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HomeMy WebLinkAboutRes 07-03 and 07-03A Benefit Assessment District BAD No. 1RESOLUTION NOS. 07-3 & 07-3A CITY OF PALM DESERT STAFF REPORT REQUEST: CONSIDERATION OF THE FORMATION OF THE CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1 SUBMITTED BY: DAVID YRIGOYEN, DIRECTOR OF REDEVELOPMENT/ HOUSING DATE: JANUARY 11, 2007 CONTENTS: RESOLUTION NO. 07- 3 MEETING DATE RESOLUTION NO. 07- 3A - " CONTINUED TO J -H 0 7 Recommendation: © PASSED TO 2ND READING By Minute Motion, that the City Council: Adopt one of the following resolutions in connection with the proposed formation of the Benefit Assessment District No. 1: A. In the case of a majority protest in connection with the Benefit Assessment District No. 1, adopt Resolution No. 07- 3 declaring the results of the tabulation of assessment ballots in connection with the Benefit Assessment District No. 1 and finding a majority protest exists. B. In the absence of a maioritv protest in connection with the Benefit Assessment District No. 1, adopt Resolution No. 07- 3A , ordering modifications to the Engineer's Report in connection with the Benefit Assessment District No. 1, approving the Engineer's Report as so modified, ordering formation of such district and confirming a maximum assessment in connection with such district. Discussion: The owners of certain property located within the Section 29 area of the City of Palm Desert have requested the City Council to initiate proceedings pursuant to the Municipal Improvement Act of 1913 to form an assessment district for the purpose of acquiring, constructing and installing certain public infrastructure improvements. One of the proposed improvements is the acquisition by the City of an existing drainage basin, which is proposed to be improved and expanded so that it can also serve certain of the properties within the proposed Section 29 Assessment District as :an alternative tq the developers providing on -site drainage. G:\RDA\Maria Hunt\WPDATA\YRIGOYEN\STFRPTS\011107Sec 29 BAD Formation.DOC P6401-1033\938260v2.doc Staff Report RESOLUTION NOS. 07-3 & 07-3A Consideration of Formation of the City of Palm Desert Benefit Assessment Dist. 1 Page 2 of 3 January 11, 2007 In order to provide financing for the ongoing maintenance and servicing of the drainage basin after it is acquired by the City, Staff recommends that the City Council undertake proceedings to form the City of Palm Desert Benefit Assessment District No. 1 (the "Benefit Assessment District") pursuant to the Benefit Assessment Act of 1982, commencing with Section 54703 of the California Govemment Code (the "1982 Act"). The 1982 Act provides for the annual levy of assessments to pay for the maintenance and servicing of certain public improvements, including drainage improvements. Staff recommends that the Council undertake proceedings to form the Benefit Assessment District concurrently with the proceedings to form the Section 29 assessment district to ensure that a mechanism to finance the ongoing maintenance of the drainage basin is in place prior to the City acquiring ownership of the drainage basin. In addition to including certain of the properties in the proposed Section 29 Assessment District, the proposed Benefit Assessment District will also include properties in the Monterey 170 Development. Properties in the Monterey 170 development currently use the existing drainage basin and currently finance the ongoing maintenance through a homeowners' association. On November 16, 2006, the City Council adopted a resolution of intention to form the Benefit Assessment District No. 1, to levy and collect assessments within the district, to set a public hearing on January 11, 2007 and to direct a property owner balloting procedure be conducted in connection with the proposed formation of the Benefit Assessment District. Such resolution also approved procedures for the completion, return and tabulation of assessment ballots, which are on file in the office of the City Clerk. On November 16th, the City Council also adopted a resolution preliminarily approving the Engineer's Report prepared by the City's assessment engineer, MuniFinancial. The Assessment Engineer has presented a modification to the Engineer's Report to reflect a revised acreage for a property owner in the proposed Benefit Assessment District. The proposed modification does not increase any of the assessments. The Engineer's Report, as modified, among other things, describes (i) the proposed services to be financed by the proposed annual benefit assessment, (ii) the properties proposed to be subject to the proposed annual benefit assessment, (iii) the method of apportionment for calculating each parcel's proportional special benefits from the services; and the (iv) the proposed annual benefit assessment. Formation of the Benefit Assessment District is subject to the requirements of Proposition 218. In accordance with these requirements, the City mailed a notice of the January 11th public hearing, together with an assessment ballot, to the property owners within the proposed Benefit Assessment District more than 45 days prior to the date of the hearing. P6401-1033\938260v2.doc 2 RESOLUTION NOS. 07-3 & 07-3A Staff Report Consideration of Formation of the City of Palm Desert Benefit Assessment Dist. 1 Page 3 of 3 January 11, 2007 At the hearing all interested persons must be given the opportunity to hear and be heard regarding protests and objections to the formation of the Benefit Assessment District, the levy and collection of the proposed annual benefit assessment, and related matters. Each ballot is weighted in accordance with the proposed annual benefit assessment against the parcel covered by the ballot. In order to be counted, all ballots must be returned to the City prior to the close of the public input portion of the Benefit Assessment District hearing. If the weighted ballots cast in opposition to the proposed annual benefit assessment do not exceed the weighted ballots cast in favor of the proposed annual benefit assessment (i.e., there is not a majority protest) the City Council may proceed to form the Benefit Assessment District and impose the annual benefit assessment. The City Clerk and the Assessment Engineer will tabulate the ballots following the close of the public input portion of the hearing and determine whether or not a majority protest exists. In the event of a majority protest, Staff recommends that the City Council adopt Resolution No. 07- 3 , which finds that a majority protest exists. In the event of a majority protest, proceedings for the formation of the Benefit Assessment District and the imposition of the annual