HomeMy WebLinkAboutRes 92-53 LL AD No. 92-7 Waring Court MEETING DATE I ICI- ��-
c
CONTINUED TO' ( 7 ,�( 1 -
PASSED TO 2ND READU':G CITY OF PALM DESERT
�- TEROFFICE MEMORANDUM
TO: City Council and City Manager
FROM: Richard J . Folkers , Assistant City Manager/Public Works
Director
SUBJECT: LANDSCAPING AND LIGHTING DISTRICT NO. 92-7 (WARING COURT)
CONTINUED FROM MEETING OF JUNE 11 , 1992
DATE: July 9 , 1992
RECOMMENDATION:
(1) Waive further reading and adopt Resolution No. 92-53 ordering
the formation of the subject district and confirming the
diagram and report .
(2) By minute motion , approve the Engineer ' s Report , as filed , for
the fiscal year 1992-93 district budget .
BACKGROUND:
The formation of this district was continued because of concerns
raised by several of the affected property owners . On or about
June 24 , 1992 , a letter was delivered to the City Council by Dennis
Molloy, the principal spokesperson of the dissenting property
owners , that is requesting another continuation to the meeting of
August 13 , 1992 . The attached letter explains this request .
If the Council desires the continuation, there is no objection from
staff; however, Public Works staff continues to support and
recommend the formation of the maintenance district , the fiscal
year 1992-93 Engineer ' s Report, and the collection of necessary
funds to provide for the ongoing maintenance .
(( i4f%.41---1-47 \_ 6,---71.-,--- _
RIC ARD J. F KERS , P.E. REVIED CONCUR
CITY MANAGER
RJF:TB/ms
Attachments
RECEIVED
June 22, 1992
JUN 2 4 1992
City of Palm Desert PUBLIC WORKS DEPAIITMENT
CITY OF PALM DESERT
73-510 Fred Waring Dr.
Palm Desert, Ca. 92260
Attention: Members of the City Council
RE: Proposed Assessment District No. 92-7 (Waring Court)
Ladies/Gentlemen of the City Council:
We, a coalition of homeowners in the Waring Court Development,
hereby request that Palm Desert City Council consideration of the
proposed Assessment District 92-7 , previously deferred from the
June 11, 1992 , Council meeting to the July 9, 1992 , meeting, be
continued to the next available meeting. This request is based
upon the following:
1. We received no notice from the Developer regarding
the proposed Assessment District or his agreement with
the City to form either a Homeowners Association or an
Assessment District as a condition of approval of the
development. There are similar notice problems
regarding the City' s actions as respects certain
homeowners in the Waring Court development.
2 . We are involved in ongoing discussions with the
Developer to attempt to arrive at an equitable resolution
of our dispute.
3 . Due to conflicts in schedule, we will not have an
opportunity prior to the July 9 , 1992 , meeting to
discuss with counsel our rights with respect to
opposition to the formation of the proposed Assessment
District or release of the Developer' s bond by the City
of Palm Desert. Our designated spokesperson, Dennis
Molloy, will be out of town on July 9 , 1992 , and cannot
attend that meeting.
4 . If the proposed Assessment District is passed at this
time, we would have no choice but to file legal action,
possibly involving the City.
5. If the bond release goes forward we would contemplate
legal action to attach the Developer' s bond, said action
possibly involving the City.
June 22 , 1992
City of Palm Desert
Members of the City Council
Assessment District 92-7 (Waring Court)
Page 2
In view of the foregoing, we submit that it is in the best interest
of all concerned to schedule hearing and action on this matter at
a later time. We should be in a position to address these issues
in time for the August 13 , 1992, meeting.
Thank you for your consideration.
Respectfully submitted,
e___----------) _ —
� 7 " S l,JII R110 C. Co b, RT
Z. o d P1 c ,uC�D�'� c o LA- !2T
4--aGE'NC /j, PREG� 7 5� g3o Wr9F� /l�G
Y8./0 q c-/-tip4 0�r.4-cr".
s 0
4111P
4, , „ .
