HomeMy WebLinkAbout6/15/2005 - STAFF REPORTS (16) M Ac A*
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City Council Staff Report
CITY COUNCIL JUNE 15, 2005
LEGISLATIVE ITEM
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 initiate proceedings to annex the "Mountain Gate II" 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."
Item No. 3.C .
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
CPO"321
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 XIIIC 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 XIIID 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 CIP 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 $529.80. 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 CPI 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)
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WAIVER OF CERTAIN PROCEDURES WITH RESPECT TO PROPERTY OWNER
ASSESSMENT BALLOT PROCEDINGS WITHIN AND FOR ANNEXATION NO. 1 (MOUNTAIN
GATE II) TO PARKWAY MAINTENANCE DISTRICT NO. 10, CITY OF PALM SPRINGS,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, PURSUANT TO THE LANDSCAPING
AND LIGHTING ACT OF 1972, BEING PART 2 OF DIVISION 15 OF THE CALIFORNIA
STREETS AND HIGHWAYS CODE, COMMENCING WITH SECTION 22500 AND THE
PROVISIONS OF THE CALIFORNIA CONSTITUTION ARTICLES XIII C AND XIII D.
TO: CITY COUNCIL
CITY OF PALM SPRINGS
The undersigned PROPERTY OWNER, or representative thereof, does hereby
CERTIFY under penalty of perjury, that the following statements are all true and correct:
A. WHEREAS, the petitioner, MOUNTAIN GATE II PALM SPRINGS VENTURES,
LLC, a Delaware Limited Liability Company, (hereinafter referred to as the "Developer'), is the
owner of record (hereinafter referred to as the "Owner"), owning 100% interest in that certain
real property (hereinafter referred to as the 'Property") located in the City of Palm Springs,
County of Riverside, State of California, (hereinafter referred to as the "City'), said Property
being more particularly described as follows:
Tract Map 32028-1, recorded in Book 368 of Maps, at Pages 93-99; and Tract Map
32028, recorded in Book 368 of Maps, at Pages 100-106, records of Riverside County,
California.
Assessor Parcel Number(s)*:
Parcels 1 through 74 of Book 669 Page 63; and,
Parcels 1 through 50 of Book 669 Page 64; and,
Parcels 1 through 89 of Book 669 Page 65.
* Assessor Parcel Number(s) as shown on the latest Riverside County Assessor Maps
as of the date of preparation of this Consent and Waiver.
B, WHEREAS, the Owner is developing the Property as a residential development in
the City, identified as "Mountain Gate II", (hereinafter referred to as the "Project'); and
C. WHEREAS, the Project will cause the need for continued operation and
maintenance of street landscaping and appurtenant facilities (hereinafter referred to as the
"Improvements") which have been installed in connection with the Project; and
D. WHEREAS, the Developer/Owner must provide a means satisfactory to the City
for assuring the continued operation and maintenance of the Improvements; and
E. WHEREAS, pursuant to the Landscaping and Lighting Act of 1972, being Part 2 of
Division 15 of the California Streets and Highways Code, commencing with Section 22500
(hereinafter referred to as the "Act"), the City may establish an Assessment District or annex
territory into an existing Assessment District to provide for the continued operation and
Page 1 of 3
maintenance of Improvements authorized by the Act, and for the payment of the costs and
expenses incurred for such operations and maintenance; and
F. WHEREAS, as a condition for the subdivision of the Property into individual lots for
the specific benefit and sale to subsequent owners, the Developer/Owner and/or successors of
interest are required to complete the process for the annexation of the Project into an existing
Assessment District, said Assessment District being Parkway Maintenance District No. 10
(hereinafter referred to as the "District"); and
G. WHEREAS, Proposition 218 known as the "Right to Vote on Taxes Act",
established in the California Sate Constitution Articles XIII C and XIII D (hereinafter referred to
as the 'Proposition") which among other things, required that all new assessments must comply
with the provisions of the Proposition; and
H. WHEREAS, the Proposition required that the City Council conduct a public hearing
not less than 45 days after mailing a notice of the proposed assessment to record owners of
each parcel which will have a special benefit conferred upon them and upon which an
assessment will be imposed; and
I. WHEREAS, the California Civil Code, Section 3513, allows anyone to waive the
advantage of a law intended solely for their benefit; and
J. WHEREAS, the 45-day period before the conduct of the public hearing is not
established for a public reason but is solely for the advantage of the parcels having a special
benefit conferred upon them and which an assessment will be imposed; and
K. WHEREAS, the proposed assessments upon the Property and the parcels to be
created will be for the special benefit to be received by the Property from the Improvements;
and
L. WHEREAS, the Developer/Owner is the sole owner of the real property to be
benefited by the Improvements, and the maintenance, operation, and servicing thereof; and
M. WHEREAS, neither the Act nor the Proposition prohibits a waiver of the 45-day
notice period.
