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HomeMy WebLinkAbout22093 - RESOLUTIONS - 11/7/2007 RESOLUTION NO. 22093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE CITY'S INTENTION TO PROPOSE AN INCREASE TO THE ASSESSMENTS FOR PROPERTIES WITHIN PARKWAY MAINTENANCE DISTRICT NO. 6B PARKSIDE ESTATES, PARKWAY MAINTENANCE DISTRICT NO. 7 SUNRISE NORTE, AND PARKWAY MAINTENANCE DISTRICT NO. 8 VINTAGE PALMS, COMMENCING IN FISCAL YEAR 2008-09; AND CALLING FOR A PROPERTY OWNER PROTEST BALLOT PROCEEDING FOR SAID ASSESSMENTINCREASES. WHEREAS, the City Council, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereinafter referred to as the "Act"), did by previous Resolution, initiate proceedings for a proposed assessment increase for the Palm Springs Parkway Maintenance District No. 6B — Parkside Estates (hereinafter referred to as "PMD-613"); Parkway Maintenance District No. 7 — Sunrise Norte (hereinafter referred to as "PMD-7"); and Parkway Maintenance District No. 8 — Vintage Palms (hereinafter referred to as "PMD-8"); and collectively hereinafter referred to as the "Districts'; to be levied and collected through annual assessments against lots and parcels within PMD-613, PMD-7 and PMD-8 commencing in fiscal year 2008/2009; and WHEREAS, the City Council desires to levy and collect the necessary assessments (increased assessments) against lots and parcels of land within PMD-613, PMD-7 and PMD-8 to support and pay the cost and expenses related to the maintenance, operation and servicing of the landscaping and lighting improvements related thereto for which properties within PMD-6B, PMD-7 and PMD-8 will receive special benefits; and WHEREAS, the City Engineer (Assessment Engineer of Work) has prepared and filed the required Engineer's Reports for PMD-613, PMD-7 and PMD-8 in connection with the proposed assessment increases commencing in fiscal year 2008/2009 (beginning July 1, 2008, and ending June 30, 2009) with the City Clerk pursuant to Section 22623 of the Act, and said reports have been presented to the City Council, and said reports are incorporated herein by reference. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 Recitals: The above recitals are true and correct. Resolution No. 22093 Page 2 SECTION 2 Content of Engineer's Report(s): The Engineer's Reports as presented, consist of the following: 2a) A Description of Improvements (Plans and Specifications). 2b) An Assessment Diagram (Boundary). 2c) The proposed Budget establishing the estimated annual Costs and Expenses. 2d) The Method of Apportionment that describes the method of calculating proportional special benefits and the annual assessment obligation for each affected parcel. 2e) An Assessment Roll containing the proposed new assessment to be levied for each Assessor Parcel Number commencing in fiscal year 2008/2009 based on the proposed budget and method of apportionment. Said assessments shall be presented to the property owners of record pursuant to the California Constitution Article XIIID. SECTION 3 Approval of Report(s): The Engineer's Report for PMD-6B, PMD-7 and PMD-8 are hereby approved on a preliminary basis as submitted or amended by direction of this City Council, and are 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 Intention: The City Council hereby declares its intention to increase the annual assessments on properties within PMD-6B, PMD-7 and PMD-8 as outlined in the corresponding Engineer's Report to fund the cost and expenses associated with the authorized landscaping and lighting improvements within those Districts; and to levy and collect such assessments against parcels of land within PMD-6B, PMD-7 and PMD-8 respectively, commencing with fiscal year 2008/2009 in accordance with the Act and the provisions of the California Constitution Article XIIID. The City Council further declares its intention to conduct a public hearing regarding PMD-6B, PMD-7 and PMD-8 and the proposed levy of an increased assessment and calls for a property owner protest ballot 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 City Council hereby finds that the lots, parcels of land and subdivisions within the boundaries of PMD-6B, PMD-7 and PMD-8 as identified by the Assessment Diagram for each District; includes all properties that receive special benefits from the related landscaping and lighting improvements for which the City proposes to levy such assessments. SECTION 6 Improvements: The proposed improvements and services to be provided and for which properties shall be assessed, include but are not limited to the regular maintenance, operation and incidental expenses related to the landscape improvements, facilities and appurtenant services associated with the properties within each of the respective Districts (PMD-6B, PMD-7 and PMD-8) as well as the street Resolution No. 22093 Page 3 lighting improvements for PMD-7. The Engineer's Reports prepared in connection with these proceedings for a proposed assessment increase for PMD-613, PMD-7 and PMD- 8 provide a more detailed description of the improvements and associated costs for each respective District and by reference are made part of this resolution. SECTION 7 Assessments: The City Council hereby determines that in order to provide an appropriate level of maintenance, operation and servicing of the improvements within PMD-613, PMD-7 and PMD-8 as generally described in section 6 of this resolution, it is necessary to increase the annual assessments to be levied against lots and parcels within PMD-613, PMD-7 and PMD-8 commencing in fiscal year 2008/2009. The Engineer's Reports referred to in Section 2 of this resolution establish the estimated budget of anticipated expenses and the resulting new assessments for PMD-613, PMD-7 and PMD-8 including an annual inflationary adjustment, that will be necessary to provide ongoing funding of the respective improvements including all operational and incidental expenses related to such improvements and services. SECTION 8 Compliance with the Constitution: Pursuant to California Constitution, Article XIIID, an assessment ballot proceeding is hereby called on the matter of confirming the proposed assessment increase for PMD-6B, PMD-7 and PMD-8. 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. SECTION 9 Mailed Notice and Ballot: 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 subject property owners regarding the proposed assessment increases including the assessment formula as outlined in the Engineer's Reports, for return receipt prior to the date and time of the public hearing set forth in this resolution. SECTION 10 Public Hearing: The City Council hereby declares its intention to conduct a Public Hearing concerning PMD-6B, PMD-7 and PMD-8, the improvements therein and the proposed assessment increases connected therewith. Notice is hereby given that on Wednesday, January 16, 2008, at 6:00 P.M., the City Council will hold a Public Hearing for PMD-6B, PMD-7 and PMD-8 and the proposed levy and collection of assessment increases related thereto commencing in fiscal year 2008/2009, or as soon thereafter as feasible. The Public Hearing will be held in the City Council Chambers, located at 3200 East Tahquitz Canyon Way, Palm Springs, at the time so fixed. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard. SECTION 11 Determination of Majority Protest: The property owner protest ballot proceeding conducted for PMD-6B, PMD-7 and PMD-8 shall constitute the property owners' approval or rejection of the proposed assessment increase and associated assessment formula. The property owners may return their ballot by mail or in person to the City Clerk not later than the conclusion of the Public Hearing on Wednesday, Resolution No. 22093 Page 4 January 16, 2008. After the close of the Public Hearing, pursuant to Section 4, Sub- Section 4 (e) of the California Constitution, the City shall tabulate the ballots returned to determine if majority protest exits. Only those ballots issued by the City shall be considered as valid ballots and shall be weighted according to the proportional financial obligation of the affected property. Majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment for each respective District. In addition to the mailed ballot proceedings, 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 12 Notice: The City Clerk is hereby authorized and directed to give notice of such Public Hearing as provided by law. ADOPTED this 7th day of November, 2007. C J _ David H. Ready, Ci aah g AT ST: roes 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. 22093 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 7t' day of November, 2007, by the following vote: AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills, Mayor Pro Tern Pougnet, and Mayor Oden, NOES: None- ABSENT: None. ABSTAIN: None. Imes Thompson, City Clerk ity of Palm Springs, California 1 rZ fI2�o7