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Cq�lFOFLO CITY COUNCIL STAFF REPORT
Date: July 6, 2016 PUBLIC HEARING
Subject: ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS CITYWIDE STREET
LIGHTING AND PARKWAY MAINTENANCE DISTRICTS, FISCAL YEAR
2016/2017
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
This annual item will complete proceedings required by law to continue the levy of
existing annual special assessments in the City's various Street Lighting and Parkway
Maintenance Districts. A Public Hearing is required to solicit public comments on the
City's consideration to levy and collect special assessments for the 2016/2017 fiscal
year.
RECOMMENDATION:
1) Open the Public Hearing and take public testimony; and
2) Adopt Resolution No. "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 2016/2017."
STAFF ANALYSIS:
In accordance with the Streets and Highways Code of the State of California, the City is
required to prepare Engineer's Reports on the annual costs to operate and maintain
improvements within the City's various Street Lighting or Parkway Maintenance
Districts, which include:
ITEM NO.
City Council Staff Report
July 6, 2016-Page 2
2016/2017 Citywide Assessment Districts
1. Street Lighting Maintenance District No. 3 consists of 75 residential parcels located
in the "Crossley Tract," south of 34th Avenue along Lawrence Street and Marguerite
Street. District No. 3 was established in 1983 to provide funding for the installation,
operation and maintenance of street lighting along Lawrence Street and Marguerite
Street, shown in Figure 1 and the following vicinity map:
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City Council Staff Report
July 6, 2016 - Page 3
2016/2017 Citywide Assessment Districts
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City Council Staff Report
July 6, 2016 - Page 4
2016/2017 Citywide Assessment Districts
2. Parkway Maintenance District No. 6A consists of 25 commercial and industrial
properties located in the "Fairport Development," between Chia Road and Tachevah
Drive, west of Gene Autry Trail. District No. 6A was established in 1980 to provide
funding for the maintenance of parkway landscaping along the south side of Chia
Road as generally shown in Figure 2 and the following vicinity map:
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City Council Staff Report
July 6, 2016- Page 5
2016/2017 Citywide Assessment Districts
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City Council Staff Report
July 6, 2016-Page 6
2016/2017 Citywide Assessment Districts
3. Parkway Maintenance District No. 6C consists of 30 residential parcels located in
the "Park Sonora Tract," on the east side of El Cielo Road along Sonora Road, Loma
Vista Circle and San Marin Circle. District No. 6C was established in 1980 to provide
funding for the maintenance of parkway landscaping along the east side of El Cielo
Road along the frontage of the Park Sonora Tract, shown in Figure 3 and the following
vicinity map:
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City Council Staff Report
July 6, 2016 - Page 7
2016/2017 Citywide Assessment Districts
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City Council Staff Report
July 6, 2016-Page 8
2016/2017 Citywide Assessment Districts
4. Parkway Maintenance District No. 7 consists of 53 residential parcels located in the
"Sunrise Norte Tract," on the north side of San Rafael Drive west of Sunrise Way,
located along Mountain Shadow Drive, Sand Spring Drive, Mica Drive, Garnet Road,
and Twin Star Road. District No. 7 was established in 1990 to provide funding for the
maintenance of parkway landscaping along the north side of San Rafael Drive along the
frontage of the Sunrise Norte Tract, shown in Figure 4 and the following vicinity map:
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City Council Staff Report
July 6, 2016 - Page 9
2016/2017 Citywide Assessment Districts
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City Council Staff Report
July 6, 2016-Page 10
2016/2017 Citywide Assessment Districts
5. Parkway Maintenance District No. 8 consists of 62 residential parcels located in the
"Vintage Palms Tract," on the north side of San Rafael Drive and the east side of
Avenida Caballeros. District No. 8 was established in 1990 to provide funding for the
maintenance of parkway landscaping along the north side of San Rafael Drive and the
east side of Avenida Caballeros along the frontages of the Vintage Palms Tract, shown
in Figure 5 and the following vicinity map:
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City Council Staff Report
July 6, 2016 - Page 11
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City Council Staff Report
July 6, 2016- Page 12
201612017 Citywide Assessment Districts
6. Parkway Maintenance District No. 9 consists of 77 residential parcels located in the
"Flora Vista Tract," on the south side of Racquet Club Road, the west side of Sunrise
Way, and the north side of Via Escuela. District No. 9 was established in 1997 to
