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HomeMy WebLinkAboutReso 2001-57 ACCT. NO. 68-2222 RESOLUTION NO. 2001-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY ORDERING FORMATION OF STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. ONE, UNDER THE LANDSCAPING AND LIGHTING ACT OF 1972 AND AUTHORIZING THE LEVY AND COLLECTION OF ASSESSMENTS FROM SAID DISTRICT IN ORDER TO FUND THE INSTALLATION, CONSTRUCTION, AND MAINTENANCE OF CERTAIN LANDSCAPING AND LIGHTING IMPROVEMENTS WHEREAS, the Landscaping and Lighting Act of 1972 (the "Act", Cal. Streets & Highways § 22500 et seq.) authorizes the formation of an assessment district for the purpose of funding public improvements such as installing or planting landscaping, installing or constructing public lighting facilities, installing or constructing any facilities which are appurtenant to the landscaping and lighting improvements,and maintaining such improvements, including graffiti removal; and WHEREAS, on June 13, 2001, the City Council of the City of Cathedral City (the C "City") adopted Resolution No. 2001-39, a resolution of intention proposing the formation of Street Lighting and Landscaping Maintenance District No. One, an assessment district proposed to be formed under the Landscaping and Lighting Act of 1972 (the "Act")for the purpose of creating a revenue source to fund the installation, construction, and maintenance of certain landscaping and lighting improvements; and WHEREAS, owners of all properties located within the boundaries of the proposed District were mailed assessment ballots at least 45 days prior to the date of the public hearing upon the proposed assessment; and WHEREAS, at the City Council Meeting of August 8, 2001, at the time, date and place specified in the public hearing notice, a public hearing was conducted and the City Council considered all objections and protests to the formation of the District and all interested persons were permitted to present written and oral testimony; and WHEREAS, at the conclusion of the public hearing on the proposed format of the District, the City Clerk unsealed and tabulated all of the assessment ballots submitted to the City and not withdrawn; and WHEREAS, the City Clerk determined that the number of ballots submitted in favor of the assessment exceeded the number of ballots submitted in opposition to the assessment; and WHEREAS, there being no majority protest against the proposed assessment, the City Council is authorized to order the formation of Street Lighting and Landscaping Maintenance District No. One and the landscape and lighting improvements described in Resolution No. 2001-39. NOW THEREFORE, THE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS: Section 1. PROPOSED FORMATION OF DISTRICT That Street Lighting and Landscaping Maintenance District No. One (the"District"), an assessment district under the Landscape and Lighting Act of 1972 (Cal. Streets & Highways, §§ 2250 et seq.) (the "Act"), is hereby formed within the City of Cathedral City ("City"). Section 2. IMPROVEMENTS (a) That the improvements to be funded by the assessments to be collected from the District are the operation, maintenance, rehabilitation and servicing of landscaping, lighting and appurtenant facilities, including but not limited to personnel, electrical energy, utilities such as water, materials, contracting services, and other items necessary for the satisfactory operation of said services. (b) That the landscaping and appurtenant facilities shall include but are not limited to the following: landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk maintenance resulting from landscape growth and appurtenant facilities, in public rights-of-way, medians, parkways and dedicated easements within the proposed boundaries of the proposed District. (c) That the lighting and appurtenant facilities shall include but are not limited to the following: poles, fixtures, bulbs, conduits, conductors, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide safety lighting in public rights-of-way and dedicated easements within the proposed boundaries of the proposed District. (d) That the maintenance shall include furnishing of services and materials for the ordinary and usual operation, maintenance and servicing of the landscaping, public lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, public light facilities or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; and the removal of trimmings, rubbish, debris and other solid waste; the cleaning, sandblasting, and painting of walls and other improvements to remove graffiti. (e) That servicing means the furnishing of water for the irrigation of the landscaping and the maintenance of any of the public lighting facilities, landscaped improvements or appurtenant facilities, and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or operation of landscaping or appurtenant facilities. 