Attachment C
Resolution
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM S PRINGS, CALIFORNIA, ACCEPTING PETITION
OF OLD LAS PALMAS ASSESSMENT DISTRICT NO. 2
WH
EREAS, the owners of certain real property situated in the City of Palm Springs ("City") have filed with the City Clerk several signed counterparts of a petition, requesting the implementation of a project for the undergrounding of certain existing, overhead utility facilities, together with appurtenant work and improvements, as described therein, the cost of which is to be specifically assessed against each parcel of land benefiting from such improvements as shown on an exhibit map attached to the petition; and WH
EREAS, the petition contains an express waiver of statutory proceedings under the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, as provided in Section 2804 of the Streets and Highways Code of the State of California and satisfies the requirements for instituting proceedings for the conversion of existing overhead electric and communication facilities to underground locations in accordance with Section 5896.5 of the Streets and Highways Code of the State of California; and WH
EREAS, the City Clerk has also received a certificate to the effect that the petition has been signed by persons owning lands constituting more than sixty percent (60%) in area of the land subject to assessment within the proposed assessment district; and
WH
EREAS, this City Council finds that the owners of more than sixty percent (60%) in area of the land proposed to be assessed for the proposed improvements, including the owners of more than five of the subject parcels, have signed such petition and that the petiti on contains the matters required by Sections 2804 and 2804. 5 of the Streets and Highways Code.
THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SE
CTION 1. The petition, as filed with the City Clerk, is hereby found to be legally sufficient and is accepted.
SE
CTION 2. The special assessment proceedings shall be undertaken by the terms of the petition, pursuant to the Municipal Improvement Act of 1913 and without further compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (commencing with Section 2800 of the Streets and Highways Code).
SE
CTION 3. This City Council hereby finds and determines that the public interest and convenience will be served by the taking of such proceedings.
SE
CTION 4. If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not Resolution No. _____
affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SE
CTION 5. The City Council finds the adoption of this resolution exempt from the California Environmental Quality Act (" CEQA") pursuant to Section 15302( d) conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment.
SE
CTION 6. This action is " final" within the meaning of Streets and Highways Code Section 3012.
SE
CTION 7. The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.
SE
CTION 8. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution.
ADO
PTED THIS ___TH DAY OF ________________, _________.
SC OTT C. STILES
CITY MANAGER, CITY OF PALM SPRINGS
ATTE
ST:
BRENDA PREE
CITY CLERK, CITY OF PALM SPRINGS
At
tachment: Exhibit A - Certificate of Sufficiency of Petition Resolution No. _____
CERTIFICATION
STA
TE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, Br
enda Pree, 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 _______________________, by the following vote:
AYES:
NO
ES:
ABSENT:
ABSTAIN:
IN W
ITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BREN DA PREE
CITY CLERK, CITY OF PALM SPRINGS
Exhibit “A”
Certificate of Sufficiency of Petition
CE
RTIFICATE OF SUFFICIENCY OF PETITION
ST
ATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF PALM SPRINGS
T
he undersigned hereby CERTIFIES as follows:
T
hat I am the duly appointed ASSESSMENT ENGINEER of the CITY OF PALM SPRINGS, CALIFORNIA.
T
hat on the 9th day of February, 2026, I reviewed a Petition for the formation of an Assessment District for certain public works improvement, together with appurtenances, appurtenant work and acquisition, where necessary, in a special assessment district known and designated as Underground Utility Old Las Palmas Assessment District No. 2 (hereinafter referred to as the “Assessment District”), a copy of which is on file in the Office of the City Clerk.
T
he undersigned hereby further specifically certifies as follows:
1. T
hat I caused said Petition to be examined and my examination revealed that said Petition was signed by not less than five (5) owners of assessable land in the proposed Assessment District as shown by the last equalized assessment roll used by the City, owning lands constituting more than fifty percent (50%) of the area of all assessable lands within the proposed Assessment District, all as prescribed by Section 5896.6 of the Streets and Highways Code of the State of California.
2. Said Petition did represent sixty- one and one-tenths of a percent ( 61.1%) of the assessable area of property within the proposed boundaries of the Assessment District.
Ex
ecuted this 9th day of February, 2026 at Irvine, California. _______
_____________________________
JEFFREY M. COOPER, P.E.
NV5, ASSESSMENT ENGINEER
CITY OF PALM SPRINGS
STATE OF CALIFORNIA