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HomeMy WebLinkAboutCC RES 02-018RESOLUTION NO. 02-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENTION TO FORM THE PALM COURT LANDSCAPING AND LIGHTING DISTRICT; AND CONCURRENTLY 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 2002/03; 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 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the "Act") and by previous Resolution, has initiated proceedings for the formation of the "Palm Court Landscaping and Lighting District" (hereafter referred to as the "District") located at Palm Court and Hovley Lane West; 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 2002/03 (July 1, 2002 and ending June 30, 2003) 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: 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 concurrently annex said District and territory into the Consolidated District commencing Fiscal Year 2002/03. The territory included within the District and Page 1 of 5 RESOLUTION: NO 02-18 Section 2: Section 3: annexation are generally described in Section 3 of this Resolution and shall be designated as the "Palm Court Landscaping and Lighting District," and shall be further designated in the Consolidated District as: "Zone 6 — Palm Court." The City Council declares its intention to conducted a public hearing regarding the formation of the District and the annexation of said territory into the Consolidated District and calls for a property owner protest balloting proceeding related thereto pursuant to the Act and the California Constitution Article XIIID. The City Council finds that the public's best interest requires such action and levy of assessments. The proposed territory within the District and concurrent annexation to the Consolidated District includes all lots and parcels within the residential subdivision known as Palm Court at Hovley Lane West — (Tract 25373). The District is generally located east of Monterey Avenue, north of Hovley Lane West, west of Portola Avenue and incorporates all the single-family residential parcels within Tract 25373 located on Palm Court. This territory is identified by Riverside County Assessor's Parcel Numbers 622-310-027 through 622-310-046 that includes twenty (20) subdivided single-family residential lots as well as two - landscaped parkway right-of-ways/easements (Lots C and D). The proposed territory is within the City of Palm Desert, the County of Riverside, State of California and shall be designated as: "Palm Court Landscaping and Lighting District" and "Zone 6 — Palm Court" within the Consolidated District. 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 development known as Palm Court — Tract 25373 and will be provided by the City of Palm Desert through annual assessments are namely: • Parkway and perimeter landscaping adjacent to the development on the north side of Hovley Lane West, identified as Lots "C" and "D" (22,000 sq. ft) on Tract Map No. 25373. • Street Lighting located at the entrance to the development at the corner of Hovley Lane West. • Entryway monument, blockwalls, irrigation systems, drainage systems and electrical facilities associated with the landscaping and lighting improvements identified above. Page 2 of 5 RESOLUTION NO. 02-18 Section 6: Section 7: Section 8: 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 assessments for the upcoming fiscal 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. (The initial Maximum Assessment and annual inflationary adjustment are outlined in the Engineer's Report for Fiscal Year 2002/03 and must be approved by the property owners before any assessment is levied). 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. 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. Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Thursday May 9, 2002 at 4:00 p.m. 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 Hearing 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 hearing, all interested persons shall be afforded the opportunity to hear and be heard. Valid property owner protest ballots must be completed and received by the City 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 Page 3 of 5 RESOLUTION: NO. 02-18 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 the California Constitution Article XIIID. 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, May 9, 2002. At the Public Hearing, pursuant to the California Constitution Article XIIID Section 4, Sub -Section 4 (e), the City shall tabulate the ballots returned to determine if majority protest exists. The ballots shall be weighted according to the proportional financial obligation of the affected properties. 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 10: The City Council hereby authorizes and directs the City Clerk or their designee to prepare and mail notice of the 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 XIIID and as outlined in the Engineer's Report. Page 4 of 5 RESOLUTION: NO. 02-18 PASSED, APPROVED, AND ADOPTED this STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss. CITY OF PALM DESERT 14th day of March 2002. 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. 02-18 was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of said council held on the 14th day of March , 2002 by the following vote: AYES: NOES: ABSENT: ABSTAINED: BENSON, CRITES, FERGUSON, SPIEGEL, KELLY NONE NONE NONE Mayor, Richard Kelly City of Palm Desert—) 1 /City Clerk, Seila R Gi1,1 i�pan City of Palm Desert Page 5 of 5