Alir/555. Z e C 41 7 f /6 /,,i e/ / C i07'
Aftp_A J PretASS 7 ,/ -~ �' �36 warI n 7 � �',
tz-f
0-----''',
�-e,,,,3 /I/ . 7310 / > 7 .q - a �S 6c)„ tio5 C 7-
cc: Mr. orton Baruh
Ken-Mor Enterprises
Mr. Jeff Fromberg, Esq.
Mr. Richard Folkers
City of Palm Desert
Mr. Tom Bassler
City of Palm Desert
•
INTEROFFICE MEMORANDUM
CITY OF PALM DESERT
TO: City Council and City Manager
FROM: Richard J. Folkers, Assistant City Manager/Public Works Director
SUBJECT: LANDSCAPING AND LIGHTING DISTRICT NO. 92-7 (WARING COURT)
DATE: June 11 , 1992
RECOMMENDATION:
( 1 ) Waive further reading and adopt Resolution No. 9 2-5 3 ordering the
formation of the subject district and confirming the diagram and report.
(2) By minute motion approve the engineer's report, as filed, for the levy of FY
1992-93 assessments.
(3) Waive further reading and adopt Resolution No. 9 2-54 declaring the
intent to levy and collect assessments for FY 1992-93 and setting the public
hearing.
BACKGROUND:
The developers of Tract 25304, Waring Court, were coditioned to establish a
maintenance district. The district engineering has been completed and the report
and diagram were initially approved by the Council at the May 28, 1992, meeting
and a resolution of intention to form the district was adopted. Public Works
staff recommends thesolution to form the district be adopted.
An additional engineer' s report has been prepared for fiscal year 1992-93
assessments. The first years estimate of cost is $382.88 per parcel , and any
surplus or deicit will be reflected in the following years assessment. Public
Works staff recommends the City Council adopt the resolution approving the
engineer's report and setting the public hearing for the levy of assessments.
/4-0-4-ta 7(7--6/4-1'
RICHAR J. FOLKE , P.E. REVIEW & CONCUR
CITY MANAGER
REVIEW & CONCUR
DIRECTOR OF FINANCE
RJF:TB/rh
RESOLUTION NO. 92-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, ORDERING THE FORMATION OF A LANDSCAPING AND
LIGHTING DISTRICT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT
OF 1972 AND CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT
FOR ASSESSMENT DISTRICT 92-7 (WARING COURT).
WHEREAS, the City Council of the City of Palm Desert, California, has
heretofore declared its intention, by Resolution No. 92-48 , to create a
landscaping and lighting district in a portion of said City; and
WHEREAS, the City Engineer has filed a report to the City Council of
the City of Palm Desert and said report was approved by the City Council ; and
WHEREAS, a Public Hearing as required by Section 22590 of the streets
and Highways Code was held on this date, June 11 , 1992.
NOW, THEREFORE, BE IT RESOLVED by the City Council and City of Palm
Desert, California, as follows:
( I ) Written and oral protests against the formation or extent of the
district or the work to be performed are hereby determined to be
less than fifty percent ( 50%) and all protests are hereby
overruled.
(2) That said improvements to be part of said district as described as
follows:
Maintenance of landscaped parkway area adjacent to Tract 25304
along the eastside Phyllis Jackson Lane and northside of Fred
Waring Drive including all landscape materials and irrigation
system.
(3) The diagram and assessments, as originally proposed and as on file
with the City Clerk, are hereby confirmed.
The first levy of assessments shall be for the fiscal year
1992-93.
(4) That the City Council does hereby order the formation of a
landscaping and lighting district pursuant to Part 2 of Division
15 of the California Streets and Highways Code, within the City of
Palm Desert, which is located within the boundaries reflected on
the assessment diagram approved by the City Council on
May 28, 1992.
Resolution No. 92-53
-2-
PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm
Desert. California. on the day of , 1992, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHARD S. KELLY, MAYOR
CITY OF PALM DESERT, CALIFORNIA
ATTEST:
SHEILA R. GILLIGAN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
RESOLUTION NO. 92-54
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, DECLARING ITS INTENT TO LEVY AND
COLLECT ASSESSMENTS WITHIN LANDSCAPING b LIGHTING ASSESSMENT
DISTRICT NO. 7 IN FISCAL YEAR 1992-93.