NOW, THEREFORE, in furtherance of the foregoing recitals, the Developer/Owner does
hereby petition the City as follows:
1. As the Developer/Owner of all of the real property to be annexed into the District,
the Developer/Owner hereby waives all statutory notices of hearings and rights of majority
protests by interested property owners in the District.
2. As the Developer/Owner of all of the real property, which receives a special benefit
and is the only property proposed to be assessed for the special benefit, the Developer/Owner
hereby waives all statutory notice requirements and further waives the 45-day period
established for the mailing out of notices and ballots prior to the public hearing per the
Page 2 of 3
Proposition.
3. In consideration of the approval of annexation of the Property into the District by
the City, the Developer/Owner hereby proposes as follows:
a) To consent to the annexation of the Property into the District;
b) To consent to, and cast a ballot authorizing the levy of assessments against the
Property in an amount reasonably determined by the City to cover all costs and expenses
incurred for the continued maintenance, operation, and servicing of the Improvements; and
c) To pay the assessments levied against the Property for the first fiscal year in which
they are levied.
DEVELOPER/OWNER:
MOUNTAIN GATE li PALM SPRINGS VENTURES, LLC, a Delaware Limited Liability Company
BY: Century Crowell Communities, L.P., a California Limited Partnership, its Development
Management Company
BY: Century Homes Communities, a California corporation, General Partner
By
Signature Print Name
Date: a�3 Jos
ALL SIGNATURES TO BE NOTORIZED
I hereby declare, under penalty of perjury that I am the record owner, or the authorized
representative of the record owner, of the parcel identified above.
Page 3 of 3
ALL-PURPOSE ACKNOWLEDGMENT
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State of I!glf Uf�-L'-!/I't-,[-,y:L� CAPACITY CLAIMED BY SIGNER
CountyofJU in! (J�!/u d ❑ INDIVIDUAL(S)
- ) 0 CORPORATE _
On ��Ll 1roZ00 before me, L /-( /S �t I ✓PL✓agYlS OFFICER(S)jL& Q� 7i7e�7
ate _ Name, Tit e of Officer TITLE(S)
personally appeared t(j r L-L i rVA-S ❑ PARTNER(S)
NAME(S) OF SIGNER(S) ❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
BC personally known to me-OR- ❑ SUBSCRIBING WITNESS
❑ GUARDIAN/CONSERVATOR
❑ proved to me on the basis of satisfactory evidence to be the personsV) whose nameW ❑ OTHER
is/Are subscribed to the within instrument and acknowledged to me thatk0she/tlie'executed
the same in hire/her/11i authorized capacity((W), and that by,hK1her }Wr signature(s) on
the instrument the person(s)or the entity upon behalf of which the persons(9)acted,executed
[he instrument. SIGNER IS REPRESENTING:
Witness my band and official seal. 9 CHYEAN WILLIAMS
CORISIMMJ.#1563927 Ij
gaA NOTARY
SAN BERNARDINO COUNTY' `�M�0 N 1"7 I ES
Sign�,d Notary 1�.IS-My Comm.Expires Mar.25,2009
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this
certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DATE of DOCUMENT
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above
i
NOTICE OF SPECIAL MEETING OF THE BOARD OF DIRECTORS
OF CENTURY HOMES COMMUNITIES,A CALIFORNIA CORPORATION
On April 4, , 2005 at 10:00 a.m., a Special Meeting of the Board of Directors of Century Homes Communities was held at
the Corporation's office at 1535 So. "D" Street, San Bernardino, California:
SIGNING AUTHORIZATION: RATIFICATION OF PRIOR ACTS
WHEREAS, the Corporation is the general partner of Century Crowell Communities, L.P., a
California limited partnership ("Century Crowell").
WHEREAS, Century Crowell was formed for the purpose of acquiring land and developing same
with single family homes.
WHEREAS, the Corporation has determined that it is in the best interests of Century Crowell that
ownership in each Century Crowell project ("Project") be vested in a limited liability company or limited partnership
("Project Entity").
WHEREAS, primary responsibility for management of the Projects has been delegated to
Michael Mandilakis,Vice President of Land Acquisition, Michael Reed, Vice President of Project Development or Betty
Williams Vice President of Palm Springs Division and the Corporation's Project Managers, who are Sharon Merritt,
Kenneth Kim, Jerold Herman, Randolph Madrid, Allen West, Debi Myers and Lillian Bass.