benefit assessment will terminate. In the absence of a majority protest, Staff recommends that the City Council adopt Resolution No. 07- 3A , which is necessary to form the Benefit Assessment District and impose the annual benefit assessment. Resolution No. 07- orders modifications to the Engineer's Report, approves the Engineer's Report as modified, orders formation of the Benefit Assessment District and confirms a maximum assessment in connection with the Benefit Assessment District to pay for the ongoing maintenance and servicing of the drainage basin. Submitted by: `David Y ' yen Direct of Redevelopment/Housing DY:AKS:mh Approval: Approval: McCarth Redevelop Carlos L. b ega, y Manager Paul S. Gibson, Director of Finance P640I-1033\938260v2.doc 3 RESOLUTION NO. 07- 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT DECLARING THE RESULTS OF THE TABULATION OF ASSESSMENT BALLOTS IN CONNECTION WITH PROPOSED CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1 AND FINDING THAT A MAJORITY PROTEST EXISTS THE CITY COUNCIL OF THE CITY OF PALM DESERT HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The City Council, by its Resolution entitled "A Resolution of the City Council of the City of Palm Desert, California Declaring Its Intention to Form the City of Palm Desert Benefit Assessment District No. 1, to Levy and Collect Annual Assessments within Such District Commencing in Fiscal Year 2007-08, to Conduct a Property Owner Balloting on the Matter of the Proposed Assessments Connected Therewith and to Appoint a Time and Place for the Public Hearing on These Matters," (the "Resolution of Intention") declared its intention to form an assessment district designated the "City of Palm Desert Benefit Assessment District No. 1" (the "District") and to levy and collect an annual assessment (the "Benefit Assessment") against nonexempt properties in the District commencing with fiscal year 2007-08 to pay for the cost and expenses associated with the ongoing administration, operation, maintenance and servicing (the "Services") of an existing drainage basin and appurtenant facilities constructed in a portion of Section 29, Township 4 South, Range 6 East SBM in the City of Palm Desert, together with any future expansions, enlargements or improvements thereto, which drainage basin and appurtenant facilities will be owned by the City of Palm Desert and will serve certain of the properties to be developed in the development known as the Section 29 Development and properties in the existing development known as Monterey 170. Section 2. MuniFinancial, the Engineer of Work selected by the City Council, has prepared and filed with the City Clerk a report in connection with the proposed District, and the levy of the Benefit Assessment in accordance with Article XIIID of the California Constitution and the Benefit Assessment Act of 1982, commencing with Section 54703 of the California Government Code (the "Engineer's Report"), and the City Council did, by previous resolution, preliminarily approve such Engineer's Report. Section 3. The Resolution of Intention directed the City Clerk to give notice in accordance with law of a public hearing on the Benefit 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. Section 4. On January 11, 2007, following notice duly given in accordance with law, the City Council held a full and fair public hearing on the Resolution of Intention, the Engineer's Report, the levy and collection of the proposed Benefit Assessment and the proposed Services in connection with the District and protests and objections thereto (the "Hearing"). Section 5. At the Hearing, (i) all interested persons were afforded the opportunity to hear and be heard regarding protests and objections to the formation of the District and the levy and collection of the proposed Benefit Assessment, and all related matters, and (ii) the City Council heard and considered all oral and written protests. P6401-1033\938239v1.doc RESOLUTION NO. 07-3 Section 6. The City Clerk, together with such assistants as she deemed necessary, tabulated all properly completed and returned assessment ballots submitted and not withdrawn in connection with the Benefit Assessment. Section 7. The City Council hereby finds and determines that (i) a majority protest exists as defined in Section 4(e) of Article XIIID of the California Constitution, and (ii) the City Council shall not form the District as described in the Resolution of Intention. RESOLUTION NO. 07- 3 PASSED, APPROVED, AND ADOPTED THIS 11t DAY OF JANUARY 2007. 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. 07-3 was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of said council held on the 11th day of January 2007 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAINED: Richard S. Kelly, Mayor City of Palm Desert Rachelle D. Klassen, Mayor City of Palm Desert G.\RDA\Mara Hunt\WPDATA\YRIGOYEMCPD BAD#t\Palm Desert (Sec 29 BAD) Resolution Finding Majority Protest.DOC P6401-1033\938239v1.doc 2 RESOLUTION NO. 07-3A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT ORDERING MODIFICATIONS TO THE ENGINEER'S REPORT IN CONNECTICIN WITH THE CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1, APPROVING THE ENGINEER'S REPORT AS SO MODIFIED, ORDERING FORMATION OF SUCH DISTRICT AND CONFIRMING A MAXIMUM ASSESSMENT IN CONNECTION THEREWITH THE CITY COUNCIL OF THE CITY OF PALM DESERT HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: Section 1. Pursuant to the provisions of the Benefit Assessment Act of 1982, commencing with Section 54703 of the California Government Code (the "Act"), the City Council of the City of Palm Desert (the "City"), by resolution, proposed the formation of an assessment district designated as the "City of Palm Desert Benefit Assessment District No. 1" (the "DistricY') and the levy and collection of an annual assessment against nonexempt properties in the District commencing with Fiscal Year 2007-08 to pay for the cost and expenses associated with the ongoing administration, operation, maintenance and servicing (the "Services") of an existing drainage basin and appurtenant facilities constructed in a portion of Section 29, Township 4 South, Range 6 East SBM in the City, together with any future expansions, enlargements or improvements thereto, which drainage basin and appurtenant facilities will be owned by the City and will serve certain of the properties to be developed in the development known as the Section 29 Development and properties in the existing development known as Monterey 170. Sectio� 2. As required by Section 54716 of the Act, the City Council has caused a written report, entitled "City of Palm Desert Engineer's Report for the Formation