WHEREAS, pursuant to Section 22620 of the streets and Highways Code it
is the intent of the City Council of the City of Palm Desert, California, to
establish the annual assessments for landscaping and lighting assessment
districts.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, as follows:
( 1 ) That said City Council hereby declares its intent to levy and
collect assessments within the assessment district for fiscal year
1992-93.
(2) That said existing improvements are a part of said assessment
district and are described as follows:
Landscaping, consisting of trees, shrubs, and ground covering
plant material , other plantings and irrigation system. Street
lighting, consisting of standards 4221731E, 4221732E and 422173E.
(3) That the existing assessment district is designated as Landscaping
and Lighting Assessment District No. 7 and is generally located
with boundaries as follows:
Within the area covered by Tract 25304 recorded in Map Book 217,
Pages 1 and 2; Records of Riverside County, California.
(4) An Engineer's Report showing improvements and work to be performed
and the easement for each parcel is on file in the City Clerk's
office and reference to such report is made for further details.
(5) That said City Council does hereby give notice that on Thursday,
July 9, 1992, at 7:00 p.m., at the regular session of the City
Council of the City of Palm Desert, a hearing will be held on the
levy of assessments for fiscal year 1992-93. Said Clerk of the
City of Palm Desert is hereby ordered to give notice of said
hearing in accordance with Section 22626 of the streets and
Highways Code.
Page 2 •
City Council 8 City Manager
PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm
Desert, California, on this day of 1992, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHARD S. KELLY, MAYOR
CITY OF PALM DESERT, CALIFORNIA
ATTEST:
SHEILA R. GILLIGAN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
CITY OF PALM DESERT
ENGINEER'S REPORT
FOR THE LEVY' OF 1992-93 FISCAL YEAR ANNUAL ASSESSMENTS
LANDSCAPING AND LIGHTING DISTRICT NO. 7
SECTION I . BACKGROUND
This report is prepared for the City Council of the City of Palm Desert to be
approved prior to the levy of annual assessments under the Landscaping an
Lighting Act of 1972. The report is in compliance with the requirements of
Article 4. Chapter 1 , Division 15 of the Streets and Highways Code, State of
California.
Before the recommended assessments can be confirmed by the City Council a public
hearing must be held to allow public comments on the proposed assessments. The
date for the hearing will be set by resolution of the City Council at which time
the contents of this report will be discussed and approved.
SECTION 2. PLANS AND SPECIFICATIONS
The improvements to the district consist of landscaped parkway fronting Tract No.
25304 along Phyllis Jackson Lane and Fred Waring Drive.
The landscaping consists of trees, shrubs, and ground covering plant material .
other plantings and irrigation system.
Page 2 •
Landscape 8 Lighting No. ,7'
SECTION 3. ESTIMATED COSTS.
All street lighting and landscaping improvements currently exist within the
boundaries of the district. The costs for FY 1992-93 will be for the maintenance
of the existing improvements.
Estimated Cost FY 1992-93. Tract No. 24287.
Maintenance and Operation
Maintenance of Landscaping $3600.00
Repairs 1000.00 •
Water 1000.00
Electric 150.00
Total Maintenance and Operation $5,750.00
Incidental Expenses
County Assessment Processing $ 50.00
Assessment Roll Preparation 22.00
Administration 154.00
Total Incidental Expenses $ 226.00
Fund (Surplus) or Deficit 0
Grand Total Costs FY 1992-93 $ 6126.00
First years assessment.
SECTION 4. ASSESSMENTS
Each parcel within this district receives the same benefit from the improvements
described in Section 2. Therefore, each parcel is assessed equally for said
benefit. The distribution of costs among the 16 parcels will be an assessment
of $382.88. per parcel .
