HomeMy WebLinkAbout9/15/2004 - STAFF REPORTS (28) DATE: September 15, 2004
TO: City Council
FROM: Director of Public Works/City Engineer
ASSESSMENT DISTRICT 164
RECOMMENDATION:
It is recommended that the City Council approve various Resolutions related to the
proposed formation of a 1913 Act Assessment District, using 1915 Act Bonds for certain
eligible public improvements for the development project known as Mountain Gate II
consisting of Tract No. 32028 and 32028-1, located on the northeast side of State Highway
111 north of Gateway Drive, and four lots within the Desert Highland Estates Tract located
north of Las Vegas Road between Granada Avenue and El Dorado Boulevard and one lot
in the Palm Springs Gateway Estates Tract located at the northeast corner of Las Vegas
Road and Jiminez Circle.
SUMMARY:
On July 28, 2004, the City Council approved an application submitted by Mountain Gate
II Palm Springs Ventures, LLC for further processing of the formation of Assessment
District 164.
The City Council's authorization directed staff to select and negotiate contracts with
consultants for an assessment engineer's report, appraisal and market absorption study;
and authorized staff to collect necessary deposits from the applicant to fund consultant
contracts.
A Resolution of Intention is required to be adopted by the City Council to commence
proceedings to form Assessment District 164 and to approve the Preliminary Engineer's
Report detailing the estimated costs to be financed by Assessment District 164 through the
future issuance of Assessment District Bonds, as well as a general description of the
improvements to be funded. If the Resolution of Intention is adopted, a date for a public
hearing will be set not less than 45 days later at which time the remaining formation
proceedings will be conducted.
BACKGROUND:
Mountain Gate II Palm Springs Ventures, LLC, is the developer for Tentative Tract No.
32028 and 32028-1 located on the northeast side of State Highway 111 north of Gateway
Drive. The Tentative Tract Map was approved by City Council on July 7, 2004 , but the
Final Maps have not yet recorded. The Two Final Maps together consist of a total of 196
single family residential lots. In addition, five other lots located in the Desert Highland
Estates and Palm Springs Gateway Estates Tracts are also included in this Assessment
District.
Carlos Cueva of Mountain Gate II Palm Springs Ventures, LLC has submitted an
application for formation of a 1913 Act Assessment District using 1915 Act Bonds for the
public improvements for this development in accordance with the City's Statement of
Policies and Procedures for Special Assessment and Mello-Roos Community Facility
District (CFD) Municipal Bond Financing for Public Improvements for Development
Projects, apre-application conference with staff was held and the applicant submitted a
Assessment District 164
September 15, 2004
Page 2
$10,000 initial application fee. On March 24, 2004, the applicant met with the City's
Special Districts Committee to review the proposed application. The Committee had a
number of concerns with the application that were expressed to the applicant,who revised
the application in response to those concerns. The Committee reconvened on
July 1, 2004 and on July 28, 2004 City Council approved the application for further
processing.
Accordingly, staff entered or is in the process of entering into contracts with the following
consultants as necessary to proceed with the formation of Assessment District 164: Albert
A. Webb Associates for assessment engineering services (contract cost$25,000); Harris
Realty Appraisal for appraisal services (contract cost $18,000); and Empire Economics,
Inc., for the market absorption study services (contract cost$12,500). The applicant has
submitted the necessary deposit to cover the contract costs for these service contracts.
The applicant is proposing that the Assessment District fund utility undergrounding, public
sewer improvements,water improvements, landscaping improvements, sewer fees,water
fees, engineering costs, and all district formation and financing costs for the development
project.
A Resolution of Intention is required to be adopted by the City Council to commence
proceedings to form Assessment District 164 and to approve the Preliminary Engineer's
Report detailing the estimated costs to be financed by Assessment District 164 through the
future issuance of Assessment District Bonds, as well as a general description of the
improvements to be funded. If the Resolution is adopted, a date for a public hearing will
be set not less than 45 days later at which time the remaining formation proceedings will
be conducted. The hearing is to be scheduled for Nov 17, 2004.
After the formation of Assessment District 164 is complete, the City will be the issuer of the
tax-exempt obligations for the Assessment District. The City does not incur any obligation
for the subject debt, which will be secured and payable solely from assessments on the
property within Assessment District 164 and will constitute a foreclosure lien on such
property if unpaid.
