HomeMy WebLinkAbout7/20/2005 - STAFF REPORTS (35) U N
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1144 'NX\1 City Council Staff Report
CITY COUNCIL JULY 20, 2005
PUBLIC HEARING
SUBJECT: ANNEXATION NO. 1 TO PARKWAY MAINTENANCE DISTRICT
NO. 10, "MOUNTAIN GATE II"
FROM: David H. Ready, City Manager
BY: Public Works and Engineering Department
SUMMARY
This item will complete proceedings to annex the "Mountain Gate 11" development, being
constructed by Century Vintage Homes, to Parkway Maintenance District No. 10, which
was formed for the original "Mountain Gate" development previously constructed by
Century Vintage Homes.
RECOMMENDATION:
1. Following public testimony, if any, at the Public Hearing, direct the City Clerk to
open and tabulate all valid ballots received up to and during the Public Hearing
by the City Clerk related to Annexation No. 1 to Parkway Maintenance District
No. 10 ("Mountain Gate"), and to announce the results of the property owner
protest ballot proceeding.
2. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF THE
PROPERTY OWNER PROTEST BALLOT PROCEEDING ON THE PROPOSED
ASSESSMENTS RELATED TO THE ANNEXATION OF MOUNTAIN GATE 11
(TRACTS 32028-1 AND 32028) TO THE PALM SPRINGS PARKWAY
MAINTENANCE DISTRICT NO. 10 ("MOUNTAIN GATE") AND APPROVING
CERTAIN RELATED ACTIONS."
3. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
Item No. 1 . E .
City Council Staff Report
June 15, 2005— Page 2
Annexation No. 1 to Parkway Maintenance District No. 10
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE FINAL
ENGINEER'S ANNUAL LEVY REPORT REGARDING THE ANNEXATION OF
"MOUNTAIN GATE II" (TRACTS 32028-1 AND 32028) TO THE PALM SPRINGS
PARKWAY MAINTENANCE DISTRICT NO. 10 ("MOUNTAIN GATE"); AND THE
LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO
COMMENCING IN FISCAL YEAR 2005/2006."
3. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA ORDERING THE ANNEXATION OF
"MOUNTAIN GATE II" (TRACTS 32028-1 AND 32028) TO THE PALM SPRINGS
PARKWAY MAINTENANCE DISTRICT NO. 10 ("MOUNTAIN GATE"); AND THE
LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO
FOR FISCAL YEAR 2005/2006."
4. Authorize the City Clerk to file the confirmed Engineer's Report for Annexation
No. 1 to Parkway Maintenance District No. 10; and to file the associated levy of
assessments with the Riverside County Auditor.
STAFF ANALYSIS:
In accordance with a request by Century Vintage Homes to form a parkway
maintenance district in accordance with the "Landscaping and Lighting Act of 1972" of
the California Streets and Highways Code, on June 15, 2005, the Engineer,
MuniFinancial, filed the preliminary Engineer's Report with the City Clerk, which was
preliminarily approved by the City Council, and the City Council adopted Resolutions of
Intention to initiate proceedings for the annexation of"Mountain Gate l l" (Tracts 32028-1
and 32028) and to conduct a property owner protest ballot proceeding related to the
requested annexation (see June 15, 2005 staff report). This District would require that
the City provide maintenance of the exterior parkway landscaping adjacent to the
development, with costs offset by the annual levy of an additional assessment on
properties that benefit from the landscaping improvements located within the
development. Previously, City Council originally approved the formation of Parkway
Maintenance District No. 10 (PMD 10), "Mountain Gate" on July 30, 2003, (see
Attachment 1 for the original PMD 10 exhibit).
Following the City Council's actions on June 15, 2005, formal notices and ballots were
mailed to the landowners of record within Annexation No. 1, which were returned to the
City Clerk on or before the close of the Public Hearing scheduled for July 20, 2005, to
consider Annexation No. 1 to Parkway Maintenance District No. 10 ("Mountain Gate").
Upon the close of this Public Hearing, the City Clerk shall open, tabulate, and announce
the results of the property owner protest ballot proceeding. As the landowners of record
within Annexation No. 1 is Mountain Gate II Palm Springs Ventures, LLC, a subsidiary
of Century Vintage Homes, who has requested that this annexation occur, it is
anticipated that the annexation will be approved and confirmed upon tabulation of the
official ballots.
City Council Staff Report
June 15, 2005— Page 3
Annexation No. 1 to Parkway Maintenance District No. 10
Following confirmation of Annexation No. 1 to Parkway Maintenance District No. 10
("Mountain Gate") by the City Clerk, the Public Hearing may be closed, and the attached
Resolutions may be adopted, facilitating the requested annexation.
FISCAL IMPACT:
All costs to date associated with the "Mountain Gate II" annexation process, including
the services of MuniFinancial, have been paid for by Century Vintage Homes. Although
there are no direct costs to the City associated with Annexation No. 1 to Parkway
Maintenance District No. 10 ("Mountain Gate"), future costs will occur, but will be offset
by the annual levy of special assessments to the properties within the Mountain Gate II
development. No fiscal impact to the City's General Fund should occur as a result of
the annexation, provided future actual costs to operate, maintain and service the
parkway landscaping do not exceed the annual CPI inflationary adjustment to the
maximum assessment allowed by the Assessment Range Formula identified by the
E=ngineer's Report.
David J. Barakian David H. Ready
Director of Public Works/City Engineer City Manager
Attachments:
1. June 15, 2005 staff report
2. Engineer's Report
3. Resolutions (3)
No. 2750
RESOLUTION NO. 21313
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF,PALM SPRINGS CALIFORNIA,
DECLARING ITS INTENTION TO ANNEX TER-
RITORY IDENTIFIED AS "MOUNTAIN GATE IV
(TRACTS 32028-1 AND 320281 TO THE PARK-
1! WAY MAINTENANCE DISTRICT NO. 10
('MOUNTAIN GATE")•AND TO LEVY AND COL-
ECT ANNUAL ASSESSMENTS RELATEDCI ,i"
THERETO COMMENCING WITH FISCAL YEAR
2001 AND CALLING A PROPERTY OWNER
PROi PROCEEDING 2605
q6f1 JUL
ft Q L� C'} QUALIFIED PROPERTY OWNERS THEQUEST TO -
TION L'JS v,1'L31.. `� f "" "r' OF LEVYING SUCH ASSESSMENTS AND
ESTABLISHING AN ASSESSMENT RANGE
(fir T tit,y++ p, fr,i . �T FORMULA FOR SAID DISTRICT
PROOF OP tip#l��l":(XTIOl\ WHEREAS the City Council, pursuant to the pro-
%�) W:,. �� visions of the Landscapingg and Lighting Act of
1972 Part 2 of Division 15 of the Streets and
(2015.5.C.C.P) Hlghwayys Code of California, beginning with Sec-
tion 22500(hereafter referred to as the"Act"),and
by previous Resolution, has Initiated pioceedings
for the annexation of territory known as "Moun-
tain Gate II" (Tracts 32028-1 and 32026), (hereaf-
ter referred to as 'Annexation No. 1"), to the ex-
sting Parkway Maintenance District No. 10
`Mountain Gate" , (hereafter referred to as the
Distnct"), within t`ta City of Palm Springs; and to
levy and collect annual assessments to pay for
i the operation, maintenance and servlcmg of land-
' scape improvements and appurtenant facilities re-
STATE OF CALIFORNIA ated thereto; and,
Count of Riverside WHEREAS, the City Council desires to annex the
Y territory of [and designated as Annexation No 1
to the District, establishing Annexation No. 1 as a
separate benefit zone within the District; and to
levy and collect annual assessments against lots
and parcels of land within Annexation No Ito
Pay
the cost and expenses related to the im-
provements described in Section 3 of this Reselu-
on; and,
WHEREAS, the Engineer has prepared and filed
I am a citizen of the United States and a resident of with the City Clerk a Report in connection with
the annexation, and the levy of assessments
the County aforesaid;I am over the age of eighteen commencing with Fiscal Year 2005/2006 (July 1,
2005, and ending June 30, 2006) in accordance
years,and not a party to or Interested in the with Chapter 1, Article 4 of the Act; and the
above-entitled matter.I am the clerk of a Council did by previous Resolution preliminarily
principal approve such Report.
printer of the,DESERT SUN PUBLISHING THE CITY COUNCIL OF THE CITY OF PALM
COMPANY a newspaper of general circulation, SPRINGS DOES HEREBY RESOLVE AS FOL-
printed and published in the city of Palm Springs, LOWS:
Count of Riverside,and which newspaper has been Section 1.The City Council hereby declares its In-
Ytendon to annex to the District all parcels of land
adjudged a newspaper of general circulation by the within the residential subdivision known as
Mountain Gate II" (Tracts 32028-1 and 32028),
Superior Court of the County of Riverside,State of and to levy and collect annual assessments
agamst parcels of land therein commencing with
California under the date of March 24,1958.Case fiscal year 2005-06.
Number 191236;that the notice,of which the Section 2. The territory of land within Annexation
annexed is a printed copy(set in type not smaller No. 1 includes all lots and parcels within the resi-
dential development known as "Mountain Gate 11"
than non pariel,has been published in each regular (Tracts 32028-1 and 32028), identified q as Asses-
and entire issue of said newspaper and not in any celse IPthrougNumbers ok 669 Page 6 ,eParcelsI
supplement thereof on the following dates,to wit: through 50, and Book 669, Page 65, Parcels 1
PP g through 89, including all subsequent parcel
changes, lot line adjustments and subdivlsions re-
July 2 nted thereto.
ni1 2005
Section 3 The proposed improvements Include
andse
-------------------------------------------------------------- the operation, maintenance and servicing of land-
scape im�rovements and appurtenant,facilities to
be providetl by the City of Palm Springs in son-
--------------------------------------------------------------- nectIon with the parkway improvements installed
along State Highway 111 as part of revel In
All in the year 2005 the residential properties within Annexation No i
(Tracts 32028- and 32028).These landscape im-
1 certify(or declare)under penalty of perjury that the provements may include, but are net limited to
foregoing is true and correct. palm trees, turf areas with mowing strips,'desert
g g indigenous trees and ground cover, annual flow-
ers, a sprinkler irrigation and emitter drip system,
landscape drainage system, walkways and asso-
opp facilities located In the dedi-
D / 't Palm Springs,California this-----11 '----day the cated
landscaped
of state
crated appurtenant
rth
then landsca ed sate (street ng11 extending
on
Of--- Fl-1 andway 20 extending
the length of Tracts Anne 1 and 32028. Sp -
---JS ----------------,2005 call not included as Annexation No 1 improve-
ments/ - �y___________ Y
are.
_ __ __ _
/
—'�--�— ___ __ _____ ___ 2a. Landscaped areas located on private proper-
Signalun¢ 2b Landscaped areas located outside the bound-
y" A
arias of the annexation territory and District;
,,•� Improvements that are funded by other sourc-
es
available to the City including other assess-
ments; and
2d. Landscaped areas that are maintained and
funded by the Homeowner's Association including
the well site, open sppace and park areas within
Tracts 32028-1 and 32028.
Detailed maps and descriptions of the location
and extent of the propposed improvements to be
maintained are an flla in the Office of Public
Works and by reference are made part of this
Section 4.The proposed assessments for Annex.
O Then No. t are outlined In the Engineer's Report.
The Report details the assessments necessary to
provide fol'the annual operation, admmisiration,
services and malntananco-of the-imprcvements
described in Section 3 of this Resolution These
assessments include a Maximum Assessment
Rate,Assessment Range Formula and method of
apportionment that shall be submitted to the
Property owners of retard within Annexation No
1 for approval pw suani to the provisions of the
Califomla Constitution Article XIIID ((Proposition
218). The Engineer's Report also Identlfl as the
proposed assessment for the first fiscal year
(20 p5-06).
Section 5.The City Council hereby declares its in-
tention to conduct a Public Hearing'concerning
the annexation of territory to the District, and the
levy of assessments for the improvements in ac-
cordance with Chapter 2, Article 1, Section
22587, (a; of the Act Any interested person may
file a wri ten protest with the City Clerk prior to
the conclusion of the hearing, or having pievious-
Iy filed protest, may file a written withdrawal of
that protest. A written protest shall state all
grounds of objection and protest by a property
owner shall contain a description Sufficient to
dentrfy the property owned by such property
owner.At the public hearing, all interested per-
sons shall be afforded the opportunity to heat
and be heard
Section 6. Notice is hereby To
that a Public
Hearing an these matters will be held br the Qity
Council on Wednesday July 20,'2005, at 6:0y
p.m., or as soon thereafter as feasible in the Qty
Section 7. fire City Clerk shall cause notice to be
gqiven of the time and place of the Public Hearing
by causing the publishing of this Resolution once
in the local paper not less than ten (10) days be-
fore the date of the hearing and by posting a
copy of this Resolution on the official bulletin
board customarily used by the City Council for
the posting of such notices, pursuant to Chapter
3, Section 22626 of the Act.