Page 3
Landscape & Lighting No. 7
SECTION 5. ASSESSMENT DIAGRAM
A diagram for the Assessment District has been submitted to the City Clerk in the
format required and is available for inspection at normal office hours. The
lines and dimensions of each lot or parcel within the district are those lines
and dimensions shown on the maps at the Assessor of Riverside County, California
for the year in which this report was prepared and are incorporated by reference
herein and made part of this report.
SECTION 6. PROPERTY OWNERS LIST
The property owners list with the names and addresses of each property owner of
each lot or parcel as shown on the assessment diagram in Section 5 herein is the
list of property owners shown on the last equalized tax roll of the Assessor of
Riverside County, California and is by reference made part of this report.
SECTION 7. ASSESSMENT ROLL
The total district assessment for FY 1992-93 will be $6126.08. The official
assessment roll is submitted as a separate document entitled "Assessment Roll for
Landscaping and Lighting District No. 7.
Date: t. Z- / Y 9 1-
J
RICH RD J. FOL , P.E.
ENGINEER OF WO
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment
and Assessment Diagram thereto attached, was filed with me on the day
of , 19
I HEREBY CERTIFY that the enclosed Engineer' s Report, together with the
Assessment and Assessment Diagram thereto attached, was approved by the City
Council of the City of Palm Desert, California, on the day of
19
SHEILA GILLIGAN. CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
CITY OF PALM DESERT
ASSESSMENT ROLL
FOR LANDSCAPING LIGHTING DISTRICT
NO. 7
(HARING COURT)
EXHIBIT "A" Asmt. #7 pg. 1 /1
,
RESOLUTION NO.
RIVERSIDE COUNTY
Fixed Charge Reporting Form
District
District Name City of Palm Desert Representative: Richard J. Folkers
Phone No. (619) 776-6450
ASMT NBR FND NBR AMT ASMT NBR FND NBR AMT
C.C. 7-16 C.C. 18-23 C.C. 26-32 C.C. 7-16 C.C. 18-23 C.C. 26-32
624-340-001 382.88 624-340-002 382.88
624-340-003 382.88 624-340-004 382.88
624-340-005 382.88 624-340-006 382.88
624-340-007 382.88 624-340-008 382.88
624-340-009 382.88 624-340-010 382.88
624-340-011 382.88 624-340-012 382.88
624-340-013 382.88 624-340-014 382.88
624-340-015 382.88 624-340-016 382.88
ASSESSMENT DIAGRAM
A.D. #7
CITY OF PALM DESERT -
RIVERSIDE COUNTY, CALIFORNIA
i •
. ASSESSMENT DISTRICT 92-7
PURSUANT. TO DI V I S I ON 15 PART 2 OF THE STREETS 81 HIGHWAYS CODE
' LANDSCAPING AND LIGHTING ACT OF 1972
WARING COURT
PILED IN INE OOFFIAT CE OF THE CIIT CLERK
THIS__--
.
CITY CLERK
RECORDED IN THE OFFICE OF THE SUPERINTENDENT
OF STREETS INIS DAT OF , Is____,
---bUf[RINTfNOENT OF SIREETS
•
AN ASSESSMENT WAS LEVIED NT THE CITY COUNCIL .
ON THE LOTS. PIECES AND PARCELS OF LAND SHOWN
ON IRIS ASSESSMENT DIAGRAM. SA10 ASSESSMENT
WAS LEVIED ON THE_DAT OF 18_ N
SAID ASSESSMENT DIAGRAM AND THE ASSESSMENI ROLL a
WERE RECORDED IN IHE OFFICE OF (ME SUPERINTEKDENI PROJECT
OF STREETS OF SAID CITY ON THE_DAT OF g jj� S/TE
IS REFERENCE IS MADE TO THE ASSESSMENT ROLL a
RECORDED IN THE OFFICE OF INE SUPERINTENDENT OF FRED WARING CRIME
STREETS FOR THE EXACT AMOUNT OF EACH PARCEL OF
• LAND SHOWN ON THIS ASSESSMENI DIAGRAM.
