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HomeMy WebLinkAboutCC RES 2017-83RESOLUTION NO. 2017-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972 AND THE CALIFORNIA CONSTITUTION ARTICLE XIIID, DECLARING ITS INTENTION TO BALLOT PROPERTY OWNERS FOR PROPOSED NEW OR INCREASED ASSESSMENTS WITHIN THE PALM DESERT LANDSCAPING AND LIGHTING DISTRICT NO. 1, LOCAL LANDSCAPING ZONE 8, PALM GATE, FOR FISCAL YEAR 2018/2019, SETTING A TIME AND PLACE FOR A PUBLIC HEARING, AND AUTHORIZING STAFF TO PROCEED WITH THE BALLOTING PROCEDURES WHEREAS, there currently exists in the City of Palm Desert the Palm Desert Landscaping and Lighting District No. 1, Local Landscaping Zone 8, Palm Gate ("Palm Gate"); and WHEREAS, the City Council of the City of Palm Desert initiated proceedings to levy and collect proposed new or increased assessments in Palm Gate and ordered the Assessment Engineer ("Willdan") to prepare the report required by California Streets and Highways Code, pursuant to the provisions of the Landscaping and Lighting Act of 1972 (hereafter the "Act," starting at Streets and Highways Code Section 22500); and WHEREAS, the Engineer's Report for the proposed new or increased assessments for Palm Gate has been presented to and approved by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert as follows: Section 1. Pursuant to the Act (specifically, Streets and Highways Code Section 22624), the City Council hereby finds and declares that the public interest and necessity require the maintenance and servicing of landscaping and public lighting facilities in the City, and contingent upon compliance with, as applicable, the requirements of the Act, Article XIIID of the California Constitution (commonly known as "Proposition 218") and the Proposition 218 Omnibus Implementation Act (set forth at Government Code Sections 53750-53758), the City Council hereby declares its intention to levy and collect proposed new or increased assessments within the Palm Gate for Fiscal Year 2018/2019. Under the Act, before levying and collecting the proposed new or increased assessments in the assessment district, the City Council is required to adopt a resolution declaring its intention to do so. Section 2. The existing and proposed improvements in Palm Gate are generally described as the construction, installation, operation, servicing, and maintenance of streetlights, landscaping, trees and related facilities within public rights -of -way and/or City Resolution No. 2017- 83 easements. The location and boundary of the above -listed Zone are shown on the map in the Engineer's Report referenced in Section 3 (below) and the third recital (above). In addition, a list of the parcel numbers for each of the properties in Palm Gate is on file with the City Clerk. Section 3. Reference is hereby made to the Engineer's Report on file with the City Clerk regarding the proposed new or increased assessments for Palm Gate for Fiscal Year 2018/2019 (the "Engineer's Report"), which contains a full description of the improvements, the boundaries of the Zones/Sub-Zones within the District, and the proposed new or increased assessments upon assessable lots and parcels of land within the above -listed Zones/Sub-Zones within the District. Section 4. Contingent on compliance with the Act's, Proposition 218's and the Proposition 218 Omnibus Implementation Act's balloting procedure(s), the City Council proposes to levy and collect new or increased assessments upon all real property in Palm Gate for Fiscal Year 2018/2019, as described in the Engineer's Report. The existing assessment in Palm Gate is proposed to increase from the previous year. Section 5. Notice is hereby given that on Thursday, February 8, 2018, in the City Council Chambers at 73-510 Fred Waring Drive, Palm Desert, California, at a Regular Meeting of the City Council, the City Council will hold a Public Hearing to tabulate Proposition 218 ballots, consider all oral statements, and communication made or filed by any interested person concerning the proposed new or increased assessments for Palm Gate for Fiscal Year 2018/2019. Section 6. Pursuant to the Act, the California Constitution, and the Proposition 218 Omnibus Implementation Act, an assessment ballot proceeding is hereby called on the matter of confirming the proposed new or increased assessments for Palm Gate as outlined in the Engineer's Report. Under the supervision of the City Clerk's Office, City staff is authorized and directed to proceed with the balloting procedure for all property in Palm Gate. The ballots and notices for the Public Hearing shall be distributed to the property owner(s) of record as of the last County equalized roll. Property owner or owners of each affected parcel may return the ballot by mail or in person to the City Clerk not later than the conclusion of the Public Hearing noted above. Section 7. The City Clerk or their designee is hereby authorized and directed to give Notice of the Public Hearing referred to in Section 5 of this Resolution and distribute property owner protest ballots referred to in Section 6 of this Resolution in accordance with applicable law. The Notice and ballots shall be distributed by first class mail to the property owner(s) of records for each parcel within Palm Gate not less than 45 days before the date of the Public Hearing pursuant to the California Constitution. Section 8. The property owner protest ballot proceeding conducted for Palm Gate shall be tabulated separately and constitute the property owners' approval of rejection of the proposed new or increased assessments and assessment range formula described in the Engineer's Report. Resolution No. 2017- 83 Section 9. In accordance with Streets and Highways Code Section 22660(a), the City Council has determined that the estimated cost of certain proposed improvements, described in Section 22525, subdivisions (a) through (d), are greater than can conveniently be raised from a single assessment and, as a result, shall be collected in installments and held in a reserve account, as noted in the Engineer's Report. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council held on this 14th day of December 2017, by the following vote, to wit: AYES: HARNIK, KELLY, NESTANDE, WEBER, and JONATBAN NOES: NONE ABSENT: NONE ABSTAIN: NONE SABBY ATTEST: aw ,D GRAeE L. ROACHA, ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA