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HomeMy WebLinkAboutCC RES 02-131RESOLUTION: 02-131 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA ORDERING THE FORMATION OF THE SUNDANCE/SHEPHERD LANE 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 2003/2004 WHEREAS, the City Council, desires to form the "Sundance/Shepherd Lane Landscaping and Lighting District" (hereafter referred to as the "District") located along Shepherd Lane, west of Portola Avenue, south of Gerald Ford Drive, north of Frank Sinatra Drive and generally east of Monterey Avenue; and to concurrently annex said District and territory into the "Palm Desert Consolidated Landscaping and Lighting District", Zone 16 — Shepherd Lane/ Sundance (hereafter referred to as either the "Consolidated District" or "Zone"), and to levy and collect annual assessments against parcels of land within said territory commencing with fiscal year 2003/2004 to pay the costs and expenses of operating, maintaining and servicing the improvements and appurtenant facilities related thereto, pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the "Act"); and, WHEREAS, the City Council did by previous resolutions initiate proceedings and declare its intention to form the District; concurrently annex said District and territory into the Consolidated District; and to levy and collect annual assessments for the purpose of operating, maintaining and servicing the improvements related thereto, pursuant to the Act; 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 Report that describes the District, the formation, annexation, and assessments against parcels of land within the District for the Fiscal Year commencing July 1, 2003, and ending June 30, 2004, pursuant to the provisions of the Act; and, WHEREAS, the City Council has caused notices and property owner assessment ballots to be mailed to all property owners of affected properties pursuant to the Act and in accordance with the provisions of California Constitution Article XIIID (Proposition 218); and WHEREAS, the City Council following notice duly given, has held a full and fair Public Hearing on October 10, 2002, 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 Page 1 of 4 RESOLUTION: 02-131 formula described in the Engineer's Report related thereto in accordance with the provisions of the California Constitution Article XIHD. 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. Section 2: The City 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 obligation 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 assessment, the assessment range formula connected therewith, and the levy and collection of assessments as described in the Engineer's Report. Section 3: Section 4: Section 5: Furthermore, the City Council finds that written majority protest does not exist, pursuant to the provisions of Chapter 2, Article 1, Sections 22593 and 22594 of the Act. The City Council desires to levy and collect assessments against parcels of land within the District or Consolidated District Zone for the fiscal year commencing July 1, 2003 and ending June 30, 2004, to pay the costs and expenses of operating, maintaining and servicing the landscaping, lighting and appurtenant facilities for the District. 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 filed with the City Clerk, the City Council hereby finds and determines that: a. The territory of land within District and subsequent Zone within the Consolidated District will receive special benefits from the operation, maintenance and servicing of the landscaping, lighting and appurtenant facilities and improvements related thereto; and, b. The District and subsequent Zone within the Consolidated District includes all of the lands so benefited; and, c. The net amount to be assessed upon the lands within the District and subsequent Zone of the Consolidated District has been apportioned in accordance with the proposed budget establishing the initial Maximum Assessment commencing fiscal year 2003/2004 by a formula and method which fairly distributes the net amount among Page 2 of 4 Section 6: Section 7: RESOLUTION: 02—i 31 all eligible parcels in proportion to the special benefits to be received by each parcel from the improvements and services and that the assessments are levied without regard to property valuation. 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. The City Council hereby orders the formation of the District and the annexation of said District and territory into the Consolidated District commencing with fiscal year 2003/2004. 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 appurtenant facilities and expenses associated with the District that are installed as part of the development of properties within District and will be provided by the City of Palm Desert through annual assessments namely: • Parkway landscaping on Shepherd Lane adjacent to the residential development installed as part of the development of properties therein; • Perimeter landscaping for the Shepherd Lane residential developments. Tract 30216 is one of several residential subdivisions within the area known as Shepherd Lane, that includes parkway/perimeter landscaping on the west side of Portola Avenue between Frank Sinatra Dive and Gerald Ford Drive, as well as landscaping on the north side of Frank Sinatra Drive and the south side of Gerald Ford Drive on either side of Shepherd Lane. These improvements benefit all property development within the Shepherd Lane area and each residential subdivision is assessed a proportional share of the costs associated with these landscaped areas; • Any entryways, open space areas or other landscaped areas associated with the development of properties within the District that will be maintained by the District; • Street lights within and adjacent to the residential subdivision. Section 9: The maintenance, operation and servicing of the landscaping and lighting improvements 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 approved each fiscal year, 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. Page 3 of 4 Section 10: RESOLUTION: 02-131 The City Treasurer shall deposit all money representing assessments collected by the County for the District to the credit of a fund for the "Shepherd Lane Landscaping and Lighting District", and such money shall be expended only for the maintenance, operation and servicing of the landscaping and lighting improvements and appurtenant facilities as described in Section 8. Section 11: The adoption of this Resolution constitutes the formation of the District and establishes the initial Maximum Assessment for fiscal year 2003/2004. However, the assessments so approved, may be reduced by the City Council during the annual Public Hearing for the Consolidated District, at which time all annual landscaping and lighting district assessments for the 2003/2004 fiscal year will be reviewed and approved by the City Council. PASSED, APPROVED, AND ADOPTED this 24th day of October 2002. STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF PALM DESERT I, Rachelle D. Klassen ss. , City Clerk of the City of Palm Desert, County of Riverside, State of California do hereby certify that the foregoing Resolution No. 02-131 was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of said council held on the 24th day of October , 2002 by the following vote: AYES: BENSON, CRITES, FERGUSON, SPIEGEL, KELLY NOES: NONE ABSENT: NONE ABSTAINED: NONE Mayor, Richard S. Kel City of Palm Desert City Clerk, Rachelle D. Klassen City of Palm Desert Page 4 of 4