HomeMy WebLinkAboutRes 02-35, 02-36, 02-38 and 02-39 Consolidated Palm Desert LLD FY 2002-2003 Resolution No. 02-35
Resolution No. 02-36
Resolution No. 02-38
Resolution No. 02-39
CITY OF PALM DESERT
DEVELOPMENT SERVICES
STAFF REPORT
TO: Honorable Mayor and City Council
REQUEST:
1. APPROVAL TO INITIATE PROCEEDINGS TO LEVY AND
COLLECT ASSESSMENTS FOR THE CONSOLIDATED PALM
DESERT LANDSCAPING AND LIGHTING DISTRICTS.
2. APPROVAL OF THE CONSOLIDATED PALM DESERT
LIGHTING AND LANDSCAPING DISTRICT PRELIMINARY
ENGINEERS REPORT FOR FISCAL YEAR 2002/2003;
3. APPROVAL DECLARING THE CALLING FOR A PROPERTY
OWNER PROTEST BALLOT PROCEEDING FOR ALL
ASSESSMENT DISTRICT INCREASES.
4. APPROVAL ORDERING THE LEVY AND COLLECTION OF
ASSESSMENTS WITHIN THE CONSOLIDATED PALM
DESERT LANDSCAPING AND LIGHTING DISTRICT.
DATE: May 9, 2002
CONDITIONS: Resolution No. 02-35
Resolution No. 02-36
Resolution No. 02-38
Resolution No. 02-39
Recommendation: Waive further reading and adopt:
1. Resolution No.02-35 , initiating proceedings for the levy and collection of
assessments for the Consolidated Palm Desert Landscaping and Lighting
District for Fiscal Year 2002/2003.
2. Resolution No. 02-36 , approving the preliminary Engineer's Report
regarding the proposed levy and collection of assessments for the
Consolidated Palm Desert Landscaping and Lighting District, Fiscal Year
2002-2003.
3. Resolution No. 02-18 , declaring the intention to levy and collect
assessments for the Consolidated Palm Desert Landscaping and Lighting
District and calling for a property owner protest ballot proceeding for all
proposed assessment increases for Fiscal Year 2002/2003.
4. Resolution No. 02-39, ordering the levy and collection of assessments within the
consolidated Palm Desert Lighting and Landscape District for Fiscal Year
2002/2003.
Background:
This item was continued from April 25, 2002, to allow staff to re-evaluate the preliminary
engineer's report as it pertains to proposed renovation costs within each district. Staff
has removed all renovation costs that were included in 10 out of 28 district budgets.
Attached is a summary of all the districts that previously included renovations to their
district. The revised preliminary engineer's report eliminates all renovation costs and
addresses only the yearly maintenance, utility and administration costs for each district.
Staff will work with those individual lighting and landscape districts that request
modifications to their existing landscaping and wish to create a more water efficient
landscape. Any modifications would be considered as part of a separate ballot.
The attached resolutions are required to initiate the proposed increases to the various
Palm Desert Lighting and Landscaping Districts and to approve the preliminary engineer
report for the Consolidated Palm Desert Lighting and Landscape Districts for FY 02/03.
The resolutions also initiate the proceedings calling for a property owner protest ballot
for all the proposed assessment increases.
In March of 2002, staff met with all the assessment district groups and presented the
proposed increases. Staff has also sent out a mailing describing the modifications to
each of the assessment districts and their options. If the above resolutions are
approved, ballots will be mailed to each of the property owners and the tabulation of the
ballots will take place at the scheduled public hearing on June 27, 2002.
Development Services staff recommends the City Council adopt the resolutions.
Submitted
M TIN ALVAR Z
SENIOR MANAGEME ANALYST
REVI D AND O CUR:
I RD J. ' O ERS, P.E.
