HomeMy WebLinkAbout24232 RESOLUTION NO. 24232
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
2017-18.
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
Resolution No. 24232
Page 2
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;
and
WHEREAS, there has now been presented to the City Council the Report for
each of the Districts for Fiscal Year 2017/2018; 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 Fiscal Year 2017/2018 in accordance with
§22566 and §22622 of the Act. The Engineer's Report for each District shall be filed
with 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
Fiscal Year 2017/2018 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 Fiscal Year 2017/2018.
Resolution No. 24232
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 Fiscal Year 2017/2018.
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 Fiscal Year 2017/2018 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 7T" DAY OF JUNE, 2017.
David H. Ready, Esq., . .
City Manager
ATTEST:
164� � - � -n
Kathleen D. Hart, MMC �—
Interim City Clerk
Resolution No. 24232
Page 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS.
CITY OF PALM SPRINGS )
I, Kathleen D. Hart, Interim City Clerk of the City of Palm Springs, hereby certify
that Resolution No. 24232 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 7, 2017, by the
following vote:
AYES: Councilmembers Kors, Roberts, Mayor Pro Tern Foat, and Mayor Moon
NOES: None
ABSENT: Councilmember Mills
ABSTAIN: None
RECUSED: None tY(
Kathleen D. Hart, MMC,
Interim City Clerk