HomeMy WebLinkAboutCC RES 04-014RESOLUTION NO. 04-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA FOR THE PALM DESERT CONSOLIDATED LANDSCAPING AND
LIGHTING MAINTENANCE ASSESSMENT DISTRICT, DECLARING ITS
INTENTION TO CONDUCT A PROPERTY OWNER BALLOTING ON THE
MATTER OF INCREASED ASSESSMENTS FOR FISCAL YEAR 2004/05
WHEREAS, the City Council has, by previous Resolutions, formed the Palm Desert
Consolidated Landscaping and Lighting Maintenance Assessment District (hereinafter referred to as
the "District"), and initiated proceedings for Fiscal Year 2004/05, 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 (hereinafter 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, the City Council has retained MuniFinancial for the purpose of assisting with
the balloting of increased assessments and to assist the City with the Preparation of an Engineer's
Annual Levy Report (hereafter referred to as the "Engineer's Report") in accordance with the Act;
and in accordance with the requirements of the California Constitution, Articles XIIIC and XIIID;
NOW, THEREFORE, BE IT RESOLVED FOR PALM DESERT CONSOLIDATED
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT,
PURSUANT TO CHAPTER 3, SECTION 22624 OF THE ACT, AND THE
CALIFORNIA CONSTITUTION, ARTICLES XIIIC AND XIIID, AS FOLLOWS:
Section 1
Section 2
The improvements within the District include: the maintenance and operation of and the
furnishing of services and materials for landscaped areas including open space areas,
parkways, slopes and medians within the public rights -of -way, including, but not limited
to trees, shrubs, turf and other ornamental vegetation, drainage and irrigation systems,
street lighting improvements, and other appurtenant facilities. The Engineer's Report, as
ordered by previous Resolution, provides a full and complete description of all
improvements and any or all substantial changes to the improvements within the
District.
The boundaries of the District are located within the boundaries of the incorporated City
Limits of the City of Palm Desert, within the County of Riverside, State of California
and is designated as: Palm Desert Consolidated Landscaping and Lighting
Maintenance Assessment District.
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Section 3
RESOLUTION NO. 04-14
An assessment ballot proceeding is hereby called on behalf of the District on the matter
of confirming assessments for any property within certain Zones of the District subject
to an increased assessment pursuant to California Constitution Articles XIIIC and XIIID.
The following Zones are proposed to be balloted:
• Zone # 5 Cook and Country Club — Desert Mirage Sub -zone (29 parcels)
• Zone # 6 Hovley Lane — The Glen Sub -zone (16 parcels)
• Zone # 6 Hovley Lane — Hovley Estates Sub -zone (16 parcels)
• Zone # 6 Hovley Lane — Sonata I Sub -zone (16 parcels)
• Zone # 6 Hovley Lane — Sonata II Sub -zone (94 parcels)
• Zone # 6 Hovley Lane — Hovley Collection Sub -zone (38 parcels)
• Zone # 6 Hovley Lane — La Paloma I Sub -zone (16 parcels)
• Zone # 6 Hovley Lane — Sandpiper Court Sub -zone (16 parcels)
• Zone # 6 Hovley Lane — Sandpiper West Sub -zone (16 parcels)
• Zone # 6 Hovley Lane — Hovley Court West Sub -zone (16 parcels)
• Zone # 8 — Palm Gate (37 parcels)
• Zone #14 — K & B at Palm Desert (163 parcels)
The assessment ballot proceeding for these Zones on the matter of increasing the
assessments, pursuant to California Constitution, Article XIIID, Section 4 consists of a
ballot, included with mailed notice, distributed by mail, to the property owners of record.
Each property owner's ballot is weighted by the amount of their assessment. Each
property owner may return the ballot by mail or in person to the City Clerk not later
than the conclusion of the Public Hearing on the matter on April 22, 2004. The Public
Hearing is scheduled to begin on April 22, 2004, at 4:00 p.m., at the City Council
Chamber, 73-510 Fred Waring Drive, Palm Desert, California. At the conclusion of the
Public Hearing, the City shall tabulate the ballots to determine if a majority protest
exists. 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.
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RESOLUTION NO. 04-14
Section 4 The proposed assessments are detailed in the Engineer's Report.
Section 5
Section 6
The City Council hereby declares its intention to conduct a Public Hearing concerning
the levy of assessments for the District in accordance with Government Code, Section
54954.6 and California Constitution, Article XIIID, Section 4(e).
The City shall give notice of the time and place of the Public Hearing by posting a copy
of this resolution on the official bulletin board customarily used by the Council for the
posting of notices and by publishing this resolution in a local newspaper pursuant to
applicable Government Code as outlined in the Landscaping and Lighting Act. As
defined by Government Code, Section 54954 those properties subject to a new or increased
assessment shall be mailed a notice of the Public Hearing and a property owner ballot
not less than 45 days before the date of the public hearing pursuant to California
Constitution, Article XIIID. Property owners being balloted for an increased assessment
must return their ballots to the City Clerk prior to the conclusion of the Public Hearing,
at which they will be tabulated. At the Public Hearing, all interested persons shall be
permitted to present written and/or oral testimony.
Notice is hereby given that a Public Hearing on these matters will be held by the City
Council on April 22, 2004, or as soon thereafter as feasible in the City Council Chamber,
located at 73-510 Fred Waring Drive, Palm Desert, California.
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RESOLUTION NO. 04-14
PASSED, APPROVED, AND ADOPTED this 26th day of February , 2004.
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss.
CITY OF PALM DESERT)
Robert A. Spiegel, M. yor
City of Palm Desert
I, Rachelle D. Klassen_, City Clerk of the City of Palm Desert, County of Riverside, State of
California do hereby certify that the foregoing Resolution No. _04-14_ was regularly adopted
by the City Council of said City of Palm Desert at a regular meeting of said council held on the
_26th_ day of _February , 2004, by the following vote:
AYES: BENSON, CRITES, FERGUSON, KELLY, SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAINED: NONE
Rachelle D. Klassen, City Clerk
City of Palm Desert
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