provide funding for the maintenance of parkway landscaping along the west side of
Sunrise Way along the frontage of the Flora Vista Tract, shown in Figure 6 and the
following vicinity map:
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City Council Staff Report
July 6, 2016 - Page 13
2016/2017 Citywide Assessment Districts
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July 6, 2016 - Page 15
2016/2017 Citywide Assessment Districts
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City Council Staff Report
July 6, 2016 - Page 16
2016/2017 Citywide Assessment Districts
8. Parkway Maintenance District No. 10, Zone 2, consists of 196 residential parcels
located in the "Mountain Gate (Phase 2)," development on the east side of N. Palm
Canyon Drive. District No. 10, Zone 2, was established in 2005 to provide funding for
the maintenance of parkway landscaping along the east side of N. Palm Canyon Drive,
shown in Figure 8 and the following vicinity map:
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City Council Staff Report
July 6, 2016-Page 17
2016/2017 Citywide Assessment Districts
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City Council Staff Report
July 6, 2016 - Page 18
2016/2017 Citywide Assessment Districts
9. Landscape Maintenance District No. 12 consists of 6 commercial parcels located in
the "Smoke Tree Commons" shopping center on the south side of E. Palm Canyon
Drive and west side of Barona Road. District No. 12 was established in 2008 to provide
funding for the maintenance of median landscaping within E. Palm Canyon Drive
between Cerritos Drive and Farrell Drive, shown in Figure 9 and the following vicinity
map:
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City Council Staff Report
July 6, 2016-Page 19
2016/2017 Citywide Assessment Districts
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City Council Staff Report
July 6, 2016- Page 20
2016/2017 Citywide Assessment Districts
On June 1, 2016, the City Council adopted Resolutions ordering the preparation of and
giving preliminary approval of the Engineer's Reports for the Districts, and declaring its
intention to conduct a public hearing on July 6, 2016, regarding the Districts and the
levy and collection of special assessments related thereto. The final Engineer's Reports
are on file with the City Clerk and are available for public inspection for the assessment
districts below:
1. Street Lighting Maintenance District No. 3 (Crossley Tract— 75 Properties)
2. Parkway Maintenance District No. 6A (Fairport Development — 25 Properties)
3. Parkway Maintenance District No. 6C (Park Sonora Tract — 30 Properties)
4. Parkway Maintenance District No. 7 (Sunrise Norte Tract — 53 Properties)
5. Parkway Maintenance District No. 8 (Vintage Palms Tract— 62 Properties)
6. Parkway Maintenance District No. 9 (Flora Vista Tract— 77 Properties)
7. Parkway Maintenance District No. 10, Zone 1, (Mountain Gate — 308 Properties)
8. Parkway Maintenance District No. 10, Zone 2 (Mountain Gate 2 — 196 Properties)
9. Landscape Maintenance District No. 12 (Smoke Tree Commons —6 Parcels)
In accordance with the Streets and Highways Code of the state of California, it is
necessary for the City Council to conduct a Public Hearing, take public testimony, and in
the absence of a majority protest to the special assessments, the City Council can
approve the levy and collection of special assessments for the various Special Districts
for the 2016/2017 fiscal year.
ENVIRONMENTAL IMPACT:
Section 15061 (b)(3) of the California Environmental Quality Act ("CEQA") Guidelines
exempts activities that are covered under the general rule that CEQA applies only to
projects that have the potential to cause significant effects on the environment. Where
it can be seen with certainty that there is no possibility the activity in question may have
a significant effect upon the environment, the activity is not subject to CEQA. The
requested action requests the City Council to consider ordering the levy and collection
of assessments associated with various Special Districts, which itself will not result in
any new direct physical impacts to the environment. Therefore, the requested action is
considered exempt from CEQA.
FISCAL IMPACT:
On November 5, 1996, the voters of California approved Proposition 218, the 'Right to
Vote on Taxes Act," (or "Prop 218"). Prop 218 revised the manner in which local
agencies could increase special assessments or levy new taxes, by adding Articles
XIIIC and XIIID to the California Constitution and imposing new regulations requiring
local agencies to call for elections for a vote of affected property owners for any
proposed new or increased special assessment. Prior to Prop 218, local agencies had
the legal ability to propose new or increased special assessments, and such
20
City Council Staff Report
July 6, 2016 - Page 21
2016/2017 Citywide Assessment Districts
assessments could be implemented insofar as a majority protests was not presented by
the affected property owners.