of Benefit Assessment District No. 1, Parcel Map No. 24255 (Monterey 170) /Assessment District 2004-2 (Section 29) Fiscal Year 2007-2008," to be prepared by the Assessment Engineer, MuniFinancial (the "Engineer's Report"). The City Council, by its resolution entitled "A Resolution of the City Council of the City of Palm Desert, Califomia lnitiating Proceedings for the Formation of City of Palm Desert benefit Assessment District No. 1 and the Levy and Collection of Annual Assessments Related Thereto Commencing with Fiscal Year 2007-08 and Accepting and Approving an Engineer's Report in Connection Therewith" preliminarily approved the Engineer's Report and the Engineer's Report is on file in the office of the City Clerk and available for public inspection. Section 3. In the time and manner required by Article XIIID of the California Constitution and Section 53753 of the California Govemment Code, the City Clerk caused to be mailed to the record owner of each assessable parcel in the District an assessment ballot on which to indicate the owner's support for or opposition to the proposed assessment. P6401-1033\937825v4.doc RESOLDTION NO. 07-3A Section 4. On January 11, 2007, following notice duly given in accordance with law, the City Council has held a full and fair public hearing regarding the Engineer's Report and the imposition of the proposed assessment. At such public hearing, the Assessment Engineer presented to the City Council certain proposed modifications to the Engineer's Report. Such modifications result in no increase in the total amount of the assessment and no increase in the amount of the assessment against any individual parcel within the District. The City Council hereby orders such modifications to the Engineer's Report to be made. A copy of the Engineer's Report as modified shall be on file in the office of the City Clerk and open for public inspection. Section 5. As set forth in the Engineer's Report, as modified, the proposed annual assessment for any fiscal year (the "Annual Assessment") is an amount that is less than or equal to the maximum assessment for that fiscal year (the "Maximum AssessmenY'). � The proposed Fiscal Year 2007-08 Maximum Assessment against a parcel was determined by apportioning the total maximum costs of the Services for Fiscal Year 2007-08 among the assessable parcels in the District based on the special benefit received by each parcel. The Maximum Assessment is the product of the maximum assessment rate (the "Maximum Assessment Rate") times each parcel's proportional special benefit. Each fiscal year, commencing Fiscal Year 2008-09, the Maximum Assessment Rate will automatically increase for inflation. The annual inflationary adjustment will not cause the Maximum Assessment Rate for any fiscal year to increase above the prior year's Maximum Assessment Rate by more than the greater of three percent (3%) or the annual percentage change in the Consumer Price Index of A{I Urban Consumers, for the Los Angeles-Orange-Riverside Area. Reference is made to the Engineer's Report, as modified, for a more complete description of the proposed District, Services, Maximum Assessment Rate, Maximum Assessment, Fiscal Year 2007-09 Maximum Assessment and Annual Assessment. Section 6. All interested persons were afforded the opportunity to hear and be heard regarding protests and objections to the formation of the District and the levy and collection of the proposed Annual Assessment. The City Council considered all oral and written statements, protests and communications made or filed by interested persons. Pursuant to Article XIIID of the Califomia Constitution and Section 53753 of the California Govemment Code, at the conclusion of the input portion of the public hearing, the City Clerk caused to be tabulated those assessment ballots submitted and not withdrawn prior to the conclusion of the public input portion of the public hearing. In tabulating the assessment ballots, each ballot was weighted according to the amount of the proposed Fiscal Year 2007-08 Maximum Assessment against the parcel. The City Council hereby finds that a majority protest does not exist as defined in Section 4(e) of Article XIIID of the Califomia Constitution. All protests and objections to the formation of the District and the levy and collection of the proposed Annual Assessment are hereby overruled by the City Council. Section 7. Based upon its review of the Engineer's Report, as modified, and other reports and information, the City Council hereby finds and determines that (i) the land within the proposed District will be specially benefited by the proposed Services, (ii) the proposed District includes all of the lands so benefited, (iii) the amount to be G:\RDA\Maria Hunt\WPDATA\YRIGOYEMCPD BAD#1\Palm Desert(BAD)Resolution Approving Report and Imposing Assessment.DOC 2 P6401-1033\937825v4.doc RESOLIITION N0. 07-3A assessed for Fiscal Year 2007-08 upon the lands within the proposed District in accordance with the Engineer's Report, as modified, is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the Services, and (iv) only special benefits are assessed and no assessment is imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Section.8. The City Council hereby declares that the Engineer's Report, as modified, as a whole and each part thereof, is hereby finally approved and confirmed. Section 9. The City Council hereby orders formation of the District and the exterior boundaries thereof are as shown by a diagram in the Engineer's Report, as modified, and such diagram of the District is incorporated herein by this reference. Section 10. The City Council hereby confirms the Maximum Assessment, which includes an annual inflationary adjustment to the Maximum Assessment Rate, as more fully described in the Engineer's Report, as modified,. Each annual aggregate amount of the approved Annual Assessment for each fiscal year shall not exceed the estimated annual cost of providing the Services for such fiscal year. The revenue derived from the Annual Assessment shall not be used to pay the cost of any service other than the Services. The City Council shall annually determine the cost of these Senrices and, by resolution, determine the amount of the Annual Assessment. Section 11. Each Annual Assessment shall be collected in the same manner, and be subject to the same penalties and priority of lien as, other charges and taxes fixed and collected by, or on behalf of the City, except that if, for the first year the Annual Assessment is levied the real property on which the Annual Assessment is levied has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of county taxes would become delinquent, the confirmed Annual Assessment shall not result in a lien against the real property but shall be transferred to the unsecured roll. Section 12. