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HomeMy WebLinkAboutCC RES 2017-46RESOLUTION NO. 2017-46 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 2017/2018, 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 Califomia 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 2017/2018 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 the 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 2017/2018. RESOLUTION NO. 2017-46 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, levy and collection of assessments for Fiscal Year 2017/2018 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 Desert Mirage, Sandcastles, and Primrose 2; Hovley Lane (Zone 6), Sub -Zones 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 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. They do not exceed the assessment rates and annual inflationary adjustment previously authorized by the 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 Thursday, July 13, 2017 at 4:00 p.m., or as soon thereafter as feasible in the City Council Chambers, located at 73-510 Fred Waring Drive, Palm Desert, California 92260. 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 Page 2 RESOLUTION NO. 2017-46 pursuant to the Act. For Fiscal Year 2017/2018, 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 at a regular meeting of the Palm Desert City Council, held on this 8th day of June, 2017, by the following vote to wit: AYES: JONATHAN, KELLY, NESTANDE, WEBER, and HARNIK NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: R EL D. KLASSEN ITY CLERK CITY OF PALM DESERT, CALIFORNI APPROVED AS TO FORM: BES BEST & KRIE JAN C. HARNIK, MAYOR CITY ATTORNEY Page 3