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HomeMy WebLinkAboutRes 03-41 and 42 Silver Spur Ranch AD 01-01 •'� �� CITY OF PALM DESERT `:� P� CITY MANAGER $� -4"4p qa>E i 6J�e .... STAFF STAFF REPORT REQUEST: Public Hearing- Silver Spur Ranch Utility Undergrounding Assessment District No. 01-01 SUBMITTED BY: Pat Conlon, Special Projects Administrator CONTENTS: Resolution No. 03- 41 Resolution No. 03- 42 Assessment Ballot Information Package DATE: April 10, 2003 Recommendation 1) OPEN the public hearing to receive testimony for and against the proposed assessment district. 2) CLOSE the public hearing at the appropriate time. 3) Instruct the representatives of the Office of the City Clerk to tabulate the ballots and report back to the City Council. 4) If the ballot results CONFIRM the assessment district, adopt the following two resolutions. a) Resolution No. 03- 41 . A resolution of the City Council of the City of Palm Desert making findings regarding all special assessments levied against parcels proposed to be assessed in Silver Spur Ranch Utility Undergrounding Assessment District No. 01-01. b) Resolution No. 03- 42 . A resolution of the City Council of the City of Palm Desert ordering modifications to the engineer's report in connection with Silver Spur Ranch Utility Undergrounding Assessment District No. 01-01, approving such engineer's report as so modified, confirming the assessments in connection with such district, ordering improvements to be made and designating such district a utility undergrounding district pursuant to Chapter 12.12 of the Palm Desert Municipal Code. 5) If the ballot results DO NOT CONFIRM the assessment district, instruct staff to bring back to the City Council the appropriate resolutions dissolving the assessment district. CouncilMtg.4-10.wpd Staff Report Silver Spur Ranch Utility Underground Assessment District 01-01 April 10,2003 Page 2 Executive Summary After several meetings over the last 1 'A years with the residents of Silver Spur Ranch, we are now at the stage in the assessment district formation process where the property owners vote on the proposed assessment. The assessment amounts are not to exceed $12,920.32 for properties having existing overhead service lines and house service panels which need to be converted to underground. The properties which already have underground services the assessment amount is reduced to the not to exceed amount of$9,920.32. The above assessment amounts already includes a City contribution of $924,756.00 for the work in the public right of way. No appropriation is needed, funds are already budgeted for this project. The above proposed assessments are not to exceed amounts with construction contingencies included in the cost. The actual assessment will be lower depending on the final amount of contingency monies expended. A copy of the assessment ballot and information ballot and information package is included for your information. Discussion Staff predicts that this assessment district will be approved by the majority of the property owners. This is mainly due to the excellent organizational skills of the Silver Spur Ranch Homeowners Association. Ms. Lee Ann Blystone and Mrs. Diane Harvel have been instrumental in this process. When this district is confirmed, the next step is to notify the property owners to begin the 30 day cash collection period. After the close of the cast collection period, we will sell bonds to finance the remaining costs. After the sale of bonds, staff will return to the City Council with a recommendation for award of bid for the contractor doing the undergrounding work. We have scheduled the council meeting of June 12, 2003 for the award of bid. Work is scheduled to begin shortly after with the completion of the underground substructures in November 2003. I will not be attending the meeting, however, Mr. Scott Kopple with MuniFinancial will be present to answer any questions. Submitted By: Pat Conlon Special Projects Administrator Review and concur: Carlos L. Ort a CouncilMtg.4-10.wpd CITY COUNCIL 4CTION: * Results of Balloting: APPROVED ✓ DENIED YES Valuation: $1,553,163.33 RECEIVED OTHER NO Valuation: 562,937.26 MEETING DATE - 0. 0 No majority protest, meaning the AYES: Pr-IPSO, ref y 5Spit°V4 1&/JSCril formation of the District is NOES: confirmed. Resolutions adopted 5-0. ABSENT: ABSTAIN: VERIFIED BY: Y 1Yl Original on File bth ity Clerk's Office RESOLUTION NO. 03- 41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING FINDINGS REGARDING ALL SPECIAL ASSESSMENTS LEVIED AGAINST PARCELS PROPOSED TO BE ASSESSED IN SILVER SPUR RANCH UTILITY UNDERGROUNDING ASSESSMENT DISTRICT NO. 01-1 BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT AS FOLLOWS: Section 1. Based upon its review of the Engineer's Report regarding proposed Silver Spur Ranch Utility Undergrounding Assessment District No. 01-01 (the "Assessment District"), a copy of which has been presented to it and filed with the District Secretary, and other reports and information presented to it, the Board of Directors hereby finds and determines that the total amount of the principal sum of all unpaid special assessments levied against the parcels proposed to be assessed within the Assessment District (being the total amount, as determined and set forth in such Engineer's Report of the total principal sum of all unpaid special assessments and special assessments required or proposed to be levied under any completed or pending assessment proceedings, other than that contemplated in the proceedings for the Assessment District, which would require an investigation and report under Streets and Highways Code Section 2800, et seq., against the total area proposed to be assessed within the Assessment District), plus the principal amount of the special assessment proposed to be levied in the proceedings, do not exceed one-half of the total value of the parcels proposed to be assessed within