RESOLVED, that in connection with the development of any Project, any Project Manager (or
Gary Weintraub as Vice President or Assistant Secretary) is authorized to sign on behalf of the Corporation, as general
partner of Century Crowell, acting in its capacity as Managing Member or General Partner of any Project Entity, and as
general contractor to the Projects, any and all documents in connection with plan checks, permits, entitlements, and all
other documents relating to city, county,water district and other governmental agency actions respecting the Projects.
RESOLVED, that in connection with the development of any Project, either Gary Weintraub, as
Sr. Vice President, or Tony P. Scimia acting as Assistant Secretaries, signing alone or, if required, either Gary Weintraub,
Elizabeth Williams, Michael Reed or Tony P. Scimia, together or individually together with any Project Director are
authorized to sign on behalf of the Corporation, as General Partner of Century Crowell, acting in its capacity as Managing
Member or General Partner of any Project Entity, surety bonds, and all documents relating to same, in connection with the
Projects.
RESOLVED, that Dennis Harrison, Tony P.,Scimia, Michael Mandilakis or Michael Reed are
authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Managing
Member or General Partner of any Project Entity and as general contractor to the Projects, all documents as required for
the issuance of the DRE Public Report for the Projects,
RESOLVED, that Candace Trade, Lawrence Nordstrom, Michael Mandilakis, Michael Reed or
Wanda Robinson are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its
capacity as Managing Member or General Partner of any Project Entity, all documentation as required for submission
and/or consummation of any Public Financing Arrangement(i.e. Assessment Districts, Community Facility Districts, etc.)
in connection with tine projects.
RESOLVED, that Dennis Harrison, Tony P. Scimia or Michael Mandilakis are authorized to sign
on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Managing Member or
General Partner of any Project Entity and as general contractor to the Projects, all Purchase and Sales Contracts, Escrow
Instructions, Deeds of Trust, Notices of Completion and any other documents needed to sell and close escrows on homes
in our projects.
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Updminweslcarpoml\OIODOI doc
RESOLVED, that John Pavelak, Gary Weintraub, Wanda Robinson, Tony Scimia are authorized
signers on all deposit accounts (checking, savings, time certificates, etc.) and that two (2) signatures are required on all of
the before mentioned deposit account as regards all checks, withdrawal instruments, etc., drawn on the accounts.
RESOLVED, that John Pavelak, Gary Weintraub, George Mooradian, Michael Mandilakis,
Elizabeth Williams or Michael Reed are authorized signers on all Recorded Tract Maps on behalf of the Corporation, as
general partner of Century Crowell.
RESOLVED, that copies of these Minutes may be provided to any person or public agency
requiring evidence of authorization. ALL SUCH PERSONS OR PUBLIC AGENCIES ARE HEREBY PUT ON
NOTICE THAT ALL AUTHORIZED SIGNATORIES HEREUNDER ARE SIGNING ONLY IN THE
CAPACITIES SET FORTH HEREIN AND ARE NOT INDIVIDUALLY OR PERSONALLY LIABLE FOR ANY
DEBTS OR OBLIGATIONS OF THE CORPORATION,CENTURY CROWELL OR ANY PROJECT ENTITY.
All Directors were present and unanimously consented to the above.
DATE: April 4, 2005 AT
QR l^��1'I"nYn1
hn W.Pavelak, PrerL �—
ry ntraub, Assistant Secretary
❑p.\minumsko"m11010801 doc
CITY OF PALM SPRINGS
ENGINEER'S REPORT
PARKWAY MAINTENANCE DISTRICT NO. 10
(MOUNTAIN GATE)
ANNEXATION NO. 1
TRACT 32028-1 AND TRACT 32028 (MOUNTAIN GATE II)
FISCAL YEAR 2005/2006
OF PALM 9
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M a��OpPl Eo y3
Cq<I ro R��P
Intent Meeting: June 15, 2005
Public Hearing: July 20,2005
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1
ENGINEER'S REPORT AFFIDAVIT
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 II)
City of Palm Springs,
County of Riverside, State of California
This Engineer's Report and the enclosed budget, assessments, descriptions and diagrains outline the
proposed annexation of territory identified as Mountain Gate II, Tracts 32028-1 and 32028 to the
Pahn Springs Parkway Maintenance District No. 10 (Mountain Gate); and includes each lot, parcel,
and subdivision of land within said annexation territory, as the same existed at the tune 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.
Dated dus day of .� G 12005.