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things, to execute and deliver any and all documents which they may deed necessary or advisable in order to effectuate the purposes of this Resolution and any actions previously taken by such officers are hereby ratified and confirmed. G:�RDA�Maria Hunt1WPDATA\YRIGOYEMCPD BAD#1\Palm Desert(BAD)Resolution Approving Report and Imposing AssessmaM.DOC 3 P640 I-f 033\937825v4.doc RESOLUTION NO. 07-� PASSED, APPROVED, AND ADOPTED THIS 11th DAY OF JANUARY 2007. STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss. CITY OF PALM DESERT I, Rachelle D. Klassen, City Clerk of the City of Palm Desert, Counry of Riverside, State of California do hereby certify that the foregoing Resolution No. 07-3A was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of said council held on the 11�' day of January 2007 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Richard S. Kelley, Mayor City of Palm Desert Rachelle D. Klassen, City Clerk City of Palm Desert G:\RDA\Maria Hunt\WPDATA\YRIGOYEMCPD BAD#1\Palm DeseR(BAD)Resolution Approving RepoA an0 Imposing Assessment DOC 4 P6401-1033\937825 v4.doc CITY OF PALM DESERT �NC�INI-:ER'S RGPOR'1' FOR'1'HI-: PORI�I�ITION OF BENEFI'I'.�1SSI:SSMENT DISTRICT NO. 1 Parcel I�'Iap No. 24255 (i��lonterey 170) / �lssessment District 2004-02 (Section 29) FIS(:�I,YFr�R 2007/2008 r� . A �` CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1 Parcel Map No.24255 (Monterey 170) / Assessment District 2004-02 (Section 29) Intent Meeting: November 16,2006 Public Hearing: January 11,2007 �MuniFinancial Corporate Office Offrce Locations 27368 Via lndustria Anaheim,CA Pensacola,FL Suite 110 Lancaster,CA Phoenix,AZ Temecula,CA 92590 Los Angeles Regional Oifice Sacramento,CA Tel: (909)587-3500 Oakland,CA Seattle,WA Tel: (800)755-MUNI(6864) Fax: (909)587-3510 www.muni.com ENGINEER'S REPORT AFFIDAVIT Formation of the City of Palm Desert Benefit Assessment District No. 1 Parcel Map No. 24255 (Monterey 170) / Assessment District 2004-02 (Section 29) and establishment of Arinual Assessments for said District "The District includcs parcels of land within thc subdivisions known as Parcel i�1ap No. 2425� (iLfontere}� 170) / rlssessment I�istrict 2004-02 (Section 29) City of Palm Desert, County of Riverside, State of California 7'his Report, which includes the enclosed budget, assessments, descripuons and diagrams, outlines the proposed formauon of Benefit �lssessment Disttict No. 1, I'arcel I�1ap No. 2-�255 (1lontere}' 170) / Assessment District 2004-02 (Section 29). The proposed District includes lots, parcels, and subciivisions of land within the subdi��isions known as Parcel I�1ap No. 2�425� (I�fontere}� 170) / :�ssessment District 2004-02 (Section 29), as the same existed at the time of the passage of thc Resolution of Intention. Referencc is hereby made to the Riverside Counh� 1lssessor's maps for a detailed description of the lines and dimensions of parcels �vithin the District. 1'he undersigned respectfull}' submits the e;nclosed Report as ciirected b}• the Cin' Council. l�ated this da}�of ,2007. ,tifuniPinancial ,�ssessment F.ngineer On Behalf of the Cit}' of Palm Desert 13r�: Richard Kopeck�� R. C. }�:. # 1 C742 TABLE OF CONTENTS INTRODUCTION...................................................................................................... 1 PART I—PI.ANS AND SPECIFICATIONS............................................................4 .�. Benefitin� Properties �vithin the District..........................................................-1 B. Funciing authorized by the 1982 �ct...................................................................t C. Description of Improt-ements and Senices.....................................................1 PART II—METHOD OF APPORTIONMENT.....................................................6 1�. General............................................................................................................................G B. Benefit ��nalysis ...........................................................................................................G C. �lssessment 1�lethodolog}�........................................................................................7 D. �lssessment Range N'ormula...................................................................................8 PART III—DISTRICT BUDGET...........................................................................10 PART IV—DISTRICT DIAGRAMS........................................................................il PART V—ASSESSMENT ROLL.............................................................................]3 Lngincer's Report Cih-of Palm llesert I3enefit.�ssessment District�;o. 1 INTRODUCTION Pursuant to the provisions of the Benefit,�Is��essmeirt.�Ict of 1982, Geing CGapter G.� of tl�e Califontiu C�over�rment Code, c•omme�rci�rg witl� Section 5-F703 (hereafter referred to as the "1982 Act"), and in compliance �vith the substantive and procedural requirements of the C,alifornia Stute Co�utiti�tion .�Irtic�le XIIII� (hereafter referred to as the"California Constitution"), the City Council of the Cit}� of Palm I�esert, Count}� of Riversidc, State of California (hereafter referred to as "Cih•"), pr�poses to form and le��y special benefit assessments for the district designated as: City of Palm Desert Benefit Assessment District No. 1 (hereafter referred to as "District"), which includes lots and parcels of land �vithin the subdivisions known as ;�lontere}� 170 and the proposed subdivision known as Secrion 29, within the Cin• limits of Palm Desert. 'I'he areas to be included in the District are also known as I'arcel 1�1ap No. 24255 (i�tontere}• 170) / rlssessment District 200�-02 (Section 2)). 'I'his Engineer's Report (hereafter referred to as "Report") has been prepared in connection with the formation of said llistrict and the let�y and collecuon of annual assessments related thereto commencing in fiscal }�ear 2007/2008, as required pursuant to.-lrticle 4, Secuon �4716 of the 1982.1ct. 1'he Citti• Council proposes to form the llistrict, and lev}• and collect annual assessments on the (:ounn- tax rolls ro provide ongoing funding for the costs and expenses required ro ser��ice and maintain the existing drainage basin improvements, facilities and expansions thereto associated �c�ith properties in the District that are currently� developed, and those properties that are to be de��eloped within the District (the "services"). 