The Assessment District Bonds would fund construction of the public improvements,
incidental expenses and bond issuance costs. The estimated assessment per lot is
$17,600 for each Ventana Series home and $22,000 per lot for each El Dorado series
home, both within Tracts 32028 and 32028-1. The estimated assessment is $6,000 per
lot for the five other lots. The Assessment District Bonds would be issued shortly after the
formation proceedings are completed.
The City Council's approval of the Resolution of Intention in no way commits the City to
any financial contribution or liability to repay the bond indebtedness. To conform with the
City's Policy regarding Assessment Districts, the Assessment District Bonds will not be
issued until the total combined appraised land and improvement values are at least 4 times
the estimated assessments. The overall tax rate after the Assessment District Bonds are
issued, including assessments, cannot exceed 2% of property values. avffzl�
Assessment District 164
September 15, 2004
Page 3
SUBMITTED:
,P�g1L
DAVID J. BARAKIAN
Director of Public Works/City Engineer
APPROVED:
DAVID H. READY LL�
City Manager
ATTACHMENTS:
1. Resolutions (4)
2. Preliminary Engineer's Report
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, SETTING FORTH TERMS AND CONDITIONS
UNDER WHICH THE CITY WILL COMMENCE PROCEEDINGS FOR
CREATION OF AN ASSESSMENT DISTRICT WITHIN SAID CITY;
CREATING A SEPARATE FUND INTO WHICH SHALL BE DEPOSITED
MONEYS ADVANCED BY THE OWNER OF PROPERTY WITHIN THE
PROPOSED ASSESSMENT DISTRICT; PROVIDING FOR THE USE
AND INVESTMENT OF SUCH FUNDS; PROVIDING FOR THE
REIMBURSEMENT OF SUCH FUNDS FROM FUTURE BOND
PROCEEDS; AND MAKING CERTAIN FINDINGS AND
DETERMINATIONS IN CONNECTION THEREWITH.
Assessment District No. 164
(Mountain Gate II)
WHEREAS, this City Council of the City of Palm Springs (the "City") has been
requested by the owner of certain property within the City to form an Assessment District
("Assessment District 164") for the purpose of acquiring and constructing certain public
improvements benefiting such owner; and
WHEREAS, this City Council has retained the services of bond counsel for the
purpose of assisting in the formation of Assessment District 164 and the financing
thereof; and
WHEREAS, the Engineer of Work has prepared certain preliminary maps,
estimates and other documents required for the formation of the proposed Assessment
District; and
WHEREAS, such owner has requested that further proceedings be taken by this
City Council for the formation of said Assessment District; and
WHEREAS, said Engineer of Work has informed the City that the initial design
engineering, mapping, and other services required in connection with the formation of
such Assessment District will require the City to have funds available in the amount of
$343,326; and
WHEREAS, the City is unwilling to put existing City funds at risk to pay such
costs; and
WHEREAS, said owner has expressed a willingness to advance $343,326 (the
"Initial Deposit") to the City under the terms and conditions hereinafter set forth for the
purpose of making such funds available for said initial engineering services and certain
other costs and expenses related to formation of Assessment District 164 and the
issuance of bonds to fund the acquisition and construction of the public improvements;
NOW, THEREFORE, the City Council of the City of Palm Springs, California
DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER as follows:
Section 1. That the recitals set forth hereinabove are true and correct in all
respects.
Section 2. That this City Council hereby creates a fund to be known as "City
of Palm Springs, Assessment District No. 164 Preliminary Expense Fund," into which
fund there shall be deposited moneys advanced by the owner of property within
proposed Assessment District No. 164 in the amount set forth on Exhibit A attached
hereto.
Section 3. That the amount to be advanced to the City is set forth on said
Exhibit A and that upon receipt of such sum set forth thereon, the City shall direct the
Engineer of Work to prepare plans and specifications, detailed cost estimates, and a
preliminary assessment diagram and assessment roll for the purpose of meeting the
requirements of the Municipal Improvement Act of 1913, as such requirements apply to
the preparation of the Engineer's Report.
Section 4. That moneys held in said fund may be invested by the City in the
manner in which other City funds are invested.
