HomeMy WebLinkAboutCC RES 04-051RESOLUTION NO. 04-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, DECLARING ITS INTENTION FOR THE LEVY
AND COLLECTION OF ASSESSMENTS FOR THE CONSOLIDATED
PALM DESERT LANDSCAPING AND LIGHTING DISTRICT FOR
FISCAL YEAR 2004/05 AND PRELIMINARY APPROVAL OF THE
ENGINEER'S REPORT
WHEREAS, 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 California Streets and Highways Code
(commencing with section 22500) (hereafter referred to as the "Act") did by previous
resolution, order the preparation of an Engineer's Report (hereafter referred to as the
"Report") for the District known and designated as the Consolidated Palm Desert
Landscaping and Lighting District (hereafter referred to as the "District"); and
WHEREAS, The City Council pursuant to provisions of the Act proposes to levy
and collect assessments against Tots and parcels of land within the various Zones of the
District for the fiscal year 2004/05, to pay the maintenance, servicing and operation of the
improvements related thereto; and
WHEREAS, MuniFinancial has prepared and filed a Report with the City Clerk
pursuant to Section 22623 of the Act, and said 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, the Zones
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 within the District, as set forth in
said Report or as modified by City Council action and incorporated herein.
NOW, THEREFORE BE IT RESOLVED, determined, and ordered by the City
Council, for the District, pursuant to Chapter 3, Section 22624 of the Act, as follows:
1. The above recitals are true and correct.
2. Intention: The City Council hereby declares its intention to order the annual
levy and collection of assessments within the District pursuant to the Act,
over and including the land within the District boundary, and to levy and
collect assessments on such land to pay the annual costs and expenses of
RESOLUTION NO. _04-51
the improvements and services described in Section 5 of this resolution, for fiscal
year 2004/05.
3. The Report has been prepared and filed with the City Clerk. The City Clerk
has presented to the City Council, a Report in connection with the proposed
improvements, assessments, the levy and collection of assessments for
fiscal year 2004/05 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.
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 twenty-eight (28) 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, The 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 and Diamondback; 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 II and Sundance. The District is designated as "Consolidated Palm
Desert Landscaping and Lighting District."
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, ground cover, shrubs and trees,
irrigation systems, street lighting, water features, entry monuments, drainage
systems and all appurtenant facilities and operations related thereto.
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 the California State Constitution, Article
XIIID.
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 July 8, 2004 at 4:00 P.M., or as soon thereafter as feasible
RESOLUTION NO. _04-51
in the City Hall (Council Chambers), 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 be heard.
8. 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 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
2004/05, no new or increased assessments are proposed and a mailing of
a notice and ballot to property owners is not required.
9. The City Clerk is hereby authorized and directed to give notice of such
hearing as provided by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, this _10th day of June , 2004 by the following vote, to wit:
AYES: BENSON, CRITES, FERGUSON, KELLY, SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RA HELLE`6'KCASSEN, City Clerk'
City of Palm Desert, California
ROBERT A. SPIEGEC,d4e9
2
Resolution No. 04-51
Consolidated Landscape and Lighting District
Assessments Rates
Fiscal Year 2004/2005
District Units
La Paloma 1 16
Sonata I 16
Desert Mirage 29
Hovley Estates 16
Sandpiper West 16
Sandpiper Court 16
Kaufman & Broad 163
Sonata II 94
Primrose 2 37
Monterey Meadows 40
Hovley Glen 16
Paloma 2 16
Paloma 3 15
Waring Court 16
Portola Place 23
Hovley Collection 38
Palm Gate 37
Hovley West 16
Canyon Cove 222
Vineyards 132
Parkview Estates 172
Sandcastles 41
Diamondback Road 20
The Grove 105
Palm Desert
Country Club 1,730
Canyon Crest 67
College View
Estates II 32
Sundance 32
Table 1-1
Annual Levy
$368.58
$321.18
$370.44
$389.42
$375.66
$378.56
$117.20
$121.56
$170.56
$86.21
$276.48
$379.42
$276.61
$424.46
$191.95
$125.52
$70.39
$292.22
$86.21
$62.01
$21.56
$50.69
$371.61
$208.05
$28.31
$153.14
$326.39
$312.64
Renovation
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No / Declined Levy
No / Declined Levy
No / Declined Levy
No / Not Required
No /Not Required
No /Not Required
No /Not.Ftequired
No /Not Required
No /Not Required
No /Not Required
No /Not Required
No /Not Required
No /Not Required