the Assessment District (being the total true value as shown upon the last equalized assessment roll of the County of Riverside). PASSED, APPROVED, AND ADOPTED THIS 10th DAY OF APRIL, 2003. STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss. CITY OF PALM DESERT I, Rachelle D. Klassen, City Clerk of the City of Palm Desert, County of Riverside, State of California do hereby certify that the foregoing Resolution No.03-41 was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of said council held on the 10th day of April, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAINED: JEAN M. BENSON, MAYOR RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA RESOLUTION NO. 03- 42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ORDERING MODIFICATIONS TO THE ENGINEER'S REPORT IN CONNECTION WITH SILVER SPUR RANCH UTILITY UNDERGROUNDING ASSESSMENT DISTRICT NO. 01-01, APPROVING SUCH ENGINEER'S REPORT AS SO MODIFIED, CONFIRMING THE ASSESSMENTS IN CONNECTION WITH SUCH DISTRICT, ORDERING IMPROVEMENTS TO BE MADE AND DESIGNATING SUCH DISTRICT A UTILTY UNDERGROUNDING DISTRICT PURSUANT TO CHAPTER 12.12 OF THE PALM DESERT MUNICIPAL CODE The City Council of the City of Palm Desert, California (the "City Council") does resolve as follows: WHEREAS, on May 10, 2001, the City Council adopted its Resolution No. 01-56, initiating proceedings, pursuant to Chapter 12.12 of the Palm Desert Municipal Code (the "Municipal Code") and the Municipal Improvement Act of 1913 (Division 12 of the California Streets and Highways Code, commencing with Section 10000) (the "1913 Act") for the conversion to underground service of overhead electric and communication facilities in the Silver Spur Ranch area; and WHEREAS, on February 13, 2003, the City Council adopted its Resolution No. 03-17 (the "Resolution of Intention"), declaring its intention to order improvements (the "Improvements") in connection with the proposed Silver Spur Ranch Utility Undergrounding Assessment District No. 01-01 (the "District") pursuant to the provisions of the 1913 Act and as provided in Article XIIID of the California Constitution; and WHEREAS, the Resolution of Intention ordered MuniFinancial, as assessment engineer, (the "Assessment Engineer") to make and file with the City Clerk a report in accordance with Article XIIID, Section 4 of the California Constitution and Section 10204 of the 1913 Act, to also contain all information required by Section 2961 of the California Streets and Highways Code and Section 12.12.030 of the Municipal Code; and WHEREAS, on February 13, 2003, the City Council adopted its Resolution No. 03-18 ("the Resolution"), preliminarily approving the report (the "Engineer's Report") prepared by the Assessment Engineer, in connection with the District, on file in the Office of the City Clerk and available for public inspection; and WHEREAS, the Resolution set the time and place for a hearing on the proposed assessment described in the Report (the "Assessment') and on the matters set forth in Section 12.12.020 of the Municipal Code; and RESOLUTION NO. E2 WHEREAS, the Resolution directed the City Clerk to give notice in accordance with law of a public hearing on the Assessment and to include with such notice the assessment ballot required pursuant to Article XIIID, Section 4 of the California Constitution and Section 53753 of the California Government Code; and WHEREAS, on April 10, 2003, following notice duly given in accordance with law, the City Council held a full and fair public hearing on the Assessment and regarding whether the public necessity, health, safety, or welfare require the removal of poles, overhead wires, and associated overhead structures within the District and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service (the "Hearing"); and WHEREAS, at the Hearing, (i) all interested persons were afforded the opportunity to hear and be heard regarding the proposed District, the Assessment, the matters set forth above, and all related matters, and (ii) the City Council heard and considered all oral and written protests to the Assessment; and WHEREAS, the Engineer's Report indicates (i) that certain of the Improvements proposed to be located on private property (service conversion work) will be ordered by the City Council only if a request for inclusion is properly filed with the City Clerk by the owner of such property and (ii) that an assessment will be levied to finance such improvements only to the extent that such Improvements are included; and WHEREAS, the Assessment Engineer has (i) prepared a list of the parcels for which requests have not been received (the "Exclusion List") and (ii) recommended that the work located on these parcels be removed from the Proposed Improvements; and WHEREAS, at the Hearing, the Assessment Engineer presented to the City Council certain proposed clarifications to the Engineer's Report (the "Clarified Report"); and WHEREAS, an impartial person appointed by the City Council tabulated assessment ballots returned in connection with the Assessment; and WHEREAS, the City Council, having considered all oral and written protests, hereby finds that a majority protest with respect to the Assessment does not exist as defined in Section 4(e) of Article XIIID of the California Constitution; and WHEREAS, the City Council desires to proceed with the establishment of the District and the levy of the Assessment. - 2 - RESOLUTION NO. 42 NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT AS FOLLOWS: Section 1. The above recitals are all true and correct. Section 2. The City Council orders that the Engineer's Report be modified as recommended by the Assessment Engineer in the Clarified Report and finds that such modification will make no change in the total amount of the assessment and will not increase the amount of any assessment. Section 3. The City Council orders that the Engineer's Report be modified to reflect the elimination of the "Homeowner Facilities" associated with parcels included on the Exclusion List and finds that such elimination will not increase the amount of any assessment and is consistent with the assessment methodology set forth in the Engineer's Report. Section 4. The City Council declares that the Engineer's Report, as modified, is hereby finally approved. Section 5. Based upon its review of the Engineer's Report and other reports and information presented to it, the City Council hereby finds and determines that (i) the lands within the District will be specially benefited by the improvements described in the Engineer's Report as modified, (ii) the District includes all of the lands so benefited, (iii) the assessment of the total amount of the cost and expenses of such improvements upon the several subdivisions of land in the District is in proportion to the estimated special benefits to be received by such subdivisions, respectively, from such improvements; (iv) only special benefits are assessed and no assessment is imposed on any subdivision of land which exceeds the reasonable cost of the proportional special benefit conferred on that subdivision and (v) the public necessity, health, safety, or welfare requires the removal of poles, overhead wires and associated overhead structures, within the District and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service. Section 6. The proposed assessment for the cost of the improvements provided for in subdivisions (d) and (e) of Section 10204 of the 1913 Act, and the maximum annual assessment provided for in subdivision (f) of that section are hereby confirmed as set forth in the Engineer's Report, as modified. Section 7. The City Council hereby orders the proposed improvements set forth in the Engineer's Report, as modified, to be made. Section 8. The City Clerk is hereby directed to cause to be recorded in the office of the Superintendent of Streets a certified copy of the diagram and - 3 - RESOLUTION NO. 1 42 assessments provided for in subdivisions (d), (e) and (f) of Section 10204 of the 1913 Act. Section 9. The City Clerk is hereby directed to cause to be recorded in the office of the County Recorder of the County of Riverside a notice of assessment in connection with the District as provided by Section 3114 of the California Streets and Highways Code and Section 10402.5 of the 1913 Act. Section 10. Following the recordation of such notice of assessment, the City Clerk is hereby authorized and directed to provide notice of recordation of the assessment in accordance with Section 10404 of the 1913 Act. Section 11. The District is declared an underground utility district pursuant to Section 12.12.40 of the Municipal Code. Consequently the CityCouncil orders p q Y the removal of poles, overhead wires and associated overhead structures, within the District and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service. Each of the exceptions set forth in Section 12.12.80 of the Municipal Code is hereby authorized with respect to the District. Section 12. The City Council determines that the improvements ordered pursuant to Section 7 of this Resolution constitute the conversion of overhead electric utility distribution system facilities to underground, including connection to existing overhead electric utility distribution lines, where the surface is restored to the condition existing prior to the undergrounding. Therefore such improvements are categorically exempt from the requirements of the California Environmental Quality Act pursuant to Sections 15300 and 15302 of Title 14 of the California Code of Regulations. Section 13. The City Council hereby authorizes the City Manager, at any time prior to the completion of the improvement proceedings, to make changes in connection with the Assessment District, including but not limited to approving further changes to the Engineer's Report (including cost estimates and line items therein), the improvements ordered herein, and the assessments (including the amount of any of the individual assessments) confirmed hereby, provided this Section shall not be deemed to authorize the City Manager to approve any increase in the amount of any of the individual assessments without the consent of the affected property owner. By this section, the City Manager is specifically authorized to make changes to the improvements and the assessments to reflect the requirements of Section 5896.14 of the Code, which provides that the conversion of the electric and communication facilities located on any lot or parcel of land in the District may be done by the City, and the cost thereof included in the assessment, only if the property owner of such lot or parcel files a request with the City Clerk pursuant to Section 5896.15 of the Code. - 4 - RESOLUTION NO. i__ 42 PASSED, APPROVED, AND ADOPTED THIS 10th DAY OF APRIL, 2003. STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss. CITY OF PALM DESERT I, Rachelle D. Klassen, City Clerk of the City of Palm Desert, County of Riverside, State of California do hereby certify that the foregoing Resolution No.03- 42 was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of said council held on the 10th day of April, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAINED: JEAN M. BENSON, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA - 5 - • CITY OF PALM DESERT PROPOSED SILVER SPUR RANCH UTILITY UNDERGROUNDING ASSESSMENT DISTRICT NO. 01-01 ASSESSMENT BALLOT Owner Name(s): William James Koontz . .OR.16t4/41_ BALLO7 Assessor's Parcel No.: 630-243-014 8 Property Address: 47784 Silver Spur Tr 31ZE laxly Palm Desert, CA 92260 Owner's Address: 11687 Bellagio Rd#3 - ..' ptjcj stz_e Los Angeles, CA 90049 Base Assessment Amount: $9,920.32 CDIJNc-L�cIcET Additional Assessment Amount*: $3,000.00 Total Assessment Amount: $12,920.32 `Note: The City has identified your parcel as requiring work to convert existing overhead electrical service to