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HomeMy WebLinkAboutRes 2021-141 1 1 RESOLUTION NO. 2021-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT THE ANNUAL ASSESSMENTS FOR CONSOLIDATED PALM DESERT LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2021/2022 AND TO GRANT PRELIMINARY APPROVAL TO THE ENGINEER'S REPORT 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 provisions of the Landscaping and Lighting Act of 1972, part 2, division 15 of the Streets and Highways Code of the State of California, commencing with section 22500 (hereafter referred to as the "Act"), did, by previous resolution, order the preparation of the Engineer's Report (hereafter referred to as the "Report") for the district known and designated as Consolidated Palm Desert Landscaping and Lighting Maintenance District No. 1 (hereafter referred to as the "District"); and WHEREAS, the City Council proposes to levy and collect assessments against lots and parcels of land within the various zones of the District for fiscal year 2021/2022 in order to pay for the maintenance, servicing, and operation of the improvements related thereto, pursuant to the provisions of the Act; and WHEREAS, Willdan Financial Services has prepared and filed the Report with the city clerk, pursuant to section 22623 of the Act, and the Report has been presented to the City Council and is hereby incorporated by reference; and WHEREAS, the City Council has examined and reviewed the Report, as presented, and is satisfied with the preliminary description of the District, zones, and improvements identified therein; each of the budget items and documents as set forth therein; and the proposed assessments contained therein, which have been spread in accordance with the special benefits received from the improvements, operation, maintenance, and services to be performed within the District, as set forth in the Report or as modified by City Council action and incorporated herein. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL, THE LEGISLATIVE BODY FOR THE DISTRICT, AS FOLLOWS: Section 1. The above recitals are true and correct. Section 2. Intention: The City Council hereby declares its intention to order the annual levy and collection of assessments within the District, over and including the land within the District boundary, and to levy and collect assessments on 1 of 3 RESOLUTION NO. 2021-14 such land in order to pay for the annual costs and expenses of the improvements and services described in section 5 of this resolution for fiscal year 2021/2022, pursuant to the provisions of the Act. Section 3. Approval: The Report has been prepared and filed with the city clerk. The city clerk has presented to the City Council the Report on the proposed improvements, assessments, and levy and collection of assessments for fiscal year 2021/2022, in accordance with chapter 1, article 4 of the Act, and the Report is hereby approved on a preliminary basis, as required by section 22623 of the Act. Section 4. Boundaries and Desionation: The Report describes the District boundaries and zones, which, by reference, are made part of this resolution. The District includes thirty-three (33) benefit zones and sub -zones. They are as follows: Canyon Cove (Zone 2), Vineyards (Zone 3), Parkview Estates (Zone 4), and Cook and Country Club (Zone 5): sub -zones are Desert Mirage, Sandcastles, and Primrose 2. Hovley Lane (Zone 6): sub -zones are Monterey Meadows, The Glen, Hovley Estates, Sonata i, Sonata 11, Hovley Collection, La Paloma 1, La Paloma 11, La Paloma 111, Sandpiper Court, Sandpiper West, Hovley Court West, Diamondback and Palm Court. Waring Court (Zone 7), Palm Gate (Zone 8), The Grove (Zone 9), Portola Place (Zone 11), Palm Desert Country Club (Zone 13), K&B at Palm Desert (Zone 14), Canyon Crest (Zone 15), and Shepard Lane (Zone 16): sub - zones are College View Estates 1, College View Estates 11, Sundance East, Sundance West, Petunia 1, and Boulders. This District is designated as "Consolidated Palm Desert Landscaping and Lighting Maintenance District No. 1". Section 5. Description of Improvements: Reference is hereby made to the Report for a detailed description of the improvements. The improvements within the District include, but are not limited to, turf, groundcover, shrubs and trees, irrigation systems, street lighting, water features, entry monuments, drainage systems, and all appurtenant facilities and operations related thereto. Section 6. Proposed Assessment Amounts: The Report outlines the proposed assessments. District Assessments are calculated in accordance with the method of apportionment established for the District and do not exceed the previous assessment rates and annual inflationary adjustment that the City Council authorized and the property owners approved, in accordance with the provisions of California State Constitution article XIII D. Section 7. Notice of Public Hearing: The City Council hereby declares its intention to conduct a public hearing on the District improvements and the levy of assessments, in accordance with chapter 3 of the Act. Notice is hereby given that a public hearing on these matters will be held by the City Council 2 of 3 RESOLUTION NO. 2021-14 1 1 1 on Thursday, June 24, 2021, at 4:00 p.m., or as soon thereafter as feasible, at City Hall (in the City Council Chambers), which is located at 73- 510 Fred Waring Drive, Palm Desert, California. At the public hearing, all interested persons will be afforded the opportunity to hear and to be heard. Section 8. Publication and Posting of Notice: The City will give notice of the time and place of the public hearing to all property owners within the District by causing the publishing of this resolution once in the local newspaper not less than ten (10) days before the date of the public hearing and by posting a copy of this resolution on the official bulletin board that the City Council customarily uses for the posting of notices, pursuant to the Act. For fiscal year 2021/2022, no new or increased assessments are proposed and a mailing of a notice and ballot to property owners is not required. Section 9. Direction to City Clerk. The city clerk is hereby authorized and directed to give notice of this public hearing, as provided by law. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council, on the 13th day of May 2021, by the following vote, to wit: AYES: HARNIK, JONATHAN, NESTANDE, QUINTANILLA, and KELLY NOES: NONE ABSENT: NONE ABSTAIN: NONE M. GLORIA SAIICH�L, ACTING: GI Y CLERK CITY OF PALM DESERT, CALIFO NIA 3 of 3 cam/ KATHLEE-KELLY,`iAAY R,