Section 5. That in the event that said Assessment District is formed and
bonds are sold to provide funding for the improvements to be acquired and constructed
in connection with said proceedings, moneys advanced by such owner shall be
reimbursed from the proceeds of the bonds to such owner in the amount of the Initial
Deposit, together with such interest as may have been earned on the investment of such
funds by the City. Such interest to the extent earned shall be prorated in accordance
with the advances of funds made by the owner set forth on Exhibit A. Such reimbursed
funds shall not include any owner contribution to the project.
Section 6. That in the event that such Assessment District is not formed, the
City will reimburse any funds remaining in said fund to such property owner, together
with interest as may have been earned thereon; provided that nothing herein contained
shall require the City to reimburse or refund any moneys other than those advanced by
such property owner.
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2
ADOPTED this day of 2004
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By:
City Manager
City Clerk
REVIEWED &APPROVED
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3
EXHIBIT A
Mountain Gate II Palm Springs Ventures, LLC (Tracts 32028 and 32028-1) $343,326.
4
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA DECLARING ITS INTENTION TO FORM A
1913 ACT ASSESSMENT DISTRICT, USING 1915 ACT
BONDS TO MAKE ACQUISITIONS AND CERTAIN ELIGIBLE
PUBLIC IMPROVEMENTS, AND DIRECTING THE
PREPARATION OF A PRELIMINARY ENGINEER'S REPORT
FOR MOUNTAIN GATE II TRACTS 32028 AND 32028-1 BY
MOUNTAIN GATE II PALM SPRINGS VENTURES, LLC;
ASSESSMENT DISTRICT NO. 164.
WHEREAS, on January 22, 1992, the City Council of the City of Palm Springs
adopted Resolution No. 17774 adopting Policies and Procedures for Special District
Municipal Bond Financing (the "City Policies") for certain public improvements for City and
private development projects, under the 1911, 1913, 1915 Acts and 1972 Community
Facilities District Act; and
WHEREAS, on April 3, 2002, the City Council of the City of Palm Springs adopted
Resolution No. 20304, which amends Resolution No. 17774, to allow municipal bond
financing for single family subdivisions; and specifying a 2-percent maximum Special Tax per
property, including the general property tax; requiring a District Application Form; establishing
a$10,000 Application Fee, for developers to pay for City staff costs for the district formation
process; and approved a Disclosure Statement form to be signed by each prospective home
buyer within the district to disclose all district costs and declare that a municipal bond would
be issued which would cause an assessment to be placed on each property owner's tax bill
for a period of years, including a covenant that runs with the land in all title reports; and
WHEREAS, Mountain Gate II Palm Springs Ventures, LLC, a Delaware limited liability
company and an experienced land developer (the "Developer"), wishes to construct the
"Mountain Gate ll" development (Tracts 32028 and 32028-1) and is in compliance with
Resolutions No. 17774 and 20304 and has completed the required District Application Form
and paid the required $10,000 Application Fee with intent to construct a 201 Unit single
family home subdivision located at the southwest corner of Palm Canyon Drive, to the west
of the existing Mountain Gate Project in the City of Palm Springs, using Municipal Bond
financing for certain eligible public improvements for Tracts 32028 and 32028-1; and
WHEREAS, Developer has completed the required District Application Form and
paid the required $10,000 Application Fee, and the District Application requests formation of
an assessment district ("Assessment District 164") with a total assessment amount of
$3,836,000 which is above the minimum assessment amount of$2,000,000 established by
the City's Policies; and
WHEREAS, the City Council considered the District Application and the Special
Districts Committee's recommendations for further consideration and processing of
Assessment District 164 at its July 28, 2004, meeting, and authorized staff to proceed with
the formation of Assessment District 164; and
WHEREAS, City staff have entered into a contract services agreement with Albert A.
Webb Associates to serve as the City's Assessment Engineer for Assessment District 164,
and it has prepared a Preliminary Engineer's Report (the "Engineer's Report") for
consideration of the formation of Assessment District 164.
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NOW, THEREFORE, BE IT RESOLVED, as follows:
1. Intention. The public interest, convenience and necessity require, and this City
Council intends to order the making of the construction of certain public improvements,
together with the acquisition of all easements, rights-of-way, and lands necessary therefor
described in Exhibit "A" attached hereto and made a part hereof.