Prop 218 has imposed a challenge on local agencies administering Special Districts that
generate revenue for maintaining public improvements that benefit private properties.
Those Special Districts that were established prior to Prop 218 did not have a formula
for adjustment of special assessments to account for inflation, therefore, after Prop 218
any increase in special assessments requires a local agency to call for a special
election and for a majority vote to support such increased assessment.
Specifically for Palm Springs, four of its remaining Special Districts (District No. 3, 6A,
6C, and 7) were established prior to Prop 218, and District No. 7 was established
immediately after Prop 218 in 1997. However, Districts No. 10 and 12 were originally
established with a formula allowing for annual increases to the special assessment
subject to the Consumer Price Index ("CPI").
As costs have increased associated with street lighting or landscape maintenance,
namely with utility costs, the total costs incurred by the City for maintenance of public
improvements in these Special Districts has, at times, exceeded the revenue generated
by the special assessments in each District, causing a deficit. In those cases, the City's
General Fund has subsidized these Districts to accommodate the deficit. This fact has
been presented to the City Council at different times over the years, resulting in the City
Council calling for special elections to facilitate increased assessments in its various
Special Districts.
On July 21, 2004, the City Council completed a special election for increasing special
assessments in the following Special Districts:
• Street Lighting Maintenance District No. 1 ("Belardo Road [Tennis Club
Neighborhood] Area')
• Street Lighting Maintenance District No. 2 ("McManus Drive Area")
• Street Lighting Maintenance District No. 4 ("Eagle Way Area")
• Parkway Maintenance District No. 6A ("Fairport Development")
• Parkway Maintenance District No. 6C ("Park Sonora Tract")
• Parkway Maintenance District No. 8 ("Vintage Palms Tract")
At that time, none of the special elections in those Districts were successful, and upon
the City Council's adoption of the Engineer's Reports and confirmation of the ballot
proceedings, it was determined that the City would continue to subsidize these Districts
with General Fund revenue, but to continue a reduced standard of operation and
maintenance of improvements within those Districts.
21
City Council Staff Report
July 6, 2016- Page 22
2016/2017 Citywide Assessment Districts
On July 19, 2006, the City Council completed a second special election for increasing
special assessments in the following Special Districts:
• Street Lighting Maintenance District No. 1 ("Belardo Road [Tennis Club
Neighborhood] Area")
• Street Lighting Maintenance District No. 2 ("McManus Drive Area")
• Street Lighting Maintenance District No. 4 ("Eagle Way Area")
• Parkway Maintenance District No. 6A ("Fairport Development")
• Parkway Maintenance District No. 6C ("Park Sonora Tract")
• Parkway Maintenance District No. 8 ("Vintage Palms Tract")
• Parkway Maintenance District No. 9 ("Flora Vista Tract")
At that time, all of the special elections in those Districts failed with the exception of
District No. 6C where a new fixed special assessment of $412.27 was approved, and
upon the City Council's adoption of the Engineer's Reports and confirmation of the
ballot proceedings, it was determined that the City would continue to subsidize these
Districts with General Fund revenue, but to continue a reduced standard of operation
and maintenance of improvements within those Districts.
On January 16, 2008, the City Council completed a third special election for increasing
special assessments in the following Special Districts:
• Street Lighting Maintenance District No. 1 ("Belardo Road [Tennis Club
Neighborhood] Area")
• Street Lighting Maintenance District No. 2 ("McManus Drive Area")
• Street Lighting Maintenance District No. 4 ("Eagle Way Area")
• Parkway Maintenance District No. 6B ("Parkside Estates')
• Parkway Maintenance District No. 8 ("Vintage Palms Tract")
At that time, all of the special elections in those Districts failed with the exception of
District No. 8 where an increased special assessment with CPI adjustment was
approved. At that time, the City Council also determined that elimination of services
and abandonment (dissolution) of the following Special District was necessary given the
repeated failure of special elections to support increased assessments:
• Street Lighting Maintenance District No. 1 ("Belardo Road [Tennis Club
Neighborhood] Area")
• Street Lighting Maintenance District No. 2 ("McManus Drive Area")
• Street Lighting Maintenance District No. 4 ("Eagle Way Area")
• Parkway Maintenance District No. 6B ("Parkside Estates")
On March 5, 2008, the City Council took action and official dissolved those Special
Districts, and maintaining the other Special Districts on the condition that a reduced
level of service is provided to minimize any General Fund subsidy to pay for costs in
those Special Districts. However, over time, increasing utility costs (namely water
service) have increased to the extent that any further reduction of service is not
22
City Council Staff Report
July 6, 2016 - Page 23
2016/2017 Citywide Assessment Districts
possible. The following analysis identifies the current financial status of each remaining
Special District.
