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HomeMy WebLinkAboutCC RES 08-036RESOLUTION NO. 08-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENTION TO ADD LANDSCAPE IMPROVEMENTS TO ZONE 05 - SANDCASTLES OF THE PALM DESERT CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT; AND DECLARING ITS INTENTION TO CONDUCT A PROPERTY OWNER BALLOTING ON THE MATTER OF A NEW OR INCREASED ASSESSMENT RELATED THERETO COMMENCING WITH FISCAL YEAR 2008/2009 The City Council of the City of Palm Desert (hereafter referred to as the "City Council") does resolve as follows: WHEREAS, the City Council pursuant to the provisions of the Landscaping and Lighting Act f 1972, being Part 2, Dizisian 15 cf the California Strays and Highzelos Cad Tilt]) Smi 22500 (hereafter referred to as the "Act"), did by previous Resolution, initiate proceedings for the proposed change in improvements for "Zone 05 - Sandcastles of the Consolidated Palm Desert Landscaping and Lighting District" (hereafter referred to as "Sandcastle Zone"); and the proposed levy and collection of a new or increased assessment related thereto; and, WHEREAS, the City Council desires to change the improvements (add landscape improvements) to the Sandcastle Zone; and to levy and collect increased assessments against lots and parcels of land therein to pay the cost and expenses related to the maintenance, servicing and operation of both the existing and new improvements that provide special benefits to the parcels therein pursuant to the Act and the provisions of the Gz4Fomia Constitution A rtide X IIID (hereafter referred to as the "Constitution"); and, WHEREAS, the Assessment Engineer of Work has prepared and filed with the City Clerk an Engineer's Report (hereafter referred to as the "Report") in connection with such proceedings and the proposed levy of assessments related thereto commencing with fiscal year 2008/2009 (Beginning July 1, 2008 and ending June 30, 2009); in accordance with the Act and the Constitution; and said Report has been presented to the City Council. NOW, THEREFORE BE IT RESOLVED, by the City Council for the district, pursuant to Chapter 3, commencing with Section 22620 of the Act, as follows: Section 1 The foregoing recitnls are true and correct. Section 2 The Report as presented consists of the following: • A Description of the Improvements (Plans and Specifications); and, • The Method of Apportionment that details the method of calculating the proportional special benefits and the annual assessment obligation for each affected parcel including a description of an "Assessment Range Formula" applicable to subsequent assessments; and, • The estimated annual costs and expenses to provide the improvements (Budget) that establishes the proposed "Maximum Assessment Rate" and first year's assessments; and, RESOLUTION NO. 08-36 • An Assessment Diagram (Boundary Map); and, • An Assessment Roll containing the assessment to be levied for each Assessor Parcel Number within the District and subsequently as Zone 17 of the Consolidated District, commencing in fiscal year 2008/2009 based on the maximum assessment rate and method of apportionment described therein; and, Section 3 The Report presented is hereby approved on a preliminary basis as submitted or amended by direction of this City Council, and is herby ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection; and, Section 4 The City Council hereby declares its intention to include new landscape areas for the Sandcastle Zone, and to levy and collect new or increased assessments against parcels of land therein to fund the ongoing cost and expenses of maintaining, operating and servicing both the existing and new improvements as outlined in the Report prepared in connection therewith, commencing with fiscal year 2008/2009; and, The City Council further declares its intention to conduct a public hearing regarding the proposed levy of new or increased assessments connected therewith; and calls for a property owner protest balloting proceeding in accordance with the provisions of the California Constitution Article XIIID. The City Council finds that the public's best interest requires such action and levy of assessments; and, Section 5 The territory within the Sandcastles Zone of the Consolidated District is located in the central portion of the City, north of Hovley Lane East and generally south of Country Club Drive and Sandcastle Lane, and west of Eldorado Drive and Harrison Drive, and west of Carlotta Drive. The District includes the lots and parcels of land identified as Tract 21338-1 (Sandcastles), which includes forty-one single family residential properties. The parcels of land that comprise the Sandcastles development are identified on the Riverside County Assessor's Parcel Maps as Book 655, Page 36: Parcels 632-361 (001 through 039); and 632-362 (001 and 002). Section 6 The proposed improvements for the Sandcastle Zone generally include, but are not limited to the materials, equipment, utilities, labor and incidental expenses including administrative expenses required for the annual operation, as well as the performance of periodic repairs, replacement and