HomeMy WebLinkAbout25220' RESOLUTION NO. 25220
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ORDERING THE
PREPARATION OF AND GIVING PRELIMINARY APPROVAL
OF THE ENGINEER'S REPORT REGARDING 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, TO ESTABLISH ANNUAL ASSESSMENTS
AND THE LEVY AND COLLECTION RELATED THERETO
FOR FISCAL YEAR 2024/2025 (JULY 1, 2024 TO JUNE 30,
2025)
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, §22566 and §22622 of the Act requires the preparation of an
Engineer's Report to determine and adjust the annual assessment rates for the Districts;
and
WHEREAS, the Districts include existing street lighting improvements, or existing
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 improvements within
non-contiguous, separately established District areas within the incorporated boundaries
of the City of Palm Springs; and
WHEREAS, the Act provides for the levy and collection of assessments by the
County of Riverside for the City of Palm Springs to pay costs for the maintenance and
services of all improvements and facilities related thereto; and
' WHEREAS, the City Engineer, or designee, has prepared an Engineer's Report
(hereafter referred to as the "Report") in accordance with the Act, and in accordance with
Resolution No. 25220
Page 2
the requirements of Articles XIIIC and XIIID of the California Constitution as enacted by I
the passage of Proposition 218, also referred to as "The Right to Vote on Taxes Act," as
approved by the voters of the State of California on November 5, 1996; and
WHEREAS, there has now been presented to the City Council the Report for each
of the Districts for the Subject Fiscal Year; and
WHEREAS, the City Council has carefully examined and reviewed the Report for
each of the Districts as presented and is preliminarily satisfied with each and all of the
budget items and documents as set forth therein, and is preliminarily satisfied that the
proposed annual assessments have been spread in accordance with the special benefits
properties within the Districts will receive from the improvements, operation, maintenance
and services to be performed as part of the Districts, as set forth in said Report.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1: The preceding recitals are all true and correct.
Section 2: The City Engineer, or designee,; is hereby ordered to prepare and
appropriately file an Engineer's Report for the Districts required to determine and adjust
the assessments therein each District for the Subject Fiscal Year in accordance with
§22566 and §22622 of the Act. The Engineer's Report for each District shall be filed with I
the City Clerk for submission to the City Council.
Section 3: The improvements to be operated and maintained by the Districts generally
include 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 that will be maintained by the City of Palm Springs through annual
assessments.
Section 4: The improvements to be maintained by the City of Palm Springs for the
Subject Fiscal Year are substantially the same as the improvements provided and
maintained in the previous Fiscal Year and the Engineer's Report for each District
prepared in connection therewith shall describe the improvements as required by the Act,
and as presented, consists of the following:
1) A description of the District and its improvements.
2) A Method of Apportionment that outlines the special benefit conferred on properties
within the District from the improvements; and the calculations used to establish each
parcel's proportional special benefit assessment for the Subject Fiscal Year. ,
Resolution No. 25220
Page 3
3) An annual budget that outlines the costs and expenses to service, and maintain the
improvements, including incidental expenses, as authorized by the Act.
4) An Assessment Diagram that identifies the lots, parcels and properties included within
the boundaries of the District.
5) An Assessment Roll containing each of the Assessor Parcel Numbers that comprise
the District, and the proportional maximum assessment for the Subject Fiscal Year.
Section 5: The Engineer's Report for each District shall reflect provisions and related
assessments in accordance with the requirements of Articles XIIIC and XIIID of the
California Constitution as enacted by the passage of Proposition 218, also referred to as
"The Right to Vote on Taxes Act," as approved by the voters of the State of California on
November 5, 1996.
Section 6: The Engineer's Report for each District is hereby approved on a preliminary
basis (as submitted or amended), and ordered to be filed in the Office of the City Clerk
as a permanent record and to remain open to public inspection.
Section 7: The proposed assessments for the Subject Fiscal Year are less than or
equal to the maximum assessment amounts previously approved by property owner
petition or balloting, in accordance with the provisions of the California Constitution Article
' XIIID (Proposition 218).
Section 8: The City Clerk shall certify to the passage and adoption of this Resolution,
and the minutes of this meeting shall so reflect the presentation of the Engineer's Report
for each District.
ADOPTED THIS 27TH DAY OF JUNE 2024
/�
Sc tt C. Stiles, City Manager
ATTEST:
renda Pree, City Clerk
Resolution No. 25220
Page 4
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF PALM SPRINGS)
CERTIFICATION
ss.
I, Brenda Pree, City Clerk of the City of Palm Springs, hereby certify that Resolution
No. 25220 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 June 27, 2024, by the following vote:
AYES: Councilmember Garner, Mayor Pro Tern deHarte, and Mayor Bernstein
NOES:
None
ABSENT:
Councilmembers Middleton and Holstege
ABSTAIN:
None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this I S day of 00
u tt 2024.
D
rends r e, MMC, CERA, City Clerk
City of Palm Springs, California