MuniPinancial O
Assessment Engineer
On Behalf of the City of Palm Springs
By:
Jun Mc e ,a�EI
Senior Project Manager y�
No.16742
By:��v1G�Y
a
1 ` �CAL4C�"
Richard Kopecicy / !�
R. C. E. # 16742
a
ENGINEER'S REPORT AFFIDAVIT
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 II)
City of Palm Springs,
County of Riverside, State of California
This Engineer's Report and the enclosed budget, assessments, descriptions and diagrams outline the
proposed annexation of territory identified as Mountain Gate II, Tracts 32028-1 and 32028 to the
Palm Springs Parkway Maintenance District No. 10 (Mountain Gate); and includes each lot, parcel,
and subdivision of land 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
snaps 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.
Dated this day of 2005.
MuniFinancial
Assessment Engineer
On Behalf of the City of Palm Springs
By.
Jim McGuire
Senior Project Manager
By:_
Richard Kopecky
R. C. E.# 16742
CITY CLERK'S CERTIFICATION OF FILING
ENGINEER'S REPORT
PARKWAY MAINTENANCE DISTRICT NO. 10 (MOUNTAIN GATE)
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,
Californua, for the purposes of conducting a property owner balloting on the proposed assessments
described herein, on the_day of ,2005.
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 the Assessment Roll thereto attached, was approved and confirmed by the City
Council of the City of Palm Springs,California,on the_day of 12005.
James Thompson, City Clerk
City of Palm Springs
County of Riverside, California
TABLE OF CONTENTS
EXECUTIVE SUMMARY.......................................................................................................3
A. INTRODUCTION.......................................................................................................3
B. OVERVIEW..................................................................................................................5
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..................................................................9
A. OVERVIEW..................................................................................................................9
B. BENEFIT ANALYSIS .................................................................................................9
C. ASSESSMENT METHODOLOGY........................................................................... 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. 1.............................................. 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
Lighting Act of 1972, Part 2 of Disision 15 of the California Streets and Higlnw)s Cafe (hereafter
referred to as the "1972 Act"), and in compliance with the substantive and procedural
requirements of the California Siate COnstimionAr6dff 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 Califomia (hereafter referred to as "City"), iri
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").MuniFinancial 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 known as
Tract 32028-1 and Tract 32028 (Mountain Gate II). 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 within 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 maximi m
assessment rate that establishes limits on future assessments, but also provides for
reasonable cost adjustments due to inflation without the added expense of additional
property owner protest ballot proceedings.
() ;NIT
MuniFinawd Page 3
Engineer's Report
Landscape Maintenance District No. 10
Annexation No. 1 — Tracts 32028-1 8c 32028 (Mountain Gate II)
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 fiord 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 maximum 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 apportionment.
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 the
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 identified 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 time 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 trade 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 listing 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 initial 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
Munifimnad *K1`1
Engineer's Report
Landscape Maintenance District No. 10
Annexation No. 1 — Tracts 32028-1 &32028 (Mountain Gate II)
first fiscal year (2005/2006). Therefore the assessment roll also includes the proposed
assessment amounts to be applied on the tax rolls for fiscal year 2005/2006.
B. 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 I I I and Gateway Drive as well as
specific public areas within the development. The annexation of Tracts 32028-1 and 32028
(Mountain Gate 11) subdivision, (Annexation No. 1), will expand the western boundaries of
the existing District and will facilitate the maintenance and operation of additional landscape
improvements along State Highway I I I installed in connection with the development of the
residential properties within the Mountain Gate II 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 Cotmty Assessor's Office. The Riverside
County Auditor/Controller uses Assessment Numbers and specific Ftmd 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 XIIID Section 4. In conjunction with this ballot proceeding,
the City Cotmcil will conduct a noticed public hearing to consider public testimonies,
comments and written protests regarding the annexation of territory to Parkway
Maintenance District No. 10 and the levy of related assessments. Upon conclusion of public
testimony at the public hearing, properly owner protest ballots received will be opened and
tabulated to determine whether majority protest exists (ballots shall be weighted based on
assessment amounts) for the 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 submitted or amended), approve the annexation of Tracts 32028-1 and 32028 to
the District, and order the levy 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.
MuniFinaw d Page 5
Engineer's Report
Landscape Maintenance District No. 10
Annexation No. 1 — Tracts 32028-1 &32028 (Mountain Gate II)
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 III 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 within 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 Tramview 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.
MuniFzwwal 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, cutting and filling, sod, landscaping,
irrigation systems,sidewa1s, 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, trimming, 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;
f) 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;
Munffimw d Page
Engineer's Report
Landscape Maintenance District No. 10
Annexation No. I — Tracts 32028-1 &32028 (Mountain Gate II)
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 attomey employed to render services;
e) Any other expenses incidental to the construction, installation, or maintenance and
servicing of the improvements;
f) 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 sprinkler irrigation and emitter drip system, landscape drainage
system, walkways and associated appurtenant facilities located in the dedicated landscaped
parkway(street right-of-way) on the north side of State Hghway I I I 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.