2 Section 3. DISTRICT BOUNDARIES (a) That the District shall have four (4) initial benefit zones consisting of Final Tract Nos. 29664, 29584, 29487, and 29139 in the Century Park area of the City. (b) That the exterior boundaries of the District and the boundaries of each initial benefit zone shall be as depicted on the Diagram of the Assessment District Boundaries, which is included as Part F of the draft of the Engineer's Report for Street Lighting and Landscaping Maintenance District No. One, dated May 24, 2001, a copy of which is on file with the City Clerk. Section 4. LEVY AND COLLECTION OF ASSESSMENTS That the assessments upon assessable lots and parcels of land within the District shall be levied and collected as set forth in the Report filed by the City Engineer in support of the formation of Street Lighting and Landscaping Maintenance District No. One, a copy of which is on file with the City Clerk. Section 5. CITY CLERK The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which Resolution is passed and adopted. [THIS PORTION INTENTIONALLY BLANK] 3 Ci" PASSED, APPROVED AND ADOPTED this : " da f ug st 2001 -ir 'N..._.ilCiN Mayor George Stettler ATTE co of • o -1i , ' iii Donna M. Velotta, City Clerk •`4 04 APPROVED AS TO FORM: * ' ROVED AS TO CONTENT• Cga‘ joit,z it 9i,,,,,....- 1 a,city Attorney Dave Fa el, ity Engine Clow-Ips R. G,eeti''.-- A sr}, REVIEWED: al/ 6,1-1 Donald E. Bradley, C' Manager C C 4 Si( PROPOSED MAINTENANCE DISTRICT / Li -414\ ZONE 1 TRACT 29664 CENTURY HOMES 72 LOTS ZONE 2 TRACT 29584 JOHN HARDY JONES 6$ Lo'rS �:�P4 ZONE 3 TRACT 29665 CENTURY HOMES 26 LOTS ZONE 5 TRACT 29487 CORNERSTONE DEVELOPMENT 80 LOTS �'4�,� ZONE 6 TRACT 29139 TON YEE 88 LOTS " roar 4rille,ir, i . - v aymerricr-lri 1 .f - 1 101:1101E130 RD I ,,-„1. 1. . , j i..J ■. w 0 1 ,11\ F Of. I• ,:- 1. �.' >,��.a PI ,tif,\-, .....___ ____,Juli r 2 ,.,-„,......_„--__.:ti. i ,.., zri,...eir 14 . , milk ,0 i : 11. .. 2.,..A A 01 1-= - . / 1••••.,citurx, I $ I k VICINITY MAP N.T.S. ''"` PROPOSED MAINTENANCE JUNE 2001 Cathedral ' . c . Oty of Cathedral City DISTRICT No. 11111-700 Avenida tale Guerrero \tot 1 .' 2 Cathedral °h''70-0 DEPARTMENT of COMMUNITY DEVELOPMENT RF 119 Namiaraiara , fol ‘i Al1111\ ti PROPOSED MAINTENANCE DISTRICT as ZONE 4 TRACT 27962 LANDAU DEVELOPMENT SLOTS Ili CI; 5 2• /**\ `��Vi 0 M QV 0 6 \'' M li 11 t ._------) or- 30th AME t y v ■ asc =vi t \ '. ,__ - ' : , . ----t )., - - !ii . 1--ct i: - = a f 1 1 r �� aw�u r---t r----1 r I ( Sala -- �_- VICINITY MAP rv.r.s. C _ Ni. PROPOSED MAINTENANCE DataJUNE 2001 is Cathedral 1. Y DISTRICT No. 1 Sheet2 .t 2 City of Cathedral City Citi—goo Avenelo Ca. 2134 ro DEPARTMENT of COMMUNITY DEVELOPMENT KSL Cathedral(7 City,Ca. 922]4 Chsbd tar DRF Sheets Ph. (7ao) no-0340 120 • City Clerk *ASSESSMENT BALLOT* City Of Cathedral City CITY OF CATHEDRAL CITY 68-700 Avenida Lalo Guerrero STREET LIGHTING AND LANDSCAPING Cathedral City, CA 92234 MAINTENANCE DISTRICT: Landau Development Corporation Zone: 4 Tract No. 27962 Lot No. PO Box 1725 Assessor Parcel Number: 677 521 021 Palm Springs, CA 92263 Situs: Proposed FY 2001-02 Assessment Amount: $394.13 This amount may increase in each succeeding year based on changes in the Consumer Price Index This Assessment Ballot is for the use of the property owner of the parcel identified above. This parcel is subject to the above proposed Assessment for street lighting and landscaping maintenance. The ballot below may be used to express either support for or opposition to the levy of an annual assessment beginning July 1, 2001. In order to be counted, this ballot must be signed in the space provided below by the property owner. If the owner is a partnership or a corporation, or other entity, it must be signed by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows: By Mail Delivery: If by mail, place the ballot in the mail in sufficient time to be received by the City Clerk not later than August 8, 2001. If your ballot is not received in time for the August 8 Public Hearing, the ballot may not be counted. Co. By Personal