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Home My WebLink AboutRes 2010-80 - Sec 29 AD No. 2004-02 - Amnd Assessmnt CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: CONSIDERATION OF PROCEEDINGS TO APPORTION THE ASSESSMENT ON A PARCEL OF LAND IN THE SECTION 29 ASSESSMENT DISTRICT (NO. 2004-02) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works DATE: October 28, 2010 CONTENTS: Resolution Vicinity Map Recommendation Waive further reading and adopt Resolution No. 2010- 80 setting a public hearing to consider an amended assessment for a parcel of land in the Section 29 Assessment District (No. 2004-02), fix the amount of the fees and costs for such amendment, and appointing a time and place for a public hearing on such amendment. Executive Summary Approval of the attached Resolution is required for the City to initiate proceedings for the apportionment of the assessment on a parcel of land in the Section 29 Assessment District (No. 2004-02) due to subdivision of the parcel subsequent to formation of the district. Backqround Palm Desert's Section 29 Assessment District (No. 2004-02) (the "District") was formed on January 25, 2007, by the City Council's adoption of Resolution No. 07-4B under the Municipal Improvement Act of 1913 (California Streets and Highways Code Section 10000 et seq.) (the "1913 AcY'). On April 12, 2007, the City issued $29,430,000 in limited obligation bonds (the "Bonds") secured and repaid by assessments levied on properties located within the District. The Bonds were issued pursuant to the Improvement Bond Act of 1915 (California Streets and Highways Code Section 8500 et seq.) (the "1915 AcY'). On November 28, 2007, the final map for Tract No. 34179 ("Tract Map No. 34179") was recorded in the Official Records of the Riverside County Recorder in Book 427 of Maps at Pages 45-53, Document No. 2007-0716573, which reflects the subdivision, for condominium purposes, of one parcel (the "Original Parcel") in the District into 14 lots. Further, also on November 28, 2007, a condominium plan was recorded on the property within Tract No. 34179, as Document No. 2007-0716575, in the Official Records of the County Recorder (the "Condominium Plan"), to further subdivide the property within Tract No. 34179 into approximately 240 condominiums (including air space condominiums), as well as common area lots. Staff Report Adopt Resolution No. 2010-80 Setting a Pubiic Hearing to Consider Assessment on a Portion of Land in Section 29 AD 2004-02 October 28, 2010 Page 2 of 2 Subsequent to November 2007, the property within Tract Map No. 31179 was foreclosed on by the then owner's lender. After a couple of years of delay in the development, most of the property ultimately appears to have been purchased in late 2009 by affiliates of the current developer, Global Investment and Development Monterey LLC (together with its affiliates, "GID"). GID has transferred title to approximately 11 of the condominium units to individual property owners. With the transfer of a condominium unit to an end user, under California law the subdivision of the Original Parcel into separate lots is completed. However, the District assessment levied against the Original Parcel has never been formally apportioned among the subdivided lots or condominium units, pursuant to statutory apportionment procedures specified in the 1915 Act, at either the request of the original property owner or the City Council. To facilitate collection of the assessment installments for the 2010-11 tax year, Willdan Financial Services (formerly MuniFinancial), the Assessment Engineer with respect to the District apportioned the assessment and related annual installments for the Original Parcel among the approximately 260 parcels within Tract No. 34179, in accordance with the benefits to the several parts of the original parcel. Staff recommends that the City Council undertake proceedings to confirm and formally apportion the assessment pursuant to the 1915 Act. The attached resolution orders the preparation of a report on the apportionment, fixes the amount of the costs and fees for preparation of the documents in connection with the apportionment and sets the public hearing date on the report for Thursday, November 18, 2010. Fiscal Analysis No fiscal impact asso iated with this action. Depart a � � Mark Green od, P.E. Paul S. Gibson Director of Public Works Director of Finance CITY COUNCILA�t'ION Approval: APPR4VED � DENFE�` ,� \ RECEIVED OTHER a MEETI G DATE '�-� � ��' Jo . Wohlmuth, City Manager AYES: " �' � �"�'�� '�� `�� '�� '��r� NOES: � � ABSENT: �� ABSTAIN: VERIFIED BY: Original on File with City` lerk's Office RESOLUTION NO. 2010-$0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT ORDERING AN AMENDED ASSESSMENT FOR A PARCEL OF LAND IN THE CITY OF PALM DESERT SECTION 29 ASSESSMENT DISTRICT (NO. 2004-02), FIXING THE AMOUNT OF THE FEES AND COSTS FOR SUCH AMENDMENT, AND APPOINTING A TIME AND PLACE FOR A HEARING ON SUCH AMENDMENT RECITALS: WHEREAS, the City Council, by its Resolution No. 06-151 adopted on November 16, 2006, (i) 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 se�c..) (the "1913 Act") and as provided in Arkicle 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, (ii) ordered the assessment engineer 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 and containing the information required by Section 2961 of the California Streets and Highways Code, and (iii) provided for the issuance of improvement bonds, in one or more series in the manner provided in Division 10 of the California Streets and Highways Code, commencing with Section 8500 (the "1915 Act"); WHEREAS, the City Council, by its Resolution No. 06-152 adopted on November 16, 2006, preliminarily approved the Engineer's Report; WHEREAS, the City Council, by its Resolution No. 07-4B (the "Resolution of Formation") adopted on January 25, 2007, formed the Assessment District