ASSISTANT _ Y MANAGER FOR DEVELOPMENT SERVICES
REVIEWED AND CONCUR:
CARLOS L. ORTEGA DIRECTOR OF FINANCE
CITY MANGER
2
Palm Desert Consolidated Lighting and Landscape District
FY 02/03
Summary of Deleted Renovations Costs
Desert Mirage $5,000
Monterey Meadows $300
Hovley Estates $940
Sonata I $4,000
Sonata II $4000
Hovley Collection $1,347
La Paloma I $660
Palm Gate $3,118
Palm Desert Country Club $197
Kaufman & Broad $10,000
* Adopted Resolution Nos. 02-35, 02-36,
02-38, and 02-39, as amended to reflect
setting the public hearing for July 11,
2002, at 4:00 p.m. , and with staff's CITY COUNCI,WCTION:
understanding that they are to providaPPROVED, DENIED
affected property owners with RECEIVED_ OTHER
sufficient information on what MEETING DATE .57 _o alternatives existed in order that A `
% . �� A� 0�.� �`•m� u,AYE"; _�-,:.. ., ��� ice._
they may cast their ballots NOES: 44 44
accordingly. ABSENT: gcriVC
ABSTAIN: �.
VERIFIED BY: i'C'' ift){h1
Original on File wdkh tCity Clerk' s Office
Resolution No. 02-35
Resolution No. 02-36
Resolution No. 02-38
Resolution No. 02-39
.��'—�•; CITY OF PALM DESERT
r DEVELOPMENT SERVICES
%• , 4tto4,; EXECUTIVE SUMMARY
To: Honorable Mayor and City Council Members
From: Martin Alvarez, Senior Management Analyst
Date: May 2, 2002
REQUEST: Approval initiating proceedings to increase assessment district levies
BACKGROUND:
This item was continued from April 25, 2002, to allow staff to re-evaluate the Preliminary Engineer's
Report as it pertains to proposed renovation costs within each of the landscape and lighting
districts. Staff has removed all renovation costs that were included in the Preliminary Engineer's
Report. Attached is a summary of all the districts that previously included estimated renovation
cost to their district.
The revised Engineer's Report identifies each property's annual cost in maintaining the existing
landscape maintenance, utility and administration costs.
If City Council approves the attached resolutions:
1. The City will approve the preliminary Engineer's report without any renovation costs.
2. The City Council will call for a property owner's vote within each district on the annual cost
to maintain their existing landscaping and lighting for FY 02/03.
3. The City will send out ballots to all the affected property owners by May 27, 2002, 45 days
prior to the July 11, 2002, public hearing.
If the property owners vote to deny the new levies, the City will face the following options:
• A decrease in the level of service to reflect each district's current levy. This option most
likely will result in deterioration of the existing landscape due to minimal maintenance.
• Continue to subsidize the cost of maintenance and administration of the districts from the
City's General Fund at an estimated $140,000.
If the City is faced with one of the two above options, staff recommends that the level of service be
reduced to match the current levy collected. This would not include any additional contribution from
the City General Fund.
RECOMMENDATION:
Development Services staff recommends the City Council adopt the resolutions.
4. Resolution No. 02-35
Resolution No. 02-36
Resolution No. 02-38
Resolution No. 02-39
Submitted b •
041
MART ALVAREZ
SENIOR MANAGEMENT ANALYST
Reviewed nd Con r•
RI ARD J. F L ERS, P.E.