Delivery: If in person, deliver to the City Clerk at any time up to the close of the Public Hearing on August 8, 2001, to be held in the City Council Chambers, 68-700 Avenida Lalo Guerrero, Cathedral City. For additional information regarding the Assessment, please see the enclosed legal notice and assessment information notice. Please cut along this line and return the ballot below to the City Clerk PROPERTY OWNER BALLOT Zone: 4 Tract No.: 27962 Assessor's Parcel Number: 677 521 021 Owner Name: Landau Development Corporation Situs Address: Proposed Assessment Amount: $394.13 Yes, I SUPPORT the proposed assessment. No, I am OPPOSED to the proposed assessment Date Printed Owner's Name Owner's Signature (Ballot must be signed to be valid) NOTICE TO PROPERTY OWNERS AND BALLOT FOR THE LEVY OF ANNUAL C ASSESSMENTS FOR THE STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT FOR THE CITY OF CATHEDRAL CITY I. Background The property you own or recently purchased in a new subdivision in the City of Cathedral City may or will have some combination of landscaped and irrigated parkways along the main streets, perimeter block walls, and street lights. These facilities will provide a benefit to your properties. They will also require labor and material to maintain, and funds to pay the power bills for the street lights. The "Landscaping and Lighting Benefit Assessment Act of 1972", a State law, permits the establishment of Assessment Districts by cities for the purpose of raising funds to pay for the labor, materials, and costs to service and maintain such improvements. An Assessment District for the maintenance of these facilities has been proposed. This proposed District includes your property. This information is to explain the District formation process, and the ballot procedure to either approve or disapprove the actual formation of the District and the levying of maintenance assessments. II. Notice of Public Hearing and Public Information Hearing On June 13, 2001, the City Council of the City of Cathedral City adopted several resolutions which started the process to form an Assessment District. One of these was a Resolution of Intention to form a Street Lighting and Landscaping Maintenance District. This resolution declared the Council's intention to form the District and to levy annual assessments on the _ properties in the District for the maintenance activities. This resolution also set a formal public hearing for Wednesday evening, August 8, 2001, at 7:30 pm at the City Hall Council Chambers, to discuss this proposed District and to hear from the property owners involved. You are invited and requested to attend. The City will also conduct an informal Public Information Meeting, where City staff members can answer any questions regarding the proposed District. INFORMAL PUBLIC INFORMATION MEETING Time: 7:00 P.M. Date: Tuesday, July 24, 2001 Place: Study Session Room City Hall, 68-700 Avenida Lalo Guerrero Cathedral City, CA FORMAL PUBLIC HEARING Time: 7:30 P.M. Date: Wednesday, August 8, 2001 Place: City Council Chambers City Hall, 68-700 Avenida Lalo Guerrero Cathedral City, CA At the public hearing the City Council will hear from all interested people, and will consider all objections or protests, if any, to the proposed assessments. Any interested person is 4100 welcome to present written or oral testimony. At the close of the public hearing, the City Council will decide, based on the outcome of the assessment ballot proceeding discussed below, and the testimony received at the public hearing, whether to impose the proposed annual assessment. III. Notice of Assessment Ballot Proceeding This is only a proposed Assessment District at this time. The District will not be formed, nor will any assessments be levied unless the property owners in each respective benefit zone approve the district by an affirmative, written majority vote. Proposition 218 requires that all record property owners in the proposed Assessment District shall have the opportunity to express their support for or opposition to the proposed assessment through an assessment ballot proceeding. A written ballot is included with this mailing. Property owners who wish to submit a ballot must mail or personally deliver their ballots to the City Clerk prior to the close of the public hearing on August 8, 2001. For each benefit zone, the value of ballots in support of the assessment must exceed the value of ballots in opposition to the proposed assessment in order for