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Home My WebLink AboutCC RES 99-026 : . ;= ' . ,.`. :_•-,. __ :".._._. . . --.. .-.. _-... _, . ..._ ._. _., .-_-__ ,.,, ..._ _.. . ... __ .. _ RESOLUTION NO. 99-26 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA ORDERING THE FORMATION OF THE CANYON CREST 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 1999/2000 WHEREAS, the City Council, desires to form the "Canyon Crest Landscaping and Lighting District" (hereafter referred to as the "District"), to concurrently annex said District and cerritory into che "Palm Desert Consolidated Landscaping and Lighting District", Zone 15 (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 1999/2000 to pay the costs and expenses of operating, maintaining and servicing the improvcments and appurtenant facilities related thereto, pursuant to the Landscaping and Ligl ti r .=1ct of 1972, Part 2 of Division 1 S of the Strcets and High ays Code of California, fi bi i ti rL with Section 22500 (hereafter referred to as the "Act"); and, .N. WHEREAS, the City Council did by previous resolutions initiate proceedings and declarc its intention to form the District; concurrently annex said District and territory into the Consoliciated District; and to levy and collected annual assessments for the purpose of operating, main iini ig and servicing the improvements related thereto, pursuant to the Act; and, WI EREAS, the Engineer selected by the City Council has prepared :ind filed with the City Clrrk, and the City Clerk has presented to the City Council an Engineer's Report that describes the District, the formation, anne:cation, and assessments against parcels of land withi i the District for the Fiscal Year commencing July 1, 1999, and ending June 30, ?000, pursuant to the provisions of the Act; and, WHEREAS, the City Council has caused notices and property owner assessment 6111ots to be mailed to all property owners of affected properties pursuant to the Act and in ''"'` accordance with the provisions of Proposition 218 (C.zliforni<z Constitrrtion Articles XIIIC and .XIIID); and i : , i i RESOLUTION: 99-26 WHEREAS, the City Council following notice duly given, has held a full and fair Public Meeting on February 11, 1999, and a full and fair Public Hearing on March 11, 1999, 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 formula described in the Engineer's Report related thereto in accordance with the provisions of the California Constitution Articles XIIIC and 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. Srctic�t� �: The Ciry 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 o62igation 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 :issessment, the lssessment range formula connected therewit6, and the levy and collection of assessments :u described in the Engineer's Report. Srction 3: Furthermore, the City Council finds that a written majority protest does not exist, pursuant to the provisions of the Act (Chapter 2, Article 1, Sections 22593 and 22594). `�ection 4: The City Council desires to (evy and collect assessments against parcels of land within the District or Consolidated District Zone for the fiscal year commencing July 1, 1999 and ending June 30, 1999, to pay the costs and expenses of operating, m�intaining and servicing the landscaping, lighting and appurtenant facilities loc�ted within public places in the District. 1'a�,r '_ ol� ; --- ---- — , -- -- - - - - - - � �- ��;:,....r,'-•-k...��.i: _ .,. . .,.•.-<:_. � ..:.. _ . .. .-.. __.. ,: �_ ...... .- ...._. . .-�- - ..r .__ .._ RESOLU'TION: 99-26 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 ... r.., 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, 1999 and ending June 30, 1999 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 liereby orders the formation of the District and the annexation of said District and territory into the Consolidated District commencing with Fiscal Year 1999/2000. 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 appurcenant facilities and expenses ,.�. associated with the District that were installed as part of the Canyon Crest development and that will be maintained by the City of Palm Desert through annual assessments, namely: ... f'a�_r 3 ut' i RESOLUTION: 99-26 � Parkway landscaping along the east side of Deep Canyon Road from Magnesia Falls (Whitewater River Channel), south to the end of the r"� development (approximately 100 feet north of Buttonwood Drive); • Perimeter landscaping along the Whitewater River Channel (the northern boundary of the development and District) from Deep Canyon Road eastward to the eastern boundary of the first phase Tract 25102-01, (approximately 675 linear feet); • Slopes, parkways, open space areas, retention basins or other landscaped areas within the subdivision that may be installed as part of the deveIopment and that will be maintained by the District; • Future perimeter landscaping along the Whitewater River Channel (the northern boundary of the development and District) from the eastern boundary of Tract 25102-01 eastward to Palm Desert High School, the western boundary of the District (approximately 6001inear feet). Section 9: The maintenance, operation and serviceng of the landscaping and appurtenant facilities shall be performed pursuant to the "Act" and the County Auditor of Rivcrside 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 che 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 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 "Canyon Crest Landscaping and Lighting District", and such money shall be expended only for the maintenance, operation and servicing of the landscaping and appurtenant facilities :u described in Seccion 8. Se�tion 11: The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing July 1, 1999 and ending June 30, 1999. However, the assessments so approved, may be reduced by the City Council for Fiscal Year 1999/2000 during the annual Public Hearing for the Consolidated District, at �vhich 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 Count}' Auditor upon adoPtion of this Resolution. I'aLc -1 ui S .- , RESOLUTION: 99-2b .�., .�,. s_ PASSED, APPROVED, AND ADOPTED this l lth day of March 1999. STATE OF CALIFORNIA COLTNTY OF RIVERSIDE ss. CITY OF PALM DESERT I, sheila 1t. Gi1l�gan , City Clerk of the City of Palm Desert, County of Riverside, State of California do hereby certify that the foregoing Resolution No. 99-26 was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of said council held on the l lth day of March , 1999 by the following vote: AYES: BENSON, FERGUSON, KELLY, CR.ITES NOES: NONE ABSENT: SPIEGEI. ABSTAINED: NONE � , Mayor Pr —Tempore City of Palm Dcsert � 0 City Cler cI' � City of Palm Desert .�•. � � I';►�_e � ��t 5