Street Lighting Maintenance District No. 3 ("Crossley Tract')
Maximum FY 16/17 assessment: $4,283 (spread over 75 parcels)
FY 16/17 estimated costs: $4,283
Status: Acceptable Costs for street lighting are currently recovered through the
special assessments.
Parkway Maintenance District No. 6A ("Fairport Development')
Maximum FY 16/17 assessment: $5,154 (spread over 25 parcels)
FY 16/17 estimated costs: $5,154**
**Costs have been reduced reflecting a significant reduction of landscape maintenance
and administration services to ensure total costs do not exceed the maximum
assessment that can be levied. Maintenance levels will be diminished, and plant
material will not be replaced.
Parkway Maintenance District No. 6C ("Park Sonora Tract")
Maximum FY 16/17 assessment: $12,368 (spread over 30 parcels)
FY 16/17 estimated costs: $12,368**
**Costs have been reduced reflecting a significant reduction of landscape maintenance
and administration services to ensure total costs do not exceed the maximum
assessment that can be levied. Maintenance levels will be diminished, and plant
material will not be replaced.
Parkway Maintenance District No. 7 ("Sunrise Norte")
Maximum FY 16/17 assessment: . $23,747 (spread over 53 parcels)
FY 16/17 estimated costs: $23,747**
**Costs have been reduced reflecting a significant reduction of landscape maintenance
and administration services to ensure total costs do not exceed the maximum
assessment that can be levied. Maintenance levels will be diminished, and plant
material will not be replaced. Moreover, considering the parkway landscaping consists
entirely of turf with the current irrigation restrictions it will be necessary to consider an
alternative landscape plan in the future, requiring Proposition 218 balloting in the future
to increase assessments to provide a source of funding for turf conversion.
23
City Council Staff Report
July 6, 2016 - Page 24
2016/2017 Citywide Assessment Districts
Parkway Maintenance District No. 8 ("Vintage Palms")
Maximum FY 16/17 assessment: $19,591 (spread over 62 parcels)
FY 16117 estimated costs: $19,591**
**Costs have been reduced reflecting a significant reduction of landscape maintenance
and administration services to ensure total costs do not exceed the maximum
assessment that can be levied. Maintenance levels will be diminished, and plant
material will not be replaced.
Parkway Maintenance District No. 9 ("Flora Vista")
Maximum FY 16/17 assessment: $17,409 (spread over 77 parcels)
FY 16/17 estimated costs: $17,409**
**Costs have been reduced reflecting a significant reduction of landscape maintenance
and administration services to ensure total costs do not exceed the maximum
assessment that can be levied. Maintenance levels will be diminished, and plant
material will not be replaced.
Unless and until a new Proposition 218 balloting process is conducted within these
Special Districts, and a majority support increased assessments in those Districts,
landscape maintenance will remain reduced to levels that can be supported by the
revenues generated by the existing maximum assessments. Alternatively, the City
Council can subsidize these Districts with General Fund revenue to allow for increased
landscape maintenance services and plant material replacement.
Approval of this action is the first step to formally levying special assessments in the
City's Street Lighting and Parkway Maintenance Districts. In accordance with the
Engineer's Reports prepared for each Maintenance District, at the public hearing to be
held on July 6, 2016, the City Council will consider levying special assessments to
collect revenue to pay for expenditures incurred within each District, as identified in the
following Table:
Special District FY 16/17 Levy Amount #of Parcels Special Assessment
#3 Crossley Tract $4,283.25 75 $57.11
#6A Fairport Development $5,154.06 25 19 $166.26; 6 332.52
#6C Park Sonora Tract $12,367.80 30 $412.26
#7 Sunrise Norte $23,747.18 53 $448.06
#8 Vintage Palms $19,541.16 62 $315.18
#9 Flora Vista $17,409.70 77 $226.10
#10 Mountain Gate Zone 1 $129,660.48 308 292 $418.80; 16 $460.68
#10 Mountain Gate Zone 2 $129,802.96 196 175 $655.24; 21 $720.76
# 12 Smoke Tree Commons $14,926.00 6 Varies $428.80-$10,184.32
Total FY 2016/17 Levy $356,892.59
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City Council Staff Report
July 6, 2016- Page 25
2016/2017 Citywide Assessment Districts
The proposed assessments for Fiscal Year 2016/2017 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).