ASSISTANT MANAGER FOR DEVELOPMENT SERVICES
Reviewed and Concur:
CARLOS L. TEGA PAUL GIBSON
CITY MANAGER FINANCE DIRECTOR
Levy Summary
Consolidated Landscape & Lighting District
(Fiscal Year 2002-2003)
Designation District EDU's* Existing Proposed Levy** Variance**
Zone Name Levy**^ (no renovation costs)
Zone 2 Canyon Cove 222 $ 82.24 $ 82.24 $ -
Zone 3 Vineyards 133.2 $ 36.55 $ 59.16 $ 22.61
Zone 4 Parkview Estates 172 $ 20.63 $ 22.92 $ 2.29
Zone 5 Cook&Country Club:
Sub-zone DM Desert Mirage Turf 29 $ 69.46 $ 538.40 $ 468.94
Sub-zone SC Sandcastles 41 $ 37.13 $ 48.36 $ 11.23
Sub-zone PR Primrose 2 37 $ 106.54 $ 162.70 $ 56.16
Zone 6 Hovley Lane:
Sub-zone MM Monterey Meadows 40 $ 82.48 $ 212.62 $ 130.14
* Sub-zone HG The Glen 16 $ 137.57 $ 627.38 $ 489.81
Sub-zone HE Hovley Estates 16 $ 249.98 $ 630.20 $ 380.22
Sub-zone S1 Sonata 1 16 $ 133.58 $ 707.20 $ 573.62
Sub-zone S2 Sonata 2 94 $ 44.79 $ 224.06 $ 179.27
Sub-zone HC Hovley Collection 38 $ 120.09 $ 391.94 $ 271.85
Sub-zone L1 La Paloma 1 16 $ 192.93 $ 523.60 $ 330.67
Sub-zone L2 La Paloma 2 16 $ 362.99 $ 528.08 $ 165.09
Sub-zone L3 La Paloma 3 15 $ 264.63 $ 405.84 $ 141.21
Sub-zone SP Sandpiper Court 16 $ 342.88 $ 468.88 $ 126.00
Sub-zone SW Sandpiper West 16 $ 342.88 $ 475.10 $ 132.22
Sub-zone HW Hovley West 16 $ 279.57 $ 380.20 $ 100.63
Sub-zone DB DiamondbackTM' 20 $ 354.48 $ 354.48 $ (0.00)
Sub-zone PC Palm Court" 20 $ 354.48 $ 354.48 $ -
Zone 7 Waring Court Turf 16 $ 406.08 $ 726.60 $ 320.52
Zone 8 Palm Gate 37 $ 67.35 $ 217.32 $ 149.97
Zone 9 The Grove 105 $ 156.05 $ 198.46 $ 42.41
Zone 11 Portola Place 23 $ 183.64 $ 335.30 $ 151.66
Zone 13 Palm Desert Country Club 2260.68 $ 27.08 $ 21.68 $ (5.40)
Zone 14 K& B @ Palm Desert 163 $ 55.75 $ 141.78 $ 86.03
Zone 15 Canyon Crest 67 $ 146.52 $ 129.70 $ (16.82)
Zone 16 Shepherd Lane" 171 $ 489.66 $ 241.22 $ (248.44)
* Equivalent Dwelling Units ^ 3.00%CPI Applied
** Levy per parcel AA new development
g:publicworks/spencerknight/mydocuments/assessmentdist cts/Lery Summary FY 02-03 5/8/02
05/08/2002 08: 36 7607765842 BESSE PAGE 01
RECEIVED
CITY CLERK'S OFFICE
PALM DESERT, CA
40685 Cabana Court
2002 MAY -8 AM I I: I I Palm Desert, CA 92260
May 5, 2002
Mr. Jim Ferguson, Mayor of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
Dear Mayor Ferguson:
Thank you for the consideration of my April 11, 2002 City Council meeting
presentation and the subsequent correspondence from Mr. Alvarez in regard to
assessment districts and Sonata II in particular. I have been out of the State for
the past two weeks.
I had hoped that the City would present a plan for Sonata I I that would
remove the grass along ►iovley Lane West and replace it with rocks. That would
probably reduce the water bill by two-thirds. This would be amortized over five
years with the City paying half and the homeowners paying half. Then you
would turn off the two street lights on Hovley Lane West or the City would pay
for them. We homeowners in Sonata II get no benefit from these lights, but they
do contribute to the overall safety of Palm Desert. I could probably force myself
to vote for a plan like that, but never for such a huge increase from $44.65 per
year to $284.04 per year.
