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HomeMy WebLinkAboutCC RES 02-063RESOLUTION NO. 02-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENTION TO FORM THE COLLEGE VIEW ESTATES II/SHEPHERD LANE 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 2002/2003; 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 "College View Estates II/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 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 2002/2003 (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 Page 1 of 5 RESOLUTION: 02-63 concurrently annex said District and territory into the Consolidated District commencing Fiscal Year 2002/2003. The territory included within the District and annexation are generally described in Section 3 of this Resolution and shall be designated as the "College View Estates II/Shepherd Lane Landscaping and Lighting District," and shall be further designated in the Consolidated District as: "Zone 16 — Shepherd Lane/College View Estates II." Section 2: The City Council declares its intention to conduct 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. Section 3: The proposed territory within the District and concurrent annexation to the Consolidated District includes all lots and parcels within the development area known as College View Estates II Tract No. 30087 and identified in Assessor's Parcel Maps — Book 653 Page 37 Parcels 02 and 23. The District is generally located west of Portola Avenue, south of Gerald Ford Drive, north of Frank Sinatra Drive and generally east of Monterey Avenue. The proposed territory is within the City of Palm Desert, the County of Riverside, State of California and shall be designated as: "College View Estates II/Shepherd Lane Landscaping and Lighting District" and "Zone 16 — Shepherd Lane/College View Estates II" 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 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/perimeter landscaping on both sides of Shepherd Lane and the west side of Portola Avenue adjacent tothe residential subdivision, installed as part of the development of properties therein; • 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 5: The proposed assessments for the District and subsequent Zone and/or Sub -zone within the Consolidated District are outlined in the Engineer's Report. The Page 2 of 5 RESOLUTION: 02-63 Section 6: Section 7: Section 8: Section 9: 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 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 2002/2003 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 Council hereby finds and declares the owner of record to be balloted for the proposed District formation and assessments, is the sole owner of real property within the proposed District, and said property owner pursuant to petition has waived the normal forty-five day noticing period pursuant to the California Civil Code, Section 3513. 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 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 June 27, 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 Page 3 of 5 RESOLUTION: 02-63 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 10: 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, June 27, 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 11: 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: 02-63 PASSED, APPROVED, AND ADOPTED this 13th day of Tune STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITYQF PALM DESERT th df Riverside, S�ta%..of Cali was regularly adopted by ss. 2002. , City Clerk of the City of Palm Desert, County is do hereby certify that the foregoing Resolution No. 02-63 e City Council of said City of Palm Desert at a regular meeting of said council held on the 13th day of June , 2002 by the following vote: AYES: BENSON, CRITES, FERGUSON, SPIEGEL, KELLY NOES: NONE ABSENT: NONE ABSTAINED: NONE Mayor`, Richard Kelly City of Palm Desert eila R. Gillig City of Palm Desert , Cite erk Page 5 of 5