The URL can be used to link to this page

Home My WebLink About21313 - RESOLUTIONS - 6/15/2005 RESOLUTION NO. 21313 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY IDENTIFIED AS "MOUNTAIN GATE ll" (TRACTS 32028-1 AND 32028) TO THE PARKWAY MAINTENANCE DISTRICT NO. 10 ("MOUNTAIN GATE"); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO COMMENCING WITH FISCAL YEAR 2005-06; 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 annexation of territory known as "Mountain Gate ll" (Tracts 32028-1 and 32028), (hereafter referred to as "Annexation A No. 1"), to the existing Parkway Maintenance District No. 10 ("Mountain Gate"), (hereafter referred to as the "District'), within the City of Palm Springs; and to levy and collect annual assessments to pay for the operation, maintenance and servicing of landscape improvements and appurtenant facilities related thereto; and, WHEREAS, the City Council desires to annex the territory of land designated as Annexation No. 1 to the District; establishing Annexation No. 1 as a separate benefit zone within the District; and to levy and collect annual assessments against lots and parcels of land within Annexation No. 1 to pay the cost and expenses related to the improvements described in Section 3 of this Resolution; and, WHEREAS, the Engineer has prepared and filed with the City Clerk a Report in connection with the annexation, and the levy of assessments commencing with Fiscal Year 2005/2006 (July 1, 2005, and ending June 30, 2006) in accordance with Chapter 1, Article 4 of the Act; and the Council did by previous Resolution preliminarily approve such Report. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1, The City Council hereby declares its intention to annex to the District all parcels of land within the residential subdivision known as "Mountain Gate ll" (Tracts 32028-1 and 32028); and to levy and collect annual assessments against parcels of land therein commencing with fiscal year 2005-06. Resolution No. 21313 Page 2 Section 2. The territory of land within Annexation No. 1 includes all lots and parcels ' within the residential development known as "Mountain Gate II" (Tracts 32028-1 and 32028), identified as Assessor's Parcel Numbers — Book 669, Page 63, Parcels 1 through 74; Book 669, Page 64, Parcels 1 through 50; and Book 669, Page 65, Parcels 1 through 89; including all subsequent parcel changes, lot line adjustments and subdivisions related thereto. Section 3. The proposed improvements include the operation, maintenance and servicing of landscape improvements and appurtenant facilities to be provided by the City of Palm Springs in connection with the parkway improvements installed along State Highway 111 as part of developing the residential properties within Annexation No. 1 (Tracts 32028-1 and 32028). These landscape improvements may include, but are not limited to palm trees, turf areas with mowing strips, desert indigenous trees and ground cover, annual flowers, a sprinkler irrigation and emitter drip system, landscape drainage system, walkways and associated appurtenant facilities located in the dedicated landscaped parkway (street right-of-way) on the north side of State Highway 111 extending the length of Tracts 32028-1 and 32028. Specifically not included as Annexation No. 1 improvements are: 2a. Landscaped areas located on private property; 2b. Landscaped areas located outside the boundaries of the annexation territory and District; , 2c. Improvements that are funded by other sources available to the City including other assessments; and 2d. Landscaped areas that are maintained and funded by the Homeowner's Association including the well site, open space and park areas within Tracts 32028-1 and 32028. Detailed maps and descriptions of the location and extent of the proposed improvements to be maintained are on file in the Office of Public Works and by reference are made part of this Resolution, Section 4. The proposed assessments for Annexation No. 1 are outlined in the Engineer's Report. The Report details the assessments necessary to provide for the annual operation, administration, services and maintenance of the improvements described in Section 3 of this Resolution. These assessments include a Maximum Assessment Rate, Assessment Range Formula and method of apportionment that shall be submitted to the property owners of record within Annexation No. 1 for approval pursuant to the provisions of the California Constitution Article XIIID (Proposition 218). The Engineer's Report also identifies the proposed assessment for the first fiscal year Resolution No. 21313 Page 3 Section 5. The City Council hereby declares its intention to conduct a Public Hearing concerning the annexation of territory to the District, and the levy of assessments for the improvements in accordance with Chapter 2, Article 1, Section 22587, (e); of the Act. 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. Section 6. Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Wednesday July 20, 2005, at 6:00 p.m., or as soon thereafter as feasible in the City Council Chambers at City Hall, located at 3200 E. Tahquitz Canyon Way, Palm Springs, California. Section 7. 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 such notices, pursuant to Chapter 3, Section 22626 of the Act. Section 8. The City Council herby declares its intention to conduct a public hearing regarding Annexation No. 1 to Parkway Maintenance District No. 10; and calls for a property owner protest balloting proceeding for the assessments 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 9. The property owner protest ballot proceeding conducted for Annexation No. 1 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 owners of record within Annexation No. 1 subject to an assessment, pursuant to the California Constitution Article XIIID. Each property owner (landowner) may return the ballot by mail or in person to the City Clerk no later than the conclusion of public testimony at the Public Hearing on Wednesday, July 20, 2005. Valid property owner protest ballots must be completed and received by the City Clerk prior to the conclusion of the public testimony for tabulation. At the conclusion of public testimony the City Clerk or their designee shall open all ballots returned and tabulate the ballots pursuant to the California Constitution Article XIIID Section 4, Sub-Section 4 (e). The ballots shall be weighted according to the proportional financial obligation of the affected properties to determine if majority protest exists. Majority protest exists if the ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. Section 10. 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 of record Resolution No. 21313 Page 4 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. ADOPTED THIS 15th day of June, 2005. David H. Ready, City Mager . ATTEST: Imes Thompson, City Clerk �j CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that , Resolution No. 21313 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on June 15, 2005, by the following vote: AYES: Members Foat, Pougnet and Mayor Pro Tern McCulloch NOES: None ABSENT: Member Mills and Mayor Oden ABSTAIN: None ��-ors-�--- mes Thompson, City Clerk ity of Palm Springs, California 1