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HomeMy WebLinkAboutCC RES 07-04BRESOLUTION NO. 07-4B A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT APPROVING THE ENGINEER'S REPORT IN CONNECTION WITH CITY OF PALM DESERT SECTION 29 ASSESSMENT DISTRICT (NO. 2004-02), CONFIRMING THE ASSESSMENTS IN CONNECTION WITH SUCH DISTRICT, ORDERING PROPOSED ACQUISITIONS AND IMPROVEMENTS TO BE MADE, APPROVING AS TO FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN AGREEMENTS AND TAKING CERTAIN OTHER ACTIONS 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 No. 06-151 (the "Resolution of Intention"), declared its intention to order acquisitions and improvements for proposed City of Palm Desert Section 29 Assessment District (No. 2004-02) (the "Assessment District") pursuant to the provisions of the Municipal Improvement Act of 1913 (California Streets and Highways Code Section 10000, et seq.) (the "1913 Act") and as provided in Article XIIID of the California Constitution and to comply with the requirements of Division 4 of the California Streets and Highways Code by proceeding under Part 7.5 thereof, and ordered the Assessment Engineer, Wildan and MuniFinancial ( the "Assessment Engineer"), to prepare and file a report with the City Clerk in accordance with Section 10204 of the 1913 Act and Section 4 of Article XIIID of the California Constitution and containing the information required by Section 2961 of the California Streets and Highways Code. Section 2. The City Council, by its Resolution No. 06-152, preliminarily approved a report entitled "City of Palm Desert Preliminary Engineer's Report, Section 29 Assessment District, No. 2004-02" (the "Engineer's Report"), prepared by the Assessment Engineer in connection with the Assessment District, which Engineer's Report is on file in the office of the City Clerk and available for public inspection. Section 3. 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 assessments, and the proposed acquisitions and improvements in connection with the Assessment District and regarding protests and objections thereto. Section 4. All interested persons were afforded the opportunity to hear and be heard regarding protests and objections to the formation of the Assessment District and the levy and collection of the proposed assessments and all related matters. The City Council considered all oral and written protests. The City Clerk, together with such assistants as she deemed necessary, tabulated all properly completed and returned assessment ballots submitted and not withdrawn. The City Council hereby finds and determines that a majority protest does not exist as defined in Section 4(e) of Article P6401-1033\937807v2.doc RESOLUTION NO.07-4B XIIID of the California Constitution. All protests and objections are hereby overruled by the City Council. Section 5. 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 acquisitions and improvements described in the Engineer's Report and the public interest, convenience, and necessity require that the acquisitions and improvements be made, (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 acquisitions and 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 acquisitions and 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 acquisitions and 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. The City Council hereby determines that the amount of the annual assessment to pay for administrative costs shall be $50.00 per parcel of land in the Assessment District for which there are unpaid assessments. Section 7. The City Council hereby orders the proposed acquisitions and improvements set forth in the Engineer's Report to be made. The district benefitted by the acquisitions and improvements and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are as shown by a map thereof filed in the office of the City Clerk and incorporated herein by reference Section 8. The City Council declares that the Engineer's Report as a whole and each part thereof, is hereby finally approved and confirmed. Section 9. 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 10. 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 11. 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. Section 12. The City Council hereby authorizes the City Manager and the Director of Finance, at any time prior to the completion of the improvement proceedings, 2 P6401-1033\937807v2.doc RESOLUTION NO. 07-4B to make changes in connection with the Assessment District, including but not limited to approving changes to the Engineer's Report (including, but not limited to, cost estimates and line items therein), the acquisitions and improvements ordered herein, and the assessments (including the amount of any of the individual assessments) confirmed hereby, provided this Resolution shall not be deemed to authorize the City Manager or Director of Finance to approve any increase in the amount of any of the individual assessments. Section 13. The form of the School District Funding Agreement by and between the City and the Palm Springs Unified School District presented at this meeting and on file in the office of the City Clerk, is hereby approved. Each of the Authorized Officers, acting singly, is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver the School District Funding Agreement in substantially the form on file with the City Clerk and presented at this meeting, with such additions thereto or changes or insertions therein as the Authorized Officer executing the same may approve (such approval to be conclusively evidenced by such Authorized Officer's execution and delivery). Section 14 The form of the Joint Facilities Agreement by and among the City, the Coachella Valley Water District and Summit Monterey Properties, LLC, A California Limited Liability Company, presented at this meeting and on file in the office of the City Clerk, is hereby approved. Each of the Authorized Officers, acting singly, is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver the Acquisition Agreement in substantially the form on file with the City Clerk and presented at this meeting, with such additions thereto or changes or insertions therein as the Authorized Officer executing the same may approve (such approval to be conclusively evidenced by such Authorized Officer's execution and delivery). Section 15 The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things, to execute and deliver any and all documents which they may deed necessary or advisable in order to effectuate the purposes of the this Resolution and the agreements referenced herein, and any actions previously taken by such officers are hereby ratified and confirmed. 3 P6401-1033\937807v2.doc RESOLUTION NO. 07-4B PASSED, APPROVED, AND ADOPTED THIS 25th DAY OF JANUARY 2007. 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. 07-4B was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of said council held on the 25th day of January 2007 by the following vote, to wit: AYES: BENSON, FERGUSON, FINERTY, SPIEGEL, and KELLY NOES: NONE ABSENT: NONE ABSTAINED: NONE ATTEST: sic CHELLE D. KLASSN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA HARD S. KELJX MAYOR 4 P6401-1033\937807v2.doc