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HomeMy WebLinkAboutRes 04-78 through 04-80 Formation of Landscape & Lighting DistrictsCITY OF PALM DESERT DEVELOPMENT SERVICES AGENCY STAFF REPORT REQUEST: 1. Approval to declare the results of the property owner protest proceeding for the formation of the Boulders, Petunia I, Petunia II, Sundance East, College View Estates I, Olive Court, and Palm Court landscape and lighting Districts. 2. Approval to amend and/or approve the Engineers' Reports for each district; order the levy and collection of annual assessments for Fiscal Year 2004/2005; and the concurrent annexation of said districts into the Palm Desert Consolidated Landscape and Lighting District. DATE: July 8, 2004 CONTENTS: Resolution No.(s) 04-78 , 04-79 , 04-80 Final Engineers' Reports Recommendation: At the conclusion of the public hearing, waive further reading and adopt: 1. Resolution No. 04-78 , declaring the results of the property owner protest proceeding for the formation of the Boulders, Petunia I, Petunia II, Sundance East, College View Estates I, Olive Court, and Palm Court Landscape and Lighting Districts. 2. Resolution No. 04-79 , approving and/or amending the Engineer's Report regarding the formation of the Boulders, Petunia I, Petunia II, Sundance East, College View Estates I, Olive Court, and Palm Court Landscaping and Lighting Districts; and the levy and collection of annual assessments for FY 2004/2005. 3. Resolution No. 04-80 , approving the formation of the Boulders, Petunia I, Petunia II, Sundance East, College View Estates I, Olive Court, and Palm Court Landscape and Lighting Districts and the concurrent annexation of said district into the Palm Desert Consolidated Landscape and Lighting District; and the levy and collection of annual assessments commencing with FY 2004/2005. Staff Report New Landscape and Lighting Districts Page 2 of 2 July 8, 2004 Background: Resolution No. 04-78 Resolution No. 04-79 Resolution No. 04-80 At the May 13, 2004 meeting, the City Council initiated the process to form landscape and lighting districts for the following subdivisions: District Units Proposed Annual Levy College View Estates I 32 $328.38 Petunia I 32 $286.10 Petunia II 16 $336.78 Sundance East 16 $399.66 The Boulders 16 $317.22 Olive Court 16 $317.22 Palm Court 20 $258.12 These subdivisions currently exist with no mechanism to pay for the maintenance of the perimeter landscaping and streetlighting. The City Council also approved the Preliminary Engineers' Report, which includes each district's budget and annual levy. The City Council authorized staff to proceed with a property owner ballot proceeding to vote for the formation of the districts. On May 24, 2004, all property owners were mailed a ballot and the public hearing was scheduled for July 8, 2004. Attached, you will find a copy of the Final Engineer's Report with no changes recommended. The attached resolutions allow the City to form the districts, levy and collect assessments for Fiscal Year 2004/2005 and allow the annexation of these districts into the Palm Desert Consolidated Landscape and Lighting District. Conclusion: Staff recommends that the City Council open the public hearing and take testimony from all interested parties. At the conclusion of the public hearing staff will count the ballots and return to declare the results. Submitted B M2Trtin Alvarez Senior Management Analyst Approval: Dep,j ent H =d: Homer Croy ACM for Development Services Carlos L. Ortega, City Manager Paul Gibson, Finance Director 2 RESOLUTION NO. 04-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING THE RESULTS OF A PROPERTY OWNER PROTEST PROCEEDING AND APPROVING THE ENGINEER'S REPORT, ORDERING THE FORMATION OF SEVEN (7) LANDSCAPING AND LIGHTNG ZONES AND/OR SUBZONES WITHIN THE CITY'S CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT, FOR FISCAL YEAR 2004/2005, AND THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN SUCH DISTRICT FOR FISCAL YEAR 2004/2005 AND CONFIRMING DIAGRAMS AND ASSESSMENTS. WHEREAS, the City Council of the City of Palm Desert, California (hereafter referred to as the "City Council") called and duly held a property owner protest proceeding for seven (7) new zones or subzones within the Consolidated Landscaping and Lighting District, (hereafter referred to as the "District") 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 Act) and the California Constitution Articles XIIIC and XIIID, for the purpose of presenting to the qualified property owners within the District the annual levy of assessments for the costs and expenses of the operation, maintenance, repair and servicing of landscape maintenance easement areas, street lighting and all appurtenant facilities and operations related thereto; and, WHEREAS, the landowners of record within the Zones as of the close of the Public Hearing held on July 8, 2004 did cast their ballots, weighted by the