SUBMITTED:
Recommended by: Approved by:
Savat Khamphou, .E. David H. Ready, Es ,
Senior Civil Engineer City Manager
ATTACHMENT:
1. Resolution
25
ATTACHMENT
26
RESOLUTION NO.
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 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, 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 for Fiscal Year 2016/2017 (July 1, 2016, and ending June 30, 2017) 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 2016/2017 (commencing July 1, 2016, and
ending June 30, 2017) to pay the costs and expenses of the operation, maintenance,
repair and servicing of improvements related thereto; and
27
Resolution No.
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 6, 2016,
regarding the Districts, and the proposed improvements and assessments for Fiscal
Year 2016/2017 (commencing July 1, 2016, and ending June 30, 2017), 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 6, 2016, 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
2016/2017 (commencing July 1, 2016, and ending June 30, 2017), 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).
28
Resolution No.
Page 3
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.
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
2016/2017 (commencing July 1, 2016, and ending June 30, 2017) for each District.
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 6th day of July, 2016.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
29
Resolution No.
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. 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 6, 2016, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
30
CITY OF PALM SPRINGS
PUBLIC NOTIFICATION
Date: July 6, 2016
Subject: Assessment Districts
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, MMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Notice of Public Hearing was published in the
Desert Sun on June 11, 2016, and May 27, 2016.
1 declare under penalty of perjury that the foregoing is true and correct.
1L
Kathie Hart, MMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Kathie Hart, MMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Notice of Public Hearing was posted at City Hall,
3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board, and in the Office
of the City Clerk on June 9, 2016.
1 declare under penalty of perjury that the foregoing is true and correct.
\� r `m
Kathie Hart, MMC
Chief Deputy City Clerk
31
RESOLUTION NO. 24046
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DECLARING ITS
INTENTION TO CONDUCT A PUBLIC HEARING ON
JULY 6, 2016, 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, AND TO LEVY AND COLLECT ANNUAL
ASSESSMENTS RELATED THERETO FOR FISCAL YEAR
2016-17.
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 for Fiscal Year 2016-2017 (July 1 , 2016, and ending June 30, 2017) in
accordance with the Act; and the City Council did by previous Resolution preliminarily
approve each Report.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1: The City Council hereby declares its intention to levy and collect
annual assessments against parcels of land within each District for Fiscal Year 2016-
2017 in accordance with §22624 of the Act.
SECTION 2: The territory of land within each District consists of non-contiguous,
separately established District areas within the incorporated boundaries of the City of
Palm Springs, and a full and complete listing of parcels within each District is included in
the Report on file with the City Clerk.
32
Resolution No. 24046
Page 2
SECTION 3: The improvements include the operation, maintenance and
servicing of existing 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 improvements to be provided by the City of Palm Springs in
connection with the improvements installed within each District. Detailed maps and
descriptions of the location and extent of the improvements to be maintained are
included as part of the Report for each District, and by reference is made part of this
Resolution.
SECTION 4: The proposed assessments for each District are outlined in the
Report. The Report details the assessments necessary to provide for the annual
operation, administration, services and maintenance of the improvements described in
Section 3 of this Resolution. These assessments are less than or equal to the
maximum assessment amounts previously approved by property owner petition or
balloting within each District, in accordance with the provisions of the California
Constitution Article XIIID (Proposition 218).
SECTION 5: The City Council hereby declares its intention to conduct a Public
Hearing concerning the levy of assessments for the improvements in accordance with
§22625 of the Act. Any interested person may file a written protest with the City Clerk
prior to the conclusion of the hearing, or having previously filed protest, may file a
written withdrawal of that protest. A written protest shall state all grounds of objection
and protest by a property owner shall contain a description sufficient to identify the
property owned by such property owner. At the Public Hearing, all interested persons
shall be afforded the opportunity to hear and be heard.