'The sen�ices to be provided by the District and the assessments described herein are made pursuant to the 1982 Act and the substanti��e and procedural provisions of the California Constituuon. "1'his Report describes the District, the services, and the propased assessments to be let•ied against properties in connection �vith the special benefits that the properues will receive from the maintenance and sen�icing of the District improvements and facilities commencing in fiscal ��ear 2007/2008. The formation of this District and the assessments described herein will �ro�•ide a funeiing source (annual assessments) for the conunued operation, maintenance and servicing of thc drainage basin,including expansions thcreto. "I'he services and assessments described in this Report are based on the current and planned de�-el�pment of propertics within the District and represent an estimate of the direct expenciitures, incidental expenses, and fund balances that will be necessary� to operate, maintain and ser��ice the drainage basin that provides special benefits to properties within the District. The structure �f the District (organization), the pro�osed services, the methc>d of apportionment, and assessments described herein are based on the current and proposed de��elopment �vithin the Districr, and b�� reference the plans and specifications for the drainage basin and expansion thereto are made part of this Report. Munt1'inuncia! Puqe 1 �.ngineer's Report Cin'of 1'alm llescrt Benefit_�ssessment District:�io. 1 Thc �y�ord "parcel," for the purposcs of this Keport, rcfers to an indi��idual property assigned its own ,-�ssessor's Parccl Number (APN) bt� the Riverside Count}• .�ssessor's Office. The Riverside C;ounh' .-�uciitor-Controller uses �lssessor's Parcel Numbers and specific I�'und Numbers to idcritifj� properties to be assessed on the tax roll for the special benefit assessments. :1s part of this llistrict formation, the Cin� of Palm l�esert shall conduct a Properh• Owner ]'rotest Ballot proceeding for the proposcd Ic��• of a ne�v assessment pursuant to the provisions of the Californra Constitution, 19rticle XIIID Section 4. In conjunetion �vith this ballot proceeciing, the City Council will conduct a noticed public hearing to consider public testimonies, comments and written protests regarding the formation of the District and lev}• of assessments. at the public hearing, property owner protest ballots received will be opened and tabulated to detcrmine whether a majorit�� prorest exists (ballots shall be weighted based on assessmcnt amounts),and by resolution the Cit�• Council will confirm the results of the ballot tabulation. If a majorin� protest exists, proceedings for the le«� of llistrict assessments shall be abandoned. lf tabulation of the ballots inciicates that a majorit�� protest does not exist for the proposed assessments and the assessment range formula presented and described herein, the Cit�• Council ma}• appro�•e the Rcport (as submitted or amended), order the Formation of the District, and appro�-e the le��� and collecrion of assessments. In such case, the assessments for fiscal �-ear 2007/2008 shall be submitted to the Rivcrside Count}• �'luditor-Controller for inclusion on thc properh� tax roll for each parccl. rach subsequent fiscal �•ear, a Report shall be prepared and presented to the Cit�• Council describing an�� changes to the proposed ser�-ices, the annual budget and assessments for that fiscal��ear, and the Cin' Council shall hold a noticed public hearing regarding thcse matters pri�r to a�pro�-ing and ordering the proposed le��- of assessments. If the proposed assessments for the I�istrict exceed the maximum assessment described herein (as approved b}• the propern� owners), the new or increased assessment must be confirmed through another propern• o�vner protest ballot proceeding before such an assessment ma}• be imposed. It should be noted that an increased assessment to an individual propert�� resulung from changes in de��elopment or land use does not constitute an incrcased assessment. "I'his Report consists of fivc (5) parts: Part I Plans and Specifications: �1 description of the District boundaries and the proposcd improvements associated tvith the District. Part II The Method of A�pottionment: �1 discussion of benefits the services provide to �roperties �vithin the District and the method of calculaung each propern's proporuonal special benefit and annual assessment. This section also identifies and outlines an rlssessment Range f�ormula that provides for an annual adjustment to the �laximum rlssessment Rate that cstablishes limits on future assessments, but also proeides for rcasonable cost adjustments due to inflation �L-ithout the addcd expense of addiuonal propern� o�vner protest ballot proccedings. M(1111F1/1(lIT�7(1� Pnqe 2 l�.ngineer's Report Cin'of I'alm Descrt Benefit_�ssessment District'�;o. 1 Part III The Disttict Budget: r1n estimatc of thc annua] costs to operatc, maintain and ser��ice the drainage basin improaements and facilities installed and constructed to support current and proposed development�vithin the llistrict. 'I'his budget includes an esumate of anucipated ciirect maintenance costs and incidental expenses including, but not limited to administration c��enses and the collecuon of appropriate fund balances to establish an initial I�faximum ��ssessment Rate to be approved by� the property owners of record. '1'he special bencfit assessments are based on the overall operation, maintenance and scrvicing costs minus an}� costs that are considered general benefit or not assessed as special benefit. 'I'he proposed assessments for the first fiscal }-ear (2007/2008), and each subsequent ��ear shall be based on the esumated net annual cost of operadng, maintaining and ser��icing the District improvements for that fiscal }�ear. The proposed I�laximum :�ssessments Rate (Rates per Equiralcnt Benefit C,'nit) identified in the budget of this Report establishes the initial nZaximum rlssessment Rate for the District in fiscal ��ear 2007/2008 and shall be adjusted annuallti� b}� the rlsscssment Range Formula dcscribed in the method of apportionment. Part IV District Diagtam: A Diagram sho�ving the exterior boundaries of the District is provided in this Report and includes all parcels that will receive special benefits from the sen�ices. Parcel identification, the lines and ciimensions of each lot, parcel and subdivision of land within the llistrict, are inclusive of all parcels as shown on the Riverside Count}• tlssessor's Parcel Maps as theti> existed at the ume of the passage of the Resolution of Intention, and shall include all subseyuent subdi�•isions, lot line adjustments or parcel changes therein. KeEerence is hereb}• made to the lZiverside Counn' �lssessor's maps for a detailed description of the lines and dimensions of each lot and parcel of land�vithin the District. Part V Assessment Roll: 1� lisung of the proposed assessment amount to be presented to thc propern� owners of record in the protest ballot proceedings required pursuant to the pro��isions of the California Constitution. 