MuniFimmzal Pad 8
Engineer's Report
Landscape Maintenance District No. 10
Annexation of Tracts 32028-1 &32028 (Mountain Gate II)
PART II - METHOD OF APPORTIONMENT
A. OVERVIEW
The 1972 Act pennits the establishment of assessment districts by agencies for the purpose
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 anvcmt to k assessed upon lands within an assessment district mzy be apporcronecl by any
fonnzda or rretbcd d,ndr fairly distributes the net am" anmg all assessable lobs or parcels in
proportion to the estz"tedWts to be mazied by wod such lot or parcel from the inpvwn-rrts."
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 maybe assessed.
B. BENEFIT ANALYSIS
The proposedunprovements 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 apportionment (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 proximity to those properties.
MuniFirraM d Pale 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 improved 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 crimes (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 the 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
budgets and assessments for each of the two overall developments (Mountain Gate and
MuniFimmid Page 10
Engineer's Report
Landscape Maintenance District No. 10
Annexation of Tracts 32028-1 &32028 (Mountain Gate II)
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 1 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 the 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 Parl way Maintenance District
No. 10. Therefore the net annual cost of mairitaining 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 within the
development shall be assessed for the net annual costs associated with the ongoing
maintenance of those improvements. 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 through 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 III (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; improved 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 represent by an estimated ten percent (10%) increase in their 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 known as an Equivalent Benefit Unit (EBU) methodology
has been utilized to calculate a corresponding and equitable assessment for each parcel. It
C)P,
MunffimmU Page 11
Engineer's Report
Landscape Maintenance District No. 10
Annexation of Tracts 32028-1 &32028 (Mountain Gate II)
has been determined that all residential parcels within the development that are not
immediately adjacent to the improvements installed along State Highway I I I 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 detemnined that the
residential parcel immediately adjacent to the improvements installed along State Highway
III 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 Lev) '), then dividing
that amount bythe 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
("Levyper EBU") bythe EBU assigned to each parcel.
Levy per EBU x Each Parcel's Individual EBU =Parcel Levy Amount
Since each residential parcel not inunediately adjacent to the improvements installed along
State Highway 111 has been assigned 1.0 EBU, the assessment obligation for each these
residential parcels will be equal to the annual assessment rate. Since each residential parcel
immediately adjacent to the improvements installed along state I-Iighway Ill has been
assigned 1.1 EBU, the assessment obligation for each residential of these parcels will be
equal to L I times the annual assessment rate.
D. ASSESSMENT RANGE FORMULA
Any new or increased assessment requires certain noticing and meeting requirements bylaw.
Prior to the passage of Proposition 218 (California Constitution Articles )GIIC and)URD),
legislative changes in the Brown Act defined a "new or increased assessment" to exclude
certain conditions. These conditions included "any assessment that does not exceed an
assessment formula or range of assessments previously adopted by the agency or approved
bythe voters in the area where the assessment is imposed."
The purpose of establishing 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 applied to all future
assessments and is generally defined:
Munihmw d 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 NlaximLun 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 cuntent 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 in 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 inflationary adjustment
provided by the preceding Assessment Range Formula, the City must comply with the
provisions of the California 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
imposed.
MuniFimmial Page 13
Engineer's Report
Landscape Maintenance District No. 10
Annexation of Tracts 32028-t &32028 (Mountain Gate II)
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
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.
Watercosts: 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 limited to:
• The cost of Assessment Engineering services including performing annual assessment
engineering, determining existing or estimated costs, retaining of consultants,
preparation of the 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 the
operation and maintenance of the improvements from the beginning of the fiscal year Only
1) until such time 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 Ftmd typically
should not exceed an amount greater than the operational reserve requirements described
above.
MuniFtwmal Page 14
Engineer's Report
Landscape Maintenance District No. 10
Annexation of Tracts 32028-1 &32028 (Mountain Gate II)
B. PROPOSED BUDGET FOR ANNEXATION NO. 1
0 0
Parkway Maintenance District No. 10
Annexation No. 1 (Mountain Gate II)
e _ oe at
e '
Maintenance Costs for Highway 111 Landscaping $ 44,844 $ 22,422
(Maintenance cost estimate by Pao 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
(estimated 5%) 4,405 2,203
City Administration Costs
(estimated 10%) 8,809 8,809
Direct Costs (Subtotal) $ 101,308 $ 55,059
ILID 4gotN[6JmY1{r,�ii:4Ili&-i TWA � r
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
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
10pl-Ye
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 in two equal installments.
