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Home My WebLink AboutCC RES 04-039RESOLUTION NO. 04-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENTION TO FORM SEVEN (7) LANDSCAPING AND LIGHTING ZONES AND/OR SUB - ZONES; AND CONCURRENTLY ANNEX SAID ZONES AND/OR SUB - ZONES AND TERRITORIES INTO THE PALM DESERT CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT; AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO COMMENCING FISCAL YEAR 2004/05; 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 ZONES AND/OR SUB -ZONES 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 seven (7) landscaping and lighting zones and/or sub -zones (hereafter referred to as the "Zones"); and the concurrent annexation of said Zones and territories 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 Zones; concurrently annex the Zones and territories into the Consolidated District; and to levy and collect annual assessments against Tots and parcels of land within the proposed Zones 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 2004/05 (July 1, 2004 and ending June 30, 2005) 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 ZONES, AS FOLLOWS: Section 1: The City Council hereby declares its intention to form the Zones and levy and collect annual assessments against parcels of land within the Zones; and concurrently annex said Zones and territories into the Consolidated District commencing Fiscal Year 2004/05. RESOLUTION NO. 04-39 Section 2: The City Council declares its intention to conduct a public hearing regarding the formation of the Zones and the annexation of said territories into the Consolidated District and calls for a property owner protest balloting proceeding related thereto pursuant to the Act and the Califomia Constitution Article XIIID. The City Council finds that the public's best interest requires such action and levy of assessments. Section 3: The proposed territories within the Zones and concurrent annexations to the Consolidated District includes all lots and parcels within the residential subdivisions and tracts known as: • Olive Court, Tract 30269 • Petunia I, Tract 30025 • Petunia II, Tract 30275 • Sundance East, Tract 30503 • College View Circle, Tract 29444 • The Boulders, Tract 30030 • Palm Court, Tract 25373 Section 4: The proposed assessments for the Zones within the Consolidated District are outlined in the Engineer's Report. The 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 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 2004/05 and must be approved by the property owners before any assessment is levied). 2 RESOLUTION NO. 04-39 Section 5: The City Council hereby declares its intention to conduct a Public Hearing concerning the formation of the Zones, 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: Section 6: 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. Section 7: Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Thursday, July 8, 2004 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 Zones 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 8: The property owner protest ballot proceeding conducted for the Zones 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 Zones 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, July 8, 2004. 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. 3 RESOLUTION NO. 04-39 Section 9: 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 13th day of May , 2004, by the following vote, to wit: AYES: BENSON, CRITES, KELLY, SPIEGEL NOES: NONE ABSENT: FERGUSON ABSTAINED: NONE ATTEST: S RACHELLE D. ' ASSEN, City City of Palm Desert, California ROBERT A. SPI EL, ' a, or City of Palm Desert 4 few - - • 1644,44 RESOLUTION NO. 04-39 ORD DR e TT 30087 x TT 30087. Q **Hni4R- "'---e-ifi 1 4R v LNW .W LNE - O Cit I TT 30275 oc City y WINnvinWER Owned Owned a- GERALD FORD DR GERALD FORD DR City City Owned Owned City City Olive Court,, Owned Owned TT 30269 *�t Conceptual w------ - TT 31020 Q City Conceptual 7, Owned _2. TT 30706 3080 E O 0 City Owned Petunia 11 j Petunia Place I TT30 - - — - r``, TT 30025 2 TT 30025_ — Petunia Place - l -- -- -- ---- ------ Ptiowt_rZA; P£7t7NAT£AC£- W ac E TT 30216 W TT 30503- --i Sundance - East -- - cMNaaKL7R h �oKc%R E e woaawAQnDe TT 30216 TT 31860 O9 - KOKOP£LttpR k College View Estates l j - - a -,- u TT 29444 TT 29444_ V- -� - -0----0---�-- collf�ciiaw rourcrolw- -- -,�- W ac-- lL., �_- C/RW C/RE _- --° _ • ° -- 4 A z TT 30030 + The Boulders ALPWIZ%— 0e TT 29469 NEATH£RwaoD OR k Daisy Lane', N FRANK SINATRA DR O.S. 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