Section 8.The City Council herby declares its in-
tention to conduct a public hearing regarding An-
nexation No. 1 to Parkway Maintenance District
No. 10, and calls for a property owner protest
balloting proceeding for the assessments related
thereto pursuant to the Act and the California
Constitution Article XIIID. The City Council finds
that the public's best interest requires such action
and levy of assessments.
Section 9. The property owner protest ballot pro-
avoiding conducted for Annexation No. 1 shall
constitute the property owners' approval or rejec-
tion of the annual leg, of assessments and as-
sessment range terrain a. A notice of the hearing
and ballot shall be distributed by first class mail
to the property owners of record within Annex-
ation No. 1 subject to an assessment,pursuant to
the California Constitution Article XIIID. Each
property owner (landowner) may return the ballot
y mail or m p�Jerson to the City Clerk no later
than the conclusion of public testimonyy at the
Public Hearing on Wednesday.July 20,12 05,Val-
id pproperty owner protest ballots must be com-
pleted anA received by the City Clerk prior to the
conclusion of the public testimony for tabulation
At the conclusion of public testimony the City
Clerk or their designee shall open all ballots re-
turned and tabulate the ballots pursuant to the
California Constitution Article XIIID Section 4,
Sub-Section 4 (a). The ballots shell be weighted,
accordingg to the proportional financial obligation
of the aifectetl properties to determine if majority
protest exists. Majority protest exists if the ballots
'submitted in opposition to the assessment ex-
ceed the ballots submitted In favor of the assess-
ment.
Section 10. The City Council hereby authorizes
and directs the.City Clerk or their designee to
prepare and mail notice of the Public Hearing;
and in the same or separate marling mail proper-
ty owner protest ballots to the subject property
owners of record regarding the proposed levy of
the assessments and the assessment range for-
mula pursuant to California Constitution Article
XIIID and as outlined In the Engineer's Report.
ADOPTED THIS 15th day of June, 2005.
David H. Ready, City Manager
ATTEST'
James Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA�)
COUNTY OF RIVERSIDE]) ca.
CITY OF PALM SPRINGS)
I, JAMES THOMPSON, City Clerk of the City of
Palm Springs, hereby certify that Resolution No.
21313 Is a full, true and correct copy, and was
duly adopted at a regular meeting of the Cityy
Council of the City of Palm Springs on June 15,
2005, by the following vote'
AYES. Members Feat, Pougnet and Mayor Pro
Tem McCulloch
NOES: None
0 � ASr '1T: Member Mills and Mayor Oden �
!� ASS N: None
lay' hom City Clerk Spring.,,
d
C 'Ire Springs, California
_ r is July 2, 2005 �((,I VL�
ATTACHMENT
JUNE 15, 2005, STAFF REPORT
c
A'C aa.rco` eP
City Council Staff Report
CITY COUNCIL JUNE 15, 2005
LEGISLATIVE ITEM
SUBJECT: ANNEXATION NO. 1 TO PARKWAY MAINTENANCE DISTRICT
NO. 10, "MOUNTAIN GATE ll"
FROM: David H. Ready, City Manager
BY: Public Works and Engineering Department
SUMMARY
This item will initiate proceedings to annex the "Mountain Gate ll" development, being
constructed by Century Vintage Homes, to Parkway Maintenance District No. 10, which
was formed for the original "Mountain Gate" development previously constructed by
Century Vintage Homes.
RECOMMENDATION:
1. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, INITIATING PROCEEDINGS FOR
THE ANNEXATION OF "MOUNTAIN GATE II" (TRACTS 32028-1 AND 32028)
TO THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 10
("MOUNTAIN GATE"); AND THE LEVY AND COLLECTION OF ANNUAL
ASSESSMENTS RELATED THERETO COMMENCING FISCAL YEAR
2005/2006."
2. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING AND
ADOPTING THE ENGINEER'S REPORT REGARDING THE ANNEXATION OF
"MOUNTAIN GATE II" (TRACTS 32028-1 AND 32028) TO PARKWAY
MAINTENANCE DISTRICT NO. 10 ("MOUNTAIN GATE"); AND THE LEVY AND
COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO
COMMENCING FISCAL YEAR 2005/2006."
r
City Council Staff Report
June 15, 2005—Page 2
Annexation No. 1 to Parkway Maintenance District No. 10
3. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO
ANNEX TERRITORY IDENTIFIED AS "MOUNTAIN GATE II" (TRACTS 32028-1
AND 32028) TO THE PARKWAY MAINTENANCE DISTRICT NO. 10
("MOUNTAIN GATE"); AND TO LEVY AND COLLECT ANNUAL
ASSESSMENTS RELATED THERETO COMMENCING WITH FISCAL YEAR
2005/2006; AND CALLING A PROPERTY OWNER PROTEST PROCEEDING
TO SUBMIT TO THE QUALIFIED PROPERTY OWNERS THE QUESTION OF
LEVYING SUCH ASSESSMENTS AND ESTABLISHING AN ASSESSMENT
RANGE FORMULA FOR SAID DISTRICT."
4. Authorize the City Clerk to file the preliminary Engineer's Report for Annexation
No. 1 to Parkway Maintenance District No. 10; and to schedule and publish
notice of a Public Hearing regarding the annual levy of assessments therefore,
for July 20, 2005.
STAFF ANALYSIS:
Century Vintage Homes submitted a new development application, Tentative Tract Map
32028, in 2004, representing the second phase of the "Mountain Gate" development
located at State Highway 111 and Gateway Drive. As part of the original Mountain Gate
development, Century Vintage Homes requested that the City form a parkway
maintenance district in accordance with the "Landscaping and Lighting Act of 1972" of
the California Streets and Highways Code. This District would require that the City
provide maintenance of the exterior parkway landscaping around the development, with
costs offset by the annual levy of an additional assessment on properties that benefit
from the landscaping improvements located within the development. Subsequently, on
July 30, 2003, the City Council adopted Resolution No. 20680, confirming the final
Engineer's Report for estimated costs related to and the formation of Parkway
Maintenance District No. 10 (PMD 10), "Mountain Gate" (see Attachment 1 for the
original PMD 10 exhibit).
As part of its subsequent development application for Mountain Gate II, Century Vintage
Homes requested that the additional parkway landscaping along State Highway 111 be
included in, or annexed to PMD 10 that was formed for the original Mountain Gate
development. Accordingly, City Council, as part of its conditional approval of Tentative
Tract Map 32028 on July 7, 2004, included provisions for the annexation of the
Mountain Gate II development to PMD 10 (see Attachment 2 for an exhibit of
Annexation No. 1 to PMD 10).
The Mountain Gate II development includes extensive parkway landscaping along State
Highway 111, including significant berming, a larger amount of palm trees,,mesquite
and palo verde trees, and other desert landscaping. The intent of more significant
parkway landscaping along State Highway 111 is to help buffer the development from
public view. Century Vintage Homes has been very supportive of and receptive to the
City Council Staff Report
June 15, 2005—Page 3
Annexation No. 1 to Parkway Maintenance District No. 10
City's requests to enhance and improve the proposed landscaping along the State
Highway 111 parkway. As a result, preliminary estimates of the costs to maintain and
irrigate the parkway landscaping is nearly equal to the costs to maintain and irrigate all
of the exterior parkways of the original Mountain Gate development.
City staff solicited the services of MuniFinancial to assist in the legal process required to
annex new territory to PMD 10. It is important that the legal process prescribed by the
"Landscaping and Lighting Act of 1972", and more importantly, the California
Constitution (Articles XING and XIIID)which were established as a result of the passage
of Proposition 218, are followed. Proposition 218 essentially limited local government's
abilities to establish new or increased special taxes. The result of Proposition 218 was
the inclusion of the following language into the California Constitution: "No local
government may impose, extend, or increase any general tax unless and until that tax is
submitted to the electorate." Therefore, any new "Special District" requires a formal
Public Hearing and property owner protest balloting, and further requires that the
formation of a Special District can only be approved upon the receipt of a majority of
ballots in support of the Special District.
In this case, the affected property owner is Mountain Gate II Palm Springs Ventures,
LLC, the owner in fee title to all of the lots within the Mountain Gate II development,
identified as Tracts 32028-1 and 32028. As the proponent of the annexation of
Mountain Gate II to PMD 10, Century Vintage Homes has executed a Consent and
Waiver form (see Attachment 3) which represents the consent to the annexation of the
property (Mountain Gate II) to PMD 10, the consent to and cast of a ballot authorizing
the levy of annual assessments against the properties to be annexed to PMD 10, and
further, to pay the assessments levied against the properties to be annexed to PMD 10.
This consent and waiver form further waives the requirement for a 45-day noticing
period for the Public Hearing to formally annex Mountain Gate II to PMD 10, as required
by the California Constitution.
MuniFinancial, representing the City as the Engineer of Work, has prepared a
preliminary Engineer's Report in accordance with the Landscaping and Lighting Act of
1972 and Articles XIIIC and XII ID of the California Constitution (see Attachment 4). This
Report describes and identifies the "territory" to be annexed to PMD 10, identifies the
special benefits the properties within the annexation will receive, determines the method
of calculating each property's proportional special benefit and annual assessment,
outlines a budget to cover the annual costs to operate and maintain the parkway
landscaping improvements, establishes a maximum annual assessment, and identifies
the spread of the proposed assessment to each of the properties within the annexation
to PMD 10 which will be levied as a special assessment on the property's tax bill.
Additionally, the Report identifies and provides for the increase of the initial maximum
assessment, or an "Assessment Range Formula", that allows for reasonable increases
and inflationary adjustment to annual costs and assessments without requiring the
formal public noticing and property owner protest balloting. The Report proposes that
City Council Staff Report
June 15, 2005—Page 4
Annexation No. 1 to Parkway Maintenance District No. 10
the initial maximum assessment be adjusted annually by the annual percentage change
in the Consumer Price Index (CPI) of "All Urban Consumers" for the Los Angeles-
Orange-Riverside County Area. This Assessment Range Formula will ensure that as
City costs to maintain and operate PMD 10 escalate, the City is authorized to increase
the annual assessments to the properties within PMD 10 by a CI adjustment, such that
the City does not incur expenses above and beyond the revenues collected by the
assessments to the properties within PMD 10.
MuniFinancial, in its preliminary Engineer's Report, has determined that the estimated
cost to maintain and operate the new parkway landscaping along State Highway 111,
and the spread of those costs among the 196 single family homes within the Mountain
Gate II development, result in an initial maximum annual assessment higher than the
existing annual assessment established for properties within the original Mountain Gate
development. PMD 10, when it was originally formed, established an initial maximum
assessment of $95,719 which was spread over the 308 single family homes within the
original Mountain Gate development. This resulted in an initial maximum annual
assessment of$310,78 for those properties.
The initial maximum assessment for the annexation of Mountain Gate II to PMD 10 has
been established as $103,841. A simple spread of this assessment among the 196
single family homes proposed within Mountain Gate II results in an initial maximum
annual assessment of $629.80. Detailed in the Engineer's Report, in its discussion of
the method of apportionment and description of special benefit, an analysis of the
additional special benefit properties immediately adjacent to State Highway 111 is
included that allows for an increased assessment to those properties above other
properties within the Mountain Gate II development. The Report establishes a 10%
additional "benefit" the 21 properties immediately adjacent to the parkway landscaping
will receive, resulting from the ability to see the palm trees, mesquite and palo verde
trees and other landscaping directly behind their rear yard wall, and the resulting visual,
aesthetic, and cooling effects the adjacent landscaping will cause. The other 175
properties within the Mountain Gate II development do not have this additional "benefit",
and it has been proposed that each receives the same and equal benefit of the parkway
landscaping along State Highway 111. This method of apportionment establishes an
initial maximum annual assessment of $524.18 for the 175 properties throughout the
Mountain Gate II development, and $576.60 for the 21 properties immediately adjacent
to the State Highway 111 parkway landscaping.
It is proposed that the annexation of Mountain Gate II to PMD 10 be established as a
separate "Zone of Benefit", or as Zone 2 of PMD 10. Hereafter, the original Mountain
Gate development will be identified as Zone 1 of PMD 10, and each Zone of Benefit will
have separate Engineer's Reports and budgets, cost accounting, and annual
assessments specific to the parkway landscaping maintenance provided in their
"Zones". This process is common for annexations of new developments into existing
parkway maintenance districts.