expanded maintenance activities as needed to provide for the proper operation and functioning of the existing street light improvements as well as the growth, health, and beauty of the landscaped areas proposed to be maintained. The proposed improvements for the Sandcastles Zone include: • The existing local street lighting improvements associated with Tract 21338-1 including eleven (11) street lights located on or near Hovley Lane East; Carlotta Drive; Easy Street; Dolmar Court; Duval Court; and Sandcastle Line. • The proposed addition of approximately 2,945 square feet of landscape areas that may include shrubs, plants; trees; ground cover, irrigation system; sidewalks, 2 RESOLUTION NO. 08-36 fencing; monuments or other ornamental structures; and associated appurtenant facilities associated with Tract 21338-1 including: v Approximately 1,560 square feet of irrigated landscaping on the north side of Hovley Lane East, east of Carlotta Drive to the eastern boundary of Tract 21338-1; and Approximately 1,385 square feet of irrigated landscaping and trees on the east side of Carlotta Drive, between Hovley Lane East and Easy Street. Section 7 The City Council hereby determines that in order to provide an appropriate level of maintenance and related services and activities for the improvements proposed for the Sandcastle Zone of the Consolidated District, as generally described in Section 6 of this Resolution, it is necessary to levy an increased annual assessment against lots and parcels within said territory commencing in fiscal year 2008/2009. The Report referred to in Section 2 of this Resolution establishes the estimated budget of anticipated expenses and the resulting new maximum assessment rate including an annual inflationary adjustment; and, Section 8 The City Council hereby declares its intention to conduct a public hearing concerning the levy of assessments for the District, in accordance with the Act; Government Code, Section 54954.6; and California Constitution, Article XIIID, Section 4(e); and, Notice is hereby given that a public hearing on these matters will be held by the City Council on Thursday, July 10, 2008 at 4:00 P.M., or as soon thereafter as feasible in the City Council Chambers, located at 73-510 Fred Waring Drive, Palm Desert, California. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard; and, Section 9 Pursuant to Article XIIID of the California Constitution, an assessment ballot proceeding is hereby called on the matter of confirming the proposed new assessments for the Sandcastle Zone of the Consolidated District. The City Council hereby authorizes and directs the City Clerk or their designee to prepare and mail notice of the Public Hearing and property owner protest ballots to the property owners of record regarding the proposed new or increased assessments including the assessment range formula as outlined in the Report, for return receipt prior to the date and time of the public hearing set forth in this Resolution; and, The notice of the hearing and ballot shall be distributed by first class mail to the property owner of record for each parcel within the Sandcastle Zone of the Consolidated District subject to an assessment, not less than 45 days before the date of the public hearing pursuant to California Constitution, Article XIIID; and, Section 10 The property owner protest ballot proceeding conducted for the Sandcastle Zone of the Consolidated District shall constitute the property owners' approval or rejection of the proposed new or increased assessments and assessment range formula described in the Report presented and previously approved by the City Council. Each property owner may return the ballot by mail or in person to the City Clerk no later than the conclusion of the public hearing scheduled for Thursday, July 3 RESOLUTION NO. 08-36 10, 2008. After the close of the Public Hearing, pursuant to Section 4 (e) of the California Constitution, the City Clerk or their designee shall open and tabulate the ballots retumed to determine if majority protest exits. Only those ballots issued by or on behalf of the City and signed by the property owner of record or authorized representative, shall be considered as valid ballots and shall be weighted according to the proportional financial obligation of each affected property. Majority protest exists if, upon the conclusion of the hearing, valid ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment; and, In addition to the ballot proceedings, property owners may also file a separate written protest with the City Clerk prior to the conclusion of the hearing, or having previously filed such protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and 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; and, Section 11 The City Clerk is hereby authorized and directed to give notice of such Public Hearing as provided bylaw. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 22nd day of May, 2008, by the following vote, to wit: AYES: FINERTY, KELLY, SPIEGEL, and BENSON NOES: NONE ABSENT: NONE ABSTAIN: FERGUSON ATTEST: RACHET T.F D. KLASSEN, City Clerk City of Palm Desert, California JEAN M. BENSON, yor 4