Very truly yours,
William G. Besse
QC: Mr. Martin Alvarez
Received May-08-02 08:3Tem From-7607765842 To—PALM DESERT CITY CLE Page 01
RESOLUTION NO. 02-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, INITIATING PROCEEDINGS FOR THE LEVY AND
COLLECTION OF ASSESSMENTS FOR CONSOLIDATED PALM DESERT
LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR 2002/03, PURSUANT
TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA
STREETS AND HIGHWAYS CODE
The City Council of the City of Palm Desert (hereafter referred to as the "City Council") does resolve as
follows:
WHEREAS, The City Council through previous resolutions has formed and levied annual
assessments for the Consolidated Palm Desert Landscaping and Lighting District (hereafter referred to as
the"District"), pursuant to the provisions of the Landscaping and Lighting Act of 1972,Part 2,Division 15
of the California Streets and Highways Code(commencing with section 22500) (hereafter referred to as the
"Act") that provides for the collection of assessments by the County of Riverside for the City of Palm
Desert to pay the maintenance and services of all improvements and facilities related thereto; and,
WHEREAS, the City Council has retained MuniFinancial for the purpose of assisting with the
Annual Levy of the District, to prepare and file an Engineer's Annual Levy Report (hereafter referred to
as the "Report") with the City Clerk in accordance with the Act; and,
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE
CITY COUNCIL FOR THE DISTRICT, PURSUANT TO CHAPTER 3, SECTION
22624 OF THE ACT, AS FOLLOWS:
Section 1 The City Council hereby orders MuniFinancial to prepare and file with the City Clerk
the Engineer's Annual Levy Report concerning the levy of assessments for the District for the fiscal year
commencing July 1, 2002 and ending June 30, 2003 in accordance with Chapter 3, Section 22622 of the
Act.
Section 2 The improvements within the District include: turf, ground cover, shrubs and trees,
irrigation systems, street lighting, water features, entry monuments,drainage systems and all appurtenant
facilities and operations related thereto. The Annual Levy Report describes all new improvements or
substantial changes in existing improvements.
1
RESOLUTION NO. 02-35
PASSED, APPROVED, AND ADOPTED THIS 9th DAY OF May , 2002.
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss.
CITY OF PALM DESERT)
Richard Kelly, Mayor
City Council
I, , City Clerk of the City of Palm
Desert, County of Riverside, State of California do hereby certify that the foregoing
Resolution No. 02-35 was regularly adopted by the City Council of said City of
Palm Desert at a regular meeting of said council held on the 9th day of
May , 2002, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Rachelle Klassen, Deputy City Clerk
City of Palm Desert
2
RESOLUTION NO. 02-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, FOR PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT
REGARDING THE PROPOSED LEVY AND COLLECTION OF ASSESSMENTS
FOR THE CONSOLIDATED PALM DESERT LANDSCAPING AND LIGHTING
DISTRICT, FISCAL YEAR 2002/03
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 provisions of the Landscaping and Lighting Act of
1972(commencing with Section 22500)of Division 15 of the California Streets and Highways Code(hereafter
referred to as the"Act") did by previous Resolution, order the preparation of an Engineer's Annual Levy
Report (hereafter referred to as the "Report") for the District known and designated as the Consolidated
Palm Desert Landscaping and Lighting District (hereafter referred to as the"District"); and,
WHEREAS, there has now been presented to this City Council the Report as required by
Chapter 1,Article 4,Section 22566 of said Act; and,
WHEREAS, this City Council has carefully examined and reviewed the Report as presented,
and is preliminarily satisfied with the District, each and all of the budget items and documents as set
forth therein, and is satisfied that the levy amounts, on a preliminary basis, have been spread in
accordance with the special benefit received from the improvements, operation, maintenance and
services to be performed within the District, 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 true and correct.
Section 2 The Report as presented, consists of the following:
a) A Description of Improvements.
b) The Annual Budget (Costs and Expenses of Services, Operations and
Maintenance)
c) A Description of the Method of Apportionment resulting in an Assessment
Rate per Equivalent Dwelling Unit.
and is hereby approved on a preliminary basis, and ordered to be filed in the Office of
the City Clerk as a permanent record and to remain open to public inspection.
1
TI RESOLU ON NO, 02-36
Section 3 That the City Clerk shall certify to the passage and adoption of this Resolution and
the minutes of this meeting shall so reflect the presentation of the Report.
PASSED, APPROVED, AND ADOPTED THIS 9th DAY OF May , 2002.
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss.