underground. This is the basis of the additional assessment. The Additional Assessment Amount will be assessed against this parcel ONLY if you submit a"Request To Convert Existing Overhead Service To Underground"to the City Clerk prior to the close of the public hearing. If you do not timely file such a request, then you will be required to convert your connection to underground service at your own expense should the proposed assessment district be formed. Work cannot be done by the City or its contractors on your parcel unless you file such a request. Filing such a request does not affect your right to vote against the assessment if you so choose. Summary of Procedures for the Completion,Return,and Tabulation of Ballots To vote, mark the square before the word"YES"or before the word"NO,"print your name, sign and date the ballot,seal the ballot in the enclosed return envelope,and return it to the City Clerk of the City of Palm Desert at the address below or at the public hearing. The ballot must be completed in ink. The City Clerk will only accept ballots provided by the City and will not accept photocopies,faxes or other forms of the ballot. If a ballot is lost or destroyed, you may request a duplicate ballot from the City Clerk. For a more complete explanation of these procedures, please refer to the "Procedures for the Completion, Return and Tabulation of Ballots",on file in the Office of the City Clerk and provided with this ballot. u YES, I/we support the proposed assessment against the parcel identified above 1 NO, I/we oppose the proposed assessment against the parcel identified above I (we)hereby declare, under penalty of perjury of the laws of California, that I (we)am (are)authorized to submit a ballot on behalf of the parcel identified above. Signature: Date: Signature: Date: Print Name (s) The ballot must be received by the Clerk prior to the time the City Council of the City of Palm Desert closes the public input portion of the public hearing on the proposed assessment. Mail or deliver ballot to the City Clerk at: Office of the City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert,CA 92260-2578 To ensure the privacy of your ballot,please seal it within the enclosed return envelope. Mailed ballots must be received by the City Clerk no later than 4:00 PM on April 10,2003. Ballots may also be hand-delivered to the City Clerk at the Public Hearing scheduled to be held at 4:00 PM or as soon thereafter as feasible on April 10,2003 at the City Council Chambers,73-510 Fred Waring Drive,Palm Desert,CA 92260-2578. This ballot becomes a public record at the close of the public input portion of the public hearing on Ihis matter and is subject to public inspection al that lime. IIIIIIIIIIIIIIIIIIIJIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIN 11111111111111111111111111111111111111111 ***** ASSESSMENT BALLOT ENCLOSED ***** NOTICE OF PUBLIC HEARING in connection with proposed CITY OF PALM DESERT SILVER SPUR RANCH UTILITY UNDERGROUNDING ASSESSMENT DISTRICT NO. 01-01 February 25, 2003 Dear Property Owner: In response to a petition of owners of property within the Silver Spur Ranch area,the City of Palm Desert has initiated proceedings to designate your neighborhood as an underground utility district. The boundaries of the proposed district(the"District")are shown on a boundary map on file in the office of the City Clerk of the City of Palm Desert. THE UNDERGROUNDING PROJECT The Common Facilities If the District is established as proposed,the City will provide all work and equipment necessary to convert the existing overhead utility lines within the District to underground service. This will include,but not be limited to, trenching, installing the new utility vaults needed to receive the conduits and transformers,laying the conduit lines into the trenches,re-paving the street, switching service to the underground system and removing the existing overhead poles and wires. Power lines, phone lines, cable television lines, and fiber optic lines will all be relocated. This includes work in the public utilities easement which may be located on private property. Homeowner Facilities The common facilities described above will terminate at a"service connection point" located at the property line of each residential parcel in the District. While many of the homes in the District are already equipped for connection to the proposed underground services, other homes are connected to the existing system via overhead wires that lead to a connection point on the side of the home. If the proposed District is established, it will be the responsibility of each property owner in the District to ensure that overhead utility connections on their parcel are removed and converted to underground service. The Common Facilities, as described above, do not include work that may be needed to convert existing overhead electrical services to underground. The City has identified 180 residential parcels in the proposed District that are not currently equipped for connection to the proposed services. The owners of each of these parcels may request that the City include necessary conversion work on the parcel in the project. If such a request is properly filed,the City's undergrounding project will include the trenching,backfilling, conduits, conductors, and conversion panels needed to connect the"service connection point"to the home connection point. However, the City can include such work in the project only if the property owner executes a written "Request To Convert Existing Overhead Service To Underground"form provided by the City and files it with the City Clerk prior to 4:00 PM on April 10, 2003 or at the public hearing described below in this notice. Further information regarding the filing of such a request is included in this notice. 