77ic proposed assessment amount for each parcel is based on the parcel's proporuonal special benefit as outlined in thc method of apportionment and thc proposed initial I�faximum�lssessment Rates. MII1I1�'lIIU/Jilp� Pnqe 3 I-ingineer's Rcport Ciri•oE Palm llesert 13eneFit_lssessment llistrict\io. 1 PART I - PLANS AND SPECIFICATIONS A. Benefiting Properties within the District "11�e territorti� within the District consists of all lots, parcels and subdi��isions of land �vithin the subdivision known as Monterey� 170 and thc proposed subcii��ision known as Section 29,�vhich encompasses an area of land totaling approximatel}• four hundred sixn• acres (-�GO acres). "I'he subdi�-isions are generallj�lncated: • North of Gerald F�ord; • Southwcst of Interstate 10; • �X'est of the Portola.,venue; and, � F.ast of i�fontere�•:1��enue. 'I'he parcels within the District at the time of the Resolution of Intention are identified on the Ri�-ersidc Count�• �lssessor's Securcd Roll (as of June 2006) and the .lssessor's 1'arcel I�1ap as: l�ook 653, Pagcs 25, 26, 81, 82, 8� and 86; Book G53, Page 25, Parcels 012, 032,03�4, 03G, 038, 039,042 through 04G, 050, 0�1,053, 054,0�5,0�7, 058,060 and 073; L3ook 6�3,all I'arcels on Page 2G except I'arcels 021 and 029;and Book 653, all l'arcels on I'ages 81, 82, 8� and 8G. B. Funding authorized by the 1982 Act �1s generall}' defined b}• the Benefit rlssessment Act of 1982 and applicable to this District, the City ma}• impose a benefit assessment to finance the maintenance, operation and sen�icing costs associated with the drainage basin described below. C. Description of Services '11�e purpose of this District is to fund the activities necessar5� to operate, maintain and ser�-ice the drainage basin constructed in a poraon of Secdon 29;1'o�vnship � South, Range G F,ast SBI�i and to be enlarged in connection with current and ne�v development of properues. The maintenance, operauon and servicing of these improvements mati� include but are not limited to all materials, cquipment, labor, and incidental expenses dcemed necessar}� to keep the drainage basin in satisfactor�- conciidon. The maintenance of the improvements and related acrit-ities shall be funded entirely� through the llistrict assessments."I1ie District sen�ices are generall}•described as: Mum1�7�ran�in/ P�?qe 4 I�:nginccr's Report Cit}•of Palm l�cscrt Benefit_�ssessment llistrict\o. 1 � Drainage basin maintenance that may include but is not limited to inspection, repair, removal and replacement, and sen�icing of drainage basins, inlets, catch basins, manholcs, outlets, dr��wells, pumps, filters and storm drain pipes installcd in connection �vith the de�-elopment of benefiting properties as well as any� off-site improvements and facilides directl�- associated �vith the aforementioned infrastructure that is deemed necessar�� to sen�ice or protect the properties; • .�111 appurtenant, equipment, materials and sereice contracts related to the operation, maintenance and ser��icin�of the aforementioned impro��ements and facilities; Detailed maps and descripdons of the locarion and extent of the specific improvements to be maintained bti� thc; District are on file in the Office of Public�Y'orks and b}•reference are made part of this Report. The annual cost to provide the services deterniuied to be of special benefit shall be allocated to each propert}� in proporuon to the special betiefits received from those��arious sen�ices. Drainage Basin Maintenance "11�e drainage basin maintenance may include, but is not lunited to: graciing of access perimeter roads, repair of erosion of slopes to access roads, debris clearance, anchormat repairs, dust control through the applicadon of soil stabilization agents, �veed abatement, mosyuito and vector control, storm drain inlets and oudets, pumps, filters and pipes. I7�e annual assessments for this District are intended to support the drainage basin and the maintenance program that will adequatel�� regulate and control storm �vater runoff resuldng from current and proposed development �vithin the District. 111is maintenance program ma}� include but is not limited to: inspection and documentation of the system; cleaning, senricin� or repair of the facilities and equipment; and the partial removal, replacement or rehabilitation of equipment and faciliaes. '171e drainage basin will cover an area of ap�r�ximatel�• � acres. "111e Public ��'orks Department shall authorize and schedule all operational acti�-ides and maintenance of the drainage basin. :1 por[ion of the sen�ices described above might not be performed on an annual basis but rather as a result of an extraordinar}•event, such as replacement of the anchormats and other major facilit�� repairs, and the funds necessan� for these acri�rities are collected as part of the annual assessments. The monies collected each ��ear for these extraordinan� senrices shall be accumulated in a special fund of the District (Reserve Fund). "I1ie monies accumulated for these acri��ities shall be spent as needed to perform the ser�7ces deemed necessary b}• the City�. This process of pro�riding a reserve shall conrinue until such time the District is ciissolved; or the Ciri• determines that such funding procedures reyuire mociificadon. Changes in the process of pro��ding a reserve that�vould result in an increase to thc annual assessment rate must be presented to the properh� owners for approval prior to imposing such an incrcasc. Muai7~7imncrn! Pnqr� Ln�ineer's Report Cit�•of I'alm Dcscrt I3enefit:lssessmcnt Uistrict tio. 1 PART II - METHOD OF APPORTIONMENT A. General "111e 1982.1ct permits the establishment of assessment districts b}' agencies for the purpose of providing for the maintenance, operarion and servicin� oE drainage and flood control unpro��ements as well as streets, roads and appurtenant facilities. The 1982 �1ct further requires that the cost of these impro��ements be le��ed accorciing to benefit rather than asscssed valuc: `7%e amor�nt of l/�e asse.rsment imfiosed o�t u�r}�parcel of praperty.rha/l Ge reluted to the /�e�refrt to the�urcel whi��h rvill(�e derived from 1Ge�iror�ision ojthe.reruic�e". I�'urthermore: `TGe mrnual u�gregute umolrnt of the as-sessmejit shall not eti•ceed t/�e estimated uiurua!co3�t of �ro�idrng tl�e seruice, et�cept that the legi.rlative Gody may, hy re.rolution, rletermrne 1ha1 tGe