HomeMy WebLinkAbout22089 - RESOLUTIONS - 11/7/2007 RESOLUTION NO. 22089
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. 1 BELARDO ROAD
AREA, AND STREET LIGHTING MAINTENANCE DISTRICT
NO. 2 MCMANUS DRIVE, COMMENCING IN FISCAL YEAR
2008-09; AND CALLING FOR A PROPERTY OWNER
PROTEST BALLOT PROCEEDING FOR SAID ASSESSMENT
INCREASES.
WHEREAS, the City Council, pursuant to the provisions of the Street Lighting Act of
1931, Part 2, Division 14 of the California Streets and Highways Code, commencing
with Section 18300 (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. 1 — Belardo Road Area (hereinafter referred to as
"SLMD-1"), and Street Lighting Maintenance District No. 2 — McManus Drive
(hereinafter referred to as "SLMD-2"), and collectively hereinafter referred to as the
"Districts"; to be levied and collected through annual assessments against lots and
parcels within SLMD-1 and SLMD-2 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-1 and SLMD-2 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-1 and SLMD-2 will receive special benefits; and
WHEREAS, the City Engineer (Assessment Engineer of Work) has prepared and filed
the required Engineer's Reports for SLMD-1 and SLMD-2 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 18340 of the
Act, and said reports have been presented to the City Council pursuant to Section
18341 of the Act, 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.
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).
Resolution No. 22089
Page 2
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 SLMD-1 and SLMD-2
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 SLMD-1 and SLMD-2 as outlined in the
corresponding Engineer's Report to fund the cost and expenses associated with the
public street lighting within those Districts; and to levy and collect such assessments
against parcels of land within SLMDA and SLMD-2 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
SLMD-1 and SLMD-2 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-1 and SLMD-2 as identified by the
Assessment Diagram for each District; 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 each of
the respective Districts (SLMD-1 and SLMD2) in connection with the special benefit
received by those parcels. The Engineer's Reports prepared in connection with these
proceedings for a proposed assessment increase in SLMD-1 and SLMD-2 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
Resolution No. 22089
Page 3
improvements within SLMD-1 and SLMD-2 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-1 and SLMD-2 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 SLMD-1 and
SLMD-2 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 SLMD-1 and SLMD-2. 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
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 SLMD-1 and SLMD-2, 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-1 and SLMD-2 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-1 and SLMD-2 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, 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.
Resolution No. 22089
Page 4
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.
David H. Ready *`nag r
---ATTEST:
J 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. 22089 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 7th 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.
es Thompson, City Clerk
Ity of Palm Springs, California !t Z Z