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HomeMy WebLinkAboutCC RES 06-086RESOLUTION NO. 06-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT ORDERING MODIFICATIONS TO THE ENGINEER'S REPORT IN CONNECTION WITH HIGHLANDS UTILITY UNDERGROUNDING ASSESSMENT DISTRICT NO. 04-01, APPROVING SUCH ENGINEER'S REPORT AS SO MODIFIED, CONFIRMING THE ASSESSMENTS IN CONNECTION WITH SUCH ASSESSMENT DISTRICT, ORDERING IMPROVEMENTS TO BE MADE AND DESIGNATING SUCH ASSESSMENT DISTRICT A UTILITY UNDERGROUNDING DISTRICT PURSUANT TO CHAPTER 12.12 OF THE PALM DESERT MUNICIPAL CODE RECITALS: WHEREAS, on May 14, 2004, the City Council adopted its Resolution No. 04-56, initiating proceedings, pursuant to Chapter 12.12 of the Palm Desert Municipal Code (the "Municipal Code") and the Municipal Improvement Act of 1913 (Division 12 of the California Streets and Highways Code, commencing with Section 10000) (the "1913 Act") for the conversion to underground service of overhead electric and communication facilities in the Palm Desert Highlands area; and WHEREAS, on April 13, 2006, the City Council adopted its Resolution No. 06-49 (the "Resolution of Intention"), declaring its intention to order improvements (the "Improvements") in connection with the proposed Highlands Utility Undergrounding Assessment District No. 04-01 (the "Assessment District") pursuant to the provisions of the 1913 Act and as provided in Article XIIID of the California Constitution; and WHEREAS, the Resolution of Intention ordered MuniFinancial, as assessment engineer, (the "Assessment Engineer") to make and file with the City Clerk a report in accordance with Article XIIID, Section 4 of the California Constitution and Section 10204 of the 1913 Act, to also contain all information required by Section 2961 of the California Streets and Highways Code and Section 12.12.030 of the Municipal Code; and WHEREAS, on April 13, 2006, the City Council adopted its Resolution No. 06-50 (the "Resolution"), preliminarily approving the report (the "Engineer's Report") prepared by the Assessment Engineer, in connection with the Assessment District, on file in the Office of the City Clerk and available for public inspection; and WHEREAS, the Resolution set the time and place for a hearing on the proposed assessment described in the Report (the "Assessment") and on the matters set forth in Section 12.12.020 of the Municipal Code; and RESOLUTION NO. 06-86 WHEREAS, the Resolution directed the City Clerk to give notice in accordance with law of a public hearing on the 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; and WHEREAS, on June 8, 2006, following notice duly given in accordance with law, the City Council held a full and fair public hearing on the Assessment and regarding whether the public necessity, health, safety, or welfare require the removal of poles, overhead wires, and associated overhead structures within the Assessment District and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service (the "Hearing"); and WHEREAS, at the Hearing, (i) all interested persons were afforded the opportunity to hear and be heard regarding the proposed Assessment District, the Assessment, the matters set forth above, and all related matters, and (ii) the City Council heard and considered all oral and written protests to the Assessment; and WHEREAS, the Engineer's Report indicates (i) that certain of the Improvements proposed to be located on private property (service conversion work) will be ordered by the City Council only if a request for inclusion is properly filed with the City Clerk by the owner of such property and (ii) that an assessment will be levied to finance such improvements only to the extent that such Improvements are included; and WHEREAS, the Assessment Engineer has (i) prepared a list of the parcels for which requests have not been received (the "Exclusion List") and (ii) recommended that the work located on these parcels be removed from the Proposed Improvements, and WHEREAS, an impartial person appointed by the City Council tabulated assessment ballots returned in connection with the Assessment; and WHEREAS, the City Council, having considered all oral and written protests, hereby finds that a majority protest with respect to the Assessment does not exist as defined in Section 4(e) of Article XIIID of the California Constitution; and WHEREAS, the City Council desires to proceed with the establishment of the Assessment District and the levy of the Assessment. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT AS FOLLOWS: Section 1. The above recitals are all true and correct. P6401-10341859551 v2.doc RESOLUTION NO. 06-86 Section 2. The City Council orders that the Engineer's Report be modified to reflect the elimination of the "Homeowner Facilities" associated with parcels included on the Exclusion List and finds that such elimination will not increase the amount of any assessment and is consistent with the assessment methodology set forth in the Engineer's Report. Section 3. The City Council declares that the Engineer's Report, as modified, is hereby finally approved. Section 4. Based upon its review of the Engineer's Report 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 benefited by the improvements described in the Engineer's Report as modified, (ii) the Assessment District includes all of the lands so benefited, (iii) the assessment of the total amount of the cost and expenses of such improvements upon the several subdivisions of land in the Assessment District is in proportion to the estimated special benefits to be received by such subdivisions, respectively, from such improvements; (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 and (v) the public necessity, health, safety, or welfare requires the removal of poles, overhead wires and associated overhead structures, within the Assessment District and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service. Section 5. 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. Section 6. The City Council hereby orders the proposed improvements set forth in the Engineer's Report, as modified, to be made. Section 7. The City Clerk is hereby directed to cause to be recorded in the office of the Superintendent of Streets a certified copy of the diagram and assessments provided for in subdivisions (d), (e) and (f) of Section 10204 of the 1913 Act. Section 8. 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 9. 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. P6401-10341859551v2.doc RESOLUTION NO. 06-86 Section 10. The Assessment District is declared an underground utility district pursuant to Section 12.12.040 of the Municipal Code. Consequently the City Council orders the removal of poles, overhead wires and associated overhead structures, within the Assessment District and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service. Each of the exceptions set forth in Section 12.12.080 of the Municipal Code is hereby authorized with respect to the Assessment District. Section 11. The City Council determines that the improvements ordered pursuant to Section 6 of this Resolution constitute the 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. Therefore such improvements are categorically exempt from the requirements of the California Environmental Quality Act pursuant to Sections 15300 and 15302 of Title 14 of the California Code of Regulations. Section 12. The City Council hereby authorizes the City Manager, 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 Manager to approve any increase in the amount of any of the individual assessments without the consent of the affected property owner. By this section, the City Manager is specifically authorized to make changes to the improvements and the assessments to reflect the requirements of Section 5896.14 of the Code, which provides that the conversion of the electric and communication facilities located on any lot or parcel of land in the Assessment District may be done by the City, and the cost thereof included in the assessment, only if the property owner of such lot or parcel files a request with the City Clerk pursuant to Section 5896.15 of the Code. P6401-1034\859551v2.doc RESOLUTION NO. 06-86 STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss. CITY OF PALM DESERT I, Rachelle D. Klassen, City Clerk of the City of Palm Desert, County of Riverside, State of California do hereby certify that the foregoing Resolution No. 06-86 was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of said council held on the _8th_ day of _June_, 2006 by the following vote: PASSED, APPROVED, AND ADOPTED this 8th day of June 2006, by the following vote to wit: AYES: BENSON, CRITES, KELLY, and FERGUSON NOES: NONE ABSENT: SPIEGEL ABSTAIN: NONE ATTEST: FA-N CH LLE Ii. LASS , CITY CLERK) CITY OF PALM DESERT, CALIFORNIA P6401-1034\859551 v2.doc