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Home My WebLink AboutCC RES 99-004RESOLUTION NO. 99-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENTION TO FORM THE CANYON CREST LANDSCAPING AND LIGHTING DISTRICT; AND CONCUR.RENTLY ANNEX SAID DISTRICT AND TERRITORY INTO THE PALM DESERT CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT; AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO COMMENCING FISCAL YEAR 1999/2000; AND CALLING A PROPERTY OWNER PROTEST PROCEEDING TO SUBMIT TO THE QUALiFIED PROPERTY OWNERS THE QUESTION OF LEVYING SUCH ASSESSMENTS AND ESTABLISHING AN ASSESSMENT RANGE FORMULA FOR SAID DISTRICT . WHEREAS, the City Council 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 ref rred to as the "Act") and by previous Resolution, has initiated proceedings for the formation of the "Canyon Crest 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"), and to levy and collect annual assessments to pay for the operation, maintenance and servicing of landscaping, lighting and all appurtenant facilities related thereto; and, WHEREAS, the City Council desires to form the District; concurrently annex the District and territory into the Consolidated District; and to levy and collect annual assessments against lots and parcels of land within the proposed District to pay the cost and expenses related to the improvements described in Section 4 of this Resolution; and, WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk a Report in connection with the proposed formation, annexation and levy of assessments commencing with Fiscal Year 1999/2000 (July 1, 1999 and ending June 30, 2000) in accordance with Chapter 1, Article 4 of the Act, and the Council did by previous Resolution preliminarily approve such Report. -- - NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS: Page 1 of 5 RESOLUTION: 99-4 �, Section 1: The City Council hereby declares its intention to form the District and levy and collect annual assessments against parcels of land within the District; and .r concurrently annex said District and territory into the Consolidated District commencing Fiscal Year 1999/2000. The territory included within the District and annexation are generally described in Section 3 of this Resolution and shall be designated as the "Canyon Crest Landscaping and Lighting District," and shall be further designated in the Consolidated District as: "Zone 15 Canyon Crest." Section 2: The City Council declares its intention to conducted public hearing(s) regarding the formation of the District and the annexation of said territory into the Consolidated District pursuant to the Act and calls for a property owner protest balloting proceeding related thereto. The City Council finds that the public's best interest requires such action and levy of assessments. Section 3: The proposed territory within the District and concurrent annexation to the Consolidated District includes all lou and parcels within the subdivision known as Canyon Crest development (Project). The Project/District is generally located east of Deep Canyon Road, south of the Whitewater River Channel, north of Moss Rose Drive, and west of the Palm Desert High School. The proposed territory is within the City of Palm Desert, the County of Riverside, State of California and currently includes twenty-two assessable parcels: twenty-one (21) subdivided single-family residential lots and 12.93 acres (Designated Remainder Parcel). This Designated Remainder Parcel will eventually be subdivided into additional single-family residential lots (the number of future single-family residential lots has not been finalize�. The territory also includes four exempt non-residential parcels identified as landscape right-of ways/easements or parcels with no development potential. Section 4: The improvements include 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 Canyon Crest development and that will be maintained by the City of Palm Desert through annual District assessments, namely: ... ....► Parkway landscaping along the east side of Deep Canyon Road from Magnesia Falls (Whitewater River Channel), south to the end of the ,,.� development (approximately 100 feet north of Buttonwood Drive); ..r Page 2 of 5 RESOLUTION: 99-4 � • Perimeter landscaping along the Whitewater River Channel (the northern boundary of the development and District) from Deep Canyon Road K� 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 development 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). r.� � Section 5: The proposed assessments for the District and subsequent Zone within the Consolidated District are outlined in the Engineer's Report. The Report details the proposed assessments necessary to provide for the annual operation, administration, services and maintenance of the improvements for the first fiscal year described in Section 4 of this Resolution. In subsequent years, the City Council will hold a Public Hearing for the Consolidated District and/or District prior to approving the annual levy of assessmenu for the upcoming fscal year. An increase to the annual assessment requires approval of that increase by the property owners through protest ballot proceedings. An increased annual assessment is defined as an assessment that is greater than the Maximum Assessment plus the annual inflationary adjustment previously approved by the property owners. (Ti�e initial Ma�umum Assessment and annual inflationary adjustment are outlined in the Engineer's Report for Fiscal Year 1999/2000 and must be approved by the property owners before any assessment is levie�. Section 6: The City Council hereby declares its intention to conduct a Public Hearing concerning the formation of the District, and concurrent annexation of 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: 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. s -- Page 3 of 5 RESOLUTION: 99-4 .Mr Section 8: Notice is hereby given that a Public Meeting and Hearing on these matters will be held by the City Council on Thursday February 25, 1999 at 7:00 p.m., (Public � Meeting� and Thursday March 11, 1999 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 regarding the proposed levy of assessments 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. 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 protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the public meeting and the public hearing, all interested persons shall be afforded the opportuniry to hear and be heard. Valid ballots must be completed and received by the C:ity Clerk prior to the conclusion of the Public Hearing for tabulation. Section 9: The property owner protest ballot proceeding conducted for the District shall constitute the property owners approval or rejection of the annual levy of assessments and assessment range formula. A notice of the hearing and ballot shall be distributed by first class mail to the property owner of record for each parcel within District subject to an assessment, pursuant to California Constitutional Articles XIIIC and .XIIID (hereafter referred to as the "Initiative"). 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 Thursday March 11, 1999. 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 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. ^ ..D Section 10: The City Council hereby authorizes and directs the City Clerk or their designee to prepare and mail notice of the Public Meeting and Public Hearing; and in the same or separate mailing, mail property owner protest ballots to the subject property owners regarding the proposed levy of the assessments and the assessment range formula pursuant to California Constitution Article X� and ~ as outlined in the Engineer's Report. .r Page 4 of 5 RESOLUTION: 99-4 N � � . PASSED, APPROVED, AND ADOPTED this 14th day of ,january 1999. STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss. CITY OF PALM DESERT I, Sheila R. Gillian , City Clerk of the Ciry of Palm Desert, County of Riverside, State of California do hereby certify that the foregoing Resolution No. 99-4 was rea larly adopted by the City Council of said City of Palm Desert at a regular meeting of said council held on the 14th day of January , 1999 by the following vote: AyES: Benson, Crites, Ferguson, Kelly, Spiegel NOES: None ABSENT: None ABSTAINED: None � Mayor Citv of Palm Desert City Clerk'"�/ City of Palm Desert � . .. Page 5 of 5