City Council Staff Report
June 15, 2005—Page 5
Annexation No. 1 to Parkway Maintenance District No. 10
The adoption of the attached Resolutions initiates the proceedings to annex Mountain
Gate II to PMD 10, and will preliminarily approve and adopt the Engineer's Report for
the annexation of Mountain Gate II to PMD 10, including the approval of the initial
maximum annual assessment of$524,10 and $576.60 for parcels within the annexation,
and schedules a formal Public Hearing for the annexation of Mountain Gate II to PMD
10 for July 20, 2005.
FISCAL IMPACT:
All costs to date associated with the process to annex Mountain Gate II to PMD 10,
including the services of MuniFinancial, have been paid for by Century Vintage Homes.
Although there are no direct costs to the City associated with the recommended actions
of the City Council with this item, following formal annexation of Mountain Gate II to
PMD 10 at the July 20, 2005, Public Hearing, future costs will occur, but will be offset by
the annual levy of special assessments to the properties within the Mountain Gate II
development. No fiscal impact to the City's General Fund should occur as a result of
the annexation of Mountain Gate II to PMD 10, provided future actual costs to maintain
and operate the parkway landscaping do not exceed the annual GPI inflationary
adjustment to the maximum assessment allowed by the Assessment Range Formula.
David J. Barakian David H. Ready
Director of Public Works/City Engineer City Manager
Attachments:
1. Original PMD 10 Exhibit
2. Annexation No. 1 to PMD 10 Exhibit
3. Consent and Waiver Form
4. Preliminary Engineer's Report
5. Resolutions (3)
ATTACHMENT
ORIGINAL PMD 10 EXHIBIT
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ATTACHMENT
ENGINEER'S REPORT
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CITY OF PALM SPRINGS
ENGINEER'S REPORT
PARKWAY MAINTENANCE DISTRICT NO. 10
i
(MOUNTAIN GATE)
ANNEXATION NO. 1
TRACT 32028-1 AND TRACT 32028 (MOUNTAIN GATE II)
FISCAL YEAR 2005/2006
OF pALM S
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Intent Meeting: June 15, 2005
Public Hearing: July 20, 2005
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''''°`` MunoFinancial
Corporate Office Office Locations
27368 Via hrdustria Anaheim, CA Oakland, CA
Suite 110 Los Angeles Regional Office Phoenix, AZ
Temecula; CA 92590 Lancaster, CA Sacramento, CA
Tel: (95J) 587-3500 San Diego, CA
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Fax: (951) 587-35J0
www.muni.com
I
ENGINEER'S REPORT AFFIDAVIT
T Annexation of Territory to
PARKWAY MAINTENANCE DISTRICT NO. 10
MOUNTAIN GATE)
Said Territory being designated
ANNEXATION NO. 1
TRACT 32028-1 AND TRACT 32028 MOUNTAIN GATE I1)
City of Palm Springs,
County of Riverside, State of California
This Engineer's Report and the enclosed budget, assessments, descriptions and diagrams outline die
proposed annexation of territory identified as Mountain Gate I1, Tracts 32028-1 and 32028 to the
Pahn Springs Parkway Maintenance District No. 10 (Mountain Gate); and includes each lot, parcel,
and subdivision of lazed within said annexation territory, as the same existed at the time of the
passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor's
maps for a detailed description of the lines and dimensions of parcels within the annexation
territory. The undersigned respectfully submits the enclosed Report as directed by the City Council.
S1
Dated this day of 2005.
MuniTinancial
Assessment Engineer
Ou Behalf of the City of Palm Springs
By:
Jun MCG 'e
Senior Project Manager Kop�e�,
Richard Kopecky sr� COVI1 � .
R. C. E. # 16742 lOF
C���
CITY CLERK'S CERTIFICATION OF FILING
P ENGINEER'S REPORT
PARKWAY MAINTENANCE DISTRICT NO. 10 (MOUNTAIN GATE)
i ANNEXATION NO. 1,
Tract 32028-1 and Tract 32028 (Mountain Gate II)
I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll and
Assessment Diagram thereto attached, was filed with me on the_day of 12005.
James Thompson, City Clerk
City of Palm Springs
County of Riverside, California
PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT
I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll
thereto attached, was preliminarily approved by the City Council of the City of Palm Springs,
California, for the purposes of conducting a property owner balloting on the proposed assessments
described herein, on the_day of 12005.
James Thompson, City Clerk
City of Palm Springs
County of Riverside, California
FINAL APPROVAL
I HEREBY CERTIFY that the enclosed Engineer's Report, and the improvements and assessments
together with tie Assessment Roll thereto attached, was approved and confirmed by the City
Council of the City of Pahn Springs, California, on the_day of 12005.
James Thompson, City Clerk
City of Palin Springs
County of Riverside, California
i
TABLE OF CONTENTS
EXECUTIVE SUMMARY.....................................................................................................3
A. INTRODUCTION.....................................................................................................3
B. OVERVIEW................................................................................................................5
i
PART I -PLANS AND SPECIFICATIONS....................................................................... 6
A. DESCRIPTION OF THE DISTRICT AND ANNEXATION.............................6
B. DESCRIPTION OF IMPROVEMENTS AND SERVICES .................................6
PART II -METHOD OF APPORTIONMENT.....................................................I.......... 9
A. OVERVIEW................................................................................................................9
B. BENEFIT ANALYSIS ...............................................................................................9
C. ASSESSMENT METI-IODOLOGY......................................................................... 10
D. ASSESSMENT RANGE FORMULA...................................................................... 12
PART III -PROPOSED BUDGET AND ASSESSMENTS..............................................14
A. DESCRIPTION OF BUDGET ITEMS .................................................................. 14
B. PROPOSED BUDGET FOR ANNEXATION NO. I............................................ 15
PART IV-DISTRICT DIAGRAM.....................................................................................16
PART V-ASSESSMENT ROLL....................................................................................... 20
Engineer's Report
Landscape Maintenance District No. 10
Annexation No. 1 —Tracts 32028-1 & 32028 (Mountain Gate II)
]EXECUTIVE SUMMARY
A. INTRODUCTION
This Engineer's Report has been prepared pursuant to the provisions of the Landscaping and
Lghting Act of 072, Parl 2 of Division 15 of the California Streets and Highways Code (hereafter
referred to as the "1972 Act"), and in compliance with the substantive and procedural
requirements of the California State Constitution Articles XIIIC and XIIID (hereafter referred to
as the "Constitution"), and as ordered by a resolution of the City Council of the City of
Palm Springs, County of Riverside, State of California (hereafter referred to as "City"), in
connection with the proceedings for the annexation of specified territory and the annual levy
of assessments related thereto for the District designated as:
Parkway Maintenance District No. 10 (Mountain Gate)
The territory of land to be annexed to the District is identified and designated as:
Annexation No. 1
Tract 32028-1 and Tract 32028 (Mountain Gate II)
Annexation No. 1 includes all parcels of land within the residential subdivision known as
Tract 32028-1 and Tract 32028 (Mountain Gate II), (hereafter referred to as "Annexation"
or "Annexation No. 1"). Mu iiFinancial submits this Engineer's Report (hereafter referred to
as "Report"), for the annexation of this territory into Parkway Maintenance District No. 10
(Mountain Gate), (hereafter referred to as "District"), and the levy and collection of annual
assessments related thereto commencing in fiscal year 2005/2006 consisting of five (5) parts.
Part I
Plans and Specifications: A description of the territory of land to be included in
Annexation No. 1 and the improvements to be maintained as part of the District. The
territory of land within Annexation No. 1 shall be established in the existing District as a
zone of benefit encompassing all properties within the residential development lmown as
Tract 32028-1 and Tract 32028 (Mountain Gate 1I). The improvement plans associated with
Annexation No. 1 have been previously approved by the City and a detailed description of
these plans are on file in Public Works and by reference are made part of this Report.
Part II
The Method of Apportionment: A discussion of benefits the improvements provide to
properties witlun Annexation No. 1 and the method of calculating each property's
proportional special benefit and annual assessment. This section also identifies and outlines
an Assessment Range Formula that provides for an annual adjustment to the maxnnum
assessinent rate that establishes ]units on future assessments, but also provides for
reasonable cost adjustments due to inflation without the added expense of additional
property owner protest ballot proceedings.
Mtn2iFinanaal Pace 3
Engineer's Report
Landscape Maintenance District No. 10
Annexation No. 1 —Tracts 32028-1 & 32028 (Mountain Gate II)
i
Part III
The Annexation Budget: An estimate of the annual costs to operate, maintain and service
the landscape improvements installed and constructed as part of the development of
properties within Annexation No. 1. This budget includes an estimate of anticipated direct
maintenance costs and incidental expenses including, but not limited to administration
expenses and the collection of appropriate fund balances to establish a maximum
assessment. The proposed maximum assessment (including an assessment range formula)
established for Annexation No. 1 is based on current property development plans and
estimated annual cost and expenses associated with all improvements to be accepted and
maintained by the City at build-out. The proposed maximum assessment rate identified in
the budget of this Report establishes the initial maxiinutn assessment rate for properties
within Annexation No. 1 in fiscal year 2005/2006 and shall be adjusted annually by the
Assessment Range Formula described in the method of apportiomnent.
The annual assessments and costs for the first fiscal year (2005/2006) and each subsequent
year shall be based on the estimated annual cost of operation and maintenance of die
improvements for that fiscal year and may be equal to or less than the adjusted maximum
assessment. The budget contained in this Report provides an estimate of the costs and
expenses at build-out to establish the initial maximum assessment rate for properties within
Annexation No. 1 and also establishes the proposed budget and assessment rate for fiscal
year 2005/2006.
Part IV
Annexation Diagram: The boundaries of Annexation No. 1 are coterminous with the
boundaries of Tracts 32028-1 and 32028 which by reference are made part of this Report
and said boundaries are inclusive of all parcels shown on the Riverside County Assessor's
Parcel Maps Book 669 Pages 63, 64 and 65 as they existed at the time this Report was
prepared. The boundaries of Annexation No. 1 and the Annexation Diagram provided
herein are therefore idemtrfied by the Riverside County Assessor's Parcel Maps Book 669
Pages 63, 64 and 65 and include all parcels that will receive special benefits from the
improvements. Parcel identification, the lines and dimensions of each lot, parcel and
subdivision of land within Annexation No. 1, shall be those shown on the Riverside County
Assessor's Parcel Maps as they existed at the tune of the passage of the Resolution of
Intention, and shall include all subsequent subdivisions, lot line adjustments or parcel
changes therein. This Annexation Diagram along with the existing District Diagram shall
constitute the revised boundaries of Parkway Maintenance District No. 10 (Mountain Gate).
Reference is hereby made to the Riverside County Assessor's maps for a detailed description
of the lines and dimensions of each parcel within Annexation No. 1.
Part V
Assessment Roll: A listuig of the proposed assessment amounts to be presented to the
property owners of record in the protest ballot proceedings pursuant to the provisions of the
California Constitution. The proposed assessment amount for each parcel is based on the
parcel's proportional special benefit as outlined in the method of apportionment and the
proposed iiiral maximum assessment rate described herein. It is anticipated that only a
portion of the improvements for Annexation No. 1 will be accepted for maintenance in the
MunaiFwaadal Page 4
Engineer's Report
Landscape Maintenance District No. 10
Annexation No. 1 —Tracts 32028-1 & 32028 (Mountain Gate I�
first fiscal year (2005/2006). Therefore the assessment roll also includes the proposed
assessment amounts to be applied on die tax rolls for fiscal year 2005/2006.
11. OVERVIEW
The existing Parkway Maintenance District No. 10 (Mountain Gate) is comprised of the 308
residential parcels of Tracts 30963-1, 30963-2 and 30963. The District provides for the
maintenance of local landscape improvements associated with development of those
properties including parkway landscaping along Highway 111 and Gateway Drive as well as
specific public areas within the development. The annexation of Tracts 32028-1 and 32028
(Mountain Gate II) subdivision, (Annexation No. 1), will expand the western boundaries of
the existing District and will facilitate die imaimenance and operation of additional landscape
improvements along State Highway 111 installed in connection with the development of the
residential properties within the Mountain Gate I1 subdivision.
Although the landscape improvements associated with the Mountain Gate II subdivision are
similar to the improvements provided in the existing District, the improvements to be
installed and maintained are a direct result of this particular residential development and the
cost of maintaining these improvements shall be budgeted and apportioned to only the
properties within Annexation No. 1.
The word "parcel," for the purposes of this Report, refers to an individual property assigned
its own Assessment Number by the Riverside County Assessor's Office. The Riverside
County Auditor/Controller uses Assessment Numbers and specific Fund Numbers to
identify properties assessed on the tax roll for special district benefit assessments.
