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HomeMy WebLinkAboutRes 2025-030RESOLUTION NO. 2025-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENTION TO LEVY THE ANNUAL ASSESSMENT FOR CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEAR 2025/2026, PURSUANT TO THE BENEFIT ASSESSMENT ACT OF 1982 AND APPOINTING A TIME AND PLACE FOR THE PUBLIC HEARING ON THESE MATTERS WHEREAS, the City Council, by previous action and resolution, formed the “Palm Desert Benefit Assessment District No. 1” (hereafter referred to as the “District”), pursuant to the Benefit Assessment Act of 1982, chapter 6.4, division 2, title 5 of the Government Code of the State of California, commencing with section 54703 (hereafter referred to as the “Act”), for purpose of levying annual assessments upon benefiting properties within the District for the maintenance, operation, and servicing of drainage basin and facilities related thereto; and WHEREAS, the City Council proposes to levy and collect assessments against lots and parcels of land within the District for fiscal year 2025/2026, 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 an Engineer’s Annual Levy Report (hereafter referred to as the “Report”) with the city clerk, and the Report has been presented to the City Council in connection with the District and the levy of assessments, pursuant to section 54716 of the Act 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, and improvements identified therein; each of the budget items and documents as set forth therein; and is satisfied that the proposed assessments contained therein have been spread in accordance with the special benefits received from the improvements, operation, maintenance, and services to be performed with in 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. That the foregoing Recitals are true and correct and are incorporated herein by this reference. SECTION 2. Intention. The City Council hereby declares its intention to seek the annual levy of the District assessments pursuant to the Act, over and including the land Docusign Envelope ID: 68277B58-60A7-492C-A9BF-0DDEBE152AE4 Resolution No. 2025-030 Page 2 within the District boundaries to pay the costs of the operation, maintenance, and servicing of the drainage basin and improvements and expenses related thereto for fiscal year 2025/2026. SECTION 3. Report Approval. For a full and detailed description of the improvements, the boundaries of the District, and the proposed assessments upon assessable lots and parcels of land within the District please refer to the Report, which has been prepared and is on file with the city clerk’s office. 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 2025/2026, and the Report is hereby approved on a preliminary basis. SECTION 4. Boundaries and Designation. The boundaries of the District are described in the Report and by reference is made part of this resolution. The District is designated as “Palm Desert Benefit Assessment 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, the maintenance, operation, and servicing of drainage basin and facilities related thereto. There are no new improvements or substantial changes proposed to be made to the existing improvements. 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. The assessments are not proposed to be increased from the previous year. SECTION 7. Notice of Public Hearing. Notice is hereby given that a public hearing on these matters will be held on Thursday, June 26, 2025, 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. 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 (1 0) days before the date of the public hearing, and by 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 2025/2026, no new or increased asse ssments 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. Docusign Envelope ID: 68277B58-60A7-492C-A9BF-0DDEBE152AE4 Resolution No. 2025-030 Page 3 SECTION 10. Effective Date. This resolution shall become effective immediately upon its adoption. ADOPTED ON MAY 8, 2025. JAN C. HARNIK MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2025-030 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 8, 2025, by the following vote: AYES: NESTANDE, PRADETTO, QUINTANILLA, TRUBEE, AND HARNIK 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 Docusign Envelope ID: 68277B58-60A7-492C-A9BF-0DDEBE152AE4 5/12/2025