1 PAYING FOR THE PROJECT Project Costs and Redevelopment Agency Contributions The Palm Desert Redevelopment Agency has proposed to contribute$924,756 toward the cost of the project. After the application of this contribution,the remaining cost of the project, aside from work on private residential property, is estimated to be $2,490,000, including incidental expenses. As there are 251 parcels in the District,this amounts to $9,920.32 per parcel. Work on homeowner facilities,if requested,will add an additional $3,000 per parcel to these costs(for a total of $540,000 if the owners of every possible parcel request that the City perform this work). The Proposed Assessment The City has proposed to impose an assessment against parcels in the District to pay the costs of the proposed project. This assessment would have two components: Every residential parcel in the District will be subject to a one-time assessment of$9,920.32 per parcel to pay costs associated with improvements that benefit all parcels in the District(see"The Common Facilities", above). Residential parcels that have been identified by the District as requiring the installation of Homeowner Facilities will also be subject to an additional one-time assessment of$3,000.00 per parcel to pay costs associated with work on that parcel, if the owner properly executes a"Request to Convert Existing Overhead Service to Underground". The total proposed assessment against all parcels in the proposed District is $3,030,000, including$540,000 in assessments for Homeowner Facilities. Payment Options If the assessment is levied,property owners will have two payment options,which are briefly described below and will be more completely described in a notice of recordation of assessment to be mailed to property owners by the City once the assessment is levied. Option 1- Cash Payment: If the assessment is levied,owners of each residential parcel will have a • thirty-day period during which they may pay the assessment against their parcel(or any portion of that assessment)in a single payment. This payment will be for an amount somewhat less than the assessment amount shown above,because the parcel owner will not need to pay certain costs associated with the issuance of bonds with respect to the portion of the assessment that is paid within the thirty-day period. Option 2- Payment Over Time: If the assessment is levied,the City would be authorized to issue bonds to represent unpaid assessments. The issuance of bonds enables property owners to pay the assessment in installments,with interest, over time. The assessment installments would be collected on the county property tax bill. It is currently anticipated that payments would be required for up to twenty-five years. As interest rates fluctuate, the City cannot predict the interest rate at which bonds will be issued. However,the City's financial advisor has informed the City that,if issued today, such bonds would likely be issued at an interest rate of 6%-6.5%per year. Assessments collected in this manner will be subject to an additional administrative assessment of up to$40 per parcel per year to pay costs incurred by the City and not otherwise reimbursed that result from the administration and collection of assessments or from the administration of any bonds and reserve or other funds. 2 YOUR PARTICIPATION IN THE PROCESS As a homeowner in the proposed District your property will be subject to an assessment if the proposed District is established. The enclosed ballot, which is incorporated into this notice by reference, contains a description of your parcel and the proposed amount of the assessment against it. Request to Convert Existing Overhead Service to Underground If the City has identified your parcel as requiring work on private property,this mailing includes a"Request to Convert Existing Overhead Service to Underground"form. If you complete this form and return it to the City Clerk prior to 4:00 PM on Thursday,April 10 (or at the public hearing described below), the City will be able to include work on your parcel in the project if the District is formed. Your assessment will be increased by$3,000 if such work is included. Please note that if the District is formed andhave "Request you not submitted a to Convert Existing Overhead Service to Underground"you will be required to separately complete or contract for work on your parcel that is necessary for the conversion of your parcel's connections to the new underground utility system. Although the City can not predict your costs of completing such work,they may be substantially more or less than the$3,000 proposed assessment. Please note that completing a "Request to Convert Existing Overhead Service to Underground"does not impact your ability to cast a ballot against the proposed assessment. Even if you oppose the assessment,you should submit a"Request for Inclusion of Private Work" if you would like such work performed by the City in the event the assessment is approved. If the District is established,the City or its contractor will contact you regarding additional procedures and forms that must be filled out by you, and regarding a timeline for the work on your property. Public Hearing The City will hold a public hearing to (i)consider whether the public necessity,health, safety, or welfare require the removal of poles, overhead wires, and associated overhead structures within the District and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service, (ii)hear protests to the proposed assessment, and(iii)give all persons interested in the proposed District,the proposed assessment, or related matters an opportunity to be heard. You are encouraged to participate in this hearing, either in person or by writing to the City Council. The hearing will be held on Thursday,April 10,2003 at 4:00 PM or as soon thereafter as feasible in the City Council Chambers located at 73-510 Fred Waring Drive, Palm Desert, CA 92260-2578. Assessment Ballot Enclosed with this Notice is an assessment ballot for your parcel. You may return the ballot