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Home My WebLink AboutCC RES 97-036RESOLUTION NO. 97-36 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 LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT AND CALLING A PROPERTY OWNER PROTEST PROCEEDING TO SUBMIT TO THE QUALIFIED PROPERTY OWNERS WITHIN SUCH DISTRICT THE QUESTION OF LEVYING SUCH ASSESSMENTS FOR SUCH DISTRICT, FISCAL YEAR 1997/98 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 Landscape and Lighting Maintenance Assessment District (hereafter referred to as the "District"), and initiated proceedings for Fiscal Year 1997/98, pursuant to the provisions of the Landscape 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, the City Council has retained MuniFinancial, Inc. 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, NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, PURSUANT TO CHAPTER 3, SEC7ION22624 OF THE ACT, AS FOLLOWS: Section 1 Intention: The City Council hereby declares that it is its intention to seek the Annual Levy of 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 of the improvements. The City Council has determined at this time to call a property owner protest proceeding therein to authorize the levy of the assessments (as such assessments is more particularly outlined in the Report) to pay the costs and expenses of the improvements described in Section 5 of this Resolution. The City Council finds that the public's best interest requires such levy and collection. Section 2 Calling a �2cci l pro in Pursuant to Section 4, Sub -Section 4 (c) of Proposition 218, now California Constitutional Articles XMC and XIED, (hereafter referred to as the "Initiative") approved by the California voters in November 1996, a property owner protest .-:SOLUTION NO. 97-36 proceeding is hereby called on behalf of the District on the proposition of levying assessments on the property within the District. Section 3 The property owner protest proceeding for the District on the proposition of authorizing the levy of the assessments, pursuant to Section 4, Sub -Section 4 (c and d) of the Initiative consists of a ballot, included with the mailed notice required by the Brown Act, distributed by mail, to the property owners of record within the District as of the close of the Intent Meeting. Each property owner's vote is weighted by the amount of their assessment and may return the ballot by mail or in person to the City Clerk not later than the conclusion of the Public Hearing on July 10, 1997. At the Public Hearing, pursuant to Section 4, Sub -Section 4 (e) of the Initiative the agency shall tabulate the ballots to determine if a majority protest exits. The ballots shall be weighted according to the proportional financial obligation of the affected property. A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. Section 4 Boundaries and Designation: The boundaries of the District are described as the boundaries previously defined in the formation documents of the original District. The District includes fourteen (14) Benefit Zones and ten (10) sub zones: Presidents Plaza (Zone 1); 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, and La Paloma; Waring Court (Zone 7); Palm Gate (Zone 8); The Grove (Zone 9); Dinah Shore Medians (Zone 10); Portola Place (Zone 11); Oasis to Washington (Zone 12); Palm Desert Country Club (Zone 13); and K & B at Palm Desert (Zone 14). The District is designated as "Consolidated Palm Desert Landscape and Lighting Maintenance Assessment District." Section 5 Description of Improvements: 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 Engineer's Annual Levy Report describes all new improvements or substantial changes in existing improvements. Section 6 Proposed Assessment Amounts: For Fiscal Year 1997/98, the proposed assessments are outlined in the Engineer's Annual Levy Report which details any changes or increases in the annual assessment. Section 7 Public Hearine(s): The City Council hereby declares its intention to conduct a Public Meeting and a Public Hearing annually concerning the levy of assessments for the District in accordance with Chapter 3, Section 22626 of the Act. Section 8Notice. The City shall give notice of the time and place of the Public Meeting and 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 -2- ,:ESOLDTION NO. 97-36 bulletin board customarily used by the Council for the posting of notices. Property owners will be provided a mailed protest ballot to vote on the proposed assessment. Ballots must be received prior to the conclusion of the Public Hearing, at which they will be tabulated. Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, or, having previously filed a protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and a protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the meeting and the hearing, all interested persons shall be afforded the opportunity to hear and be heard. Section 9 Notice Of Public Hearing. Notice is hereby given that a Public Meeting and Hearing on these matters will be held by the City Council on Thursday Tune 12. 1997 (Public Meeting) and Thursday July 10. 1997 (Public Hearing) at 7:00 EaL, 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 10 The City Clerk is hereby authorized and directed to give notice of such hearing as provided by law. QcE RESOLUTION NO. 97-36 PASSED, APPROVED, AND ADOPTED this 8th day of May , 1997. k-4 May City of Palm Desert City Clerk J City of Palm Desert STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF PALM DESERT ) I, Sheila Gilligan , City Clerk of the City of Palm Desert, County of Riverside, State of California do hereby certify that the foregoing Resolution No. 97-36 was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of said council held on the 8th day of May , 1997 by the following vote: AYES: BENSON, CRITES, SNYDER, SPEIGEL, KELLY NOES: NONE NONE ABSENT: ABST. NONE -4- City Clerk City of Palm Desert