CITY CLERK a J
Wyy
O STATE HIGHWAY III
FILED THIS OAT OF , 16
— AT THE HOUR OF O'CLOCK_.M., IN
000K Of MAPS OF ASSESSMENT DISTRICTS.
PAGES_
IN THE OFFICE OF THE VICINITY MAP
COUNIT RECORDER OF THE COUNTY OF RIVERSIDE.
-- STATE OF CALIFORNIA. - Ms SmU
FEE.
— WILLIAM E. CONERLT
COUNTY RECORDER OF RIVERSIDE COUNIT
NT. DEPUTY
°A wu. NT IN 83 00 63.00 63.00 63.00' $3 CO' 63 00 p.16' l.uw
• W
Z
J 36 8—
t • IB ID 14 13 12 •e I I - 10 • 624•340-009 -
n i2,-3,P016 624-340-OI6 ^ BN-NO-0N n c2V-310-00 p 624-340-012 _ 624-340-011 NN i - O.OIO ISn224 n
0.214. '2022Ac. = 022AC 0.22Ac. �S_ 0224. - 1122Ac _ O.20Ac. IE
T�
\ 20,1
2 'e
' 2�I
Z 6I IS 63 00. 83.CO'' c3.CO' 83.00' TOM'
X C & WARING COURT 4032'
a
-, 61.16 63.00' 02.00' 63 00' 8300' Tux'
/I0 ..1
1~ ' ,.
I 2 _ 3 4 6 6 1
36' 624.340-01 . 024.740002 n 62,-340.003 a sx,-34o-004 -A 624.340.006 x a2rs,o-034 624-340(01 124.34i0-oa -
U) A. 021Ac a 022Ac 2' 022Ac ^ 22 n4 .2022Ac. ' a a_ ox2A oxoAc 022A4.
-- J
_ \(*94
a TI18' 6]00' 6704 63 00' 63 00' 63_OD Woo' 6316' --
_ I' 63
_... .-1
FRED WARING DRIVE L
LEGENO_
I_.._...-...........LOT...au
a0A•SI0•001_. .._ •uuwlli rAAc[L woman
OSIY_ - .--.•IAAC[L ACA[A0[
I13)a�" """-'LOT OIY[A110N
TYPICAL PRAC[L
,..• ••• • .._.PALO O[S[AT CITT LAIRS
-.....ASSCIAN[NT 013TAIGT S0WN0AA,
......-.IT11QT•ITIPA ASI[SSAMIT DISTRICT
-..-....6TTQY OYTSICN O SSNOIT PM PICT
M,B.217/1-2 --S o'i UQO A6`N71111 AP
PRUBREO if
K I CAK 8 ASSOC I AYES CITY OF PALM DESERT ASSESSMENT DIAGRAM SHEET
CIVIL ENGINEERS ASSESSMENT DISTRICT 92-7 1
41-553-COOK STREET, SUITE 220 LANDSCAPING AND LIGHTING ACT OF 1972 of
-. PAW DESERT,CALIFORNIA 92260 18191 341-9344 COUNTY OF RIVERSIDE, STATE OF CALIFORNIA .�.-
PArF 15
KEN-MOR ENTERPRISES
• A REAL ESTATE DEVELOPMENT COPF
73-489 Mariposa Dr.
Palm Desert Ca. 92260
Phone ( 619 ) 568-0850
Fax ( 619 ) 340-0466
co w
11.7
.—i "--
Z
LJ
c N
w x
C.) T
Ma" 30, 1992
Mrs . Shelia Gilligan
City Clerk
Palm Desert City Hall
73-510 Fred Waring Drive
Palm Desert, Ca. 92260-2578
RE: Proposed Landscaping Maintenance District No. 92-7
Dear Mrs . Gilligan,
Ken-Mor Enterprises Inc. presently owns eight of the
sixteen lots within the Waring Court project . This letter is
to inform you that we are in favor of the formation of the
proposed landscaping district .
We would have attended the public hearing but will be
out of the area at that time. We will greatly appreciate your
conveying our position to the City Council .
M T nk
Morton ruh, President