As part of the annexation process, the City shall conduct a Property Owner Protest Ballot
Proceeding for the proposed levy of a new assessment pursuant to the provisions of the
California Constitution, Article YIIID Section 4. In conjunction with this ballot proceeding,
die City Council will conduct a noticed public hearing to consider public testimonies,
comments and written protests regarding tie annexation of territory to Parkway
Maintenance District No. 10 and the levy of related assessments. Upon conclusion of public
testimony at the public hearing, property owner protest ballots received will be opened and
tabulated to determine whether majority protest exists (ballots shall be weighted based on
assessment amounts) for tie proposed assessments, and by resolution the City Council will
confirm the results of the ballot tabulation. If majority protest exists, proceedings for the
levy of assessments for Annexation No. 1 shall be abandoned. If tabulation of the ballots
indicates that majority protest does not exist for the proposed assessments and the
assessment range formula presented and described herein, the City Council may approve the
Report (as subinitted or amended), approve the annexation of Tracts 32028-1 and 32028 to
the District, and order the leery and collection of assessments for Annexation No. 1. In such
case, the assessments for fiscal year 2005/2006 described herein shall be submitted to the
Riverside County Auditor/Controller for inclusion on the property tax roll for each parcel.
MuniFinancial Page 5
Engineer's Report
Landscape Maintenance District No. 10
Annexation No. 1 —Tracts 32028-1 &32028 (Mountain Gate II)
` I
fl
PART I - PLANS AND SPECIFICATIONS
A. DESCRIPTION OF THE DISTRICT AND ANNEXATION
The existing boundaries of Parkway Maintenance District No. 10 is generally defined by the
boundaries of Tracts 30963-1, 30963-2 and 30963 which comprise the 308 residential parcels
of the development known as Mountain Gate. The existing District provides for the ongoing
maintenance of local landscape improvements installed in connection with the development
of those properties including parkway landscaping along State Highway I I l and Gateway
Drive as well as specific public areas within the development.
Annexation No. 1 as described herein, includes of all lots, parcels and subdivisions of land
within the approved residential development known as "Mountain Gate II" consisting of
Tracts 32028-1 and 32028. The area of land widen these tracts and Annexation No. 1 is
directly west of the existing District and is generally located north of State Highway 111,
west of Indian Canyon Drive and south of Train-new Road. The territory included in
Annexation No. 1 is inclusive of all parcels within Tracts 32028-1 and 32028 identified on
the Riverside County Assessor's Office Assessor's Parcel Map Book 669 Pages 63, 64 and
65, specifically:
Tract 32028-1
Parcels 1 through 74 of Book 669 Page 63 (69 residential lots and 5 lettered lots);
Parcels 1 through 10 of Book 669 Page 64 (6 residential lots and 4 lettered lots); and
Parcels 1 through 20 of Book 669 Page 65 (16 residential lots and 4 lettered lots).
Tract 32028
Parcels 11 through 50 of Book 669 Page 64 (38 residential lots and 2 lettered lots); and
Parcels 21 through 89 of Book 669 Page 65 (67 residential lots and 2 lettered lots).
These parcels represent a total of one hundred ninety-six (196) subdivided residential lots
that receive special benefit from the improvements; and seventeen (17) letter lots including
various private streets, easements and open space areas that will not be assessed.
B. DESCRIPTION OF IMPROVEMENTS AND SERVICES
The purpose of the District is to ensure the ongoing maintenance, operation and servicing of
local landscape improvements installed in connection with the development of properties
within the District and more specifically as it is addressed in this Report, Annexation No. 1.
These improvements may include, but are not limited to all materials, equipment, utilities,
labor and appurtenant facilities related to the landscape improvements installed as part of the
development and to be maintained and funded entirely or partially through the District
assessments.
Munil-wanaal Page 6
Engineer's Report
Landscape Maintenance District No. 10
Annexation No. 1 —Tracts 32028-1 &32028 (Mountain Gate II)
Improvements and Services Permitted Pursuant to the 1972 Act
As generally defined by the Landscaping and Lighting Act of 1972 the improvements and
associated assessments may include one or more of the following:
1) The installation or planting of landscaping;
2) The installation or construction of statuary, fountains, and other ornamental structures
and facilities;
3) The installation or construction of public lighting facilities including, but not limited to
street lights and.traffic signals;
4) The installation or construction of any facilities which are appurtenant to any of the
foregoing or which are necessary or convenient for the maintenance or servicing
thereof,
5) The installation of park or recreational improvements, including, but not limited to, all
of the following:
a) Land preparation, such as grading, leveling, cumug and filling, sod, landscaping,
irrigation systems, sidewalks, and drainage.
b) Lights, playground equipment, play courts, and public restrooms.
6) The acquisition of land for park, recreational, or open-space purposes or any existing
improvement otherwise authorized pursuant to this section.
7) The maintenance or servicing, of any of the foregoing including the furnishing of
services and materials for the ordinary and usual maintenance, operation, and servicing
of any improvement including but not limited to:
a) Repair, removal, or replacement of all or any part of any improvements;
b) Grading, clearing, removal of debris, the installation or construction of curbs,
gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical
facilities;
c) Providing for the life, growth, health, and beauty of landscaping, including
cultivation, irrigation, trunniing, spraying, fertilizing, or treating for disease or
injury;
d) The removal of trimmings, rubbish, debris, and other solid waste;
e) The cleaning, sandblasting, and painting of walls and other improvements to
remove or cover graffiti;
Electric current or energy, gas, or other illuminating agent for any public lighting
facilities or for the lighting or operation of any other improvements;
g) Water for the irrigation of any landscaping, the operation of any fountains, or the
maintenance of any other improvements.
8) Incidental expenses associated with the improvements including, but not limited to:
a) The cost of preparation of the report, including plans, specifications, estimates,
diagram, and assessment;
MnniFuranazal Page 7
Engineer's Report
Landscape Maintenance District No. 10
Annexation No. 1 —Tracts 32028-1 &32028 (Mountain Gate ID
b) The costs of printing, advertising, and the publishing, posting and mailing of
notices;
c) Compensation payable to the County for collection of assessments;
d) Compensation of any engineer or attorney employed to tender services;
e) Any other expenses incidental to the construction, installation, or maintenance and
servicing of the improvements;
I) Costs associated with any elections held for the approval of a new or increased
assessment.
Specific Landscape Improvements for Annexation No. 1
The landscape improvements to be maintained for Annexation No. 1 may include, but are
not limited to palm trees, turf areas with mowing strips, desert indigenous trees and ground
cover, annual flowers, a sprinlder irrigation and emitter drip system, landscape drainage
system, walkways and associated appurtenant facilities located in the dedicated landscaped
parlway (street right-of-way) on the north side of State Highway 111 extending the length of
Tracts 32028-1 and 32028. The ongoing maintenance, servicing and operation of these
improvements have been identified as a special benefit to the residential properties within
Tracts 32028-1 and 32028 and the annual assessments described herein will provide funding
for the materials, equipment, utilities, labor, appurtenant facilities and incidental expenses
related thereto as permitted under the provisions of the 1972 Act.
Specifically not included as part of the improvements and facilities for Annexation No. 1 are:
• Landscaped areas located on private property;
• Landscaped areas located outside the boundaries of the annexation territory and District;
• Improvements that are funded by other sources available to the City including other
assessments; and
• Landscaped areas maintained and funded by the Homeowner's Association established
for this development including the well site, open space and park areas located within
the development.
MuniFinatciai Page 8
Engineer's Report
Landscape Maintenance District No. 10
Annexation of Tracts 32028-1 & 32028 (Mountain Gate II)
�r
PART II - METHOD OF APPORTIONMENT
A. OVERVIEW
The 1972 Act pertmtts the establishment of assessment districts by agencies for the piupose
of providing certain public improvements, which include the construction, maintenance, and
servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further
requires that the cost of these improvements be levied according to benefit rather than
assessed value:
`The net amount to be assessed upon lands nnthin an asses iemt district may be apportioned by any
formula at-method which fairly distributes the net amount among all assessable lots or parcels in
proportion to the estimated benefits to be received by eacl)such lot orparcel,fromm the improvements."
The formula used for calculating assessments within Annexation No. 1 and the District as a
whole, reflects the composition of the parcels and the improvements provided to fairly
apportion the costs based on a calculated special benefit to each parcel. In addition, pursuant
to the Constitution, Section 4 of Article XIIID, a parcel's assessment may not exceed the
reasonable cost of the proportional special benefit conferred on that parcel and provides that
only special benefits may be assessed.
B. BENEFIT ANALYSIS
The proposed improvements for Annexation No. 1, the associated costs and assessments
have been carefully reviewed, identified and allocated based on special benefit pursuant to
the provisions of the 1972 Act and the Constitution. All improvements associated with this
annexation have been identified as necessary, required and/or desired for the orderly
development of the properties within Annexation No. 1 to their full potential, consistent
with the proposed development plans and applicable portions of the City General Plan. As
such, these improvements would be necessary and required of individual property owners
for the development of such properties and the ongoing operation, servicing and
maintenance of these improvements should reasonably be the financial obligation of those
properties. Therefore, the improvements and the annual costs of ensuring the maintenance
and operation of the improvements are considered a direct and special benefit to all
residential properties within Annexation No. 1.
The method of apportiomment (method of assessment) described herein is based on the
premise that each assessed parcel within Annexation No. 1 receives special benefit from the
improvements and the desirability and security of each property is enhanced by the presence
of well-maintained landscaping in close proxinvty to those properties.
MuniFinaruial Page 9
Engineer's Report
Landscape Maintenance District No. 10
Annexation of Tracts 32028-1 &32028 (Mountain Gate II)
The special benefits to properties within the development associated with the landscape
improvements are specifically:
• Enhanced desirability of properties through association with the improvements.
• Improved aesthetic appeal of properties providing a positive representation of the area
and properties.
• Enhanced adaptation of the urban environment within the natural environment from
adequate green space and landscaping.
• Environmental enhancement through unproved erosion resistance, dust and debris
control, and fire prevention.
• Increased sense of pride in ownership of property within the District resulting from well-
maintained improvements associated with the properties.
• Enhanced quality of life through well-maintained green belts and landscaped areas.
• Reduced criminal activity and property-related trines (especially vandalism) against
properties in Annexation No. 1 and District through well-maintained surroundings and
amenities including abatement of graffiti.
• Enhanced environmental quality of the parcels by moderating temperatures, providing
oxygenation and attenuating noise.
All of the preceding factors contribute to a specific enhancement and desirability of each of
the assessed parcels within Annexation No. 1 and thereby provide special benefits to the
properties.
Although the improvements associated with Annexation No. 1 include improvements within
specified public easements or right-of-ways that are available or visible to the public at large;
the construction and installation of these improvements are only necessary for the
development of properties within Tracts 32028-1 and 32028 and are not required nor
necessarily desired by any properties or developments outside the boundaries of Annexation
No. 1. Therefore, any public access or use of the improvements by others is incidental and
there is no measurable general benefit to properties outside the annexation territory or to the
public at large.
C. ASSESSMENT METHODOLOGY
The landscape improvements installed in connection with the development of residential
properties within Tracts 32028-1 and 32028 and will be maintained by the District shall be
fairly distributed among all benefiting parcels based upon the special benefit received by
each parcel. In reviewing dhe improvement associated with Annexation No. 1 and the
existing improvements associated with the District, it has been determined that Annexation
No. 1 should be established as a separate "Zone of Benefit" within the District. Although
the improvements associated with Annexation No. 1 have similarities to those provided in
the existing District, they are not entirely the same and it has been determined that separate
b'IuniFinanaal Page 10
Engineer's Report
Landscape Maintenance District No. 10
Annexation of Tracts 32028-1 & 32028 (Mountain Gate II)
I
budgets and assessments for each of the two overall developments (Mountain Gate and
Mountain Gate II) will provide the most appropriate reflection of special benefit and
apportionment of improvement costs to the properties within the District.
Future Engineer's Reports for the District will specifically name these as separate Zones of
Benefit (Zone I and Zone 2), and the costs and assessments for Annexation No. 1
(Mountain Gate II — Tracts 32028-1 and 32028) shall be identified as Zone 2 of Parkway
Maintenance District No. 10, and shall be calculated independent from die costs and
assessments for the existing District (Mountain Gate — Tracts 30963-1, 30963-2 and
30963), which shall be identified in the future as Zone 1 of Parkway Maintenance District
No. 10. Therefore the net annual cost of maintaining the improvements associated with
Mountain Gate II — Tracts 32028-1 and 32028 shall be allocated and apportioned to only
the residential parcels within Annexation No. 1.