GT"°711
MuniFiwwd 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 known 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. I 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 this 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 constitute the
Assessment Diagram for Annexation No. 1. The maximum 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,
MuniFimmd Page 16
ASSESSMENT DIAGRAM FOR
ANNEYATION
CITY OFPALM SPRINGS,COUNTY OF RIVERSIDE,STATE DISTRICT 10
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MuniFimrc,d
ASSESSMENT DIAGRAM FOR
ANNEXATION NO. 1 TO PARKWAY MAINTENANCE DISTRICT NO. 10
CITY OF PALM SPRINGS,COUNTY OF RIVERSIDE,STATE OF CALIFORNIA
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MuriiFzmr, d Page 18
ASSESSMENT DIAGRAM FOR
ANNEXATION NO. 1 TO PARKWAY MAINTENANCE DISTRICT NO. 10
CITY OF PALM SPRINGS,COUNTY OF RIVERSIDE,STATE OF CALIFORNIA
Page 19 of 3
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MuniFimnad
Page
Engineer's Report
Landscape Maintenance District No. 10
Annexation of Tracts 32028-1 &32028 (Mountain Gate II)
PART 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 time 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 apportiomnent 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 determined by the assessment rates and
method of apportionment described herein:
Fn'
MuniFimndd Page20
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
669-630-001 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 $524.18 $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 $290.72
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 $524.18 $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 $524.18 $290.72
669-630-017 32028-1 Lot 17 SF Residential 1.00 $524.18 $290.72
669-630-015 32028-1 Lot 18 SF Residential 1.00 $524.18 $290.72
669-630-019 32028-1 Lot 19 SF Residential 1.00 $524.18 $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 $524.18 $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 $524.18 $290.72
669-630-034 32028-1 Lot 40 SF Residential 1.00 $524.18 $290.72
669-630-035 32028-1 Lot 41 SF Residential 1.00 $524.18 $290.72
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 $524.18 $290.72
MuniF=mal Pale 21
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
669-630-039 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 $524.19 $290.72
669-630-043 32028-1 Lot 49 SF Residential 1.00 $524.18 $290.72
669-630-044 32028-1 Lot50 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 $524.18 $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 Lot61 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 Lot86 SF Residential 1.10 $576.60 $319.80
669-630-065 32028-1 Lot 87 SF Residential 1.10 $576.60 $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 $576.60 $319.80
669-630-069 32028-1 Lot 91 SF Residential 1.10 $576.60 $319.80
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 $0.00 $0.00
669-640-001 32028-1 Lot25 SF Residential 1.00 $524.18 $290.72
669-640-002 32028-1 Lot 26 SF Residential 1.00 $524.18 $290.72
MuniFinzwd Page 22
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
669-640-003 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 $524.18 $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 1 SF Residential 1.00 $524.18 $290.72
669-640-012 32028 Lot 2 SF Residential 1.00 $524.18 $290.72
669-640-013 32028 Lot 3 SF Residential 1.00 $524.18 $290.72
669-640-014 32028 Lot 4 SF Residential 1.00 $524.18 $290.72
669-640-015 32028 Lot 5 SF Residential 1.00 $524.18 $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 $524.18 $290.72
669-640-026 32028 Lot 16 SF Residential 1.00 $524.18 $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 Lot88 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 $524.18 $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
MuniFinandal Page 23
Engineer's Report
Landscape Maintenance District No. 10
Annexation of Tracts 32028-1 &32028 (Mountain Gate I1)
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 Lot100 SF Residential 1.00 $524.18 $290.72
669-640-044 32028 Lot101 SF Residential 1.00 $524.18 $290.72
669-640-045 32028 Lot102 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 Lot74 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 $0.00
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 Lot26 SF Residential 1.00 $524,18 $290.72
01?1174 3
Munffmm d Page 24
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
669-650-029 32028 Lot 27 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 Lot40 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 $524.18 $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 $524.18 $290.72
669-650-060 32028 Lot 58 SF Residential 1.00 $524.18 $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 $524.18 $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 $524.18 $290.72
MuniFiwndal Page25
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 Lot 69 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 Lot 71 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 Lot 74 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 Lot 85 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
03
n4
MuniFimnud Page 26
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
WHEREAS, the City Council, 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")
desires to initiate proceedings for the annexation of territory known as "Mountain
Gate ll" (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 to pay for the operation, maintenance and
servicing of landscape improvements and appurtenant facilities related thereto;
and
WHEREAS, the Act provides for the annexation of territory to an existing district
pursuant to Chapter 2, Article 2 of the Act, and the levy and collection of
assessments by the County on behalf of the City pursuant to Chapter 4, Article 2
of the Act; and,
WHEREAS, the City has retained MuniFinancial as the Engineer of Work, for the
purpose of assisting with the annexation of territory to the District, the
establishment of annual assessments, and to prepare and file an Engineer's
Report with the City Clerk in accordance with the Act and the provisions of the
California Constitution Articles XIIIC and XIIID.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. The City Council hereby orders MuniFinancial to prepare the
Engineer's Report concerning the annexation of territory to the Palm Springs
Parkway Maintenance District No. 10 ("Mountain Gate'), and the levy and
collection of special benefit assessments on properties therein; said territory
being the residential development known as "Mountain Gate II" (Tracts 32028-1
and 32028), said annexation being designated Annexation No.1.
