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HomeMy WebLinkAboutFY 1991-1992 Landscape and Lighting AD Tract 23982 Sonata 08-22-1991 INTEROFFICE MEMORANDUM CITY OF PALM DESERT TO: City Council & City Manager FROM: Richard J. Folkers, Assistant City Manager/Public Works Director SUBJECT: LANDSCAPE AND LIGHTING ASSESSMENT, FY 1991-92 FOR TRACT 23982-SONATAI DATE: August 22, 1991 RECOMMENDATION: By minute motion approve the following: 1 . Each property owner in Tract 23982 shall pay $250.00 for the subject landscape maintenance. 2. Payment shall be made in full upon invoice due September 30, 1991 , or two equal installments due September 30, 1991 , and November 30, 1991. 3. Any payments not collected in FY 1991-92 shall be added to the FY 1992-93 assessment. 4. Beginning FY 1992-93 the property owners shall be assessed for the full annual estimated costs. BACKGROUND: During the public hearings for the annexation and levy of assessments for the Landscape and Lighting District No. 6 (Monterey Meadows) for fiscal year 1991-92, concerns were raised by the property owners on Sonata Court (Tract 23982-Sonata) as to the assessment process and cost. By Council action, the subdivision was annexed into the district; a recommendation was made to direct staff to review the situation with the developer and residents; and a zero dollar assessment was made for fiscal year 1991-92. The City has tried to reach a solution with the property owners. the current situation with the property owners is that they are still trying to determine any responsibility or fault of the developer in the disclosure of their obligation to the maintenance district. Attached is a letter to the property owners from the developer stating their position. AMIMINIMMINV MEETING DATE 'QrCCi1TINUED TO 9 /a ) ) 1 0 PAGED)TO 2i1D READU1G Page 2 City Council Staff Report August 22, 1991 Presently, the City has assumed the maintenance responsibility for the parkway areas adjacent to the subdivision. Also attached is a letter that was sent to each of the 16 affected property owners that outlines a proposal to resolve the maintenance cost and payment issue. The proposal outlines a reimbursement plan for FY 1991-92 where the property owners pay $250.00 and the City and developer will each pay $95.00 against the estimated the $440.00 per parcel charge. The City will collect $250.00 from each property owner in two installments for the current year and assess the full required amount the following years. As of August 13, 1991 , one written negative response and one non-committing phone response have been received. At this point, it appears that no unanimous decision or solution can be reached by the individual property owners. Public Works staff recommends that the City Council approve the following proposal : 1 . Each property owner in Tract 23982 shall pay $250.00 for the landscape maintenance for FY 1991-92. 2. That the property owners have the option to pay in full upon invoice due September 30, 1991 , or two equal installments due September 30, 1991 , and November 30, 1991 . 3. Any payments not collected in FY 1991-92 shall be added to the FY 1992- 93 assessment. 4. Starting in FY 1992-93, the property owners shall be assessed for the full annual estimated costs. RICH RD J. FO RS, P.E. EVIEW & CONCUR CITY MANAGER RJF/TB:rhL/127-/-11.4414-\_, REVIEW & 4kWeiciRT23 FINANCE DIRECTOR i 4, rim:ER/F BaKCA o.D.Do•11.M. JUL 2 5 1991 PUBLIC WORKS DEPARTMt c,r? July 24 , 1991 CITY OF PALM DESERT Larry Schoncite 40-862 Sonata Court Palm Desert, CA 92260 RE: City of Palm Desert Maintenance District assessment - Sonata I Dear Larry: As we previously discussed, and as each Sonata I owner was made aware, the meeting tentatively scheduled for Thursday night July 18 , 1991 regarding the referenced issue was postponed. The meeting seemed, at best, premature since there appeared to be only a limited opportunity for any reasonable accommodation between the Sonata I homeowners and Barcon until it was clear how the City of Palm Desert intended to proceed. As the owners are aware from the meeting with the City and Dennis Freeman of Barcon on Tuesday July 9, Barcon's obligation at the project officially ends on July 31 , 1991 , which is more than one year after Barcon's maintenance obligation on the Sonata I exterior should have ended. As expressed in previous telephone conversations with Sonata I homeowners, and as Dennis Freeman expressed at the July 9 meeting, Barcon's position in this matter is that homeowners were informed of the maintenance district. Even if we agree to disagree with various homeowners as to question of whether information was provided verbally, the fa...t r mains that both the CCR's and the Preliminary Title Reports and Title Policies received by each and every Sonata I purchaser did, at the very least, put each respective purchaser on notice that a maintenance district was intended to be created, and therefore each owner had an obligation to inquire further regarding the issue. We do not make this statement in order to add fuel to the fire, but simply to provide reasonable perspective. Even if we concede, for this discussion, that Barcon could have done a better job of informing, that did not negate the need for purchasers to review and consider the written materials provided and referenced, nor does it mean that Barcon is somehow the responsible party. 