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Home My WebLink AboutCC RES 98-016RESOLUTION NO. 98-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENTION TO FORM THE LA PALOMA II LANDSCAPING AND LIGHTING DISTRICT; AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERTO; AND THE CONCURRENT ANNEXATION OF SAID TERRITORY INTO ZONE 6 OF THE PALM DESERT CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 1998/99; AND CALLING A PROPERTY OWNER PROTEST PROCEEDING TO SUBMIT TO THE QUALIFIED PROPERTY OWNERS WITHIN SAID DISTRICT THE QUESTION OF LEVYING SUCH ASSESSMENTS AND ESTABLISHING AN ASSESSMENT RANGE FORMULA FOR SAID DISTRICT The City Council of the City of Palm Desert, California (hereafter referred to as the "City Council") does resolve as follows: WHEREAS, The City Council has, by previous Resolution, initiated proceedings for the formation of the La Paloma II 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"), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 1 S of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the "Act"), that provides for the combined annexation and formation of an assessment district pursuant to Chapter 2 Article 2 and the levy and collection of assessments by the County of Riverside for the City of Palm Desert to pay the maintenance and services of landscaping, lighting and all appurtenant facilities and operations related thereto; and, WHEREAS, the City Council desires to form the District and levy and collect annual assessmenu against lots and parcels of land within the proposed District to pay the annual cost and expenses of the improvements described in Section 3 of this Resolution, and concurrently annex said territory into the Consolidated District; commencing in Fiscal Year 1998/99 (starting July 1, 1998 and ending June 30, 1999�; and, WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk a report in connection with the proposed annexation, formation and levy and collection of assessments against parcel of land within the District for Fiscal Year 1998/99 in accordance with Chapter 1, Article 4 of the Act, and the Council did by previous Resolution approve such report; and, NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS: RESOLDTION N0. 98-16 Section 1 Intention: The City Council hereby declares that it is its intention to form the District and levy and collect annual assessments against parcels of land within the District; and '� concurrently annex said territory into the Consolidated District as part of Zone 6(Hovley Lane) commencing Fiscal Year 1998194. The territory included within the District and „r, annexation as described in Section 4 shall be designated as the "La Paloma II Landscaping and Lighting District," and shall be designated in the Consolidated District as: "Hovley Lane Zone 6—La Paloma II." ection 2 Calling a Pro�ertx Owner Protest Proceedin� The City Council has determined at this time to call a property owner protest proceeding therein to authorize the formation of the District, the annexation of said territory into the Consolidated District, the levy of the assessments (as such assessments is more particularly outlined in the Report), and the proposed assessment range formula. The City Council finds that the public's best interest requires such action and levy of assessments. Section 3 Description of �roposed im_provements: The improvements within the District include the operation, maintenance and servicing of the improvements associated with the La Paloma II development: including the parkway landscaping (approximately 5,340 square feet), masonry wall and entryway monument along Hovley Lane; the landscaped dry well retention basin (approximately 0.14 acres); and street lighting installed as part of the subdivision. Section 4 Boundaries and Desi�nation: The District consists of all territory (lots and parcels) � located in the La Paloma II development project. The Project includes sixteen (16) proposed single family residential assessable parcels. The territory is within the City of Palm Desert, r•r �vithin the County of Riverside, State of California. The proposed district is designated as: "La Paloma II Landscaping and Lighting District," and shall be designated in the Consolidated T7istrict as: "Hovley Lane Zone 6—La Paloma II." Section 5 Pronosed Assessment Amounts: The proposed assessments for the District and subsequent zone within the Consolidated District is outlined in the Engineer's Report which details the proposed assessments necessary to provide for the annual operation, services and maintenance of the improvements described in Section 4 of this resolution. In subsequent years, the City Council will hold a Public Hearing for the Consolidated District andlor District prior to approving the annual levy of assessments for the upcoming fiscal year. Any increase to the annual assessment outlined in this Engineer's Report shall be subject to the laws and procedures required at the time of the increased assessment. An increased assessment is defined as an assessment that is greater than the assessment plus the annual inflationary adjustment approved by the property owners and outlined in this Engineer's Report. Pursuant to existing law (California Constitution Article X�) an increased assessment requires approval of that increase by the property owners through protest ballot proceedings. Section 6 Public Hearine(s): The City Council hereby declares its intention to conduct a � Public Hearing concerning the formation of the District, and concurrent annexation of ,� 2 RESOLUTION N0. 98-16 territory into the Consolidated District, and the levy of assessments for the improvements in accordance with Chapter 2, Article 1, Section 22587 (e� of the Act. Section 7 Notice: The City Clerk shall cause notice to be given of the time and place of the Public Hearing by causing the publishing of this Resolution once in the local paper for two consecutive weeks not less than ten (10) days before the date of the hearing and by posting a copy of this Resolution on the official bulletin board customarily used by the City Council for the posting of notices. Section 8 Time of Public Hearing: Notice is hereby given that a Public Meeting and Hearing on these matters will be held by the City Council on Thursda,y March 26, 1998 at 7:00 p.m., (Public Meeting� and Thursday April 9, 1998 at 7:00 p.m. (Public Hearing� or as soon thereafter as feasible in the regular meeting chambers of the City Council located at 73-510 Fred Waring Drive, Palm Desert, California. Property owners subject to an assessment will be mailed a protest ballot for the proposed levy of assessmenu and the assessment range formula, as well as a notice of the Public Hearings regarding the formation of the District and annexation to the Consolidated District. Completed ballots must be received by the City Clerk 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 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 su�cient to identify the property owned by such properry owner. At the meeting and the hearing, all interested persons shall be afforded the opportunity to hear and be heard. Section 9 The property owner protest proceeding for the District and authorization of the levy of assessmenu and of establishment of the assessment range formula consists of a ballot and notice distributed by mail to the landowners of record within the District as of the close of the Intent Meeting; pursuant to Proposition 218 (now California Constitutional Articles XIIIC and X�, hereafter referred to as the "Initiative"), and required by the Brown Act. Each landowner may return the ballot by mail or in person to the City Clerk not later than the conclusion of the Public Hearing on ThursdaX April 9, 1998 . At the Public Hearing, pursuant to Section 4, Sub-Section 4(e) of the Initiative, the City shall tabulate the ballots returned to determine if a majority protest e�cits. The ballots shall be weighted according to the proportional financial obligation of the affected property. A majority protest e�usts if, upon the conclusion of the hearing, ballou submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. Section 10 The City Clerk or their designee is hereby authorized and directed to give notice of such hearing as provided by law and to mail assessment protest ballots to each property owner of record subject to an assessment, pursuant to California Constitution Article X�. � 3 RESOLU'TION NO. 98-16 ^ PASSED, APPROVED, AND ADOPTED this 12TH day of �BRII�y , 1998. �'4'� � , JEAN M. BENSON Palm Desert�l , i City Clerk, s� R. City of Palm Desert STATE OF CAL]FOItNIA) COUNTY OF RIVERSIDE) ss. CITY OF PALM DESER'I� � � �.. I, SHEILA R. GILLIGAN , City Clerk of the City of Palm Desert, County of Riverside, State of California do hereby certify that the foregoing Resolution No. 98-16 was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of said council held on the 12� day of �BRII�Y , 1998 by ^ the following vote: r..► A�$; CRITES, FERGIISON, KELLY, BENSON NOES: xor� ABSENT: SPIEGEL ABSTAINED: xorrE _ � .rr 4 City of Palm Desert