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HomeMy WebLinkAbout25138RESOLUTION NO. 25138 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 2023/2024 , . ' 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, 2023, and ending June 30, 2024 (hereafter referred to as the "Subject Fiscal Year") 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 the Subject Fiscal Year to pay the costs and expenses of the operation, maintenance, repair and servicing of improvements related thereto; and Resolution No. 25138 Page 2 r 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 24, 2023, regarding the Districts, and the proposed improvements and assessments for the Subject Fiscal Year, 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 24, 2023, 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 the Subject Fiscal Year, 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. 25138 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 the Subject Fiscal Year. 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 24TH DAY OF JULY 2023. S ott C. Stiles, City Manager ATTEST: Brenda ree, City Clerk Resolution No. 25138 Page 4 CERTIFICATION I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 25138 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 24, 2023, by the following vote: AYES: Councilmembers deHarte, Holstege, Middleton, Mayor Pro Tem Bernstein; and Mayor Garner NOES: None ABSENT: None RECUSED: None IN WITNESS WHEREOF, I have hereunto set my ha d and affixed the official seal of the City of Palm Springs, California, this_ day of 2023. ""u'4" Brenda Pree, MMC, CERA, City Clerk , City of Palm Springs, California 11