41-625 Eclectic, Suite H-1, Palm Desert, CA 92260, (619) 773-9024. Fax (619) 773-9065 Larry Schoncite July 24 , 1991 Page 2 The bottom line is, as it has always been, the amount of the assessment and not the fact of the assessment per se. Everyone knows that government services are not done for free. As each owner is aware, or certainly should be aware, Barcon had no role nor any input in the formulas used by the City of Palm Desert for determining the assessment amount. As expressed in prior correspondence to the City, we too were surprised at the amount of the initial proposed assessment, and have encouraged the City to find a Slay ow In fact, you will z..3 r to lower the amount. �., �a..�,, be pleased to know that the total assessment amount has been reduced to an estimated $440 per annum per lot (with any unused funds credited in the following year) . In that regard, and after further discussions , we have reached an understanding with the City as to a proposal/offer to be made to each Sonata I owner. A letter detailing the proposal should be forthcoming to each owner from the City in about the next week. We look forward, along with the City, to your response. Finally, you may of course distribute this letter to all Sonata I owners. Very truly yours, BARC N DEVELOPMENT, a Ca ifornia Limited Partnership r Irwin L. G id general partner ILG/bw cc: Richard Folkers • Ztj ' ©MT CA Pa D eseT ° N���ea :a•,� 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE(619)346-0611 • July 24, 1991 Subject: LANDSCAPE AND LIGHTING ASSESSMENT 1991-92 - TRACT 23982 - SONATA Dear Property Owner: During the public hearings For the annexation and levy of assessments For the landscaping and lighting districts for fiscal year 1991-92, concerns were raised by the property owners on Sonata Court (Tract 23982 Sonata) , as to the process and cost of the estimated annual assessment of $626.62 per parcel . A recommendation was made to direct staff to review the situation with the residents and developer and the Council moved to levy a zero dollar assessment for Fiscal year 1991-92. The situation was reviewed with the City Attorney and qualified assessment engineer with the following conclusions: 1 . The assessment district that has been established for the maintenance of improvements that were made during the development of Tract 23982 is consistent with City policy and all required provisions of the Landscaping and Lighting Act of 1972 were followed. 2. The benefit and distribution of maintenance costs, for the installed improvements along Hovley Lane West and Portola Avenue adjacent to Tract 23982 (Sonata) to those property owners, is justified. City staff met with all the property owners and Barcon Development on Tuesday, July 9, 1991 . The meeting was intended to find an agreeable solution to the maintenance responsibility, cost and payment. City staff was notified that a second meeting set for July 18, 1991 , was cancelled. In order to facilitate a solution the following proposal is offered: 1 . The annual budget for maintenance, operations and administration has been adjusted down to $7,040.00. Fortunately, a lower than anticipated landscape maintenance bid has been accepted, allowing a cost savings to be passed on to the property owners now. 2. Based on the adjusted budget, the annual assessment would be $440.00 per parcel . For fiscal year 1991-92 we are requesting that each property owner pay $250.00 we will recommend that the balance of $190.00 be covered by the developer and City. (Page 1 of 2) Subject: LANDSCAPE AND LIGHTING ASSESSMENT 1991-92 TRACT 23982 - SONATA This amount was determined to be fair based on previous suggestions from the property owners and developer. If the Sonata and Sonata II developments were combined and averaged the cost would be $256.00 per parcel and if , all the subdivisions were averaged the cost would be $274.00 per parcel . As pointed out in the meeting of July 9th, this simple average does not properly distribute cost and benefit and cannot be applied. 3. Since no assessment was levied for the current fiscal year, the property owners will be invoiced by the City for the $250.00 in two installments of $125.00 on September 1 , 1991 , and March 1 , 1992. 4. During the first year, the City and developer will work to reduce maintenance and operational costs while maintaining an acceptable landscape theme. 5. Starting in fiscal year 1992-93 (July 1 , 1992) the property owners will be assessed for the full amount of the estimated operational and administrative costs. Any fund surplus will be carried over to the next year's budget. Please note your concurrence to the proposal on the second copy and return in the enclosed envelope. Thank you. Very truly yours, "Pri4e74/1.' HARD J. FOLKERS, P.E. ASSISTANT CITY MANAGER/PUBLIC WORKS DIRECTOR RJF:TB/lw cc: Bruce Altman, City Manager Dave Erwin, City Attorney Barcon Development Enclosures CONCURRENCE • (Page 2 of 2) CITY OF PALM DESERT