Annexation No. 1 (Tracts 32028-1 and 32028) is comprised of one hundred ninety-six (196)
residential parcels and various private streets, public easements and open space areas. While
the various private streets, public easements and open space areas within the Mountain Gate
II development may be assigned an Assessor's Parcel Number by the County Assessor's
Office, it has been determined that these parcels (identified as letter lots on the approved
tract maps) resulted from the planned development of the residential properties and these
parcels receive no direct and special benefit from the improvements, in fact some of these
parcels contain the landscaped areas to be maintained by the District as well as landscaped
areas that will be maintained by the Homeowner's Association established for the Mountain
Gate II development.
Since the improvements to be maintained by the District have been installed and
constructed in conjunction with the development of all residential parcels within Tracts
32028-1 and 32028, it has been determined that each and every residential parcel widnun the
development shall be assessed for the net annual costs associated with the ongoing
maintenance of those unprovements. While it is evident that all residential properties within
Annexation No. 1 receive special benefit, it is also recognized that in this particular
development, the residential parcels directly adjacent to the improvements have enhanced
benefits resulting from their proximity to the improvements. Specifically, twenty-one (21)
parcels (Lots 29 dirough 38 of Tract 32028; and Lots 81 through 91 of Tract 32028-1) are
directly adjacent to the landscape improvements, which slope up from the backyards of
these properties to the Highway Ill (the improvements are at a higher elevation). This
physical relationship to the improvements provides these properties expanded green space
behind their homes that provide a visual enhancement to the property; unproved erosion
and dust control; and increased temperature moderation resulting from the trees and
irrigation. While factors such as temperature moderation versus distance are measurable
values for determining variances in special benefit, other factors such as enhanced visual
benefit tend to be more subjective. However it is reasonable to conclude that collectively,
these enhanced benefits associated with properties adjacent to the improvements are
appropriately represented by an estimated ten percent (10%) increase in the special benefit
as compared to the other residential properties within Annexation No. 1.
Therefore, in order to apportion special benefit to all parcels within Annexation No. 1, a
weighted method of apportionment ]mown as an Equivalent Benefit Unit (EBU) methodology
MnniFlnaudal Page 11
Engineer's Report
Landscape Maintenance District No. 10
Annexation of Tracts 32028-1 & 32028 (Mountain Gate II)
. i
has been utilized to calculate a corresponding and equitable assessment for each parcel. It
has been determined that all residential parcels within the development that are not
immediately adjacent to the improvements installed along State Highway 111 receives similar
and equal special benefit from the improvements and have been assigned a weighted
allocation of one (1.0) EBU. As previously noted, it has also been determined that the
residential parcel immediately adjacent to the unprovernents installed along State Highway
111 receive approximately a 10% greater special benefit than the other residential parcels
within the development, and each of these parcels has been assigned a weighted allocation of
one and one-tenth (1.1) EBU. Parcels identified as private streets; public easements and
open space areas have been assigned a zero (0.0) EBU.
Based on these weighted factors, an assessment rate (rate per EBU) for Annexation No. 1 is
calculated by taking the Total Net Cost to be assessed (`Balance to Levy"), then dividing
that amount by the Total Number of EBU's assigned to all parcels within Annexation No. 1.
Total Balance to Levy / Total EBU = Levy per EBU (assessment rate)
The assessment amount for each parcel is calculated by multiplying the assessment rate
(`Levy per EBU") by the EBU assigned to each parcel.
Levy per EBU x Each Parcel's Individual EBU = Parcel Levy Amount
Since each residential parcel not immediately adjacent to the improvements installed along
State Highway 111 has been assigned 1.0 EBU, the assessment obligation for each of these
residential parcels will be equal to the annual assessment rate. Since each residential parcel
iimnediately adjacent to the improvements installed along state Highway 111 has been
assigned 1.1 EBU, the assessment obligation for each residential of these parcels will be
equal to 1.1 tunes the annual assessment rate.
D. ASSESSMENT RANGE FORMULA
Any new or increased assessment requires certain noticing and meeting requirements by law.
Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID),
legislative changes in the Brown Act defined a "new or increased assessment" to exclude
certain condtttons. These conditions included "any assessment that does not exceed an
assessment formula or range of assessments previously adopted by the agency or approved
by the voters in the area where the assessment is unposed."
The purpose of estabhshi ng an Assessment Range Formula is to provide for reasonable
increases and inflationary adjustment to annual costs and assessments without requiring
costly noticing and mailing procedures, which could add to the costs and assessments. As
part of this Annexation No. 1, a maximum assessment amount for fiscal year 2005/2006
(initial maximum assessment) has been established, and this initial maximum assessment
shall be adjusted each subsequent fiscal year.
The Assessment Range Formula for this Annexation shall be apphed to all future
assessments and is generally defined:
MunZFinantial Page 12
Engineer's Report
Landscape Maintenance District No. 10
Annexation of Tracts 32028-1 &32028 (Mountain Gate II)
• If the proposed annual assessment (levy per EBU) for the upcoming fiscal year is less than
or equal to the adjusted Maximum Assessment Rate, then the proposed annual assessment
is not considered an increased assessment.
• The Maximum Assessment Rate is equal to the Initial Maximum Assessment Rate
established in fiscal year 2005/2006, adjusted annually by the annual percentage change in
the Consumer Price Index (CPI) of"All Urban Consumers" for the Los Angeles-Orange-
Riverside County Area. The CPI used for establishing subsequent Maximum Assessment
Rates shall be for the annual percentage change from the most current month published by
the U. S. Department of Labor, Bureau of Labor Statistics; at the time the Engineer's
Report for the District is prepared.
Beginning in the second fiscal year (fiscal year 2006/2007) and each fiscal year thereafter, the
Maximum Assessment Rate will be recalculated and a new Maximum Assessment Rate shall
be established for the fiscal year utilizing the Assessment Range Formula described above.
The Maximum Assessment Rate shall be calculated independent of the annual budget and
proposed assessment. The annual percentage change to CPI shall be based on the annual
percentage change established by the U.S. Department of Labor, Bureau of Labor Statistics.
Should the Bureau of Labor Statistics revise such index or discontinue the preparation of
such index, the City shall use the revised index or comparable system as approved by the
City Council for determining fluctuations in the cost of living.
Any proposed annual assessment (rate per EBU) less than or equal to the calculated
(adjusted) Maximum Assessment Rate is not considered an increased assessment, even if the
proposed assessment is significantly greater than the assessment applied in the prior fiscal
year. To impose a new or increased assessment other than the annual inflationar-, adjustment
provided by the preceding Assessment Range Formula, the Cite must comply with the
provisions of the Califoriva Constitution Article XIIID Section 4c, that requires a public
hearing and certain protest procedures including mailed notice of the public hearing and
property owner protest balloting. Property owners through the balloting process must
approve a proposed new or increased assessment before any such assessment may be
unposed.
MuniFulancial Page 13
Engineer's Report
Landscape Maintenance District No. 10
Annexation of Tracts 32028-1 & 32028 (Mount= Gate II)
i
PART III — PROPOSED BUDGET AND ASSESSMENTS
The following sections provide a general description of the budget items, the proposed
budget and calculated assessments for Annexation No. 1. The proposed budget includes an
estimate of the annual costs associated with the improvements at build-out to establish the
initial Maximum Assessment Rate as well as the estimated budget and assessment rate to be
levied on parcels within Annexation No. 1 for fiscal year 2005/2006.
A. DESCRIPTION OF BUDGET ITEMS
r
For the purpose of estimating costs for the maintenance and servicing of the Improvements,
actual costs are used where possible, but where actual costs are not available, cost estimates
will be used based on similar cost history. The following summarizes the cost and expenses
include in the budget for Annexation No. 1:
Parkway maintenance: Includes maintenance labor, materials and equipment
required to properly maintain the authorized improvements and services within the District.
Water costs: The cost of irrigation water for the landscape to be maintained is based
upon estimated water expenses using Desert Water Agency billings on public landscaped
areas for the improvements currently maintained within the District.
Electrical energy costs: Energy costs included are those necessary for the operation
of irrigation controls.
Incidental costs: Costs typically associated with the administration and annual levy of
assessments and various special items,including but not li nited to:
• The cost of Assessment Engineering services including performing annual assessment
engineering, deterrrunung existing or estunated costs, retairnng of consultants,
preparation of die Engineer's Report, and other related costs, such as publication of
notices, mailings, etc.
• The costs the County Auditor/Controller and Tax Collector charge to place the
assessments on the tax rolls. Currently these charges are $25 per County assessment
account plus $0.20 per levied parcel.
Reserve Fund: In addition to the estimated annual maintenance expenditures and
administrative costs, the 1972 Act provides for the annual collection of funds to be retained
in a Reserve Fund. These funds are collected and retained for the purpose of funding dine
operation and maintenance of die improvements from the beginning of the fiscal year Only
1) until such tine the assessment proceeds are received from the County which is generally
in .January or February (Operational Reserves). The funds may also be used to offset
unforeseen maintenance expenditures (revenue deficits) as well as funds retained as surplus
revenues from the previous fiscal year. The amount retained in the Reserve Fund typically
should not exceed an amount greater than the operational reserve requirements described
above.
MtntiFinaecial Page 14
Engineer's Report
f Landscape Maintenance District No. 10
Annexation of Tracts 32028-1 & 32028 (Mountain Gate II)
Ali
1
13. PROPOSED BUDGET FOR ANNEXATION NO. 1
I
u
Parkway Maintenance District No. 10
Annexation No. 1 (Mountain Gate II)
Maintenance Costs for Highway 111 Landscaping $ 44,844 $ 22,422
(Maintenance cost estimate by Pac West Landscape Inc.):
Water costs for irrigation (estimated)
(To be provided by Desert Water Agency) 38,500 19,250
Electrical for Sprinkler Controllers and ground lighting 4,750 2,375
(Estimated based on estimated Water usage)
Maintenance, parts and repairs 4,405 2,203
(estimated 5%)
City Administration Costs
(estimated 10%) 8,809 8,809
Direct Costs (Subtotal) $ 101,308 $ 55,059
•i�]��Ix*Y�NI�I-9!(y:1�r]Yt�'fP:1��Rl�r�t�)�i�t�'
Reserve Collection/(Transfer) $ 2,533 $ 2,533
Revenues from Other Sources (Contributions) - -
Total Adjustments (Subtotal) $ 2,533 $ 2,533
Balance to Levy $ 103,841 $ 57,592
arll-li:I lei&IV-:Nii6i
Total Parcels 213 213
Total Parcels Levied 196 196
Total Equivalent Benefit Units 198.10 198.10
* Proposed Assessment Rate (FY 2005/2006) $290.72
" Maximum Assessment Rate (per Benefit Unit) $524.18 $524.18
Inflationary Factor Applied to Maximum Rate
The Annual Percentage Change in the Consumer Price Index.
Null Nr7.1:1�:1t`I'1II(7�lalh/:tt�('J�`
Beginning Reserve Fund Balance $0.00 $0.00
Reserve Fund Adjustments 2,533.00 2,533.00
Anticipated Reserve Balance $2,533.00 $2,533.00
All cost estimates are rounded to the nearest dollar and the assessment rates and amount to be
levied on any parcel have been rounded to an even number penny to accommodate collection of the
assessments on the property tax bill m two equal mstalltnents.
MuniFu:oncial page 15
Engineer's Report
Landscape Maintenance District No. 10
Annexation of Tracts 32028-1 & 32028 (Mountain Gate II)
PART IV - DISTRICT DIAGRAM
The parcels within Annexation No. 1 (Mountain Gate II) of Parkway Maintenance District
No. 10 consist of all lots, parcels and subdivisions of land located in the residential
development lmown as Mountain Gate II, Tract No. 32028-1 and 32028.
The following three maps are copies of the Riverside County Assessor's Parcel Map, as the
same existed at the time this Report was prepared and the Resolution of Intention is
adopted. The parcels of land within Annexation No. 1 are inclusive of all parcel numbers
shown on these three Riverside County Assessor's Parcel Maps, and by reference the original
Assessor's Parcel Maps and the associated Tract Maps for Tracts 32028-1 and 32028 are
made part of thus Report. These maps indicate the various lots and parcels within Tracts
32028-1 and 32028 consisting of one hundred ninety-six single-family residential parcels,
various streets easements and designated open spaces. The combination of these three
Assessor's Parcel Maps and the Assessment Roll contained in this Report constituce the
Assessment Diagram for Annexation No. 1. The maxunum assessment rate, assessment
range formula and the proposed assessment amount for each of the parcels within
Annexation No. 1 as described herein, shall be presented to the property owners of record
for approval or protest in accordance with the provisions of the California Constitution.