to the City Clerk of the City of Palm Desert to indicate your support of, or opposition to,the proposed assessment. The ballot may be returned either by mail or in person to the City Clerk at the City of Palm Desert City 73-510 Fred Waring Drive,Palm Desert, CA 92260-2578, or delivered to the City Clerk at the public hearing on the proposed assessment. All ballots must be received by the City Clerk prior to the time the City Council closes the public input portion of the public hearing on the proposed assessment. To ensure that ballots are received on time,mailed ballots must be received by the City Clerk no later than 4:00 p.m. on April 10, 2003. To ensure the privacy of the ballot prior to its tabulation,please seal your completed ballot in the enclosed return envelope. To cast your ballot, mark the square before the word "YES" or before the word "NO,"sign and date the ballot, and return it to the City Clerk. A mark before the word "YES" indicates support for the proposed assessment. A mark before the word "NO" indicates opposition to the proposed assessment. 3 The ballot must be completed in ink. The City Clerk will only accept ballots provided by the City Clerk and will not accept photocopies, faxes or other forms of the ballot. If a ballot is lost or destroyed,you may request a duplicate ballot from the City Clerk. For a more complete explanation of the balloting procedures,please refer to the attached"Procedures for the Completion, Return and Tabulation of Ballots." Majority Protest It is important that you return this ballot to the City to express your support of, or opposition to,the proposed assessment. The District will not be established, and the proposed assessment will not be imposed if, at the close of the public input portion of the public hearing,ballots submitted(and not withdrawn) in opposition to the assessment exceed the ballots submitted(and not withdrawn) in favor of the assessment. Each submitted ballot will be weighted according to the proportional financial obligation shown on the ballot. In the absence of a majorityprotest as described above,the CityCouncil mayconfirm the proposed assessment and P P order the proposed improvements. The City Council may make changes in connection with the Assessment District, including,but not limited to, changes to the proposed improvements(including the elimination of improvements) and cost estimates; provided,however,the City Council may not increase the amount of the assessment chargeable to the particular parcel identified on the attached ballot beyond the maximum amount set forth on the ballot. GETTING MORE INFORMATION Copies of Resolution No. 03-17, stating the intention of the City Council of the City of Palm Desert to establish the District to order the improvements for the District pursuant to the Municipal Improvement Act of 1913 (Division 12 of the California Streets and Highways Code), are available from the Office of the City Clerk. In addition,the Engineer's Report approved by the City Council with respect to the District is available in the Office of the City Clerk. The Engineer's Report contains, among other things, a description of the proposed improvements, an estimate of the total cost of the improvements, a diagram of the District, and an assessment of the total cost of the improvements spread against the properties in the District. The City has contracted with Willdan/MuniFinancial to provide additional information to property owners regarding the District,the proposed assessment, and related matters. Please feel free to contact Mr. Scott Koppel, Principal Consultant with Willdan/MuniFinancial at(800) 755-6864 should you have any questions. ASSESSMENT METHODOLOGY The following information is included to help you understand how the assessment against your parcel was calculated. Each parcel will be assessed only for the proportionate special benefit which it derives from the proposed project. Because each of the 251 parcels in the proposed District will benefit equally from the proposed project(other than Homeowner Improvements),these costs were divided equally among these 251 parcels. The City has received a bid from a contractor to provide the Homeowner Improvements. Benefit from this work has been allocated entirely to the parcel on which the work is performed. 4 CITY OF PALM DESERT SILVER SPUR RANCH UTILITY UNDERGROUNDING ASSESSMENT DISTRICT NO. 01-01 PROCEDURES FOR THE COMPLETION, The same procedure applies to duplicate ballots RETURN,AND TABULATION OF or duplicate proportional ballots which are lost, ASSESSMENT BALLOTS withdrawn, destroyed, or never received. I. Completion of Ballots • Marking and signing the ballot • Who may complete a ballot To complete an assessment ballot,the owner of the parcel must(1)stamp or mark the An assessment ballot may be completed by the appropriate box supporting or opposing the owner of the parcel to be assessed. As used in proposed assessment, and (2)sign, under these Procedures, the term "owner" includes the penalty of perjury, the statement on the ballot owner's authorized representative. If the owner that the person completing the ballot is the of the parcel is a partnership,joint tenancy, or owner of the parcel or the owner's authorized tenancy in common, a ballot may be completed representative. Only one box may be stamped byanyof the general partners,joint or marked on each ballot. Ballots tenants, or must be tenants in common. Except as set forth below, completed in ink. only one ballot may be completed for each parcel. • Only assessment ballots provided by the City will be accepted • Proportional assessment ballots The City will only accept ballots mailed or If a parcel has multiple owners, any owner may otherwise provided to owners by the City. request a proportional assessment ballot. If the ownership interest of the owner is not shown on II. Return of Ballots the last equalized secured property tax assessment roll, such