CITY OF PALM DESERT)
Richard Kelly, Mayor
City Council
I, , City Clerk of the City of Palm
Desert, County of Riverside, State of California do hereby certify that the foregoing
Resolution No. 02-36 was regularly adopted by the City Council of said City of
Palm Desert at a regular meeting of said council held on the 9th day of
May , 2002, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Rachelle Klassen, DEPUTY CITY CLERK
City of Palm Desert
2
1
RESOLUTION NO. 02-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DECLARING ITS INTENTION FOR THE LEVY AND
COLLECTION OF ASSESSMENTS FOR THE CONSOLIDATED PALM DESERT
LANDSCAPING AND LIGHTING DISTRICT AND CALLING FOR A PROPERTY
OWNER PROTEST BALLOT PROCEEDING FOR ALL PROPOSED ASSESSMENT
INCREASES IN ANY OF SAID ZONES FOR FISCAL YEAR 2002/03
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 formed the Consolidated Palm
Desert Landscaping and Lighting District (hereafter referred to as the "District"), and initiated
proceedings for Fiscal Year 1999/2000, pursuant to the provisions of the Landscaping and Lighting Act of
1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with section 22500)
(hereafter referred to as the "Act") that provides for the levy and collection of assessments by the County
of Riverside for the City of Palm Desert to pay the maintenance and services of all improvements and
facilities related thereto; and,
WHEREAS, all assessments for the District were previously approved in accordance with the
requirements of the California State Constitution,Article XIIID; and,
WHEREAS, the City Council has retained MuniFinancial for the purpose of assisting with the
Annual Levy of the District, and to prepare and file an Engineer's Annual Levy Report with the City
Clerk in accordance with the Act; and,
WHEREAS,there has now been presented to this City Council a Preliminary Engineer's
Report (hereafter referred to as the "Engineer's Report"); and,
WHEREAS,the City Council has carefully examined and reviewed the Engineer's Report as
presented, and is satisfied with the District, each and all of the budget items and documents as set forth
therein, and is satisfied that the proposed assessments contained therein, have been spread in
accordance with the benefits received from the improvements, operation, maintenance and services to
be performed within the District, as set forth in said Report; and,
WHEREAS, the City Council has determined that in order to maintain a satisfactory level of
maintenance, service, and benefit to properties within the Zones an increased assessment will be
necessary for several Zones, and that said increase must be approved by the property owners in
accordance with the requirements of the California Constitution, Articles XIIID.
1
RESOLUTION NO. 02-38
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE
CITY COUNCIL FOR THE DISTRICT, PURSUANT TO CHAPTER 3, SECTION
22624 OF THE ACT, AS FOLLOWS:
Section 1 The above recitals are true and correct.
Section 2 Intention: The City Council hereby declares its intention to seek the annual levy and
collection of assessments within the District pursuant to the Act, over and including the
land within the District boundary, and to levy and collect assessments on all such land to
pay the annual costs and expenses of the improvements and services described in Section
4 of this Resolution, for Fiscal Year 2002/03. The City Council further declares its
intention to conduct a property owner protest ballot proceeding for all proposed
increased assessments in accordance with the requirements of the California
Constitution,Articles MD.
Section 3 Boundaries and Designation: The description of the District boundary and the Zones
therein are outlined in the Engineer's Report and by reference is made part of this
Resolution. The District includes twelve (12) Benefit Zones and thirteen (13) sub zones:
Canyon Cove (Zone 2); Vineyards (Zone 3); Parkview Estates (Zone 4); Cook and
Country Club (Zone 5) sub zones are Desert Mirage, Sandcastles, and Primrose 2;
Hovley Lane (Zone 6) sub zones are Monterey Meadows, The Glen, Hovley Estates,
Sonata 1, Sonata 2, Hovley Collection, La Paloma I, La Paloma II, La Paloma III,
Sandpiper Court, Sandpiper West and Hovley Court West; Waring Court (Zone 7);
Palm Gate (Zone 8);The Grove (Zone 9);Portola Place (Zone 11);Palm Desert Country
Club (Zone 13); K & B at Palm Desert (Zone 14); and Canyon Crest (Zone 15). The
District is designated as"Consolidated Palm Desert Landscaping and Lighting District."