SECTION 6: Notice is hereby given that a Public Hearing on these matters will
be held by the City Council on Wednesday, July 6, 2016, at 6:00 P.M., or as soon
thereafter as feasible in the City Council Chambers at City Hall, located at 3200 E.
Tahquitz Canyon Way, Palm Springs, California.
SECTION 7: In accordance with §22552 and §22553 of the Act, the City Clerk
shall cause notice to be given of the time and place of the Public Hearing by causing the
publishing of this Resolution once in the local paper not less than ten (10) days before
the date of the Public Hearing, and by posting a copy of this Resolution on the official
bulletin board customarily used by the City Council for the posting of such notices,
pursuant to the Act.
I
I
33
Resolution No. 24046
Page 3
ADOPTED THIS 1ST DAY OF JUNE, 2016.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
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. 24046 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 15t day of June, 2016, by
the following vote:
AYES: Councilmember Foat, Councilmember Kors, Councilmember Roberts,
Mayor Pro Tern Mills, and Mayor Moon.
NOES: None.
ABSENT: None.
ABSTAIN: None.
James Thompson, City Clerk
City of Palm Springs, California
34
The Desert Sun
750 N Gene Autry Trail Certificate of Publication
Palm Springs, CA 92262
760-778-4578/Fax 760-778-4731
State Of California ss:
County of Riverside
Advertiser: CITY OF PALM SPRINGS/LEGALS
PO BOX 2743 No:960
RESOLUTION NO.24046 i
PALM SPRINGS CA 92263 A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF PALM SPRINGS,
CALIFORNIA,DECLARING ITS INTENTION TO CONDUCT PUBLIC HEARING ON
JULY 6,2016,REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO.3,
Order# 0001351117 ''i, AND PARKWAY MAINTENANCE DISTRICTS NO.GA,6C1 7,B.9,AND 1D(ZONES 1
AND 2),AND.LANDSCAPE MAINTENANCE DISTRICT NO 12,AND TO LEW AND
COLLECTANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2016-17.
WNEREA§, the Ckv Counnl of the City of Palm Springt California,
(hereinafter the"City Coun,I'), has by previous Resolution established Street
Lighting Maintenance District No. 3 ("Crossley Tract"), Parkway Maintenance
District No.6A("Fairt Development"), Parkway Maintenance District No.6C
( Park Sonora Tract"),rpoParkway Maintenance District No.7("Sunrise Norte Trac-
V),Parkway Maintenance District No 8(-Vintage Palms Tract'),Parkway Main-
I am over the ears age of 18 old, a citizen of tenance District No 9 ('Flora Vista"), Parkway Maintenance District No. 10
9 y (tones 1 and 2)("Mountain Gate"),and Landscape Maintenance District No-1"2
the United Stales and not a art to,or have ("Smoke'Tree Commons"), (hereafter Indrvldually'referred to as the ,District ,
party 'br collectively referred to as the`Dlstricts"), pursuant to the provisions of the
•Land raping and U.hting,ytd of 5972 Par:2 of DNulon 15 of the Streets and
interest in this matter. I hereby certify that the Hlghdraya,Code'or the State of Califorma,beginning'with�§22500 thereafter re-
attached advertisement appeared in said I'jfgped No as the;"Act"),that provides for the levy and c6Jlectlon of assessments
PP 6ythe C' of Palm Springs to ppay for the malntenance and eNices of imp ro e
newspaper setint enotsmallerthannon I ;f�xients=^ aoappprtenantfacilltiesandoperabonsrelatedthereto;and
( YP , { i WHEREAS an Engineer's Report for each DiAAQ(hereafter referred
panel)in each and entire issue of said am as"fhe"Report") has been,prepared and flied,wlth the i ClerK,of the City
"'6 Palm Springs?(hereafter referred to as the aCity Clerk"),and the Report Iden-
3'dies the levy of assessments for Final Year 2016 017 Uuly 1;2016,and ending
newspaper and not In any Supplement thereof June 30,2017)in accordance whh the Act;and the City Council did by previous
on the followingdates,to wit: Resolutionprelimmarily approve'each Report.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RE-
SOLVEAS FOLLOWS i
Newspaper:The Desert Sun d SECTION I The City Co,.64D hereby declares its intention to levy and aol-
1ed annual assessments against"parcels of land within each District for Final -
Yea)Y016d017 in accordance with§22624 of the Am .I
6/11/2016 SECTION 2. The territory of land within each District consists of non-
cgg�quails,separately established District areas within the incorporated boun- i
=,dlH of the City of Palm Springs, and a full,and complete listingg of parcels
'vntH(Leach District is Included in the Report bn Ne whh t,e,Crty ClerY
SECTION 3:The Improvements Include the operation, mainte6anua and
�"serv`dng of eAonp street hghbng, or streetscape l0ruku in x indudin j
parliWays end medians as well as public landscaped Areas,m�uding tu�s
grbund cover,plants,shrubs,trees Irrigation and drainage rys[a s, landua`pe
I acknowledge that I am a principal clerk Of the Ighting improvements,and appurtenant facilities and improvements to, a pro-.