request must include • Who may return ballots evidence, satisfactory to the City, of the owner's proportional rights in the parcel. The City will An assessment ballot may be returned by the provide the proportional ballot to the owner at the owner of the parcel or by anyone authorized by address shown on the assessment roll. Any the owner to return the ballot. request for a ballot to be mailed to another location must be made in writing and must • Where to return ballots include evidence, satisfactory to the City, of the identity of the person requesting the ballot. Each Ballots may be mailed to the address indicated proportional ballot will be marked to show the on the ballot. The City has provided return date on which the ballot was provided, to identify postage on the ballot. it as a proportional ballot and to indicate the owner's proportional rights in the parcel. The Ballots may also be delivered in person to the City will keep a record of each proportional ballot City Clerk at City Hall, 73-510 Fred Waring provided to an owner. Drive, Palm Desert, California 92260 (prior to 4:00 p.m. on the date scheduled for the public • Duplicate ballots hearing on the proposed assessment), or delivered to the City Clerk at the public hearing If an assessment ballot is lost, withdrawn, on the proposed assessment. destroyed or never received, the City will mail or otherwise provide a duplicate ballot to the owner • When to return ballots upon receipt of a request in writing delivered to the City Clerk. The duplicate ballot will be All returned ballots must be received by the City marked to show the date on which the ballot was Clerk prior to the time the City Council closes the mailed or provided and to identify it as a public input portion of the public hearing on the duplicate ballot or a duplicate proportional ballot. proposed assessment. The public input portion - 1 - of the public hearing may be continued from time to time. The City Clerk will endorse on each Only ballots which are completed and returned in ballot the date of its receipt. compliance with these procedures will be counted. Ballots received by the City Clerk after The City Clerk will pick up mailed ballots at 4:00 the close of the public input portion of the public p.m. on the date scheduled for the public hearing hearing on the proposed assessment will not be on the proposed assessment. To ensure that counted. Ballots which are not signed by the mailed ballots are received by the City Clerk owner will not be counted. Ballots with no boxes prior to the conclusion of the public input portion marked, or with more than one box marked,will of the public hearing, mailed ballots must be not be counted. Ballots withdrawn in accordance received by the City prior to that time. Mailed with these procedures will not be counted. ballots received after 4:00 p.m. on the date scheduled for the public hearing will only be The City will keep a record of each proportional counted if the ballots are received by the City or duplicate ballot mailed or otherwise provided Clerk prior to the conclusion of the public input to an owner and will verify, prior to counting any portion of the public hearing. The City makes no duplicate ballot, that only one ballot has been representation as to whether the public input returned for the parcel (or for the owner in the portion of the public hearing will be concluded on case of proportional ballots). If a non-duplicate the date scheduled for commencement of the ballot has been returned, the City will count the public hearing or continued to a later date. non-duplicate ballot and disregard all duplicate ballots. If only duplicate ballots have been • Withdrawal of assessment ballots returned, the City will count the earliest provided duplicate ballot and disregard the later provided P 9 After returning an assessment ballot to the City, duplicate ballots. If an owner returns both a non- the person who signed the ballot may withdraw proportional ballot and a proportional ballot, the the ballot by submitting a written statement to the City will count the proportional ballot and City Clerk directing the City Clerk to withdraw the disregard the non-proportional ballot. ballot. Such statement must be received by the City Clerk prior to the close of the public input • When and where ballots will be portion of the public hearing on the proposed tabulated assessment. When ballots for the assessment are tabulated, the City Clerk will segregate The tabulation of ballots will be performed, in withdrawn ballots from all other returned ballots. view of those present, at the public hearing The City Clerk will retain all withdrawn ballots following the close of the public input portion of and will indicate on the face of such withdrawn the public hearing. The public hearing may be ballots that they have been withdrawn. continued from time to time for the purpose of tabulating ballots. Ballots will not be unsealed If any ballot has been withdrawn, the person until the tabulation begins. withdrawing the ballot may request a duplicate ballot. • How ballots will be tabulated • Changes to assessment ballots Ballots may be counted by hand, by computer or by any other tabulating device. In order to change the contents of a ballot that has been submitted, the person who has signed Ballots will be tabulated by adding the ballots that ballot may(1) request that such ballot be submitted in opposition to the assessment and withdrawn, (2) request that a duplicate ballot be adding the ballots submitted in favor of the issued, and (3) return the duplicate ballot fully assessment. Ballots shall be weighted completed. Each of these steps must be according to the proportional financial obligation completed according to the procedures set forth of the affected property; provided, however, that above. proportional ballots shall be weighted in accordance with the respective ownership Ill. Tabulation of Ballots