2. Law Applicable. Except as herein otherwise provided for the issuance of bonds,
all of the work shall be done as provided in the Municipal Improvement Act of 1913, Division
12 of the Streets and Highways Code of California (the "Code").
3. Nature and Location of and Grades for Improvements. All of the work and
improvements are to be constructed at the places and in the particular locations, of the
forms, sizes, dimensions and materials, and at the lines, grades and elevations, as shown
and delineated upon the plans, profiles and specifications to be made therefor,as hereinafter
provided. There is to be excepted from the work above described any of such work already
done to line and grade and marked excepted or shown not to be done on the plans, profiles
and specifications. Whenever any public way is herein referred to as running between two
public ways, or from or to any public way, the intersections of the public ways referred to are
included to the extent that work is shown on the plans to be done therein. The streets and
highways are or will be more particularly shown in the records in the office of the County
Recorder of the County of Riverside, State of California, and shall be shown upon the plans.
For a general description of the area to be included in Assessment District No. 164 of the
City of Palm Springs, reference is hereby made to a map which is on file with the City Clerk,
4. Change of Grade. Notice is hereby given of the fact that in many cases the work
and improvements will bring the finished work to a grade different from that formerly existing,
and that to the extent the grades are hereby changed, the work will be done to the changed
grades.
5. Work on Private Property. In cases where there is any disparity in level or size
between the improvements proposed to be made herein and private property and where it is
more economical to eliminate such disparity by work on the private property than by
adjustment of the work on public property, it is hereby determined that it is in the public
interest and more economical to do such work on private property to eliminate such disparity.
In such cases, the work on private property shall, with the written consent of the owner of
the property, be done and the actual cost thereof may be added to the proposed assessment
of the lot on which the work is to be done.
6. Official Grades. This Council does hereby adopt and establish as the official
grades for the work the grades and elevations to be shown upon the plans, profiles and
specifications. All such grades and elevations are to be in feet and decimals thereof with
reference to the datum plane of this City.
7. Descriptions- General. The descriptions of the acquisitions and improvements
and the termini of the work contained in this Resolution are general in nature. All items of
work do not necessarily extend for the full length of the description thereof. The plans and
profiles of the work and maps and descriptions as contained in the Engineer's Report,
hereinafter directed to be made and filed, shall be controlling as to the correct and detailed
description thereof.
8. Special Benefit and Boundary Map. The contemplated acquisitions and
improvements, in the opinion of this Council, are of more than local or ordinary public benefit,
and the costs and expenses thereof are made chargeable upon an assessment district, the
exterior boundaries of which are shown on a map thereof on file in the office of 2
the City Clerk, to which reference is hereby made for further particulars. The map indicates
by a boundary line the extent of the territory included in the proposed district and shall govern
for all details as to the extent of the assessment district.
9. Filing of Boundary Map. The City Clerk is directed to file a copy of the Boundary
Map with the County Recorder not later than 15 days after the adoption of the Resolution
setting a time and place for a public hearing on the Engineer's Report.
10. Engineer's Report. Albert A. Webb Associates is the Engineer for this
Assessment District(the"Engineer of Work"), and the Engineer of Work is hereby directed to
make and file with the City Clerk a final Engineer's Report in writing, presenting the following:
(a) Maps and descriptions of the lands and easements to be acquired, if any;
(b) Plans and specifications of the proposed improvement if the
improvements are not already installed. The plans and specifications do not need to
be detailed and are sufficient if they show or describe the general nature, location,
and extent of the improvements. If the assessment district is divided into zones, the
plans and specifications shall indicate the class and the type of improvements to be
provided for each zone. The plans or specifications may be prepared as separate
documents, or either or both may be incorporated in the Engineer's Report as a
combined document.
(c) A general description of works or appliances already installed and any
other property necessary or convenient for the operation of the improvements, if the
works, appliances, or property are to be acquired as part of the improvements.
(d) An estimate of the cost of the improvements and of the cost of lands,
rights-of-way, easements, and incidental expenses in connection with the
improvements, including any cost of registering bonds.
(e) A diagram showing, as they existed at the time of the passage of this
Resolution, all of the following:
(1) The exterior boundaries of the assessment district.
(2) The boundaries of any zones within the district.
(3) The lines and dimensions of each parcel of land within the
district.