Section 2. The proposed improvements include the operation, maintenance
and servicing of landscape improvements and appurtenant facilities to be
t-7 n m r�y
Kesotution ivo.
Page 2
provided by the City of Palm Springs in connection with the parkway
improvements installed along State Highway 111 as part of developing the
residential properties within Annexation No. 1 (Tracts 32028-1 and 32028).
These landscape improvements may include, but are not limited to palm trees,
turf areas with mowing strips, desert indigenous trees and ground cover, annual
flowers, a sprinkler irrigation and emitter drip system, landscape drainage
system, walkways and associated appurtenant facilities located in the dedicated
landscaped parkway (street right-of-way) on the north side of State Highway 111
extending the length of Tracts 32028-1 and 32028. Specifically not included as
Annexation No. 1 improvements are:
2a. Landscaped areas located on private property;
2b. Landscaped areas located outside the boundaries of the
annexation territory and District;
2c. Improvements that are funded by other sources available to the
City including other assessments; and
2d. Landscaped areas that are maintained and funded by the
Homeowner's Association including the well site, open space and park areas
within Tracts 32028-1 and 32028.
Detailed maps and descriptions of the location and extent of the proposed
improvements to be maintained are on file in the Office of Public Works and by
reference are made part of this Resolution.
Section 3. The territory of land within Annexation No. 1 includes all lots and
parcels within the residential development known as "Mountain Gate II" (Tracts
32028-1 and 32028), identified as Assessor's Parcel Numbers — Book 669,
Page 63, Parcels 1 through 74; Book 669, Page 64, Parcels 1 through 50; and
Book 669, Page 65, Parcels 1 through 89; including all subsequent parcel
changes, lot line adjustments and subdivisions related thereto.
ADOPTED THIS 15th day of June, 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
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, 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
WHEREAS, the City Council has, by previous Resolution, ordered the
preparation of an Engineer's Report (hereafter referred to as the "Report")
regarding the annexation of territory known as "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 to pay for the 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, there has now been presented to this City Council the Report as
required by Chapter 2, Article 1, Section 22586 of said Act; and,
WHEREAS, the City Council has carefully examined and reviewed the Report as
presented and is preliminarily satisfied with each and all of the budget items and
documents as set forth therein, and is preliminarily satisfied that the proposed
annual assessments have been spread in accordance with the special benefits
properties within Annexation No. 1 will receive from the improvements, operation,
maintenance and services to be performed as part of the District, as set forth in
said Report.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. That the preceding recitals are all true and correct.
Section 2. That the Report as presented, consists of the following:
2a. Plans and specifications that describe the annexation and
improvements.
Kesoiution No.
Page 2
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 commencing in 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 commencing fiscal year 2005/2006.
Section 3. The Report is hereby approved on a preliminary basis (as
submitted or amended), and 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 Maximum Assessment Rate, Assessment Range Formula and
method of apportionment described in the Report are hereby approved on a
preliminary basis, and shall be submitted to the property owners within
Annexation No. 1 for approval pursuant to the provisions of the California
Constitution Article XIIID (Proposition 218).
Section 5. The City Clerk shall certify to the passage and adoption of this
Resolution, and the minutes of this meeting shall so reflect the presentation of
the 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 ) 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
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, 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
WHEREAS, the City Council, 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
by previous Resolution, has initiated proceedings for the annexation of territory
known as "Mountain Gate ll" (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 to pay for the operation,
maintenance and servicing of landscape improvements and appurtenant facilities
related thereto; and,
WHEREAS, the City Council desires to annex the territory of land 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. 1 to pay the cost and
expenses related to the improvements described in Section 3 of this Resolution;
and,
WHEREAS, the Engineer has prepared and filed with the City Clerk a Report in
connection with the annexation, and the levy of assessments commencing with
Fiscal Year 2005/2006 (July 1 , 2005 and ending June 30, 2006) in accordance
with Chapter 1, Article 4 of the Act; and the Council did by previous Resolution
preliminarily approve such Report.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. The City Council hereby declares its intention to annex to the
District all parcels of land within the residential subdivision known as "Mountain
Kesoiution No.