and finally approved the Engineer's Report; WHEREAS, on February 15, 2007, the City Clerk caused to be recorded an assessment diagram for the Assessment District in the Official Records of the County Recorder of the County of Riverside in Book 70 of Maps of Assessment and Community Facilities Districts at Pages 10-11 as Document No. 2007-0107967 and caused to be recorded a notice of assessment for the Assessment District in the Office of the County Recorder of the County of Riverside, as Document No. 2007-0107968; WHEREAS, as provided in the Resolution of Formation and the Engineer's Report, the City levied an assessment (the "Original Assessment") against a parcel identified as Assessor's Parcel No. 653-250-056 and assigned to such parcel Assessment ID Number 1 in the Engineer's Report (the "Original Parcel"); -1- WHEREAS, on April 12, 2007, the City Council issued its Section 29 Assessment District (No. 2004-02) Limited Obligation Improvement Bonds, Series 2007 in the original aggregate principal amount of$29,430,000, pursuant to the 1915 Act; WHEREAS, on November 28, 2007, the final map for Tract No. 34179 ("Tract Map No. 34179") was recorded in the Official Records of the County Recorder of the County of Riverside in Book 427 of Maps at Pages 45-53 as Document No. 2007- 0716573, which reflects the subdivision, for condominium purposes, of the Original Parcel and further, a condominium plan was recorded on November 28, 2007 as Document No. 2007-0716575 (the "Condominium Plan"), in the Official Records of the County Recorder of the County of Riverside to further subdivide the Original Parcel into condominiums and common area lots; WHEREAS, Part 10 of the 1915 Act, commencing with Section 8730, provides for the apportionment of an assessment if any lot or parcel of land, upon which there is an unpaid assessment against which a bond has been issued under the 1915 Act, is divided, including a division into condominium interests as defined in Section 783 of the California Civil Code, or the ownership or a portion of such lot or parcel of land is transferred to another party; and WHEREAS, due to the subdivision of the Original Parcel by Tract Map No. 34179 and the Condominium Plan, the City Council desires to apportion the Original Assessment pursuant to Part 10 of the 1915 Act; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: Section 1. Pursuant to Part 10 of the 1915 Act, the City Council hereby orders the Superintendent of Streets to cause to be prepared a report (the "Apportionment Report") for an amended assessment (the "Amended Assessment") in connection with the Original Parcel, segregating and apportioning the unpaid installments of the Original Assessment in accordance with the benefits to the several parts of the Original Parcel, plus costs and fees of making the apportionment and to file with the City Clerk the Apportionment Report, the Amended Assessment and a map or plat showing how the Original Parcel has been divided (the "Amended Assessment Diagram"), which shall substantially conform to the requirements and specifications provided for in Section 3114 of the California Streets and Highways Code. Section 2. The City Council hereby fixes the amount of costs and fees at $13,007.50 for preparing the Amended Assessment, the notices, and the Amended Assessment Diagram. Section 3. The City Council hereby orders the Superintendent of Streets to notify the owner of the Original Parcel, as the name of the owner appears on the last equalized roll for taxes, or as it is known to the Superintendent of Streets, of the City Council's order to fix the costs and fees of the apportionment, and directing that the -2- payment thereof be made to the Superintendent of Streets within 15 days of the notification. Section 4. The City Council hereby sets Thursday, November 18, 2010 at 4:00 p.m. in the Council Chambers, City Hall, 73-510 Fred Waring Drive, Palm Desert, California, as the time, date and place for a public hearing on the Report and the Amended Assessment described therein (the "Public Hearing"). All persons interested in the Original Assessment, or in the lands affected thereby, or in the bonds secured thereby, may at the Public Hearing, appear and protest against the Amended Assessment. At the Public Hearing the City Council shall hear and determine all objections to the division of the Original Assessment and shall confirm or modify the same. All determinations and decisions of the City Council shall be conclusive upon all persons entitled to object under Part 10 of the 1915 Act. Section 5. The City Clerk is hereby directed to set the Public Hearing in accordance with this Resolution and to give notice of the Public Hearing by twice publishing this Resolution in the Desert Sun as required by law. Section 6. 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 deem necessary or advisable in order to effectuate the purposes of this Resolution and the documents referenced herein, and any actions previously taken by such officers are hereby ratified and confirmed. PASSED, APPROVED, and ADOPTED this 28th day of October, 2010, by the following votes, to wit: AYES: NOES: ABSENT: ABSTAINED: CINDY FINERTY, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK �-3- i� � � �� . /�• � i� j � � � j� � N �, � � � /� i � � %� � Z / � %/• � i � . Q j � .. / � ��.., /� --3RPF31FtF-1f-�1@•.k21dd---•-�-••�� j � /: %� "„ � }. �, LL /, Q //, � Z % � / � �� Q,P % _ W �` �, O �•• ' � �.�'�'� m *.. � � N � � O ! � ,� � � i� � � �y � O i'�� a c�•, i/ � ''`�- � � � i� F Q : � � . ._ / �� .�� Z i/ �a �� Z � %� � V - i/ 4`�� ,,�., > � i t� � �� oo �� k � �' 87 o c� .� � ��,.� � �p E � M �+-� ��° '�, � � � � � ,� � � � Z � � � � � , v �� _ �� ; ; ; � � � � ` � � , � �""`"_ _.... .� .�..._~�---3klPk3A�Jl32F�-�hbOW_-...---�.-... � ��... � _....� � � . 4 ►� 4 �.� � O s N S � �'�. a� � w,,,,,,,,,,,�� ' � Aii� k � � li �i� i�� f�R '� � W:.:�.c w '�.