Each subdivision, shall be given a separate number upon the diagram. The
diagram may refer to the county assessor's maps for a detailed description of the
lines and dimensions of any parcels, in which case those maps shall govern for all
details concerning the lines and dimensions of the parcels.
(f) A proposed assessment of the total amount of the cost and expenses of
the proposed improvement upon the several subdivisions of land in the district in
proportion to the estimated benefits to be received by each subdivision, respectively,
from the improvement. In the case of an assessment for installation of planned local
drainage facilities which are financed, in whole or in part, pursuant to Section 66483
of the California Government Code, the assessment levied against each parcel of
subdivided land may be levied on the basis of the proportionate storm water runoff
from each parcel. The assessment shall refer to the subdivisions by their respective
numbers as assigned pursuant to subdivision (e).
(g) A proposed maximum annual assessment upon each of the several
subdivisions of land in the district to pay costs incurred by this City and not otherwise
reimbursed which result from the administration and collection of assessments or
from the administration or registration of any associated bonds and reserve or other
related funds.
(h) Included in the incidental expenses to be assessed against properties
located within Assessment District No. 164 shall be the following:
(i) A special reserve fund for the bonds to be issued(as set forth
in Section 11 below), which fund is to be established pursuant to Part 16 of
Division 10 of the Code, Sections 8880 et sec., in an amount not to exceed
ten percent (10%) of the proceeds of said bonds.
(ii) Capitalized interest on said bonds for a period of not to exceed
two years from their date of issue.
(iii) Initial fees of a trustee for said bonds to be selected by the
Director of Finance of the City.
When any portion or percentage of the costs and expenses of the acquisitions and
improvements is to be paid from sources other than assessments, the amount of such
portion or percentage shall first be deducted from the total estimated cost and expenses of
the acquisitions and improvements, and the assessment shall include only the remainder of
the estimated cost and expenses.
11. Issuance of Bonds. Serial bonds or term bonds, or both, (the "Bonds") bearing
interest at a rate not to exceed twelve percent(12%) per annum shall be issued to represent
each assessment remaining unpaid for thirty (30) days after the date of recordation of the
Notice of Assessment. The last installment of the bonds shall mature a maximum of twenty-
five (25)years from the second day of September next succeeding twelve (12) months from
their date. The bonds are as authorized under the Code, and are to be issued pursuant to
and as provided in the Improvement Bond Act of 1915, Division 10 of the Code.The principal
amount of bonds maturing, or subject to mandatory redemption from sinking fund
installments in the case of term bonds, each year shall be such that the amount of principal
maturing each year plus the amount of interest payable in that year will be an aggregate
amount that is substantially equal each year, except for the amounts becoming due on the
first series of the bonds of any division which shall be adjusted to reflect the amounts of
interest earned from the date of the bonds to the date when the first interest is payable on
such bonds. The bonds may be issued in divisions as permitted by Section 8650.1 of the
Code.
12. No Obligation to Cure Deficiencies. In the event of any deficiency in the bond
redemption fund to be established hereafter in these proceedings, the District will not be
obligated to advance available funds from the District treasury to cure any such deficiency.
13. Use of Surplus. If any excess shall be realized from the assessment it shall
be used, in such amounts as this Council may determine, in accordance with the provisions
of the Code, for one or more of the following purposes:
(a) Transfer to the general fund of this City, provided that the amount of any
such transfer shall not exceed the lesser of $1,000 or 5% of the total amount
expended from the improvement fund;
(b) Asa credit upon the assessment and any supplemental assessment or
for the redemption of bonds, or both; or
(c) For the maintenance of the improvements.
14. Contact Person. Thomas M. Kanarr, Director of Finance and Treasurer of
the City, is hereby designated as the person to answer inquiries regarding any protest
proceedings to be had herein, and may be contacted during regular office hours at 3200 E.
Tahquitz Canyon Way, Palm Springs, CA 92262, or by calling telephone number (760) 323-
8221.
