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Home My WebLink AboutCC RES 07-03 RESOLUTION NO. 07- 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT DECLARING THE RESULTS OF THE TABULATION OF ASSESSMENT BALLOTS IN CONNECTION WITH PROPOSED CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1 AND FINDING THAT A MAJORITY PROTEST EXISTS THE CITY COUNCIL OF THE CITY OF PALM DESERT HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The City Council, by its Resolution entitled "A Resolution of the City Council of the City of Palm Desert, California Declaring Its Intention to Form the City of Palm Desert Benefit Assessment District No. 1, to Levy and Collect Annual Assessments within Such District Commencing in Fiscal Year 2007-08, to Conduct a Property Owner Balloting on the Matter of the Proposed Assessments Connected Therewith and to Appoint a Time and Place for the Public Hearing on These Matters," (the "Resolution of Intention") declared its intention to form an assessment district designated the "City of Palm Desert Benefit Assessment District No. 1" (the "District") and to levy and collect an annual assessment (the "Benefit Assessment") against nonexempt properties in the District commencing with fiscal year 2007-08 to pay for the cost and expenses associated with the ongoing administration, operation, maintenance and servicing (the "Services") of an existing drainage basin and appurtenant facilities constructed in a portion of Section 29, Township 4 South, Range 6 East SBM in the City of Palm Desert, together with any future expansions, enlargements or improvements thereto, which drainage basin and appurtenant facilities will be owned by the City of Palm Desert and will serve certain of the properties to be developed in the development known as the Section 29 Development and properties in the existing development known as Monterey 170. Section 2. MuniFinancial, the Engineer of Work selected by the City Council, has prepared and filed with the City Clerk a report in connection with the proposed District, and the levy of the Benefit Assessment in accordance with Article XIIID of the California Constitution and the Benefit Assessment Act of 1982, commencing with Section 54703 of the California Government Code (the "Engineer's Report"), and the City Council did, by previous resolution, preliminarily approve such Engineer's Report. Section 3. The Resolution of Intention directed the City Clerk to give notice in accordance with law of a public hearing on the Benefit Assessment and to include with such notice the assessment ballot required pursuant to Article XIIID, Section 4 of the California Constitution and Section 53753 of the California Government Code. Section 4. On January 11, 2007, following notice duly given in accordance with law, the City Council opened a public hearing and continued such hearing until January 25, 2007, and on such dates the City Council held a full and fair public hearing on the Resolution of Intention, the Engineer's Report, the levy and collection of the proposed P6401-1033\938239v2.doc RESO] ON NOS. 07-3 & 07-3A Staff Report Consideration of Formation of the City of Palm Desert Benefit Assessment Dist. 1 Page 2 of 3 January 11, 2007 In order to provide financing for the ongoing maintenance and servicing of the drainage basin after it is acquired by the City, Staff recommends that the City Council undertake proceedings to form the City of Palm Desert Benefit Assessment District No. 1 (the "Benefit Assessment District") pursuant to the Benefit Assessment Act of 1982, commencing with Section 54703 of the California Government Code (the "1982 Act"). The 1982 Act provides for the annual levy of assessments to pay for the maintenance and servicing of certain public improvements, including drainage improvements. Staff recommends that the Council undertake proceedings to form the Benefit Assessment District concurrently with the proceedings to form the Section 29 assessment district to ensure that a mechanism to finance the ongoing maintenance of the drainage basin is in place prior to the City acquiring ownership of the drainage basin. In addition to including certain of the properties in the proposed Section 29 Assessment District, the proposed Benefit Assessment District will also include properties in the Monterey 170 Development. Properties in the Monterey 170 development currently use the existing drainage basin and currently finance the ongoing maintenance through a homeowners' association. On November 16, 2006, the City Council adopted a resolution of intention to form the Benefit Assessment District No. 1, to levy and collect assessments within the district, to set a public hearing on January 11, 2007 and to direct a property owner balloting procedure be conducted in connection with the proposed formation of the Benefit Assessment District. Such resolution also approved procedures for the completion, return and tabulation of assessment ballots, which are on file in the office of the City Clerk. On November 16th, the City Council also adopted a resolution preliminarily approving the Engineer's Report prepared by the City's assessment engineer, MuniFinancial. The Assessment Engineer has presented a modification to the Engineer's Report to reflect a revised acreage for a property owner in the proposed Benefit Assessment District. The proposed modification does not increase any of the assessments. The Engineer's Report, as modified, among other things, describes (i) the proposed services to be financed by the proposed annual benefit assessment, (ii) the properties proposed to be subject to the proposed annual benefit assessment, (iii) the method of apportionment for calculating each parcel's proportional special benefits from the services; and the (iv) the proposed annual benefit assessment. Formation of the Benefit Assessment District is subject to the requirements of Proposition 218. In accordance with these requirements, the City mailed a notice of the January 11th public hearing, together with an assessment ballot, to the property owners within the proposed Benefit Assessment District more than 45 days prior to the date of the hearing. P6401-1033\938260v2.doc 2 Staff Report RESOI DN NOS. 07-3 & 07-3A Consideration of Formation of the City of Palm Desert Benefit Assessment Dist. 1 Page 3 of 3 January 11, 2007 At the hearing all interested persons must be given the opportunity to hear and be heard regarding protests and objections to the formation of the Benefit Assessment District, the levy and collection of the proposed annual benefit assessment, and related matters. Each ballot is weighted in accordance with the proposed annual benefit assessment against the parcel covered by the ballot. In order to be counted, all ballots must be returned to the City prior to the close of the public input portion of the Benefit Assessment District hearing. If the weighted ballots cast in opposition to the proposed annual benefit assessment do not exceed the weighted ballots cast in favor of the proposed annual benefit assessment (i.e., there is not a majority protest) the City Council may proceed to form the Benefit Assessment District and impose the annual benefit assessment. The City Clerk and the Assessment Engineer will tabulate the ballots following the close of the public input portion of the hearing and determine whether or not a majority protest exists. In the event of a majority protest, Staff recommends that the City Council adopt Resolution No. 07- 3 which finds that a majority protest exists. In the event of a majority protest, proceedings for the formation of the Benefit Assessment District and the imposition of the annual benefit assessment will terminate. In the absence of a majority protest, Staff recommends that the City Council adopt Resolution No. 07- 3A , which is necessary to form the Benefit Assessment District and impose the annual benefit assessment. Resolution No. 07- orders modifications to the Engineer's Report, approves the Engineer's Report as modified, orders formation of the Benefit Assessment District and confirms a maximum assessment in connection with the Benefit Assessment District to pay for the ongoing maintenance and servicing of the drainage basin. Submitted by: Approval: • AIL David Yri yen st n McCarth Direct of Redevelopment/Housing AC Redevelop eut DY:AKS:mh Approval: Carlos L. O ega, y Manager Paul S. Gibson, Director of Finance P6401-1033\938260v2.doc 3 XIII. PUBLIC HEARING: A. CONSIDERATIGti vF THE FORMATION OF CITY OF PAL., „ESERT BENEFIT ASSESSMENT DISTRICT NO. 1 (Continued from the meeting of January 11, 2007). CITY COUNCIL 1CTION: APPROVED ✓ DENIED REC VE'D OTHER 1-k1 Cf KCAS =No- D'l-c MEETIN ATE - -C' AYES: I I 1 e I v.I l NOES: ABSENT: krk ABSTAIN: VERIFIED BY: /r )riginal on File th City Clerk's Office