AfuteiFinantial Page 16
ASSESSMENT DIAGRAM FOR
ANNEXATION NO. I TO PARKWAY MAINTENANCE DISTRICT NO. 10
CITY OF PALM SPRINGS,COUNTY OF RIVERSIDE,STATE OF CALIFORNL,1
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ASSESSMENT DIAGRAM FOR
ANNEXATION NO. 1 TO PARKWAY MAINTENANCE DISTRICT NO. 10
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MuniFinancial Page 18
ASSESSMENT DIAGRAM FOR
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Page
Engineer's Report
Landscape Maintenance District No. 10
Annexation of Tracts 32028-1 & 32028 (Mountain Gate II)
I
TART V - ASSESSMENT ROLL
Parcel identification for each lot or parcel within Annexation No. 1 (Mountain Gate II;
Tracts 32028-1 and 32028) is based on the Riverside County Assessor's Maps presented
herein as the Assessment Diagram and is based on available parcel maps and property data
from the Riverside County Assessor's Office, as they existed at the tune this Engineer's
Report was prepared and the City Council adopted the Resolution of Intention. A listing of
the proposed lots and parcels to be assessed within this Annexation No. 1 along with the
assessment amounts is provided herein.
If any parcel submitted for collection is identified by the County Auditor/Controller to be
an invalid parcel number for the fiscal year, a corrected parcel number and/or new parcel
numbers will be identified and resubmitted to the County Auditor/Controller. The
assessment amount to be levied and collected for the resubmitted parcel or parcels shall be
based on the method of apportionnent and assessment rate described in this Report as
approved by the City Council.
The following pages provide a listing of the parcels and proposed assessment amounts for
each of the parcels within the Annexation No. 1 as deternuned by the assessment rates and
method of apportionment described herein:
MuniFwanrial Page 20
1 Engineer's Report
Landscape Maintenance District No. 10
Annexation of Tracts 32028-1 & 32028 (Mountain Gate I1)
I'
Parcel Maximum First Year's
Number Tract Lot Land Use EBU Assessment Assessment
669-630-001 32028-1 Lot 1 SF Residential 1.00 $524.18 $290.72
669-630-002 32028-1 Lot 2 SF Residential 1.00 $524.18 $290.72
669-630-003 32028-1 Lot 3 SF Residential 1.00 $524.18 $290.72
669-630-004 32028-1 Lot 4 SF Residential 1.00 $524.18 $290.72
669-630-005 32028-1 Lot 5 SF Residential 1.00 $524.18 $290.72
669-630-006 32028-1 Lot 6 SF Residential 1.00 $524.18 $290.72
669-630-007 32028-1 Lot 7 SF Residential 1.00 5524.18 $290.72
669-630-008 32028-1 Lot 8 SF Residential 1.00 $524.18 $290.72
669-630-009 32028-1 Lot 9 SF Residential 1.00 $524.18 5290.72
669-630-010 32028-1 Lot 10 SF Residential 1.00 $524.18 $290.72
669-630-011 32028-1 Lot 11 SF Residential 1.00 $524.18 $290.72
669-630-012 32028-1 Lot 12 SF Residential 1.00 5524.18 $290.72
669-630-013 32028-1 Lot 13 SF Residential 1.00 $524.18 $290.72
669-630-014 32028-1 Lot 14 SF Residential 1.00 $524.18 $290.72
669-630-015 32028-1 Lot 15 SF Residential 1.00 $524.18 $290.72
669-630-016 32028-1 Lot 16 SF Residential 1.00 5524.18 $290.72
669-630-017 32028-1 Lot 17 SF Residential 1.00 $524.18 $290.72
669-630-018 32028-1 Lot 18 SF Residential 1.00 $524.18 $290.72
669-630-019 32028-1 Lot 19 SF Residential 1.00 5524.18 $290.72
669-630-020 32028-1 Lot 20 SF Residential 1.00 $524.18 $290.72
669-630-021 32028-1 Lot 21 SF Residential 1.00 $524.18 $290.72
669-630-022 32028-1 Lot 22 SF Residential 1.00 $524.18 $290 72
669-630-023 32028-1 Lot 23 SF Residential 1.00 $524 18 $290.72
669-630-024 32028-1 Lot 24 SF Residential 1.00 $524.18 $290.72
669-630-025 32028-1 Lot 31 SF Residential 1.00 $524.18 $290.72
669-630-026 32028-1 Lot 32 SF Residential 1.00 $524.18 $290.72
669-630-027 32028-1 Lot 33 SF Residential 1.00 $524.18 $290.72
669-630-028 32028-1 Lot 34 SF Residential 1.00 $524.18 $290.72
669-630-029 32028-1 Lot 35 SF Residential 1 00 $524.18 $290.72
669-630-030 32028-1 Lot 36 SF Residential 1.00 8524.18 $290.72
669-630-031 32028-1 Lot 37 SF Residential 1.00 $524.18 $290.72
669-630-032 32028-1 Lot 38 SF Residential 1.00 $524.18 $290.72
669-630-033 32028-1 Lot 39 SF Residential 1.00 5524.18 $290.72
669-630-034 32028-1 Lot 40 SF Residential 1.00 5524.18 5290.72
669-630-035 32028-1 Lot41 SF Residential 1.00 5524.18 $29072
669-630-036 32028-1 Lot 42 SF Residential 1.00 $524.18 $290.72
669-630-037 32028-1 Lot 43 SF Residential 1.00 $524.18 $290.72
669-630-038 32028-1 Lot 44 SF Residential 1.00 552418 $290.72
MuniFinaivaal Page 21
Engineer's Report
Landscape Maintenance District No. 10
Annexauon of Tracts 32028-1 &32028 (Mountain Gate II]
i
Parcel Maximum First Year's
f
Number Tract Lot Land Use EBU Assessment Assessment
669-630-039 32028-1 Lot 45 SF Residential 1.00 $524.18 $290.72
669-630-040 32028-1 Lot 46 SF Residential 1.00 $524.18 $290.72
669-630-041 32028-1 Lot 47 SF Residential 1.00 $524.18 $290.72
669-630-042 32028-1 Lot 48 SF Residential 1.00 $524.18 $290.72
669-630-043 32028-1 Lot 49 SF Residential 1.00 $524.18 $290.72
669-630-044 32028-1 Lot 50 SF Residential 1.00 $524.18 $290.72
669-630-045 32028-1 Lot 51 SF Residential 1.00 $524.18 $290.72
669-630-046 32028-1 Lot 52 SF Residential 1.00 5524.18 $290.72
669-630-047 32028-1 Lot 53 SF Residential 1.00 $524.18 $290.72
669-630-048 32028-1 Lot 54 SF Residential 1.00 $524.18 $290.72
669-630-049 32028-1 Lot 55 SF Residential 1.00 $524.18 $290.72
669-630-050 32028-1 Lot 56 SF Residential 1.00 $524.18 $290.72
669-630-051 32028-1 Lot 57 SF Residential 1.00 $524.18 $290.72
669-630-052 32028-1 Lot 58 SF Residential 1.00 $524.18 $290.72
669-630-053 32028-1 Lot 59 SF Residential 1.00 $524.18 $290.72
669-630-054 32028-1 Lot 60 SF Residential 1.00 $524.18 $290.72
669-630-055 32028-1 Lot 61 SF Residential 1.00 $524.18 $290.72
669-630-056 32028-1 Lot 62 SF Residential 1.00 $524.18 $290.72
669-630-057 32028-1 Lot 63 SF Residential 1.00 $524.18 $290.72
669-630-058 32028-1 Lot 64 SF Residential 1.00 $524.18 $290.72
669-630-059 32028-1 Lot 65 SF Residential 1.00 $524.18 $290.72
669-630-060 32028-1 Lot 66 SF Residential 1.00 $524.18 $290.72
669-630-061 32028-1 Lot 67 SF Residential 1.00 $524.18 $290.72
669-630-062 32028-1 Lot 68 SF Residential 1.00 $524.18 $290.72
669-630-063 32028-1 Lot 69 SF Residential 1.00 $524.18 $290.72
669-630-064 32028-1 Lot 86 SF Residential 1.10 $576.60 $319.80
669-630-065 32028-1 Lot 87 SF Residential 1.10 5576.60 $319.80
669-630-066 32028-1 Lot 88 SF Residential 1.10 $576.60 $319.80
669-630-067 32028-1 Lot 89 SF Residential 1.10 $576.60 $319.80
669-630-068 32028-1 Lot 90 SF Residential 1 10 5576.60 $319.80
669-630-069 32028-1 Lot 91 SF Residential 1.10 5576.60 5319.80
669-630-070 32028-1 Lettered Lot Open Space 0.00 $0.00 $0.00
669-630-071 32028-1 Lettered Lot Open Space 0.00 $0.00 $0.00
669-630-072 32028-1 Lettered Lot Open Space 0.00 $0.00 $0.00
669-630-073 32028-1 Lettered Lot Open Space 0.00 $0.00 $0.00
669-630-074 32028-1 Lettered Lot Private Street 0.00 50.00 $0.00
669-640-001 32028-1 Lot 25 SF Residential 1.00 $524.18 5290.72
669-640-002 32028-1 Lot 26 SF Residential 1.00 $524.18 5290.72
ManiFinanaal Pa
ga 22
Engineer's Report
I Landscape Maintenance District No. 10
Annexation of Tracts 32028-1 & 32028 (Mountain Gate II)
_1
Parcel Maximum First Year's
Number Tract Lot Land Use EBU Assessment Assessment
669-640-003 32028-1 Lot 27 SF Residential 1.00 $524.18 $290.72
669-640-004 32028-1 Lot 28 SF Residential 1.00 $524.18 $290.72
669-640-005 32028-1 Lot 29 SF Residential 1.00 $524.18 $290.72
669-640-006 32028-1 Lot 30 SF Residential 1.00 5524.18 $290.72
669-640-007 32028-1 Lettered Lot Open Space 0.00 $0.00 $0.00
669-640-008 32028-1 Lettered Lot Open Space 0.00 $0.00 $0.00
669-640-009 32028-1 Lettered Lot Open Space 0.00 $0.00 $0.00
669-640-010 32028-1 Lettered Lot Private Street 0.00 $0.00 $0.00
669-640-011 32028 Lot SF Residential 1.00 $524.18 $290.72
669-640-012 32028 Lot 2 SF Residential 1.00 5524.18 $290.72
669-640-013 32028 Lot 3 SF Residential 1.00 5524.18 $290.72
669-640-014 32028 Lot SF Residential 1.00 $524.18 $290.72
669-640-015 32028 Lot 5 SF Residential 1.00 5524.18 $290.72
669-640-016 32028 Lot 6 SF Residential 1.00 $524.18 $290.72
669-640-017 32028 Lot 7 SF Residential 1.00 $524.18 $290.72
669-640-018 32028 Lot 8 SF Residential 1 00 $524.18 $290.72
669-640-019 32028 Lot 9 SF Residential 1.00 $524.18 $290.72
669-640-020 32028 Lot 10 SF Residential 1,00 $524.18 $290.72
669-640-021 32028 Lot 11 SF Residential 1.00 $524.18 $290.72
669-640-022 32028 Lot 12 SF Residential 1,00 $524.18 $290.72
669-640-023 32028 Lot 13 SF Residential 1,00 $524.18 $290.72
669-640-024 32028 Lot 14 SF Residential 1.00 $524.18 $290.72
669-640-025 32028 Lot 15 SF Residential 1 00 $52418 $290.72
669-640-026 32028 Lot 16 SF Residential 1.00 5524.18 $290.72
669-640-027 32028 Lot 17 SF Residential 1.00 $524.18 $290.72
669-640-028 32028 Lot 18 SF Residential 1.00 $524.18 $290.72
669-640-029 32028 Lot 86 SF Residential 1,00 $524.18 $290.72
669-640-030 32028 Lot 87 SF Residential 1.00 $524.18 $290.72
669-640-031 32028 Lot 88 SF Residential 1.00 $524.18 $290.72
669-640-032 32028 Lot 89 SF Residential 1.00 $524.18 $290.72
669-640-033 32028 Lot 90 SF Residential 1.00 $524.18 $290.72
669-640-034 32028 Lot 91 SF Residential 1.00 $524.18 $290.72
669-640-035 32028 Lot 92 SF Residential 1.00 $524.18 $290.72
669-640-036 32028 Lot 93 SF Residential 1.00 $524.18 $290.72
669-640-037 32028 Lot 94 SF Residential 1.00 5524.18 $290.72
669-640-038 32028 Lot 95 SF Residential 1.00 $524.18 $290.72
669-640-039 32028 Lot 96 SF Residential 1.00 $524.18 $290.72
669-640-040 32028 Lot 97 SF Residential 1.00 $524.18 $290.72
MuniFznantial Page 23
Engineer's Report
Landscape Maintenance District No. 10