the assessment to be approved. A ballot may be withdrawn and changed prior to the close of the public hearing. See the enclosed page for more detailed information on the Assessment Ballot Procedures. N. Notice of Assessment Information • The proposed District is made of six (6) benefit zones. Each zone is an entire subdivision. The proposed annual assessment for each zone is based upon the estimated annual costs to maintain the landscaped parkways and irrigation systems, to pay for street light power costs, to maintain drainage basins in the subdivision, and to pay for the removal of graffiti from the perimeter walls. The proposed assessment in each subdivision is different, because each subdivision has a different quantity of improvements to maintain, and a different number of lots. • The total annual Assessment for all six benefit zones in the proposed Street Lighting and Landscaping Maintenance District for Fiscal Year 2001-02 is approximately $114,000. • Your proposed annual assessment is shown on the enclosed ballot form. If the District Cs; is approved, this Assessment will be placed on your property tax bill, beginning your property tax bill for FY 01-02. • Duration of Proposed Assessment: The proposed assessment shown on the enclosed assessment ballot will be levied annually beginning July 1, 2001. Subject to City Council approval, it may be increased each year in accordance with changes to the Consumer Price Index (CPI). Any increase in the assessment in excess of the annual CPI adjustment, if any, must be submitted to you for your approval by ballot. • The property owners in each of the six (6) proposed local benefit Zones will receive ballots for approval or disapproval of the assessment in their zone. The ballots for each of the six local Zones will be tabulated separately • If a majority of the ballots returned for each Zone prior to the close of the August 8 public hearing are in support of the assessment, then funding for the maintenance of the improvements for the Zone will be provided by the assessment. • If a majority of the ballots returned for each Zone prior to the close of the public hearing are in opposition of the assessment, then the assessment for that Zone will not be imposed. • Reason for the proposed Assessment: To defray costs of the operation, servicing and maintenance of public street lighting and landscaping, including but not limited to personnel, electrical energy, water, landscape planting, drainage, graffiti removal, maintenance, trimming of trees, ground cover and turf maintenance, and other items necessary for the satisfactory operation of these services in Cathedral City. V. How the Assessment is Calculated Basis for calculation of the Assessment: In accordance with Proposition 218, all parcels within the proposed boundaries receive a special benefit from street lighting and landscaping maintenance. The Assessment Information Sheet summarizes a detailed Engineer's Report that was prepared for this Assessment by a registered professional engineer. The Assessment Engineer's Report is on file in the office of the City Clerk and the City Engineer, and may be reviewed during normal business hours. City Hall is open from 7:00A.M. to 6:00 P.M., Monday through Thursday. VI. Questions about These Proceedings Please review the enclosures. If you have any questions about the proposed assessments or this process, please contact Dave Faessel, City Engineer at the City Hall, (760) 770-0340. Assessment Information Sheet The Landscaping and Lighting Act of 1972 permits the establishment of Assessment Districts by cities for the purpose of providing certain public improvements which include operation, maintenance, rehabilitation and servicing of street lights and landscaping. The single family residential (SFR) parcel has been selected as the basic unit for calculation of assessments since it represents all of the parcels in the District. The single family residential parcel is defined as one Equivalent Dwelling Unit (EDU). The EDU method is considered as the most appropriate and equitable for landscape and lighting districts, because the benefit to each parcel from the improvements are apportioned as a function of land-use type. Local Benefit Zones: There are varying levels of benefit to properties from the operation and maintenance of street lighting, and street landscaping. Benefits which are specific to those parcels in the immediate area are considered local benefits, and the associated costs