HomeMy WebLinkAbout22247 - RESOLUTIONS - 6/18/2008 RESOLUTION NO- 22247
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DECLARING ITS
INTENTION TO FORM LANDSCAPE MAINTENANCE
DISTRICT NO. 12 "SMOKE TREE COMMONS;" AND
DECLARING ITS INTENTION TO CONDUCT A
PROPERTY OWNER BALLOTING ON THE MATTER OF
NEW ASSESSMENTS RELATED THERETO
COMMENCING WITH FISCAL YEAR 2008-09.
WHEREAS, the City Council of the City of Palm Springs (the "City") pursuant to the
provisions of the Landscaping and Lighting Act of 1972, being Part 2, Division 15 of
the California Streets and Highways Code, commencing with Section 22500 (hereafter
referred to as the "Act"), did by previous Resolution, initiate proceedings for the
formation of Landscape Maintenance District No. 12 "Smoke Tree Commons"
(hereafter referred to the "District"); and the proposed levy and collection of annual
assessments related thereto to pay for the operation, maintenance and servicing of
the improvements and facilities related thereto; and,
WHEREAS, the City Council desires to form the District; and to levy and collect annual
assessments against lots and parcels of land within the District to pay the cost and
expenses related to the maintenance, servicing and operation of the District
improvements authorized by the Act and in accordance with the provisions of the
California Constitution Article XIIID (hereinafter referred to as the "Constitution"); and,
WHEREAS, pursuant to said Resolution, the Engineer of Work has prepared and filed
with the City Clerk an Engineer's Report (hereafter referred to as the 'Report") in
connection with such proceedings for the formation of the District and the proposed
levy of assessments commencing with fiscal year 2008/2009 (Beginning July 1, 2008
and ending June 30, 2009); pursuant to Section 22623 of the Act, and in accordance
with the Constitution; and said Report has been presented to the City Council.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1 RECITALS: The above recitals are true and correct.
Section 2. REPORT CONTENT: The Report as presented consists of the following:
2a) Plans and specifications that describe the District and Improvements.
2b) 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 commencing in fiscal year 2008/2009
including the establishment of:
Resolution No. 22247
Page 2
n Annual assessments for the ongoing maintenance, servicing and operation of the
improvements that provide special benefits to the properties in the District; and,
y An Assessment Range Formula that provides for inflationary adjustments to the
annual assessment thereby establishing the maximum assessment rate authorized
each fiscal year.
2c) The Budget that outlines the estimated annual expenses to provide, maintain,
and service the improvements including incidental expenses authorized by the 1972
Act.
2d) An Assessment Diagram that identifies the boundaries of the District and the
associated lots, parcels and properties included therein.
2e) An Assessment Roll containing each of the Assessor Parcel Numbers that
comprise the District and the proportional assessments commencing Fiscal Year
2008/2009.
Section 3. REPORT APPROVAL: The Report presented is hereby approved on a
preliminary basis as submitted or amended by direction of this City Council, and is
herby ordered to be filed in the Office of the City Clerk as a permanent record and to
remain open to public inspection.
Section 4. ASSESSMENTS: The City Council hereby declares its intention to form the
District to be designated as Landscape Maintenance District No. 12 "Smoke Tree
Commons" and proposes to levy and collect annual assessments against parcels of
land within said District that are necessary to fund the ongoing cost and expenses to
maintain and service the improvements associated with the development of properties
within the District as outlined in the Report prepared in connection therewith,
commencing with fiscal year 2008/2009.
The City Council further declares its intention to conduct a public hearing regarding
the District and the proposed levy of assessments; and calls for a property owner
protest balloting proceeding related thereto in accordance with the provisions of the
California Constitution Article XIIID. The City Council finds that the public's best
interest requires such action and levy of assessments.
Section 5. TERRITORY: The territory of land within the proposed District is within the
City of Palm Springs, County of Riverside, State of California, and generally consists
of the lots, parcels and subdivision of land within the commercial development known
as Smoke Tree Commons and designated as Parcel Map No. 34289. This commercial
development encompasses an area of land totaling approximately eighteen acres
(18.10 acres) located generally east of Sunrise Way, at the southwest corner of East
Palm Canyon Drive and Barona Road. The parcels of land that comprise Parcel Map
No. 34289 and the District include all or a portion of the parcels identified by the
Riverside County Assessor's Office as:
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510-020-034 (Portion of the 9.110 acres);
510-020-041 (0.810 acre parcel);
510-020-042 (0.650 acre parcel);
510-020-043 (0.250 acre parcel);
510-020-046 (0.510 acre parcel);
510-020-047 (0.390 acre parcel);
510-020-048 (0.300 acre parcel);
510-020-051 (Portion of the 5260 acres);
510-020-053 (5.450 acre parcel);
610-020-057 (0.190 acre parcel); and
Approximately 1.06 acres of existing street frontage on East Palm Canyon Drive and
Barona Road that are not currently designated as an Assessor Parcel Number (APN)
by the Riverside County Assessor's Office.