Annexation of Tracts 32028-1 & 32028 (Mountain Gate II)
l
Parcel Maximum First-Year's
Number Tract Lot Land Use EBU Assessment Assessment
669-640-041 32028 Lot 98 SF Residential 1.00 $524.18 $290.72
669-640-042 32028 Lot 99 SF Residential 1.00 $524.18 $290.72
669-640-043 32028 Lot 100 SF Residential 1.00 $524.18 $290.72
669-640-044 32028 Lot 101 SF Residential 1.00 $524.18 $290.72
669-640-045 32028 Lot 102 SF Residential 1.00 $524.18 $290.72
669-640-046 32028 Lot 103 SF Residential 1.00 $524.18 $290.72
669-640-047 32028 Lot 104 SF Residential 1.00 $524.18 $290.72
669-640-048 32028 Lot 105 SF Residential 1.00 $524.18 $290.72
669-640-049 32028 Lettered Lot Open Space 0.00 $0.00 $0.00
669-640-050 32028 Lettered Lot Private Street 0.00 $0.00 $0.00
669-650-001 32028-1 Lot 70 SF Residential 1.00 $524.18 $290.72
669-650-002 32028-1 Lot 71 SF Residential 1.00 $524.18 $290.72
669-650-003 32028-1 Lot 72 SF Residential 1 00 $524.18 $290.72
669-650-004 32028-1 Lot 73 SF Residential 1.00 $524.18 $290.72
669-650-005 32028-1 Lot 74 SF Residential 1.00 $524.18 $290.72
669-650-006 32028-1 Lot 75 SF Residential 1.00 $524.18 $290.72
669-650-007 32028-1 Lot 76 SF Residential 1.00 $524.18 $290.72
669-650-008 32028-1 Lot 77 SF Residential 1.00 $524.18 $290.72
669-650-009 32028-1 Lot 78 SF Residential 1.00 $524.18 $290.72
669-650-010 32028-1 Lot 79 SF Residential 1.00 $524.18 $290.72
669-650-011 32028-1 Lot 80 SF Residential 1.00 $524.18 $290.72
669-650-012 32028-1 Lot 81 SF Residential 1.10 $576.60 $319.80
669-650-013 32028-1 Lot 82 SF Residential 1 10 $576.60 $319.80
669-650-014 32028-1 Lot 83 SF Residential 1.10 $576.60 $319.80
669-650-015 32028-1 Lot 84 SF Residential 1.10 $576.60 $319,80
669-650-016 32028-1 Lot 85 SF Residential 1.10 $576.60 $319,80
669-650-017 32028-1 Lettered Lot Open Space 0.00 $0.00 %00
669-650-018 32028-1 Lettered Lot Open Space 0.00 $0.00 $0.00
669-650-019 32028-1 Lettered Lot Open Space 0.00 $0.00 $0.00
669-650-020 32028-1 Lettered Lot Private Street 0.00 $0.00 $0.00
669-650-021 32028 Lot 19 SF Residential 1.00 $524.18 $290.72
669-650-022 32028 Lot 20 SF Residential 1.00 $524.18 $290.72
669-650-023 32028 Lot 21 SF Residential 1.00 $524.18 $290.72
669-650-024 32028 Lot 22 SF Residential 1.00 $524.18 $290.72
669-650-025 32028 Lot 23 SF Residential 1.00 $524.18 $290.72
669-650-026 32028 Lot 24 SF Residential 1.00 $524.18 $290.72
669-650-027 32028 Lot 25 SF Residential 1.00 $524.18 $290.72
669-650-028 32028 Lot 26 SF Residential 1.00 $524.18 $290.72
MuniFwaucial Page 24
Engineer's Report
j Landscape Maintenance District No. 10
Annexation of Tracts 32028-1 & 32028 (Mountain Gate II]
Parcel Maximum First Year's
Number Tract Lot Land Use EBU Assessment Assessment
669-650-029 32028 Lot27 SF Residential 1,00 $524.18 $290.72
669-650-030 32028 Lot 28 SF Residential 1.00 $524.18 $290.72
669-650-031 32028 Lot 29 SF Residential 1.10 $576.60 $319.80
669-650-032 32028 Lot 30 SF Residential 1.10 $576.60 $319.80
669-650-033 32028 Lot 31 SF Residential 1.10 $576.60 $319.80
669-650-034 32028 Lot 32 SF Residential 1.10 $576.60 $319.80
669-650-035 32028 Lot 33 SF Residential 1.10 $576.60 $319.80
669-650-036 32028 Lot 34 SF Residential 1.10 $576.60 $319.80
669-650-037 32028 Lot 35 SF Residential 1.10 $576.60 $319.80
669-650-038 32028 Lot 36 SF Residential 1.10 $576.60 $319.80
669-650-039 32028 Lot 37 SF Residential 1 10 $576.60 $319.80
669-650-040 32028 Lot 38 SF Residential 1.10 $576.60 $319.80
669-650-041 32028 Lot 39 SF Residential 1.00 $524.18 $290.72
669-650-042 32028 Lot 40 SF Residential 1 00 $524.18 $290.72
669-650-043 32028 Lot 41 SF Residential 1.00 $524.18 $290.72
669-650-044 32028 Lot 42 SF Residential 1.00 $524.18 $290.72
669-650-045 32028 Lot 43 SF Residential 1.00 $524.18 $290.72
669-650-046 32028 Lot 44 SF Residential 1.00 $524.18 $290.72
669-650-047 32028 Lot 45 SF Residential 1.00 $524.18 $290.72
669-650-048 32028 Lot 46 SF Residential 1.00 $524.18 $290.72
669-650-049 32028 Lot 47 SF Residential 1.00 $524.18 $290.72
669-650-050 32028 Lot 48 SF Residential 1.00 $524.18 $290.72
669-650-051 32028 Lot 49 SF Residential 1.00 $524.18 $290.72
669-650-052 32028 Lot 50 SF Residential 1.00 $524.18 $290.72
669.650-053 32028 Lot 51 SF Residential 1.00 $524.18 $290.72
669-650-054 32028 Lot 52 SF Residential 1.00 $524.18 $290.72
669-650-055 32028 Lot 53 SF Residential 1.00 $524.18 $290.72
669-650-056 32028 Lot 54 SF Residential 1.00 5524.18 $290.72
669-650-057 32028 Lot 55 SF Residential 1.00 $524.18 $290.72
669-650-058 32028 Lot 56 SF Residential 1.00 $524.18 $290.72
669-650-059 32028 Lot 57 SF Residential 1.00 5524.18 $290.72
669-650-060 32028 Lot 58 SF Residential 1.00 5524.18 $290.72
669-650-061 32028 Lot 59 SF Residential 1.00 $524.18 $290.72
669-650-062 32028 Lot 60 SF Residential 1.00 $524.18 $290.72
669-650-063 32028 Lot 61 SF Residential 1.00 $524.18 $290.72
669-650-064 32028 Lot 62 SF Residential 1.00 5524.18 $290.72
669-650-065 32028 Lot 63 SF Residential 1.00 $524.18 $290.72
669-650-066 32028 Lot 64 SF Residential 1.00 5524.18 $290.72
MuniFtnanrial Page 25
Engineer's Report
Landscape Maintenance District No. 10
Annexation of Tracts 32028-1 & 32028 (Mountain Gate II)
Parcel Maximum First Year's
Number Tract Lot Land Use EBU Assessment Assessment
669-650-067 32028 Lot 65 SF Residential 1.00 $524.18 $290.72
669-650-068 32028 Lot 66 SF Residential 1.00 $524.18 $290.72
669-650-069 32028 Lot 67 SF Residential 1.00 $524.18 $290.72
669-650-070 32028 Lot 68 SF Residential 1.00 $524.18 $290.72
669-650-071 32028 Lot69 SF Residential 1.00 $524.18 $290.72
669-650-072 32028 Lot 70 SF Residential 1.00 $524.18 $290.72
669-650-073 32028 Lot71 SF Residential 1.00 $524.18 $290.72
669-650-074 32028 Lot 72 SF Residential 1 00 $524.18 $290.72
669-650-075 32028 Lot 73 SF Residential 1.00 $524.18 $290.72
669-650-076 32028 Lot74 SF Residential 1.00 $524.18 $290.72
669-650-077 32028 Lot 75 SF Residential 1.00 $524.18 $290.72
669-650-078 32028 Lot 76 SF Residential 1.00 $524.18 $290.72
669-650-079 32028 Lot 77 SF Residential 1.00 $524.18 $290.72
669-650-080 32028 Lot 78 SF Residential 1.00 $524.18 $290.72
669-650-081 32028 Lot 79 SF Residential 1.00 $524.18 $290.72
669-650-082 32028 Lot 80 SF Residential 1.00 $524.18 $290.72
669-650-083 32028 Lot 81 SF Residential 1.00 $524.18 $290.72
669-650-084 32028 Lot 82 SF Residential 1.00 $524.18 $290.72
669-650-085 32028 Lot 83 SF Residential 1.00 $524.18 $290.72
669-650-086 32028 Lot 84 SF Residential 1.00 $524.18 $290.72
669-650-087 32028 Lot85 SF Residential 1.00 $524.18 $290.72
669-650-088 32028 Lettered Lot Open Space 0.00 $0.00 $0.00
669-650-089 32028 Lettered Lot Private Street 0.00 $0.00 $0.00
Totals: 213 Parcels 198.10 $103,840.10 $57,591.80
MuniFinanaad Page 26
ATTACHMENT
RESOLUTIONS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DECLARING THE
RESULTS OF THE PROPERTY OWNER PROTEST
BALLOT PROCEEDING ON THE PROPOSED
ASSESSMENTS RELATED TO THE ANNEXATION OF
MOUNTAIN GATE II (TRACTS 32028-1 AND 32028) TO
THE PALM SPRINGS PARKWAY MAINTENANCE
DISTRICT NO. 10 ("MOUNTAIN GATE") AND APPROVING
CERTAIN RELATED ACTIONS
WHEREAS, the City Council called and duly held a public hearing regarding the
annexation of territory known as "Mountain Gate II" (Tracts 32028-1 and 32028),
(hereafter referred to as "Annexation No. 1") to the Palm Springs Parkway
Maintenance District No. 10 ("Mountain Gate"), (hereafter referred to as the
"District"); and the annual levy of assessments for the ongoing operation,
maintenance and servicing of landscape improvements and appurtenant facilities
related thereto, pursuant to the provisions of the Landscaping and Lighting Act of
1972, Part 2 of Division 15 of the Streets and Highways Code of California,
beginning with Section 22500 (hereafter referred to as the "Act"); and,
WHEREAS, pursuant to the provisions of the California Constitution Articles XIIIC
and XIIID, the City Council called and conducted a property owner protest ballot
proceeding for the proposed annual levy of assessments upon properties within
Annexation No. 1, including the establishment of a maximum assessment and
assessment range formula; and said assessments were presented to the
property owners of record within Annexation No. 1 by mailed notice and ballot;
and,
WHEREAS, upon the close of the public testimony at the Public Hearing held on
July 20, 2005, all valid ballots returned by the landowners of record within
Annexation No. 1 were opened and tabulated, the results of which are illustrated
below, weighted by the proportional financial obligation of each ballot pursuant to
the California Constitution Article XIIID:
Yes: $
No: $
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. The above recitals are all true and correct.
Section 2. Pursuant to the provisions of the California Constitution, the results
of the tabulation of the valid property owner protest ballots returned by the
Resolution No.
Page 2
property owners of record within Annexation No. 1 prior to the conclusion of the
noticed Public Hearing held on July 20, 2005, is hereby confirmed and made
public record.
Section 3. The tabulation of the valid property owner protest ballots returned
by the property owners within Annexation No. 1 indicates that majority protest of
the proposed assessments does not exist, and the City Council is authorized to
take the necessary steps to levy the assessments as approved.
Section 4. The City Clerk is hereby directed to enter this Resolution into the
minutes of the City Council, which shall constitute the official declaration of the
result of such property owner protest proceeding.
Section 5. This Resolution shall become effective immediately upon its
adoption and the City Clerk shall certify the adoption of this Resolution.