15. Contracts with Others. To the extent that any of the work, rights,
improvements and acquisitions indicated in the Engineer's Report, to be made as provided
herein, are shown to be connected to the facilities, works or systems of, or are to be owned,
managed and controlled by, any public agency other than this City, or of any public utility, it is
the intention of this Council to enter into an agreement with such public agency or public
utility pursuant to Chapter 2 (commencing with Section 10100) of the Code,which agreement
may provide for, among other matters, the ownership, operation and maintenance by such
agency or utility of the works, rights, improvements and acquisitions, and may provide for the
installation of ail or a portion of such improvements by the agency or utility and for the
providing of service to the properties in the area benefiting from the work, rights,
improvements and acquisitions by such agency or utility in accordance with its rates, rules
and regulations, and that such agreement shall become effective after proceedings have
been taken for the levy of the assessments and sale of bonds and funds are available to
carry out the terms of any such agreement.
16. Refunding of Bonds. The bonds may be refunded pursuant to the provisions
of Division 11.5 of the Code upon the determination of the Council of the City that the public
interest or necessity requires such refunding. Such refunding may be undertaken by the
Council when, in its opinion, lower prevailing interest rates may allow reduction in amount of
the installments of principal and interest upon the assessments given to owners of property
assessed for the works herein described. The refunding bonds shall bear interest at a rate
not to exceed that which is stated in the resolution of the Council expressing its intention to
issue the refunding bonds, which resolution of intention shall also set forth the maximum
term of years of the refunding bonds. Any adjustment to assessments resulting from the
refunding will be done on a pro-rata basis. The refunding shall be accomplished pursuant to
Division 11.5 (commencing with Section 9500) of the Code, except that, if, following the filing
of the Engineer's Report specified in Section 9523 and any subsequent modifications of the
Engineer's Report, the Council finds that each of the conditions specified in the resolution of
intention to issue the refunding bonds is satisfied and that adjustments to the assessments
are on a pro-rata basis, the Council may approve and confirm the Engineer's Report and
may, without further proceedings, authorize, issue and sell the refunding bonds pursuant to
Chapter 3 (commencing with Section 9600) of Division 11.5 of the Code.
17. No Private Contract. Notice is hereby given that, in the opinion of this
Council, the public interest will not be served by allowing the property owners to take the
contract for the construction of the improvements and therefore that, pursuant to Section
20487 of the California Public Contract Code, no notice of award of contract shall be
published.
18. Collection and Advance Payments of Assessments. It is the intention of this
Council that collection of assessments, advance retirement of the bonds, and advance
payment of assessments shall be conducted and accomplished in accordance with the
alternative procedure specified by Sections 8760, et. seq. of the Code.
19. Penalty for Delinquent Payments of Assessments. A penalty of two percent(2%)
per month of the total amount of any delinquent installment shall be added to the delinquent
installment after the close of business on the delinquency date and an additional penalty of
fo
two percent (2%) of the amount of the delinquency shall be added at the beginning of
business on the tenth (10'h) day of each succeeding month until that delinquent installment
and all penalties thereon are fully paid. This penalty shall be in lieu of all other penalties
assessed by other provisions of the law. The County Treasurer and Tax Collector, as the
collection agent for the district, shall collect the penalties with, as the part of, the delinquent
installments. All penalties collected shall be paid over to the bank appointed by the City as
trustee, registrar, paying agent and transfer agent, and upon such payment being made, all
such payments shall be deposited in the redemption fund for the bonds.
20. Annual Assessment for Administrative Costs. This Council hereby makes the
following costs incurred by the City, and not otherwise reimbursed, chargeable on each
parcel in Assessment District No. 164 in an annual amount not to exceed two percent(2%)of
the annual assessment due on each said parcels, referred to more particularly in the report
of the Engineer of Work:
(a) Costs resulting from the administration and collection of assessments;
(b) Costs resulting from the administration and registration of the bonds; and
(c) Costs resulting from the administration of the reserve fund and other related funds
established in connection with bonds, including without limitation the costs and expenses
associated with complying with federal arbitrage requirements.
21 No Proceedings Under Special Assessment Investigation, Limitation and
Majority Protest Act of 1931 Required. A petition signed by the owners of more than sixty
percent (60%) of the property proposed to be assessed for the cost of the acquisitions and
improvements waiving, among other things, the provisions of the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931, Division 4 of the Code ("Majority
Protest Act'), is on file in the office of the City Clerk and written evidence satisfactory to the
Council has been submitted indicating that the proposed assessment will not exceed
seventy-five percent (75%) of the estimated fair market value of any land to be assessed as
valued after the proposed public improvements are constructed as to the lands which are in
the process of being subdivided, and as to which Sections 2804.1 and 2804.2 apply, and
proceedings under said Majority Protest Act will not be taken.
