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Home My WebLink AboutCC RES 02-038RESOLUTION NO. 02-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENTION FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE CONSOLIDATED PALM DESERT LANDSCAPING AND LIGHTING DISTRICT AND CALLING FOR A PROPERTY OWNER PROTEST BALLOT PROCEEDING FOR ALL PROPOSED ASSESSMENT INCREASES IN ANY OF SAID ZONES FOR FISCAL YEAR 2002/03 The City Council of the City of Palm Desert (hereafter referred to as the "City Council") does resolve as follows: WHEREAS, The City Council has by previous Resolutions formed the Consolidated Palm Desert Landscaping and Lighting District (hereafter referred to as the "District"), and initiated proceedings for Fiscal Year 1999/2000, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with section 22500) (hereafter referred to as the "Act") that provides for the levy and collection of assessments by the County of Riverside for the City of Palm Desert to pay the maintenance and services of all improvements and facilities related thereto; and, WHEREAS, all assessments for the District were previously approved in accordance with the requirements of the California State Constitution, Article XIIID; and, WHEREAS, the City Council has retained MuniFinancial for the purpose of assisting with the Annual Levy of the District, and to prepare and file an Engineer's Annual Levy Report with the City Clerk in accordance with the Act; and, WHEREAS, there has now been presented to this City Council a Preliminary Engineer's Report (hereafter referred to as the "Engineer's Report"); and, WHEREAS, the City Council has carefully examined and reviewed the Engineer's Report as presented, and is satisfied with the District, each and all of the budget items and documents as set forth therein, and is satisfied that the proposed assessments contained therein, have been spread in accordance with the benefits received from the improvements, operation, maintenance and services to be performed within the District, as set forth in said Report; and, WHEREAS, the City Council has determined that in order to maintain a satisfactory level of maintenance, service, and benefit to properties within the Zones an increased assessment will be necessary for several Zones, and that said increase must be approved by the property owners in accordance with the requirements of the California Constitution, Articles XIIID. 1 RESOLUTION NO. 02-38 NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, PURSUANT TO CHAPTER 3, SECTION 22624 OF THE ACT, AS FOLLOWS: Section 1 The above recitals are true and correct. Section 2 Intention: The City Council hereby declares its intention to seek the annual levy and collection of assessments within the District pursuant to the Act, over and including the land within the District boundary, and to levy and collect assessments on all such land to pay the annual costs and expenses of the improvements and services described in Section 4 of this Resolution, for Fiscal Year 2002/03. The City Council further declares its intention to conduct a property owner protest ballot proceeding for all proposed increased assessments in accordance with the requirements of the California Constitution, Articles XIIID Section 3 Section 4 Section 5 Boundaries and Designation: The description of the District boundary and the Zones therein are outlined in the Engineer's Report and by reference is made part of this Resolution. The District includes twelve (12) Benefit Zones and thirteen (13) sub zones: Canyon Cove (Zone 2); Vineyards (Zone 3); Parkview Estates (Zone 4); Cook and Country Club (Zone 5) sub zones are Desert Mirage, Sandcastles, and Primrose 2; Hovley Lane (Zone 6) sub zones are Monterey Meadows, The Glen, Hovley Estates, Sonata 1, Sonata 2, Hovley Collection, La Paloma I, La Paloma II, La Paloma III, Sandpiper Court, Sandpiper West and Hovley Court West; Waring Court (Zone 7); Palm Gate (Zone 8); The Grove (Zone 9); Portola Place (Zone 11); Palm Desert Country Club (Zone 13); K & B at Palm Desert (Zone 14); and Canyon Crest (Zone 15). The District is designated as "Consolidated Palm Desert Landscaping and Lighting District." Description of Improvements: The improvements within the District include: turf, ground cover, shrubs and trees, irrigation systems, street lighting, water features, entry monuments, drainage systems and all appurtenant facilities and operations related thereto. The Engineer's Annual Levy Report describes all new improvements or substantial changes in existing improvements. Proposed Assessment Amounts: The assessments outlined in the Engineer's Annual Levy Report identify a proposed maximum assessment increase for the following Zones and Sub -zones: Zone #3 — Vineyards Zone #4 — Parkview Estates Zone #5 — Cook and Country Club (all existing Sub -zones) Zone #6 — Hovley Lane (all existing Sub -zones within Hovley Lane) Zone #7 — Waring Court Zone #8 — Palm Gate 2 RESOLUTION NO. 02-38 Section 6 Section 7 Section 8 Zone #9 — The Grove Zone #11 — Portola Place Zone #14 — K & B at Palm Desert As such, the proposed assessment increase for properties within these Zones and/or Sub - zones will be submitted to the property owners for approval as required by the California Constitution, Articles XIIIC and XIIID, before the assessment increase may be imposed. All other Zone assessments are within the limits previously approved and do not constitute an increase, and do not require property owner balloting for the proposed assessment to be levied. Public Hearing(s): The City Council hereby declares its intention to conduct a Public Hearing annually concerning the levy of assessments for the District in accordance with Chapter 3, Section 22626 of the Act. Notice: The City shall give notice of the time and place of the Public Hearing to all property owners within the District by causing the publishing of this Resolution once in the local newspaper for two consecutive weeks not less than ten (10) days before the date of the public hearing, and by posting a copy of this resolution on the official bulletin board customarily used by the Council for the posting of notices. The City shall mail by first class mail a notice of the Public Hearing and property owner protest ballots to all property owners subject to a new or increased assessment, at least forty- five days prior to the Public Hearing set by this City Council. Notice Of Public Hearing: Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Thursday July, 11, 2002 (Public Hearing) at 4:00 P.M., or as soon thereafter as feasible in the City Hall (Council Chambers), located at 73-510 Fred Waring Drive, Palm Desert, California, 92260-2578. Section 9 The City Clerk is hereby authorized and directed to give notice of such hearing as provided by law. 3 RESOLUTION NO. 02-38 PASSED, APPROVED, AND ADOPTED THIS 9th STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF PALM DESERT) DAY OF May Richard Kelly, Mayor City Council , 2002. I, D. ,,4z,� Qom-, ,) , City Clerk of the City of Palm Desert, County of Riverside, State of 'California do hereby certify that the foregoing Resolution No. 02-38 was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of said council held on the 9th day of May , 2002, by the following vote: AYES: BENSON, CRITES, FERGUSON', SPIEGEL, KELLY NOES: NONE ABSENT: NONE ABSTAINED: NONE Rachelle Klassen, Deputy City Clerk City of Palm Desert 4