ADOPTED this 20th day of July 2005.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at
a regular meeting of the City Council of the City of Palm Springs on July 20,
2005, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
RESOLUTION NO,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING THE FINAL
ENGINEER'S ANNUAL LEVY REPORT REGARDING THE
ANNEXATION OF "MOUNTAIN GATE ll" (TRACTS 32028-1
AND 32028) TO THE PALM SPRINGS PARKWAY
MAINTENANCE DISTRICT NO. 10 ("MOUNTAIN GATE");
AND THE LEVY AND COLLECTION OF ANNUAL
ASSESSMENTS RELATED THERETO COMMENCING IN
FISCAL YEAR 2005/2006
WHEREAS, the City Council in accordance with the Landscaping and Lighting
Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California,
beginning with Section 22500 (hereafter referred to as the "Act"), did by previous
Resolution order the Engineer, MuniFinancial, to prepare and file an Engineer's
Annual Levy Report (hereafter referred to as the "Engineer's Report") in
accordance with Article 4 of Chapter 1 of Part 2 of Division 15 of the California
Streets and Highways Code, commencing with Section 22565, in connection with
the annexation of territory known as "Mountain Gate II" (Tracts 32028-1 and
32028), (hereafter referred to as "Annexation No. 1"), to the Palm Springs
Parkway Maintenance District No. 10 ("Mountain Gate"), (hereafter referred to as
the "District"); and the proposed levy and collection of assessments related
thereto commencing with fiscal year 2005/2006, said fiscal year beginning July 1,
2005 and ending June 30, 2006; and,
WHEREAS, the Engineer has prepared and filed the Engineer's Report with the
City Clerk, and the City Clerk has presented to the City Council the Engineer's
Report; and,
WHEREAS, the City Council has carefully examined and reviewed the
Engineer's Report as presented, and is satisfied with each and all of the items
and documents as set forth therein, and finds that the levy has been spread in
accordance with the special benefits received from the improvements, operation,
maintenance and services to be performed, as set forth in the Engineer's Report.
WHEREAS, the City Council further finds that the assessments as described in
the Report have been presented to the property owners of record as part of a
protest ballot proceeding conducted pursuant to the provisions of the California
Constitution Article XIIID; and that said property owners approved the
assessments so described, including the maximum assessment and assessment
range formula as outlined in the Report.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. The above recitals are all true and correct.
Resolution No.
Page 2
Section 2. That the Engineer's Report as presented, consists of the following:
2a. A description of Annexation No. 1 and improvements.
2b. Method of Apportionment that outlines the special benefit
conferred on properties within Annexation No. 1 from the
improvements; and the calculations used to establish each
parcel's proportional special benefit assessment, including
the establishment of a maximum assessment rate and
assessment range formula, for fiscal year 2005/2006.
2c. The Budget that outlines the costs and expenses to service,
and maintain the improvements including incidental
expenses authorized by the Act.
2d. An Assessment Diagram that identifies the lots, parcels and
properties included in the boundaries of Annexation No. 1.
2e. An Assessment Roll containing each of the Assessor Parcel
Numbers that comprise Annexation No. 1 and the
proportional maximum assessment and first year's
assessment for fiscal year 2005/2006.
Section 3. The Engineer's Report as presented, is hereby approved, and is
ordered to be filed in the Office of the City Clerk as a permanent record and to
remain open to public inspection.
Section 4. The City Clerk shall certify to the passage and adoption of this
Resolution and the minutes of this meeting shall so reflect the presentation and
final approval of the Engineer's Report.
ADOPTED this 20th day of July 2005.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at
a regular meeting of the City Council of the City of Palm Springs on July 20,
2005, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA ORDERING THE
ANNEXATION OF "MOUNTAIN GATE ll" (TRACTS 32028-1
AND 32028) TO THE PALM SPRINGS PARKWAY
MAINTENANCE DISTRICT NO. 10 ("MOUNTAIN GATE");
AND THE LEVY AND COLLECTION OF ANNUAL
ASSESSMENTS RELATED THERETO FOR FISCAL YEAR
2005/2006
WHEREAS, the City Council has by previous Resolutions initiated proceedings
and declared its intention to annex the territory known as the "Mountain Gate II"
(Tracts 32028-1 and 32028), (hereafter referred to as "Annexation No. 1"), to the
existing Parkway Maintenance District No. 10 ("Mountain Gate"), (hereafter
referred to as the "District"), within the City of Palm Springs; and to levy and
collect annual assessments commencing with fiscal year 2005/2006, to pay the
costs and expenses related to the ongoing operation, maintenance and servicing
of landscape improvements and appurtenant facilities related thereto that have
been installed in conjunction with the development of properties within Tracts
32028-1 and 32028, pursuant to the provisions of the Landscaping and Lighting
Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code,
commencing with Section 22500 (hereinafter referred to as the "Act"); and,
WHEREAS, the Engineer, MuniFinancial, has prepared and filed with the City
Clerk, and the City Clerk has presented to the City Council the Engineer's Annual
Levy Report (hereafter referred to as the "Engineer's Report") in connection with
the proposed levy and collection of special benefit assessments upon eligible
parcels of land within Annexation No. 1, and the City Council did by previous
Resolution approve the Engineer's Report; and,
WHEREAS, the City Council has caused notices and property owner assessment
ballots to be mailed to all property owners of affected properties pursuant to the
Act and in accordance with the provisions of California Constitution Article XIIID;
and
WHEREAS, the City Council following notice duly given, has held a full and fair
Public Hearing on July 20, 2005, regarding the annexation of territory identified
as "Mountain Gate ll" (Tracts 32028-1 and 32028) to the existing Parkway
Maintenance District No. 10 ("Mountain Gate"); the Engineer's Report prepared
in connection therewith, and considered all oral and written statements, protests
and communications made or filed by interested persons regarding these
matters, pursuant to the Act; and has conducted property owner protest
proceedings relating to Annexation No. 1, assessments and assessment range
formula as described in the Engineer's Report, in accordance with the provisions
of the California Constitution Article XIIID.
Resolution No.
Page 2
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. The above recitals are all true and correct.
Section 2. The City Council upon the conclusion of the noticed Public Hearing
has tabulated the property owner protest ballots returned and received, weighted
according to the proportional financial obligation of each affected property
("Weighted Assessment Ballots"). Based on this tabulation, the City Council finds
the record owners of property within Annexation No. 1, or others authorized to
submit assessment ballots on behalf of the property owners, have approved the
proposed assessment, the assessment range formula connected therewith, and
the levy and collection of assessments as described in the Engineer's Report.
Furthermore, the City Council finds that written majority protest does not exist,
pursuant to the provisions of Chapter 2, Article 1, Sections 22593 and 22594 of
the Act.
Section 3. The City Council desires to annually levy and collect assessments
against parcels of land within Annexation No. 1 as part of the existing Parkway
Maintenance District No. 10 ("Mountain Gate"), commencing in fiscal year
2005/2006, to pay the costs and expenses of operating, maintaining and
servicing the landscape improvements and appurtenant facilities that provide
special benefits to the properties within Annexation No. 1.
Section 4. Based upon its review (and amendments, as applicable) of the
Engineer's Report, a copy of which has been presented to the City
Council and which has been filed with the City Clerk, the City Council
hereby finds and determines that:
a) The land within Annexation No. 1 will receive special benefit by
the operation, maintenance and servicing of landscape
improvements and appurtenant facilities within the boundaries
of Annexation No. 1.
b) Annexation No. 1 includes all of the lands receiving such special
benefit.
c) The net amount to be assessed upon the lands within
Annexation No. 1 is in accordance and apportioned by a formula
and method which fairly distributes the net amount among all
eligible parcels in proportion to the special benefit to be received
by each parcel from the improvements and services and that the
assessments are levied without regard to property valuation, for
the fiscal year commencing July 1, 2005, and ending June 30,
2006.
Section 5. The City Council hereby orders the annexation of territory identified
as Annexation No. 1 to the existing Parkway Maintenance District No. 10
Resolution No.
Page 3
("Mountain Gate"), said territory being inclusive of all parcels within the "Mountain
Gate II" development (Tracts 32028-1 and 32028) for fiscal year 2005/2006.
Section 6. The City Council hereby orders the proposed improvements to be
made, which improvements are briefly described as the operation, administration,
maintenance and servicing of all landscape improvements and appurtenant
facilities and expenses associated with the landscaped parkway on the north side
of State Highway 111 extending the length of Tracts 32028-1 and 32028 installed
as part of the development of properties within Annexation No. 1 and will be
maintained by the City of Palm Springs through annual assessments.
Section 7. The maintenance, operation and servicing of improvements shall
be performed pursuant to the Act and the County Auditor of Riverside County
shall enter on the County Assessment Roll opposite each parcel of land the
amount of levy, and such levies shall be collected at the same time and in the
same manner as the County taxes are collected. After collection by the County,
the net amount of the levy shall be paid to the City Treasurer.
Section 8. The City Treasurer shall deposit all money representing
assessments collected by the County for Annexation No. 1 to the credit of a fund
for "Zone 2" of Parkway Maintenance District No. 10 ("Mountain Gate"), and such
money shall be expended only for the maintenance, operation and servicing of
the improvements within Annexation No. 1, as described in the Engineers
Report, and generally described in Section 6.
Section 9. The adoption of this Resolution constitutes the annexation of
territory identified as "Mountain Gate II" (Tracts 32028-1 and 32028) to Parkway
Maintenance District No. 10 ("Mountain Gate"); the establishment of the
maximum assessment rate and assessment range formula described in the
Engineer's Report and the annual levy of assessments for the fiscal year
commencing July 1, 2005, and ending June 30, 2006.
Section 10. The City Clerk is hereby authorized and directed to file the levy with
the County Auditor upon adoption of this Resolution.
ADOPTED this 20th day of July 2005.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at
a regular meeting of the City Council of the City of Palm Springs on July 20,
2005, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
PROPERTY OWNER ASSESSMENT BALLOT
Parkway Maintenance District No. 10; Annexation No. 1
Tract 32028-1 and Tract 32028 (Mountain Gate II)
Representing all Assessor Parcel Numbers within the project area identified as:Tract 32028-1
Proposed Assessments beginning fiscal year 2005106
Maximum Assessment Proposed Assessment for FY 2005/2006
Assessment Rate per EBU: $524.18 Assessment Rate per EBU: $290.72
Your Assessment Amount: $48,277.00 Your Assessment Amount: $26,775.40
(All 91 Residential Lots in Tract 32028-1) (All 91 Residential Lots in Tract 32028-1)
The Maximum Assessment Amount and Rate shown above are subject to an annual inflationary adjustment
Mountain Gate II Palm Springs Ventures, LLC
Attn: Mr. E.G. Williams—Vice President — --- -
1535 South "D" Street, Suite 200
San Bernardino, CA 92408
Your Property's Calculated Benefit is based on: 92.10 Equivalent Benefit Unit
Total Assessment for all Parcels Balloted: $103,840.10
• Mail or deliver this completed ballot to: City Clerk, City of Palm Springs,
3200 E. Tahquitz Canyon Way, Pahn Springs, CA 922620
Completed ballots must be received by the,City Clerk no later than the close of public testimony at the Public Hearing which begins
on Wednesday,July 20,2005,6:00 p.m., in the Council Chambers, located at
City Hall, 3200 E Tahquitv,Canyon IY/ay, Palm Springs, California P2262.
To complete your ballot, mark the square before the word"YES" or before the word "NO", sign and date the ballot, and
return it to the City Clerk prior to the close of public testimony at the Public Hearing. If you wrongly mark, tear,or deface
this ballot, return it to the City Clerk to obtain a replacement. A return envelope has been provided with this ballot for
your convenience,please be sure to affix the proper postage before mailing.
PROPERTY OWNER ASSESSMENT BALLOT
Parkway Maintenance District No. 10;Annexation No. 1
Tract 32028-1 and Tract 32028 (Mountain Gate II)
This ballot represents.
Owner: Mountain Gate II Palm Springs Ventures,LLC
Attn: Mr. E.G. Williams,Vice President
All Assessor Parcels within Tract: 32028-1 J,isung of Assessor Parcel Numbers is on the back of this Ballot)
Your Balloted Assessment Amount: $48,277.00
Initial Maximum Assessment Rate: $524.18
U/ Yes, I do approve of the proposed assessment for my property and the annual inflation adjustment factor for the
maximum assessment rate based on the annual percentage change in the Consumer Price Index.
❑ No, I do not approve of the proposed assessment for my property and the annual inflation adjustment factor for
the maximum assessment rate based on the annual percentage change in the Consumer Price Index
Signed /v�V VIZ;
0 Date
City of Palm Springs "° •, _u.,. ��
City Clerk � _� C"N.�
3200 E Tahquitz Canyon Way �v PMI
Palm Springs, CA 92262
City of Palm Springs
City Clerk
3200 E Tahquitz Canyon Way ;
Palm Springs, CA 92262 -;_,._
a
Official Landscaping and Lighting District Ballot Enclosed �3
To Remain Sealed Until Close of Public Hearing, July 20, 2005 CO =>
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