e.rtimated e•o.rt of work ur�t/�oritied ... i.c greater tl�a�r cun /�e con»e�riently rai.ced from a .ci�r�le a�rnun!u.rse��smenl and order tGat tbe estimuted co.rt sGall Ge raised Gy air a.r,ree�sme�rt le��ier!and col/ec•ted i�r installmertt.r.... The revent�e derir�ed from t/�e asse.rsment.cbal/not Ge ured tn�ia}�tl�e cost of any service other tl�an the.rernice for svGic%tl�e u,r.ces.rment wa.r levied. '11ie method of apportionment described in this Report for allocation of special benefit assessments utilizes commonl}• accepted engineering pracdces and is in compliance�vith the pro�-isions of the 1982 rlct and the Califomia Constiturion. The formulas used for calculating assessments reflects the composirion of parcels within the District and the impro��ements and senrices provided, to fairl}� apportion the costs based on the special benefits to each parcel. B. Benefit Analysis I�ach of the proposed sen7ces,and the associated costs and assessments ha��e been carefull�� reviewed,idenufied and allocated based on special benefit pursuant to the pro��isions of the 1982 .�ct and the Califomia Constitution. The drainage basin improvements associated�vith this District are necessar}' and essenrial requirements for existing development, and the orderl}-development of future properties within the llistrict ro their full potential,consistent with the condidons for devclopment of the properries,protection of downstream properdes which would be negari��el}' affected b}- increased storm runoff from the developed properties without the basin, and the applicable portions of the Cin'General Plan. ,�s such, the ongoing operauon, ser�ticing and maintenance of those improvements would otherwise be the ciirect financial obligation of each indi��idual property owner. Since the existing parcels and proposed new development to be assessed are ciirectl}' served b}� the drainage basin, each parcel has a direct investment in the proper maintenance of the various unpro�•ements that is o�-er and abo�•e an}• general benefits that ma}' be conferred b}' such impro��cments and senrices. The construction and installation of these impro�•ements are onl�� necessary� for the properues within the I�istrict. .�1s such, these improvements were not required nor Muni7�inancinl PnQe G L',ngincer's Report Cih•of Palm Desert Bcnefit .\sscssment llistrict I�o. 1 necessaril}�desired b}'ant'properucs or de��elopments outside the District boundan�and anti• public access or use of the unpro��ements b�• others is incidental. "11-ierefore, it has been determined that the ongoing maintenance, ser�ncing and operation of the District improt�ements pro�7dc no measurable general benefit to propercies outside the District or to the public at large, but clearl�� provide distinct and special benefits to properries within the District. C. Assessment Methodology :111 costs associated with the services shall be fairl}'distributed among the parcels based upon the s�ccial benefit received b}� each parcel. �lddirionall}', in compliance with the California Consdturion ��rricle �iIIID Section 4, each parcel's assessment ma}• not exceed the reasonable cost of the proporrional special benefit conferred to that parcel. '11�e benefit formula used to detercnine the assessment obligation is therefore based upon both the services that benefit the parcels �vithin the District as �vell as the gross acrc,�age of each propern•as compared to other parcels that benefit from those sc:n�ices. "I1�e method of apporrionment established for this District and described hercin,reflects the proporuonal special benefit each propert�• receives from the sennces based on the gross acreage of that parccl as compared to the total gross acreage of all properties within the District except those that retain runoff on-site and do not reccive an}' special benefit from those services. Equivalent Benefit Units In order to assess benefits eyuitabl}- it is nccessar}• to relatc each propert�'s propordonal special benefits to the special benefits of all ather properries�vithin the District.The method �f apparnonment established for this district, formed under the 1982 Benefit�1ct,will utilize a weighted method of appordonment l�nown as an Equitralent Bcnefit Unit (I�.BU) methodology.This proportional weighting ma}•be based on several factors that ma}•include, but are not limited to: the n�pe of development (land use), de��elopment-status (dcveloped versus undeveloped), size of the propert}�, location af the propert}�, developmcnt plans or restrictions, vehicular trip generation, street frontage, densities ar other properh� related factors. CGenerall}� for most districts the calculation of each parcel's proporrional special benefit can be reasonabl}'detennined by appl}7ng one or more of these facrors. Since the drainage basin will be constructed to retain runoff from the properties �vithin the District and thc cost of maintenance is direcd}� related to the size of the basin,each parccl's proportional special benefit has been based on the parcel's gross acreage as compared to the total gross acreage of all other parcels�vithin the District except those that retain runoff on- site and do not receive an}'special benefit from those ser��ces.CTenerall}•,storm�vater runoff occurs from the entire pazcel before and after development. "1'hus the gross size of a parcel prior to development provides a relati�•e comparison to the amount of runoff the parcel tvill contribute to the drainage basin and thus the cost of maintenance. '17zerefore, it has been determuied that for this District, each parcePs proJ�ortional benefit (Equi��alent I3enefit L'nits) shall be equal to the parcel's gross acreage before de��elopment (rounded to hvo decunal places). Exempt Parcels — This land use identifies propertics that are not assessed and arc assi�ned 0.00 CBC'. 'I1�is land use classification may include but is not limited to: MuntT-�7nuncrnl 1'nge' I�:ngirteer's Report Cit�•of Palm Desert Benefit_�ssessment District\o. 1 � I.ots or parcels identified as public streets and other roadway�s (t��icall�• not assigned an Al'N b�• the Count�•) which are other�vise included in the gross acreage of the parcel prior to de��elopment; • I�edicated public easements including open space areas, utilih� rights-of-�va�-, grcenbelts, parkwati�s, parks or other publicly owned propertics that are part of thc District impro�•ements or ma}-providc other benefits to pri�-ate properues �vithin thc llistrict; • Private properues that cannot be developed independentl}� from an adjacent propert}•, such as common areas, sliver parcels or bifurcated lots or properucs with ��er�� restricuve de��elopment use but are included in the gross acrea�e prior tc> development; • Parcels owned b}' the school district, Coachella t�alle�• �t'ater District and pri��ate de�•elopers that �vill not be assessed as part of this benefit assessment district, since the runoff gencrated b}- thesc properties shall be capturcd and retaincd onsite through the construction and grading of the sites. '1'hese n�pes of parcels are considered to receive little or no benefit from the improvements and are thercforc exempted from assessment, but shall be rerie�ved annuall}� b}� the assessment engineer to confirm the parcels' current development status. C',overnment owned properties or public pr<�perties are not necessaril�• exempt properties and shall be subject to special benefit assessment unless it yualifies for an exempt status. 