HomeMy WebLinkAboutRes 2023-014RESOLUTION NO. 2023-014
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 2023/2024 AND
PRELIMINARY APPROVAL OF 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 Annual Levy 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 2023/2024,
to pay 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 City Council and is hereby incorporated by reference; and
WHEREAS, the City Council has examined and reviewed the Report, as
presented, and is preliminarily satisfied with the description of the District, zones, and
improvements identified therein; each of the budget items and documents as set forth
therein; and is satisfied that the proposed assessments contained the rein 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 by the City Council of the City of Palm
Desert, California, 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 such land to
pay for the annual costs and expenses of the im provements and services described in
Resolution No. 2023-014 Page 2
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section 5 of this resolution for fiscal year 2023/2024, 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
2023/2024, in accordance with chapter 1, article 4 of the Act, and is hereby approved,
as required by section 22623 of the Act, on a preliminary basis.
Section 4. Boundaries and Designation: The description of the District
boundary and the zones therein are outlined in the Report and by reference is made
part of this resolution. The District includes thirty-three (33) benefit zones and sub-
zones: Canyon Cove (Zone 2); Vineyards (Zone 3); Parkview Estates (Zone 4); Cook
and Country Club (Zone 5): sub-zones are Desert Mirage, Sandcastles, and Primrose 2;
Hovley Lane (Zone 6): sub-zones are Monterey Meadows, Hovley Glen, Hovley
Estates, Sonata I, Sonata II, Hovley Collection, La Paloma I, La Paloma II, La Paloma
III, 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 I, College View Estates II, Sundance East, Sundance West, Petunia I, and The
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 proposed assessments are
outlined in the Report. District Assessments are calculated in accordance with the
method of apportionment established for the District and do not exceed the assessment
rates and annual inflationary adjustment previously authorized by City Council and
approved by the property owners, 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 concerning 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 on Thursday, June 22,
2023 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 shall be afforded the opportunity to hear and to
be heard.
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Section 8. Publication and Posting of Notice: The City shall 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 a posting a copy of this resolution on the
official bulletin board customarily used by the City Council for the posting of notices
pursuant to the Act. For fiscal year 2023/2024, no new or increased asses sments 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.
ADOPTED ON MAY 11, 2023.
KATHLEEN KELLY
MAYOR
ATTEST:
ANTHONY J. MEJIA, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2023-014 is a full, true, and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Desert on May 11, 2023, by the
following vote:
AYES: HARNIK, NESTANDE, QUINTANILLA, TRUBEE, AND KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Desert, California, on .
ANTHONY J. MEJIA
CITY CLERK
Kathleen Kelly (May 23, 2023 17:07 PDT)
Kathleen Kelly
Anthony Mejia (May 24, 2023 08:41 PDT)
Anthony Mejia (May 24, 2023 08:41 PDT)
May 24, 2023