HomeMy WebLinkAboutCC RES 2018-10RESOLUTION NO. 2018-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, PURSUANT TO THE PROVISIONS OF THE LANDSCAPING
AND LIGHTING ACT OF 1972, CONFIRMING THE DIAGRAM AND
ASSESSMENTS FOR FISCAL YEAR 2018/2019 FOR THE LEVY OF
PROPOSED INCREASED ASSESSMENTS FOR ZONE 8, PALM GATE,
WITHIN LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1,
OVERRULING ALL PROTESTS CONCERNING THE ASSESSMENTS, AND
LEVYING THE ASSESSMENTS CONFIRMED HEREIN
WHEREAS, Resolution 2017-81 of the City Council of the City of Palm Desert
initiated proceedings to levy proposed increased assessments for the City of Palm Desert
Landscaping and Lighting Maintenance District No. 1 (the "District") for Zone 8, Palm Gate;
and
WHEREAS, Resolution 2017-81 also ordered the preparation of an Engineer's
Report required by Streets and Highways Code Section 22622; and
WHEREAS, after fully considering the Engineer's Report, the City Council adopted
Resolution No. 2017-82 approving the Engineer's Report for the balloting of proposed
increased assessments; and
WHEREAS, by Resolution No. 2017-83, the City Council declared its intention to
ballot property owners for proposed increased assessments for Zone 8, Palm Gate, in
Landscaping and Lighting District No. 1, in accordance with Proposition 218, and provide
notice pursuant to applicable law of a Public Hearing of the City Council on the matter, and
set the Public Hearing for February 8, 2018 at 4:00 p.m. and authorized the proceedings
for a Proposition 218 ballot; and
WHEREAS, Proposition 218 ballots and Notices were mailed to the property owners
in Zone 8, Palm Gate, pursuant to the applicable laws and regulations governing majority
protest proceedings, including but not limited to Article XIIID of the California Constitution
and Government Code §§ 53750 et seq.; and
WHEREAS, the City Clerk caused Notice of the Public Hearing to be given in the
manner provided by applicable law; and
WHEREAS, on February 8, 2018, the City Council held a duly noticed Public
Hearing not less than 45 days after the mailing of the Proposition 218 ballots and notices to
consider all oral statements and all written protests, objections, and communication made
or filed by any interested person, and receipt of Proposition 218 protest ballots; and
WHEREAS, the City Council considered all public testimony presented at the Public
Hearing, received and considered all written protests and evidence presented or filed at
said Hearing, and at the conclusion of the Public Hearing the City Clerk or designee
tabulated the valid protest ballots returned regarding the proposed increased assessments;
and
RESOLUTION NO. 2018-10
WHEREAS, the returned ballots for Zone 8, Palm Gate, were opened and tabulated
and majority protest, as outlined in Article XIIID of the California Constitution, existed (or
did not exist) as shown herein:
Total Ballot Amount Submitted in Favor $ 2,400
Total Ballot Amount Submitted in Protest $ 600
No Majority Protest
(Levy at Increased
Assessment)
X
; and
Majority Protest
(Levy at Current
Approved Assessment)
ri
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert as follows:
SECTION 1. The foregoing recitals are incorporated herein by this reference.
SECTION 2. Proposition 218 ballots for Zone 8, Palm Gate, were tabulated and a
Majority Protest existed (or did not exist) as checked above. The City Council hereby
overrules all protests presented concerning the annual assessments for Zone 8, Palm
Gate, in Landscaping and Lighting District No. 1 for Fiscal Year 2018-2019.
SECTION 3. Pursuant to Streets and Highways Code Section 22631, the City
Council hereby confirms the diagram and assessments for Zone 8, Palm Gate, as checked
above that are within the Palm Desert Landscaping and Lighting Maintenance District No. 1
for Fiscal Year 2018-2019 as outlined in the Engineer's Report previously approved by
Council.
SECTION 4. Passage of this Resolution shall constitute the establishment of the
current or increased assessments for Fiscal Year 2018-2019 for the Zone 8, Palm Gate, as
checked above. A copy of the assessments which specifies the amounts levied is on file in
the Office of the City Clerk, and is incorporated herein and made a part hereof as though
fully set forth.
SECTION 5. The City Council finds that the assessment for Zone 8, Palm Gate,
checked above is in compliance with the provision of the Landscaping and Lighting Act of
1972 and Article XIIID of the California Constitution, and that the City Council has complied
with all laws pertaining to the levy of an increased annual assessment.
SECTION 6. If majority protest does not exist, the City Council orders the
landscaping and lighting services be prepared for Zone 8, Palm Gate, of the District in
accordance with said Engineer's Report and these proceedings.
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RESOLUTION NO. 2018-10
SECTION 7. The City Engineer is hereby authorized to update the Annual
Engineer's Report and assessments for the Palm Desert Landscaping and Lighting
Maintenance District No. 1 to reflect the improvements and assessments approved herein
for the balloted Zone 8, Palm Gate, as checked above.
SECTION 8. Pursuant to applicable law, the City Clerk is hereby authorized and
directed to file a certified copy of this Resolution, and the diagram and assessments
confirmed by this Resolution as may be required with the County Auditor/Controller and/or
County Assessor of the County of Riverside if such documents are required in addition to
those submitted for the annual levy of assessments for Zone 8, Palm Gate, of the Palm
Desert Landscaping and Lighting Maintenance District No. 1 for Fiscal Year 2018-2019.
PASSED, APPROVED, AND ADOPTED by the Palm Desert City Council this 8th
day of February 2018, by the following vote, to wit:
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss.
CITY OF PALM DESERT)
SABBY J'O'N\\ATHAN, 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. 2018-10 was regularly
adopted by the City Council of said City of Palm Desert at a regular meeting of said Council
held on the 8th day of February, 2018, by the following vote:
AYES: HARNIK, KELLY, NESTANDE, and JONATHAN
NOES: NONE
ABSENT: WEBER
ABSTAIN: NONE
ATTEST:
RAGHELLE D. KLASSEN -OITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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