Section 6. IMPROVEMENTS: The purpose of this District is to ensure the ongoing
maintenance, operation and servicing of local landscape improvements established or
installed in connection with development of commercial properties within Smoke Tree
Commons — Parcel Map 34289. These improvements may include, but are not limited
to, ground cover, shrubs, trees, plants, irrigation and drainage systems, ornamental
lighting structures, entryway monuments, hardscapes and associated appurtenant
facilities totaling approximately 7,060 square feet of surface area within the median
islands on East Palm Canyon Drive adjacent to Parcel Map 34289.
The maintenance of the District improvements generally include, but are not limited to
all materials, equipment, utilities, labor and incidental expenses including
administrative expenses for annual operation of the District as well as the performance
of occasional repairs, replacement and expanded maintenance activities associated
with those improvements. Detailed maps and descriptions of the location and extent of
the proposed improvements to be maintained by the District are on file at the City and
by reference are made part of this Resolution.
Section 7. ASSESSMENTS: The City Council hereby determines that in order to
provide the maintenance and related services and activities for the improvements
associated with the District as generally described in section 6 of this resolution, it is
necessary to levy annual assessments against lots and parcels within the District
commencing in fiscal year 2008/2009. The Report referred to in Section 2 of this
Resolution establishes the estimated budget of anticipated expenses and the resulting
maximum assessments including an annual inflationary adjustment, and such
assessments have been deemed necessary to ensure the proper maintenance and
servicing of the improvements including all operational and incidental expenses
related to such improvements and services.
Resolution No. 22247
Page 4
Section 8. PUBLIC HEARING: The City Council hereby declares its intention to
conduct a public hearing concerning the levy of assessments for the proposed District
in accordance with the Act and California Constitution, Article XIIID.
Notice is hereby given that a public hearing on these matters will be held by the City
Council on Wednesday, July 16, 2008 at 6:00 p.m., or as soon thereafter as feasible in
the City Council Chambers, located at 3200 East Tahquitz Canyon Way, Palm
Springs, California.
Section 9. CALL FOR ASSESMENT BALLOTING: Pursuant to Article XIIID of the
California Constitution, an assessment ballot proceeding is hereby called on the
matter of confirming the proposed assessments for the District. The ballots and
notices so authorized shall be distributed by first class mail to the property owners of
record as of the last County equalized roll, and property owner or owners of each
affected parcel may return the ballot by mail or in person to the City Clerk not later
than the conclusion of the public hearing for this matter.
The City Council hereby authorizes and directs the City Clerk or their designee to
prepare and mail notice of the Public Hearing and property owner protest ballots to the
property owners of record regarding the proposed assessments including the
assessment range formula as outlined in the Report, for return receipt prior to the date
and time of the public hearing set forth in this Resolution.
Section 10. BALLOT PROCEEDINGS: The property owner protest ballot proceeding
conducted for the District shall constitute the property owners' approval or rejection of
the annual levy of assessments and assessment range formula described in the
Report presented and previously approved by the City Council. Each property owner
may return the ballot by mail or in person to the City Clerk no later than the conclusion
of the public hearing scheduled for Wednesday, July 16, 2008. After the close of the
Public Hearing, pursuant to Section 4 (e) of the California Constitution, the City Clerk
or their designee shall open and tabulate the ballots returned to determine if majority
protest exits. Only those ballots issued by or on behalf of the City and are signed by
the property owner of record or authorized representative shall be considered as valid
ballots and shall be weighted according to the proportional financial obligation of each
affected property. Majority protest exists if, upon the conclusion of the hearing, valid
ballots submitted in opposition to the assessment exceed the ballots submitted in
favor of the assessment.
In addition to the ballot proceedings, property owners may also file a separate written
protest with the City Clerk prior to the conclusion of the hearing, or having previously
filed such protest, may file a written withdrawal of that protest. A written protest shall
state all grounds of objection and 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.
Resolution No. 22247
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Section 11. MAILING OF NOTICE: The City Clerk is hereby authorized and directed to
give notice of such Public Hearing as provided by law.
ADOPTED THIS 18th day of June, 2008.
David H. Ready, C-VV anager
ATTEST:
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?mes 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. 22247 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 18th day of June,
2008, by the following vote:
AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember
Weigel, Mayor Pro Tern Foat, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
Ymes Thompson, City Clerkf Palm Springs, California 1