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HomeMy WebLinkAboutCC RES 09-28RESOLUTION NO. 09-28 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 2009/10 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 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 2009/10, to pay the maintenance, servicing and operation of the improvements related thereto; and, WHEREAS, Willdan Financial Services 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: 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 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 the improvements and services described in Section 5 of this resolution, for fiscal year 2009/10. RESOLUTION NO. 09-28 Section 3 Section 4 Section 5 Section 6 Section 7 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 2009/10 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. 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, 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, 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 Boulders. The District is designated as "Consolidated Palm Desert Landscaping and Lighting District." 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. 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. 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 June 11, 2009 at 4:00 P.M., or as soon thereafter as feasible 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. 2 RESOLUTION NO. 09-28 Section 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 Tess 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 2009/10, no new or increased assessments are proposed and a mailing of a notice and ballot to property owners is not required. Section 9 The City Clerk is hereby authorized and directed to give notice of such hearing as provided by law. PASSED, APPROVED, AND ADOPTED THIS 7TH DAY OF MAY, 2009. STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF PALM DESERT) OBERT A. SPIEGEL, Mg(Y,OR CITY OF PALM DESERT, LIFORNIA I, Rachelle D. Klassen, City Clerk of the City of Palm Desert, County of Riverside, State of California do hereby certify that the foregoing Resolution No. 09-28 was regularly adopted by the City Council of said City of Palm Desert at a special meeting of said Council held on the 7th day of May, 2009, by the following vote: AYES: BENSON, FERGUSON, KELLY, and SPIEGEL NOES: NONE ABSENT: FINERTY ABSTAINED: NONE ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 3