HomeMy WebLinkAboutCC RES 2012-35RESOLUTION 2012- 35
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 2012/2013 AND PRELIMINARY APPROVAL OF THE
ENGINEER'S REPORT
RECITALS
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 2012/2013, 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
RESOLUTION NO. 2012-35
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 2012/2013.
Section 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
2012/2013 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, 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."
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, ground cover, 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 the California State
Constitution, Article XIIID.
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 June 28, 2012 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.
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
Page 2
RESOLUTION NO. 2012-35
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 2012/2013, 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 24tlDAY OF t.i , 2012.
AYES: BENSON, FINERTY, HARNIK, KROONEN, and SPIEGEL
NOES: • NONE
ABSENT: NONE
ABSTAINED: NONE
ATTEST:
D -.P_�.. ��=
R' C L E D. KLAS EN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
ROBERT A. SPIEG
Page 3