proportional financial obligation of each ballot, the results of which are illustrated below: ZONE YES NO 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 Resolution No. 04-78 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY RESOLVE AS FOLLOWS: Section 1 The above recitals are true and correct. Section 2 The results of the tabulation of the valid property owner protest ballots retumed by the property owners within said Zones, prior to the conclusion of the Public Hearing and property owner protest proceeding held for the Zones on July 8, 2004, are hereby confirmed and made public record. Section 3 The tabulation of the valid property owner protest ballots retumed by the property owners within said Zones indicates approval of the assessment for certain or all Zones, and the City Council is hereby authorized to take the necessary steps to levy the assessments as approved. Section 4 The City Clerk is hereby directed to enter this Resolution on the minutes of the City Council, which shall constitute the official declaration of the result of such property owner protest proceeding. Section 5 This Resolution shall become effective immediately upon its adoption. Section 6 The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this day of , 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAINED: ATTEST: ROBERT A. SPIEGEL, Mayor RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California 2 RESOLUTION NO. 04-79 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER'S REPORT REGARDING THE FORMATION OF SEVEN (7) LANDSCAPING AND LIGHTNG ZONES AND/OR SUBZONES WITHIN THE CITY'S CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2004/2005 The City Council of the City of Palm Desert, California (hereafter referred to as City Council) hereby finds, determines, resolves and orders as follows: WHEREAS, The City Council, pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code, did by previous Resolution order the Engineer, MuniFinancial, to prepare and file a report in accordance with Article 4 of Chapter 1 of Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22565, in connection with the proposed levy and collection of assessments for certain Zones of the Consolidated Landscaping and Lighting District, (hereafter referred to as the District) for the fiscal year commencing July 1, 2004 and ending June 30, 2005; and, WHEREAS, The Engineer has prepared and filed with the City Clerk of the City of Palm Desert and the City Clerk has presented to the City Council such report entitled "Engineer's Report, Consolidated Landscaping and Lighting District", Fiscal Year 2004/2005, (hereafter referred to as the Report); and, WHEREAS, The City Council has carefully examined and reviewed the Report as presented, and is satisfied with each and all of the items and documents as set forth therein, and finds that the levy has been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed, as set forth in said Report; and, NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS: Section 1 The above recitals are all true and correct. Section 2 The Report as presented, consists of the following: a) A Description of the Zones and Improvements. b) The Annual Budget (Costs and Expenses of Services, Operations and Maintenance) c) A Description of the Method of Apportionment resulting in an Assessment Rate per Levy Unit within said Zones for Fiscal Year 2004/2005. Resolutin No. 04-79 Section 3 The Report as presented, is hereby approved (as amended), and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. Section 4 The City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the presentation and final approval of the Report. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this day of , 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAINED: ATTEST: ROBERT A. SPIEGEL, Mayor City of Palm Desert RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California 2 RESOLUTION NO. 04-80 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR SEVERAL OR ALL OF THE SEVEN (7) LANDSCAPING AND LIGHTNG ZONES AND/OR SUBZONES WITHIN THE CITY'S CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR 2004/2005 The City Council of the City of Palm Desert, California (hereafter referred to as City Council) hereby finds, determines, resolves and orders as follows: WHEREAS, The City Council has by previous Resolutions initiated proceedings and declared its intention to levy special benefit assessments against parcels of land within several or all of the newly formed Zones within the Consolidated Landscaping and Lighting District, (hereafter referred to as the District) for the fiscal year commencing July 1, 2004 and ending June 30, 2005; pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter referred to as the "Act") to pay the costs and expenses of operation, maintenance, repair and servicing of landscape maintenance easement areas, street lighting and all appurtenant facilities and