessment ballots to be mailed to all property owners of affected properties pursuant to the Act and in accordance with the provisions of California Constitution Article XIIID (Proposition 218); and WHEREAS, the City Council following notice duly given, has held a full and fair Public Hearing on April 13, 2000, regarding the formation of the District, the annexation of said District into the Consolidated District, the Engineer's Report prepared in connection therewith, and considered all oral and written statements, protests and communications made or filed by interested persons regarding these matters, pursuant to the Act; and has conducted property owner protest proceedings relating to the District, assessments and assessment range Page 1 of 5 . RESOLUTION: 00-45 formula described in the Engineer's Report related thereto in accordance with the provisions of the California Constitution Article XIIID;and, NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS: Section 1: The preceding recitals are true and correct. Section 2: The City Council upon the conclusion of the noticed Public Hearing has tabulated the property owner protest ballots returned, and received weighted according to the proportional financial obligation of each affected property ("Weighted Assessment Ballots"). Based on this tabulation, the City Council finds the record owners of property within the District, or others authorized to submit assessment ballots, have approved the proposed assessment, the assessment range formula connected therewith, and the levy and collection of assessments as described in the Engineer's Report. Section 3: Furthermore, the City Council finds that written majority protest does not exist, pursuant to the provisions of the Act (Chapter 2, Article 1, Sections 22593 and 22594). Section 4: The City Council desires to levy and collect assessments against parcels of land within the District or Consolidated District Zone for the fiscal year commencing July 1, 2000 and ending June 30, 2001, to pay the costs and expenses of operating, maintaining and servicing the landscaping, lighting and appurtenant facilities located within public places within the District. Section 5: The City Council has carefully reviewed and examined the Engineer's Report in connection with the District, and the levy and collection of assessments. Based upon its review (and amendments, as applicable) of the Engineer's 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 territory of land within District and/or Consolidated District Zone will receive special benefits from the operation, maintenance and servicing of the landscaping, lighting and appurtenant facilities and improvements related thereto. b. District and/or Consolidated District Zone includes all of the lands so benefited; and Page 2 of 5 RESOLUTION: 00-45 c. The net amount to be assessed upon the lands within the District and/or Consolidated District Zone, in accordance with the proposed budget for the fiscal year commencing July 1, 2000 and ending June 30, 2001 is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefits to be received by each parcel from the improvements and services and is satisfied that the assessments are levied without regard to property valuation. Section 6: The Engineer's Report, assessments and assessment range formula as presented to the City Council and on file in the office of the City Clerk are hereby confirmed as filed. Section 7: The City Council hereby orders the formation of the District and the annexation of said District and territory into the Consolidated District commencing with Fiscal Year 2000/2001. Section 8: The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as the operation, administration, maintenance and servicing of all improvements and appurtenant facilities and expenses associated with the District that were installed as part of the development known as Sandpiper Court — Tract 27370-00 and that will be maintained by the City of Palm Desert through annual assessments, namely: • Parkway and perimeter landscaping adjacent to the development on the south side of Hovley Lane West (Assessor's Parcel Numbers 622-340-056 and 622-340-057); • Landscaping associated with the dry-well retention basin area at the south end of Sandpiper Court (Assessor's Parcel Number 622-340-047); • Street Lighting located at the entrance to the development at the corner of Hovley Lane West and Sandpiper Court; • Entryway monument, blockwalls, irrigation systems, drainage systems and electrical facilities associated with the landscaping and lighting improvements identified above. Section 9: The maintenance, operation and servicing of the landscaping and lighting improvements 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 • Page 3 of 5 ESOLUTION: 00-45 collection by the County, the net amount of the levy shall be paid to the City Treasurer. Section 10: The City Treasurer shall deposit all money representing assessments collected by the County for the District to the credit of a fund for the "Sandpiper Court Landscaping and Lighting District", and such money shall be expended only for the maintenance, operation and servicing of the landscaping and lighting improvements and appurtenant facilities as described in Section 8. Section 11: The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing July 1, 2000 and ending June 30, 2001. However, the assessments so approved, may be reduced by the City Council for Fiscal Year 2000/2001 during the annual Public Hearing for the Consolidated District, at which time all annual landscaping and lighting district assessments are reviewed and approved for the fiscal year. Section 12: The City Clerk is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution. Page 4 of 5 ESOLUTION: 00-45 PASSED, APPROVED, AND ADOPTED this 13th day of April 2000. STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss. CITY OF PALM DESERT I Acting , 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 , 2000 by the following vote: AYES: NOES: ABSENT: ABSTAINED: Mayor, Buford Crites City of Palm Desert Rachelle D. Klassen, Acting City Clerk City of Palm Desert Page 5 of 5