Section 4 P
Description of Improvements: The improvements within the District include: turf,
P P
ground cover, shrubs and trees, irrigation systems, street lighting, water features, entry
monuments, drainage systems and all appurtenant facilities and operations related
g Y PP P
thereto. The Engineer's Annual Levy Report describes all new improvements or
substantial changes in existing improvements.
Section 5 Proposed Assessment Amounts: The assessments outlined in the Engineer's Annual
Levy Report identify a proposed maximum assessment increase for the following
Zones and Sub-zones:
Zone#3— Vineyards
Zone#4— Parkview Estates
Zone#5— Cook and Country Club (all existing Sub-zones)
Zone#6— Hovley Lane (all existing Sub-zones within Hovley Lane)
Zone#7— Waring Court
Zone#8— Palm Gate
2
•
RESOLUTION NO. 02-38
Zone#9— The Grove
Zone#11— Portola Place
Zone#14— K&B at Palm Desert
As such,the proposed assessment increase for properties within these Zones and/or Sub-
zones will be submitted to the property owners for approval as required by the
California Constitution, Articles XIIIC and XIIID, before the assessment increase may
be imposed. All other Zone assessments are within the limits previously approved and
do not constitute an increase, and do not require property owner balloting for the
proposed assessment to be levied.
Section 6 Public Hearing(s): The City Council hereby declares its intention to conduct a Public
Hearing annually concerning the levy of assessments for the District in accordance
with Chapter 3,Section 22626 of the Act.
Section 7 Notice: The City shall give notice of the time and place of the Public Hearing to all
property owners within the District by causing the publishing of this Resolution once
in the local newspaper for two consecutive weeks not less than ten (10) days before the
date of the public hearing, and by posting a copy of this resolution on the official
bulletin board customarily used by the Council for the posting of notices. The City
shall mail by first class mail a notice of the Public Hearing and property owner protest
ballots to all property owners subject to a new or increased assessment, at least forty-
five days prior to the Public Hearing set by this City Council.
Section 8 Notice Of Public Hearing: Notice is hereby given that a Public Hearing on these
matters will be held by the City Council on Thursday July, 11, 2002 (Public
Hearing) at 4:00 P.M., or as soon thereafter as feasible in the City Hall (Council
Chambers),located at 73-510 Fred Waring Drive,Palm Desert, California, 92260-2578.
Section 9 The City Clerk is hereby authorized and directed to give notice of such hearing as
provided by law.
3
RESOLUTION NO. 02-38
PASSED, APPROVED, AND ADOPTED THIS 9th DAY OF May , 2002.
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss.
CITY OF PALM DESERT)
Richard Kelly, Mayor
City Council
I, , City Clerk of the City of Palm
Desert, County of Riverside, State of California do hereby certify that the foregoing
Resolution No. 02-38 was regularly adopted by the City Council of said City of
Palm Desert at a regular meeting of said council held on the 9th _ day of
May , 2002, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Rachelle Klassen, Deputy City Clerk
City of Palm Desert
4
RESOLUTION NO. 02-39
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 2002/03
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, 1999 and ending June 30, 2000; 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 1,2002 and ending June 30,2003,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,
WHEREAS, The City Council has previously conducted a property owner protest ballot
proceeding for all District assessments proposed to be levied for Fiscal Year 2002/03, and said
assessments are described in the approved Engineer's Annual Levy Report, and the assessments as
described comply with all applicable provisions of the California State Constitution Article XIIID.
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.
Page 1
RESOLUTION NO. 02-39
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 1,2002 and ending June 30,2003.
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 1,2002 and ending June 30,2003.
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
RESOLUTION NO. 02-39
PASSED, APPROVED, AND ADOPTED THIS 9th DAY OF May , 2002.
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss.
CITY OF PALM DESERT)
Richard Kelly, Mayor
City Council
I, , City Clerk of the City of Palm
Desert, County of Riverside, State of California do hereby certify that the foregoing
Resolution No. 02-39 was regularly adopted by the City Council of said City of
Palm Desert at a regular meeting of said council held on the 9th day of
May , 2002, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Rachelle Klassen,beguty City Clerk
City of Palm Desert
Page 3