22. References to Statutory Provisions. All references in this resolution to
statutory provisions of the Streets and Highways Code shall be deemed to include any and
all amendments to those provisions.
23. Repeal of Inconsistent Resolutions. Any resolution of this City Council, and
any part of such resolution, inconsistent with this resolution, is hereby repealed to the extent
of such inconsistency.
24. Effective Date. This resolution shall become effective upon the date of its
adoption.
ADOPTED this_day of , 2004.
AYES:
NOES: �Y(
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Clerk City Manager
REVIEWED &APPROVED AS TO FORM:
EYTHBIT"A"
Landscaping
Landscape improvements including parkway landscaping, together with appurtenances and
appurtenant work, on the northeasterly side of Palm Canyon Drive (State Highway 111) located
within Tract 32028 and 32028-1 as shown on the Assessment Diagram in Section 4, directly
adjacent to the tract boundaries of Tract 32028 and 32028-1.
Underground Existing Power Lines
Includes but is not limited to undergrounding existing overhead electric power lines (Southern
California Edison) within the public rights-of-way and easements in Tract No. 32028 and 32028-
1, appurtenances and appurtenant work.
Water and Sewer Fees
Includes water facility fees for the Desert Water Agency and sewer facility fees for the City of
Palm Springs.
ZONE 2 — "THE EL DORADO COLLECTION", TRACT NO. 32028 and 32028-1 (81
Lots
Plans and Specifications
The cost of approved plans for the improvements to be acquired.
Sewer
Sewer improvements including 8-inch diameter sewer main and 4-inch diameter sewer laterals,
together with appurtenances and appurtenant work, all in the interior public rights-of-way to
serve each residential lot.
Water
Water improvements including water mains and 1-inch diameter water service lines, together
with appurtenances and appurtenant work, all in the interior public rights-of-way to serve each
residential lot.
MACMESTalm Springs\04-0339\Sect Ldoc Albert A. Webb Associates
EXHIBIT"A"
DESCRIPTION OF WORK
ASSESSMENT DISTRICT NO. 164
(MOUNTAIN GATE 2)
CITY OF PALM SPRINGS
The public improvements proposed to be installed, constructed, and financed by Assessment
District No. 164 (Mountain Gate 2) generally consist of street improvements, sewer and water
improvements, landscaping and electric utility improvements, water and sewer facility fees, and
cabling and connection fees, more specifically described as follows:
ZONE 1 — "THE VENTANA COLLECTION" TRACT NO. 32028 and 32028-1 (115
RESIDENTIAL LOTS)
Plans and Specifications
The cost of approved plans for the improvements to be acquired.
Sewer
Sewer improvements including 8-inch diameter sewer main and 4-inch diameter sewer laterals,
together with appurtenances and appurtenant work, all in the interior public rights-of-way to
serve each residential lot.
Water
Water improvements including water mains and 1-inch diameter water service lines, together
with appurtenances and appurtenant work, all in the interior public rights-of-way to serve each
residential lot.
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Ok v41
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M\CITIES\Palm Springs\04-0339\Sect I.doc Albert A. Webb Associates
EXHIBIT"A"
Landscaping
Landscape improvements including parkway landscaping, together with appurtenances and
appurtenant work, on the northeasterly side of Palm Canyon Drive (State Highway I11) located
within Tract 32028 and 32028-1 as shown on the Assessment Diagram in Section 4, directly
adjacent to the tract boundaries of Tract 32028 and 32028-1.
Underground Existing Power Lines
Includes but is not limited to undergrounding existing overhead electric power lines (Southern
California Edison) within the public rights-of-way and easements in Tract No. 32028 and 32028-
1, appurtenances and appurtenant work.
Water and Sewer Fees
Includes water facility fees for the Desert Water Agency and sewer facility fees for the City of
Palm Springs.
ZONE 3— "THE DESERT HIGHLAND COLLECTION", PER MAP BOOK 24,PAGE 53
AND PER MAP BOOK 39, PAGE 58, (5 Lots)
Plans and Specifications
The cost of approved plans for the improvements to be acquired.
