HomeMy WebLinkAbout22091 - RESOLUTIONS - 11/7/2007 RESOLUTION NO. 22091
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 STREET
LIGHTING MAINTENANCE DISTRICT NO. 4 EAGLE WAY
AREA, COMMENCING IN FISCAL YEAR 2008-09; AND
CALLING FOR A PROPERTY OWNER PROTEST BALLOT
PROCEEDING FOR SAID ASSESSMENT INCREASE.
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 Street Lighting Maintenance District No. 4 — Eagle Way Area (hereinafter
referred to as "SLMD-4"), to be levied and collected through annual assessments
against lots and parcels within SLMD-4 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 SLMD-4 to support and
pay the cost and expenses related to the maintenance, operation and servicing of the
public street lighting improvements related thereto for which properties within SLMD-4
will receive special benefits; and
WHEREAS, the City Engineer (Assessment Engineer of Work) has prepared and filed
the required Engineer's Report for SLMD-4 in connection with the proposed assessment
increase 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
Report has been presented to the City Council and is 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.
SECTION 2 Content of Engineer's Report: The Engineer's Report as presented,
consists 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.
Resolution No. 22091
Page 2
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: The Engineer's Report for SLMD-4 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 Intention: The City Council hereby declares its intention to increase the
annual assessments on properties within SLMD-4 as outlined in the Engineer's Report
to fund the cost and expenses associated with the public street lighting within SLMD-4;
and to levy and collect such assessments against parcels of land 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
SLMD-4 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 SLMD-4 as identified by the Assessment Diagram
contained in the Engineer's Report; includes all properties that receive special benefits
from the street 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 public street lighting
improvements, facilities and energy costs associated with the properties within SLMD-4
in connection with the special benefit received by those parcels. The Engineer's Report
prepared in connection with these proceedings for a proposed assessment increase in
SLMD-4 provides a more detailed description of the improvements and associated costs
and by reference is 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 SLMD-4 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 SLMD-4 commencing in fiscal year 2008/2009. The Engineer's Report referred to
in Section 2 of this resolution establishes the estimated budget of anticipated expenses
and the resulting new assessments for SLMD-4 including an annual inflationary
adjustment, that will be necessary to provide ongoing funding of the improvements
Resolution No. 22091
Page 3
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 SLMD-4. 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 increase including the assessment formula as outlined in the Engineer's
Report, 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 SLMD-4, the improvements therein and the proposed
assessment increase 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 SLMD-4
and the proposed levy and collection of an assessment increase 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 SLMD-4 shall constitute the property owners' approval or
rejection of the proposed assessment increase and associate 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, 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
apposition to the assessment exceed the ballots submitted in favor of the assessment.
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.
Resolution No. 22091
Page 4
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.
David H. Ready, CiCager
ATTEST:
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. 22091 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 71h 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.
Yity
s Thompson, City Clerk / o
f Palm Springs, California f t t t