HomeMy WebLinkAboutCC RES 2014-47RESOLUTION NO. 2014-47
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 2014/2015 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 lots and parcels of land within the various Zones of the District for the
fiscal year 2014/2015, 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.
RESOLUTION NO. 2014-47
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 2014/2015.
Section 3
Section 4
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
2014/2015 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."
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.
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RESOLUTION NO. 2014-47
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
26, 2014 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 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 2014/2015, 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.
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RESOLUTION NO. 2014-47
PASSED, APPROVED, AND ADOPTED THIS 22ND DAY OF MAY, 2014.
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss.
CITY OF PALM DESERT)
VAN G. TANNER, Mayor
City of Palm Desert, California
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. 2014-47 was regularly
adopted by the City Council of said City of Palm Desert at a regular meeting of said
Council held on the 22nd day of May, 2014, by the following vote:
AYES: BENSON, HARNIK, SPIEGEL, WEBER, and TANNER
NOES: NONE
ABSENT: NONE
ABSTAINED: NONE
ATTEST:
Rachelle D. Klassen, City Clerk
City of Palm Desert, California
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