interests of each proportional ballot submitted. If one or more proportional ballots are returned for • Which assessment ballots will be a parcel and a non-proportional ballot is returned counted for the parcel, the non-proportional ballot will —2— either be disregarded (if the same owner has IV. Resolution of Disputes returned a proportional ballot)or treated as a proportional ballot(if the same owner has not In the event of a dispute regarding whether the returned a proportional ballot). signer of a ballot is the owner of the parcel to which the ballot applies, the City will make such • Who will tabulate ballots determination from the last equalized assessment roll and any evidence of ownership Ballots will be tabulated by the City Clerk or submitted to the City prior to the conclusion of some other impartial person designated by the the public hearing. The City will be under no City Council who does not have a vested interest duty to obtain or consider any other evidence as in the outcome of the proposed assessment. to ownership of property and its determination of The City Clerk or other designated person may ownership will be final and conclusive. be assisted by any of the staff and consultants of the City. In the event of a dispute regarding whether the signer of a ballot is an authorized representative • Results of tabulation of the owner of the parcel, the City may rely on the statement on the ballot signed under penalty The results of the tabulation will be announced of perjury that the person completing the ballot is following the completion of the tabulation and the owner's authorized representative and any entered in the minutes of the City Council evidence submitted to the City prior to the meeting. If ballots submitted in opposition to the conclusion of the public hearing. The City will be proposed assessment exceed the ballots under no duty to obtain or consider any other submitted in favor of the proposed assessment evidence as to whether the signer of the ballot is (as tabulated above), the assessment will not be an authorized representative of the owner and its imposed. determination will be final and conclusive. Disclosure of Ballots V. Public Record Duringand after the tabulation, Duringand after tabulation, o , the assessment all ballots are public ballots shall be treated as disclosable public records. records and be equally available for inspection by the proponents and opponents of the VI. Further Information proposed assessment. For further information, contact Mr. Scott Koppel, Principal Consultant with MuniFinancial at (800) 755-6864. —3— REQUEST TO CONVERT EXISTING OVERHEAD SERVICE TO UNDERGROUND in connection with proposed CITY OF PALM DESERT SILVER SPUR RANCH UTILITY UNDERGROUNDING ASSESSMENT DISTRICT NO.01-01 The undersigned submits this"Request To Convert Existing Overhead Service To Underground"to the City of Palm Desert(the"City")and certifies as follows: 1. The undersigned is/are the owner(s)of the parcel (the "Parcel") identified below. 2. The undersigned requests that subject to applicable rules,regulations, tariffs or ordinances, all electric or communication facilities, including connections to the undersigned's premises, located upon the Parcel be constructed, reconstructed,relocated, or converted by the City and/or its contractors as the City determines necessary in connection with the improvements constructed in connection with the proposed City of Palm Desert Silver Spur Ranch Utility Undergrounding Assessment District No. 01-01 (the "District"), if such District is established. This work will include work necessary to convert existing electrical main service panels from overhead to underground service, including all necessary panel boards and underground conduit to the point of connection at the property line. This also includes a two-inch conduit for telephone. 3. The undersigned requests that the cost of the work identified in paragraph 2, above,be included in the assessment levied in connection with the District pursuant to Section 5896.14 of the California Streets and Highways Code. 4. The undersigned authorizes the City, its contractors, and their respective officers, agents and employees to enter upon the Parcel for such purposes and waives any right of protest or objection in respect to the doing of such work and the inclusion of such cost in the assessment. 5. The undersigned understands that,but for this request,he or she would have the right to contract for any portion of such work on the Parcel. The undersigned understands that, if he or she were to do so,the cost of doing so may be more or less than the City's cost of doing the work. 6. The undersigned understands that work will only be done pursuant to this request if the City establishes the District and issues bonds in connection with the District sufficient to finance such work. 7. The undersigned understands that, if the District is established, he or she will be contacted by the City and/or its contractors,to arrange for the work described in paragraph 2, above, and that he or she may be required to sign additional documents prior to the commencement of such work. 8. The undersigned represents that he or she is authorized to make this request, and that no signature, other than that included below, is required to make this request with respect to the Parcel. Executed on this, the day of ,2003, in the City of State of Owner Signature: Printed Name: Owner Signature: Printed Name: Owner Address: Owner Phone: Parcel No: 630-243-014 Parcel Address: 47784 Silver Spur Tr Palm Desert, CA 92260 Owner Name(s): William James Koontz This request must be returned to the City Clerk of the City of Palm Desert at 73-150 Fred Waring Drive, Palm Desert, CA 92260-2578 by 4:00 PM on April 10,2003, or at the public hearing scheduled to take place in the City Council chambers at the same address on April 10, 2003 at 4:00 PM or as soon thereafter as feasible.