HomeMy WebLinkAbout25038RESOLUTION NO. 25038
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING THE
ENGINEER'S REPORT AND ORDERING THE
CONTINUED OPERATION AND MAINTENANCE OF
IMPROVEMENTS FOR STREET LIGHTING
MAINTENANCE DISTRICT NO. 3, AND PARKWAY
MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10
(ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE
DISTRICT NO. 12, AND ORDERING THE LEVY AND
COLLECTION OF ANNUAL ASSESSMENTS RELATED
THERETO FOR FISCAL YEAR 2022/2023
WHEREAS, the City Council of the City of Palm Springs, California, (hereinafter
the "City Council"), has by previous Resolution established Street Lighting Maintenance
District No. 3 ("Crossley Tract"), Parkway Maintenance District No. 6A ("Fairport
Development"), Parkway Maintenance District No. 6C ("Park Sonora Tract"), Parkway
Maintenance District No. 7 ("Sunrise Norte Tract"), Parkway Maintenance District No. 8
("Vintage Palms Tract"), Parkway Maintenance District No. 9 ("Flora Vista"), Parkway
Maintenance District No. 10 (Zones 1 and 2) ("Mountain Gate"), and Landscape
Maintenance District No. 12 ("Smoke Tree Commons"), (hereafter individually referred
to as the "District", or collectively referred to as the "Districts"), pursuant to the
provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the
Streets and Highways Code of the State of California, beginning with §22500 (hereafter
referred to as the "Act"), that provides for the levy and collection of assessments by the
City of Palm Springs to pay for the maintenance and services of improvements and all
appurtenant facilities and operations related thereto; and
WHEREAS, an Engineer's Report for each District, (hereafter referred to as the
"Report"), has been prepared and filed with the City Clerk of the City of Palm Springs,
(hereafter referred to as the "City Clerk"), and the Report identifies the levy of
assessments commencing July 1, 2022, and ending June 30, 2023 (hereafter referred
to as Fiscal Year 2022/2023) in accordance with the Act; and the City Council did by
previous Resolution preliminarily approve each Report; and
WHEREAS, the City Council has carefully examined and reviewed the Report as
presented, and is satisfied with each and all of the items and documents as set forth
therein, and finds that the levy has been spread in accordance with the special benefits
received from the improvements, and the operation, maintenance and services to be
performed, as set forth in the Report; and
WHEREAS, the City Council desires to levy and collect assessments against
parcels of land within the Districts for Fiscal Year 2022/2023 to pay the costs and
expenses of the operation, maintenance, repair and servicing of improvements related
thereto; and
Resolution No. 25038
Page 2
WHEREAS, the Report proposes the levy and collection of annual assessments
less than or equal to the maximum assessment amounts previously approved by
property owner petition or balloting, in accordance with the provisions of Article XIIID of
the California Constitution (Proposition 218); and
WHEREAS, the City Council has noticed and held a Public Hearing on July 14,
2022, regarding the Districts, and the proposed improvements and assessments for
Fiscal Year 2022/2023, as described in the Report in accordance with the provisions of
the Act and applicable provisions of Article XIIID of the California Constitution
(Proposition 218).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. Following notice duly given, on July 14, 2022, the City Council has
held a full and fair Public Hearing to approve or amend the Report, the levy and
collection of assessments related thereto, and has considered all oral and written
statements, protests and communications made or filed by interested persons. The City
Council has determined that the property owners have approved the assessments so
presented in the Report in accordance with the requirements of Article XIIID of the
California Constitution (Proposition 218).
SECTION 3: Based upon its review (and amendments, as applicable) of the
Report, a copy of which has been presented to the City Council and which has been
filed with the City Clerk, the City Council hereby finds and determines that:
a) The land within each District will receive special benefit by the operation,
maintenance, and servicing of certain improvements within the boundaries of such
District.
b) Each District includes all of the lands receiving such special benefit.
c) The net amount to be assessed upon the lands within each District for Fiscal Year
2022/2023, is apportioned by a formula and method which fairly distributes the net
amount among all eligible parcels in proportion to the special benefits to be received
by each parcel from the improvements and services.
d) The assessment amounts described in the Report do not exceed the maximum
assessments previously established in accordance with the provisions of Article
XIIID of the California Constitution (Proposition 218).
SECTION 4. The Report and assessments as presented to the City Council and on
file in the Office of the City Clerk are hereby confirmed as filed.
Resolution No. 25038
Page 3
SECTION 5: The City Council hereby orders the proposed improvements to be made,
which improvements are generally described as the operation, administration,
maintenance, and servicing of street lighting, or streetscape landscaping including
parkways and medians as well as public landscaped areas, including turf, ground cover,
plants, shrubs, trees, irrigation and drainage systems, landscape lighting improvements,
and appurtenant facilities and expenses associated with the Districts. The Report
describes any new improvements or substantial changes in existing improvements.
SECTION 6: The assessments as confirmed shall be submitted to the County Auditor of
the County of Riverside (the "County Auditor"), and the County Auditor shall enter on
the County Assessment Roll opposite each eligible parcel of land the amount of levy so
apportioned by the formula and method outlined in the Report, and such levies shall be
collected at the same time and in the same manner as Riverside County taxes are
collected pursuant to §22646 of the Act. After collection by Riverside County, the net
amount of the levy shall be paid to the City Treasurer.
SECTION 7: The City Treasurer shall deposit all money representing assessments
collected by Riverside County for each District, and such money shall be expended only
for the operation, maintenance and servicing of the improvements as described in
Section 5.
SECTION 8: The adoption of this Resolution constitutes the levy for Fiscal Year
2022/2023.
SECTION 9: The City Clerk is hereby authorized and directed to file the levy with the
County Auditor upon adoption of this Resolution.
ADOPTED THIS 14TH DAY OF JULY, 2022.
Justi Mcli on
City Manager
ATTEST:
MoniqLT4 Lomeli, CM
Interim City Clerk
Resolution No. 25038
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF PALM SPRINGS)
I, Monique Lomeli, Interim City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 25038 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on July 14, 2022, by the
following vote:
AYES: Councilmembers Holstege, Kors, Woods, Mayor Pro Tern Garner, and Mayor
Middleton
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this VT* day of A'Lt"5f , 2022.
( J�—O'
MONI UE LOMELI, CMC
INTERIM CITY CLERK