Page 2
Gate II" (Tracts 32028-1 and 32028); and to levy and collect annual assessments
against parcels of land therein commencing with fiscal year 2005/2006.
Section 2. The territory of land within Annexation No. 1 includes all lots and
parcels within the residential development known as "Mountain Gate II" (Tracts
32028-1 and 32028), identified as Assessor's Parcel Numbers — Book 669,
Page 63, Parcels 1 through 74; Book 669, Page 64, Parcels 1 through 50; and
Book 669, Page 65, Parcels 1 through 89; including all subsequent parcel
changes, lot line adjustments and subdivisions related thereto.
Section 3. The proposed improvements include the operation, maintenance
and servicing of landscape improvements and appurtenant facilities to be
provided by the City of Palm Springs in connection with the parkway
improvements installed along State Highway 111 as part of developing the
residential properties within Annexation No. 1 (Tracts 32028-1 and 32028).
These landscape improvements may include, but are not limited to palm trees,
turf areas with mowing strips, desert indigenous trees and ground cover, annual
flowers, a sprinkler irrigation and emitter drip system, landscape drainage
system, walkways and associated appurtenant facilities located in the dedicated
landscaped parkway (street right-of-way) on the north side of State Highway 111
extending the length of Tracts 32028-1 and 32028. Specifically not included as
Annexation No. 1 improvements are:
2a. Landscaped areas located on private property;
2b. Landscaped areas located outside the boundaries of the
annexation territory and District;
2c. Improvements that are funded by other sources available to the
City including other assessments; and
2d. Landscaped areas that are maintained and funded by the
Homeowner's Association including the well site, open space and park areas
within Tracts 32028-1 and 32028.
Detailed maps and descriptions of the location and extent of the proposed
improvements to be maintained are on file in the Office of Public Works and by
reference are made part of this Resolution.
Section 4. The proposed assessments for Annexation No. 1 are outlined in the
Engineer's Report. The Report details the assessments necessary to provide for
the annual operation, administration, services and maintenance of the
improvements 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 record within
Annexation No. 1 for approval pursuant to the provisions of the California
Kesolution No.
Page 3
Constitution Article XIIID (Proposition 218). The Engineer's Report also identifies
the proposed assessment for the first fiscal year (2005/2006).
Section 5. The City Council hereby declares its intention to conduct a Public
Hearing concerning the annexation of territory to the District, and the levy of
assessments for the improvements in accordance with Chapter 2, Article 1,
Section 22587, (e); of the Act. Any interested person may file a written protest
with the City Clerk prior to the conclusion of the hearing, or having previously
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 identify the property owned by such property owner. At
the public hearing, all interested persons shall be afforded the opportunity to hear
and be heard.
Section 6. Notice is hereby given that a Public Hearing on these matters will
be held by the City Council on Wednesday July 20, 2005 at 6:00 p.m., or as soon
thereafter as feasible in the City Council Chambers at City Hall, located at 3200
E. Tahquitz Canyon Way, Palm Springs, California.
Section 7. The City Clerk shall cause notice to be given 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 before 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 intention to conduct a public
hearing regarding Annexation 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 proceeding conducted for
Annexation No. 1 shall constitute the property owners' approval or rejection of
the annual levy of assessments and assessment range formula. A notice of the
hearing and ballot shall be distributed by first class mail to the property owners of
record within Annexation No. 1 subject to an assessment, pursuant to the
California Constitution Article XIIID. Each property owner (landowner) may return
the ballot by mail or in person to the City Clerk no later than the conclusion of
public testimony at the Public Hearing on Wednesday, July 20, 2005. Valid
property owner protest ballots must be completed and 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 returned
and tabulate the ballots pursuant to the California Constitution Article XIIID
Section 4, Sub-Section 4 (e). The ballots shall be weighted according to the
rarer
Kesoiunon ivo.
Page 4
proportional financial obligation of the affected properties to determine if majority
protest exists. Majority protest exists if the ballots submitted in opposition to the
assessment exceed the ballots submitted in favor of the assessment.
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 mailing, mail property owner protest ballots to the subject property
owners of record regarding the proposed levy of the assessments and the
assessment range formula 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 ) 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
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California