vroed by the City insta
of Palm S rings In connection with the Improvements Ile
printer of The Desert Sun, printed and within each oistri t DetalPed maps and deuflp ions of the latagon antl ex ant
of the Improvements to be maintained are included as Part of the Report for
published weekly in the City of Palm Springs, ;oath'Dinnn4ndbyyreferenceismadepartofthisResoI ri o .,,1
SECTION 2k T'he proposed assessments far each District pre outlined in the
County of Riverside, State of California. The ael3br The Report natal,the assessments necessary to pro,Ida for the annual"
operation, administration, services,and malntenance of,the Improvements Desert Sun Sun Was adjudicated a Newspaper Of I critied in Section 3 of this Resolution. These assessments are less than or equal
4o the maximum es,asssment'ambunts previously appproved by pproperty owner �I
general circulation on March 24, 1988 by the .,to
or balloting within each District, In adcorriance with tpa provlsi6ne of
',the California Constitution Article XIIID(Prop oyrtion 218). . '
Superior Court Of the County of Riverside, SECTION 5 The City Council hereby declares Its Intention to cbioduka'a
.Public Hearing concerning the-levy of assessments for the lmprovementS16,a&
State of California Case No. 191236. l:cordance With'§22625 of the A2 Any interested arson may file a written pro-
;test ygith the City Clerk gQior to the Gonduswq o(pthe hearingg„or having previ- -i
.:owly,flled protest may file a written vnthdraW31 of that praiest.+A written pro-
`test shall state:all grounds Or a IS and protest,by a property owner shall
,contain a description sufficient-tb Idemlfy the'properry dwnetl byy u'h roperty
-owner. At the Public Hearing,-all Interested persom shall be=6pthe op-
portunity to hear and be heard- . r P
SECTION 6 Notice is her. 9rven thatalubI Hearing on these matters
declare under penalty Of perjury that the .will be he)d g';the City Council on Wednesday,July 6,2016,at6 00 P.M.;or as
P y P J ry soon thereafter as feasible in the C ty Counnl Chamber at GITy'Hall located at
3200 E.TaHu'uiu Canyon Wayy,Palm Springqs,Califomla.
foregoing is true and correct. Executed On SECTION 7:In attordande wRh 42255Y,agd§72553 of the Act,the City
Clerk shall cause notice to tie given of the time and place of the Public Hearing
this 11th day of JUNE, 2016 in Palm by causm9 ih6 publishing of this Resolution once m the local-paper not less
than ten(10)days before the date of the Pub)ICHeanng,and by porting a copy
Springs, California. of this Resollution on the official bull]e in boartl cus Oman u ed by the City
Councilforthe ct.
n of such notices,pumuantto the A
\ .ADD TH15_5T DAV OF JUNE,2016.
i
s CERTIFICATION
�r� STATE OF CA.LIFORNIA )
4 y COUNry OF RIVERSIDE
'1j f yLRY OF BALM SPRINGS A
�I,-DAMES THOMPSON,City Clerk of the Cry of Palm Springs,hereby
certify that Resolution No.24046 u afull,,true and correct co ,antl was duty
adopted at regular meeting of the City'Council of the City of Palm Springs on
the 1st day of June,2016,by the following vote:., t
AYES Councilmember Foat Counclmember Kom
Declarant \1 - Councilmember Roberta -
1\ �f Mayor ProTem Mills,and Mayor Moon,l
YJ , NOE$ ,None."-
. R ABSENT. None:.
�^ ABSTAIN None.
\�\ James Thompson,City Clerk
City of Palrroo�pringgs,California s .l
Published 6fl1f2015
i