operations related thereto; and, WHEREAS, The Engineer selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council the Engineer's Annual Levy Report (hereafter referred to as the Report) in connection with the proposed levy and collection of special benefit assessments upon eligible parcels of land within the Zones, and the City Council did by previous Resolution approve such Report; and, WHEREAS, The City Council desires to levy and collect assessments against parcels of land within the Zones for the fiscal year commencing July 1, 2004 and ending June 30, 2005, to pay the costs and expenses of operation, maintenance, repair and servicing of landscape maintenance easement areas, street lighting, and all appurtenant facilities and operations related thereto; and, WHEREAS, The City Council has previously conducted a property owner protest ballot proceeding for all Zone assessments proposed to be levied for Fiscal Year 2004/2005, and said assessments are described in the approved Engineer's Annual Levy Report, and the assessments as described comply with all applicable provisions of the California State Constitution Article XIIID. Resolution NO. 04-80 NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS: Section 1 Following notice duly given, the City Council has held a full and fair Public Hearing regarding its Resolution approving or amending the Engineer's Annual Levy Report prepared in connection therewith; the levy and collection of assessments, and considered all oral and written statements, protests and communications made or filed by interested persons. The City Council has determined that the property owners in accordance with the requirements of the Califomia State Constitution, Article XIIID have approved the assessments so presented. Section 2 Based upon its review (and amendments, as applicable) of the Engineer's Annual Levy Report, a copy of which has been presented to the City Council and which as been filed with the City Clerk, the City Council hereby finds and determines that: a) The land within said Zones will receive special benefit by the operation, maintenance and servicing of landscaping easement areas, street lighting, and appurtenant facilities within the boundaries of District. b) Zones include all of the lands receiving such special benefit. c) The net amount to be assessed upon the lands within the Zones is in accordance and apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services for the fiscal year commencing July 1, 2004 and ending June 30, 2005. Section 3 The Report and assessment as presented to the City Council and on file in the office of the City Clerk are hereby confirmed as filed. Section 4 The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as the maintenance, operation, administration and servicing of the improvements including street lights, turf, ground cover, shrubs and trees, irrigation systems, water features, drainage systems, and all appurtenant facilities related thereto. Section 5 The maintenance, operation and servicing of improvements shall be performed pursuant to the Act and the County Auditor of Riverside County shall enter on the County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be collected 2 Resolution No. 04-80 Section 6 at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer. The City Treasurer shall deposit all money representing assessments collected by the County for the Zones to the credit of a fund for the Consolidated Landscaping and Lighting District, and such money shall be expended only for the maintenance, operation and servicing of the improvements as described in Section 4. Section 7 The adoption of this Resolution constitutes the Zone levies for the Fiscal Year commencing July 1, 2004 and ending June 30, 2005. Section 8 The City Clerk is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this day of , 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAINED: ATTEST: ROBERT A. SPIEGEL, Mayor RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California 3 Resolution No. 04-80 'JRD LfR GEZILD F?fitfD DR City Owned Olive Court City Owned City Owned Petunia Place I J City Owned TT ITT 30087� . TT 300.',7 3027 City City Owned 1 Owned City Owned TT 3026-9� Conceptual Lki r TT 31020 Q Conceptual TT 30706 AGiDETT 39,01E co City Owned r30025 13 TT 025 ' cL1w! li Eil `TT 30216 TT 3R ( E ITT 30216 TT 31860 IO K. • oPitb' oc 4. — - \TT 29444 , TT 29444 �IT II -1 alli_ i �L1 L FRANK SINATRA DR City of Palm Desert O.S. CITY COUNCIL GERALD FORD DR Petunia II Petunia Place - Sundance - East College View Estates I The Boulders Daisy Lane n FRANK SUBDIVISIONS WITHOUT LANDSCAPE AND LIGHTING DISTRICTS OR HOMEOWNER ASSOCIATIONS w.c s 0 400 800 Feet City of Palm Desert 03-10-04 L_ Palm Court CITY COUNCIL nI. Q V/4 .0L0° LEON` VIA SANMARTINO VIA SAN MAR t T MAS- a W M � iv SUBDIVISIONS WITHOUT LANDSCAPE AND LIGHTING DISTRICTS OR HOMEOWNER ASSOCIATIONS ME JEEP W+p 0 400 800 Feet