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Home My WebLink AboutCC RES 98-099�..._ RESOLUTION NO. 98-99 �..,, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT ORDERING MODIFICATIONS TO THE ENGINEER'S REPORT, APPROVING THE ENGINEER'S REPORT AS SO MODIFIED, CONFIRMING THE ASSESSMENTS AND ORDERING PROPOSED IMPROVEMENTS TO BE MADE IN CONNECTION WITH ASSESSMENT DISTRICT NO. 98-1 (THE CANYONS AT BIGHORN) THE CITY COUNCIL OF THE CITY OF PALM DESERT HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section l. The City Council, by its Resolution No. 98- 82 (the "Resolution of Intention"), declared its intention to order the improvements for proposed Assessment District No. 98-1 (The Canyons at Bighorn) (the "Assessment District") pursuant to the provisions of the Municipal Improvement Act of 1913 (California Streets and Highways Code Section 10000, � sea.) (the "1913 Act") and as provided in Article XIIID of the California Constitution, and ordered the Assessment Engineer, MBIA MuniFinancial, to prepare and file a report (the "Engineer's „� Report") with the City Clerk in accordance with Section 10204 of the 1913 Act and Section 4 of Article XIIID of the California Constitution. r... Section 2. The City Council, by its Resolution No. 98- 83, preliminarily approved the Engineer's Report entitled "Preliminary Engineer's Report, Assessment District No. 98-1 (The Canyons at Bighorn), City of Palm Desert," which Engineer's Report is on file in the office of the City Clerk. Section 3. On August 27, 1998, following notice duly given in accordance with law, the City Council held a full and fair public hearing on the Resolution of Intention and the Engineer's Report and regarding protests and objections thereto and to the proposed improvements in connection with the Assessment District. At such public hearing, the Engineer presented to the City Council certain proposed modifications to the Engineer's Report. Such modifications result in no increase in the total amount of the assessment and no increase in the amount of the assessment against any individual parcel within the Assessment District. The City Council hereby orders such modifications to the Engineer's Report to be made and the Engineer's Report is hereby approved as so modified. A copy of the Engineer's Report, as modified, shall be on file in the �._. office of the City Clerk and open for public inspection. Section 4. All interested persons were afforded the opportunity to hear and be heard regarding protests and 9EOE78 P6402-�^,1G?S sy� :6�33%: 2 RESOLUTION NO. 98-99 objections to the formation of the Assessment District and the levy and collection of the proposed assessments. The City Council considered all oral and written protests and tabulated all returned ballots. The City Council hereby finds that a majority protest does not exist as defined in Section 4(e) of Article XIIID of the California Constitution. All protests and objections to the formation of the Assessment District and the levy and collection of the proposed assessments are hereby overruled by the City Council. Section 5. Based upon its review of the Engineer's Report, as modified, and other reports and information presented to it, the City Council hereby finds and determines that (i) the lands within the Assessment District will be specially benefitted by the improvements described in the Engineer's Report, as modified, (ii) the Assessment District includes all of the lands so benefitted, (iii) the assessment of the total amount of the cost and expenses of such improvements upon the several subdivi- sions of land in the Assessment District is in proportion to the estimated special benefits to be received by such subdivisions, respectively, from such improvements and (iv) only special benefits are assessed and no assessment is imposed on any subdivision of land which exceeds the reasonable cost of the proportional special benefit conferred on that subdivision. � Section 6. The proposed assessment for the cost of the � improvements provided for in subdivisions (d) and (e) of Section 10204 of the 1913 Act, and the maximum annual assessment provided for in subdivision (f) of that section are hereby confirmed as set forth in the Engineer's Report, as modified. The City Council hereby determines that the amount of the annual assessment to pay for administrative costs shall be $100 per parcel, commencing in fiscal year 1999-2000, to be assessed against the parcels of land in the Assessment District for which there are unpaid assessments. �ection 7. The City Council hereby finds, based upon the record before it, including the initial study to determine whether a subsequent or supplemental environmental impact report (EIR) should be prepared, that all potentially significant effects on the environment have been analyzed adequately in an earlier EIR pursuant to applicable standards. The City Council hereby finds that no substantial changes are proposed in the improvements which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects, that no substantial changes have occurred with respect to the circumstances under which the improvements are to be undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in � � 99�8i8 PE402-01034 syc lE7'?3�: 2 — 2— �.... RESOLUTION NO. 98-99 the severity of previously identified environmental effects, and �, that no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, has been provided with respect to the improvements. Section 8. The City Council hereby orders the proposed improvements set forth in the Engineer's Report, as modified, to be made. Section 9. The City Council declares that the Engineer's Report, as modified, is hereby finally approved. Section 10. The City Clerk is hereby directed to cause to be recorded in the office of the Superintendent of Str�ets a certified copy of the diagram and assessments provided for in subdivisions (d), (e) and (f) of Section 10204 of the 1913 Act. Section 11. The City Clerk is hereby directed to cause to be recorded in the office of the County Recorder of the County of Riverside a notice of assessment in connection with the Assessment District as provided by Section 3114 of the California Streets and Highways Code and Section 10402.5 of the 1913 Act. ...�, Section 12. Following the recordation of such notice � of assessment, the City Clerk is hereby authorized and directed to provide notice of recordation of the assessment in accordance with Section 10404 of the 1913 Act. �ection 13. The City Council hereby authorizes the City Manager or City Treasurer, at any time prior to the completion of the improvement proceedings, to make changes in connection with the Assessment District, including but not limited to approving further changes to the Engineer's Report (including cost estimates and line items therein), the improvements ordered herein, and the assessments (including the amount of any of the individual assessments) confirmed hereby, provided this Section shall not be deemed to authorize the City � 98C918 P6;0,"-C:C3A syc lE�:±3': 2 — 3— RESOLUTION NO. 98-99 � Manager or City Treasurer to approve any increase in the amount of any of the individual assessments without the consent of the � affected property owner. PASSED, APPROVED and ADOPTED this 27th day of August, 1998. AYES: CRITES, KELLY, SPIEGEL, BENSON NOES: NONE ABSENT: FERGUSON ABSTAIN: NONE �� J M. BENSON, Mayor �T. /� /% Sheila R./Gilligar�,// City Clerk � s f � i� � 9909'_8 P6902-010?4 syc 1E733�1 2 — 4—