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HomeMy WebLinkAbout24045 RESOLUTION NO. 24045 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 2016-2017. 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 includes 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. 24045 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 2016-2017; 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 2016-17 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 2016-17 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 2016-17. Resolution No. 24045 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 2016-17. SECTION 5: The Engineer's Report for each District shall reflect provisions and related assessments in accordance with the requirements of Articles XIIIC and MID 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 2016-17 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 1ST DAY OF JUNE, 2016. David H. Ready, Cit ager ATTEST: es Thompson, City Clerk Resolution No. 24045 Page 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24045 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 the 1st day of June, 2016, by the following vote: AYES: Councilmember Foat, Councilmember Kors, Councilmember Roberts, Mayor Pro Tem Mills, and Mayor Moon. NOES: None. ABSENT: None. ABSTAIN: None. ees Thompson, City Clerk ity of Palm Springs, California�,",,.`j,,elF