HomeMy WebLinkAboutRes 03-41 and 42 Silver Spur Ranch AD 01-01 •'� �� CITY OF PALM DESERT
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.... 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.
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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.
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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
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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.
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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.