HomeMy WebLinkAboutRes 2023-023RESOLUTION NO. 2023-023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, CONFIRMING THE DIAGRAM AND
ASSESSMENTS, AND ORDERING THE LEVY AND COLLECTION OF
ASSESSMENTS WITHIN CONSOLIDATED PALM DESERT
LANDSCAPING AND LIGHTING DISTRICT NO. 1 FOR FISCAL YEAR
2023/2024 AT TAKING OTHER ACTIONS THEREIN
WHEREAS, the City Council has, by previous resolutions, initiated proceedings
and declared its intention to levy special benefit assessments against parcels of land
within Consolidated Palm Desert Landscaping and Lighting District No. 1 (hereafter
referred to as the “District”) for the fiscal year commencing July 1, 2023 and ending
June 30, 2024, 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 (hereafter referred to as the “Act”), in order to pay for the costs and
expenses of operating, maintaining, and servicing landscaping, lighting, and
appurtenant facilities within the District; 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 the 2023/2024
Engineer's 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 District, and the City Council did, by previous resolution, approve the
Report; and
WHEREAS, the City Council desires to confirm the diagram and assessments
and levy and collect assessments against parcels of land within the District for the fiscal
year commencing July 1, 2023 and ending June 30, 2024, in order to pay for the costs
and expenses of operating, maintaining, and servicing landscaping an d street lighting
improvements and appurtenant facilities within the District, and for which assessed
properties receive special benefits.
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 and incorporated herein by
this reference.
SECTION 2. Fair Public Hearing. Following notice duly given, the City Council
has held a full and fair public hearing regarding the District, the levy and collection of
assessments, and the Report prepared in connection therewith, and has considered
any oral and written statements, protests and communications that interested persons
have made or filed regarding these matters, and confirmed no majority protest exists.
SECTION 3. City Council Findings. Based upon its review, and amendments, as
applicable, of the Report, a copy of which has been presented to the City Council and
filed with the city clerk, the City Council hereby finds and determines that:
A. The land within the District will receive special benefits by the operations,
maintenance, and servicing of landscaping, lighting, and appurtenant facilities within
the boundaries of the District.
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Resolution No. 2023-023 Page 2
B. The District includes all of the lands that will receive special benefits.
C. The net amount to be assessed upon the lands within the District is in
accordance with and apportioned by a formula and a method that fairly distribute the
net amount among eligible parcels, in proportion to the special benefits that each
parcel will receive from the improvements and services for the fiscal year commencing
July 1, 2023, and ending June 30, 2024.
SECTION 4.Confirmation of Report and Assessment. The Report and the
assessment, as presented to the City Council, and as on file with the Office of the City
Clerk, comply with the applicable provisions of California State Constitution article XIII
D and are hereby confirmed as filed.
SECTION 5. Improvements Ordered. The maintenance, operation, and servicing
of the improvements and appurtenant facilities will be performed, pursuant to the Act.
The City Council hereby orders the proposed improvements to be made. These
improvements are briefly described as the installation, maintenance , operation,
administration, and servicing of the landscaping and lighting improvements, including
turf, ground cover, shrubs, and trees, irrigation systems, street lighting, water features,
ornamental lighting, entry monuments, drainage systems and all ap purtenant facilities
related thereto.
SECTION 6. County Collection of Levy. The County Auditor/Controller of
Riverside County (hereafter referred to as the “County”) will enter on the County
Assessment Roll, opposite each eligible parcel of land, the amo unt of the levy. The
levy will be collected at the same time and in the same manner as County taxes are
collected. After the County collects the levy, the net amount of the levy will be paid to
the Treasurer of the City of Palm Desert.
SECTION 7. Restricted Use of Assessment Money. The City Treasurer will
deposit all money representing assessments that the County has collected for the
District, into a District fund. This money will be expended only for the maintenance,
operation, and servicing of the landscaping, lighting, and appurtenant facilities that are
described in Section 5.
SECTION 8. Adoption of District Levy. The adoption of this resolution constitutes
the District levy for the fiscal year commencing July 1, 2023, and ending June 30,
2024.
SECTION 9. Direction to City Clerk. The city clerk, or his or her designate, is
hereby authorized and directed to file the levy with the county auditor/controller upon
adoption of this resolution.
SECTION 10. Effective Date. This Resolution shall be effective immediately
upon its adoption.
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ADOPTED ON JUNE 22, 2023.
_______________________________
KATHLEEN KELLY
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2023-023 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 June 22, 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
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