Water and Sewer Fees
Includes water facility fees for the Desert Water Agency and sewer facility fees for the City of
Palm Springs.
YO
MSCrrIESTalm Spnngs\04-0339\Sect Ldoc Albert A. Webb Associates
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING REPORT OF
ENGINEER OF WORK AND FIXING TIME AND PLACE OF HEARING
THEREON
Assessment District No. 164
(Mountain Gate II)
WHEREAS, this City Council ("Council") of the City of Palm Springs has
heretofore adopted its Resolution of Intention, Resolution No. ("Resolution"),
declaring its intention to acquire and construct certain public improvement work (the
"Project") within proposed Assessment District No. 164, under the Municipal
Improvement Act of 1913, Division 12 of the Streets and Highways Code of the State of
California (the "Act"); and
WHEREAS, the Council, in said Resolution directed the Engineer of Work
("Engineer") to procure the required information and prepare and present to the Board a
written report on the Project required by the Act; and
WHEREAS, the Engineer has prepared such report and presented it to this
Council on this date;
NOW, THEREFORE, the City Council of the City of Palm Springs, California
DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER as follows:
Section 1. Preliminary Approval of Report. Said report be and the same
hereby is preliminarily approved, and the City Clerk is directed forthwith to endorse the
fact and date of such approval on said report in the office of the City Clerk ("Clerk").
Section 2. Time and Place of Hearing. That the 171h day of November, 2004,
at the hour of seven o'clock P.M., in the Council Chambers, 3200 E. Tahquitz Canyon
Way, Palm Springs, California, is hereby fixed as the time and place of hearing on said
report, and such hearing shall be held by this Council.
Section 3. Mailing of Notice. The Clerk is hereby further directed to cause
notice of such hearing at which the Project will be considered to be mailed at least forty-
five (45) days prior to such hearing as provided in the Act and Government Code
Section 53753, postage prepaid, to all persons whose property is proposed to be
assessed to pay any part of the cost of the Project, whose names and addresses appear
on the last equalized roll or as known to the Clerk.
Section 4. Mailing of Ballots. The Clerk is hereby directed to cause
assessment ballots mailed along with the notices described in Section 3 hereof as
required by Government Code section 53753. Such ballots shall be tabulated by the
Clerk at the conclusion of the hearing.
Section 5. Repeal of Inconsistent Resolutions. Any resolution of the City
Council and any part of such resolution inconsistent with this resolution is hereby
repealed to the extent of such inconsistency.
Section 6. Effective Date. This resolution shall become effective upon the
date of its adoption.
ADOPTED this day of 12004
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By:
City Manager
City Clerk
REVIEWED &APPROVED
23891.1 2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING BOUNDARY MAP OF
PROPOSED ASSESSMENT DISTRICT NO. 164 AND ORDERING THE
SAME TO BE FILED AND RECORDED.
Assessment District No. 164
(Mountain Gate II)
WHEREAS, this City Council of the City of Palm Springs (the "Council" and
"City") proposes to take proceedings for the formation of a special assessment district to
be designated "Assessment District No. 164" pursuant to the Municipal Improvement Act
of 1913, Division 12 of the Streets and Highways Code, for the acquisition and
construction of certain public improvements; and
WHEREAS, a boundary map of said proposed special assessment district has
been presented to this Council;
NOW, THEREFORE, the City Council of the City of Palm Springs, California
DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER:
1. Section 1. Approval of Boundary Map. The boundary map of
proposed Assessment District No. 164 is hereby approved.
2. Section 2. Filing of Map in Board Clerk's Office. The City Clerk is
hereby directed to place said map on file in said Clerk's office and to note thereon the
approval of said map by this Council as provided herein.
3. Section 3. Recording of Map. The City Clerk is hereby directed to
record said map in the office of Riverside County Recorder within fifteen (15) days after
the adoption by this Council of the resolution fixing the time and place of the hearing on
the Engineer of Work's report.
4. Section 4. Repeal of Inconsistent Resolutions. Any resolution of the
Council and any part of such resolution inconsistent with this resolution Is hereby
repealed to the extent of such inconsistency.
5. Section 5. Effective Date. This resolution shall be effective upon the
date of its adoption.
23888.1
ADOPTED this day of , 2004
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By:
City Manager
City Clerk
REVIEWED &APPROVED
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