of these benefits are spread equally over the local area, based on the Equivalent Dwelling Units. The proposed District has been divided into Zones that receive distinct Special Benefit. For Fiscal Year FY 2001-2002, six (6) tracts have been identified, each as a separate proposed • benefit Zone. Each Zone has different levels of lighting and landscaping maintenance costs which are based on the individual improvements within the Zone. Consequently, the proposed assessments vary from zone to zone. Lighting and landscaping maintenance costs that provide a Special Benefit have been determined for each Zone with the details shown in the approved Engineer's Report. These costs and the proposed assessments are summarized below. Summary of Benefit Rates FY 01-02 FY 01-02 Benefit Benefit Assessment No.of Assessment Zone Amount $ Land Use Parcels I Rate Zone 1 (Tract 29664) $ 10,851.251 SFR 72 $ 150.71 Per Parcel Zone 2 (Tract 29584) $ 31,772.501 SFR } 65 $ 488.81 Per Parcel Zone 3 (Tract 29665) $ 4,250.00; SFR 26 $ 163.46 Per Parcel Zone 4 (Tract 27962 & 27962-1) $ 20,495.00 SFR 52 $ 394.13 Per Parcel Zone 5 (Tract 29487) $ 35,013.00; SFR 80 $ 437.66 ` Per Parcel Zone 6 (Tract 29139) $ 11,655.00; SFR 88 $ 132.44 Per Parcel If approved, the assessments will be levied annually. Subject to City Council approval, the assessment rate levied for each EDU may be increased by the Consumer Price Index for all Urban Consumers (CPI) for the Los Angeles, Anaheim, Riverside Area. Any proposed increase above the CPI adjustment requires another property owner ballot ci procedure. ASSESSMENT BALLOT PROCEDURES tC;' Record property owners may submit the enclosed ballot to the City to express support or opposition to their proposed Assessment for Street Lighting and Landscaping Maintenance. Record property owner generally means the owner of a parcel whose name and address appears on the last equalized secured property tax assessment roll. Please follow the instructions'below to complete and return your ballot: 1. Register your vote on the assessment ballot in support of or in opposition to the Assessment by placing an "x" in the corresponding box. 2. Sign and date your ballot. Ballots received without a signature will not be counted. if the record owner is a public entity, partnership, corporation, trust, or limited liability company, the ballot must be signed by an authorized representative. V 3. Mail or personally deliver your ballot to the City Clerk for the City of Cathedral City. A return envelope has been provided for your use. You must provide the postage. 4. Ballots must be received by the City Clerk of the City of Cathedral City prior to the close of the Public Hearing to be held 7:30 P.M. on August 8, 2001, at the City Council Chambers. You may either send you ballot by mail, or deliver it in person at the Public hearing. Either way, the ballot must be received by the close of the Public Hearing. C 5. You may withdraw your ballot, and you may choose to change your vote, at any time up to the close of the public hearing. To do so, contact the City Clerk, and you will be provided with a substitute ballot. Any ballots received after the close of the public hearing cannot legally be counted. 6. Following the close of the August 8 Public. Hearing on the Assessment to be held at the City Council Chambers, the City Clerk will tabulate all of the ballots received for each Zone separately. The ballots are weighted according to the proportionate financial obligation of the affected property with respect to paying the Assessment per Zone. (Simplified, this means 1 vote for each dollarof assessment). 7. If more than one record owner returns a ballot, each ballot shall be weighted in accordance with the proportional ownership interest as such interest appears on the last equalized County assessment roll or from evidence submitted by property owners to the satisfaction of the City. 8. The Assessment will be confirmed for each Zone unless majority protest exists or the City Council decides, based on testimony received, not to impose the assessment. Majority protest exists if, upon the close of the public hearing, the value of the ballots submitted in opposition to the Assessment per Zone exceeds the value of the ballots submitted in favor of the Assessment. 9. If a majority protest exists based upon the weighted assessment value of the ballots received per Zone by the City Clerk prior to the close of the public hearing, the Assessment will not be imposed.