11ic follo�ving formula is used to calculate each parcel's EBU (proportional benefit). Total Budget/ Total EBU (Gross Acres)= Assessment Rate per EBU (Parcel's Acteage / Total Net Acteage) x Total EBU = Parcel's EBU Assessment Rate per EBU x Parcel's EBU = Parcel Levy Amount I�'or all subsequent parcel subdivisions that result in a final map of buildable residential lots, the number of �:BUs assigned tc� such lots shall be calculated b}� tal:ing the CB�` initiall}• calculated for the ori�;inal 1'arcel (identified at the time of this Report) and apportioning the original assigned �:BUs equally to thc new buildable residenual lot(s) or b}' equivalent gross acreage for non-residenual lots created b�• a subdi��sion map. The corresponding assessment shall be levied against the applicable corresponding.�ss�ssor's Parcel Number(s). D. Assessment Range Formula r1n}�new or increased assessment requires certain noticing and meeting requirements b��law. Pri�r to the passage of Proposi[ion 218 (California Constitution �lrticles XIIIC and�iIITll), legislati�•e changes in the lirown :1ct defined a "new or increased assessment' to exclude certain conditions. 'I'hese condirions included "an�� assessment that does not exceed an assessment formula or range of assessments �rciriously� adopted b�� the agency� or appro��ed b}' thc voters in thc area wherc thc assessment is imposed." "I11is definidon and condidons �verc later confirmed through Senatc Bill 919 (Proposition 218 implementing lc�islarion). The purpose of establishing an �-�ssessment Range I�ormula is to pro��ide for reasonable increases and inflarionar}• adjustment to annual assessments without reyuiring costl}•noticing Munt1'7nundn! Puqe 8 I�nginccr's Report Cit}•of Palm Desert Benefit_�sscssment District No. 1 and mailing procedures, which could add to the llistrict costs and assessments. �1s part of the Distxict formation, the nouce and assessment ballots presented to the properh' o�vners for approval, includes a maximum assessment amount for fiscal }�ear 2007/2008 (initial maximum assessment), identification of the corresponding �laximum �lssessment Rate and a suirunan�of the:lssessment Range I�'ormula described herein. The .�lssessment Range rormula for this District shall be applied to all future asscssments and is generall}•defined: • If the proposed annual assessment (le��� per EI3L� for the upcoming fiscal ��ear is less than or cyual to the adjusted I�laximum :�ssessment Rate, then the proposed a�inual assessment is not considered an increased assessment. • '111e I�laximum �lssessment Rate is equal to the (Initial) Maximum 1lssessment Rate established for fiscal y�ear 20(?7/2008 adjusted annuall�� b}' the greater of three percent (3°io) or, the annual percentage change in the Consumer Price Index (CI'I) of ".�ll Urban Consumers" for the I.os l�ngeles-Orange-Riverside.�rea. �3eginning in the second fiscal y�ear (fiscal��ear 2008/2009) and each fiscal5�ear thereafter,the I�laximum �ssessment Rate will be recalculated and a new I�laximum ,�ssessment Rate established for the fiscal year urilizing the.lssessment I�nge Formula described abo��c. "1'he adjusted;�4aximum.�ssessment Rate shall be calculated independent of the District's annual budget and proposed assessment. The annual percentage change in CPI shall be based on available data pro�rided by the U.S. Department of Labor; Bureau of Labor Statisdcs at the time the annual Report is prepared. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the Cin� shall use the revised indea or comparable s}•stem as approved b}' the Cin� Council for determining fluctuations in the cost of living. r�n�� proposed annual assessment (rate per CBC;) less than or equal to the calculated (adjustec� �laximum rlssessment Rate is not considered an increased assessment,e��en if thc proposed assessment is greater than the assessment applied in the prior fiscal��car. '1'o impose a new or increased assessment other than the annual inflarionar}• adjustment provided b}' the preceding .lssessment Range Formula, the City� must comply� with the pro��isions of the California Constiturion rlrticic XIIID Section �c, that requires a public hearing and certain protest procedures including mailed norice of the public hearing and properh� o�vner protest balloring. Propert}' owners, through the balloring process, must approve a proposed new or increased assessment before such an assessment ma�• bc imposed. r1s part of the District formation, propert}' owners shall be balloted for a special benefit assessment necessan� for the annual operarion and maintenance of thc I�istrict unprovements. This Report establishes an assessment amount for each of the existin� properties within the District and this amount is used to determuie if majorit��protest exists in the ballot tabulation. These assessments are based on the initial I�iaximum :lssessment Rate and method of apportionment described in this Report. "I3�e norice and ballot presented to the propern' owners idenafies the uuual I�laximum rlssessment Rate and the �lssessment Range Formula described above. In tabulating the ballots, the ballots �vill be weighted according to each parcel's le��� amount, �vhich is based on the inidal I�1a�cimum rlssessment Rate. MuniT'inamiul Pnqe 9 I:ngincer's Report Cih•of PaLn llesert Benefit_�ssessment District I`o. 1 PART III - DISTRICT BUDGET BENEFIT ASSESSMENT DISTRICT BUDGET DIRECT COSTS TOTAL I.abor and '�faintenance � 72,500.00 '�fatenals 77,000.00 L'tilitics 1,513.00 ADMINISTRATION Cin�_�dministration(��-crhead 11,200.00 I'rofessional fees for_ldminisirarion 5,000.00 Counn�.�dministradon Fec 1,000.00 RESERVE FUND (8.5%of Direct Cost) 12,83G.11 BALANCE TO LEVY 181,049.11 Parcels 1,e�ried 2G 1 Total EBUs (CJross _�cres) 4�435 LEVY PER EBU $ 398.48 MuniT�inun�7al Pqqe 10 F;nginecr's Report C:it�•of Palm Descrt Benefit_lssessment District\o. 1 PART IV- DISTRICT DIAGRAMS 'I�he parcels within Benefit .�lssessment District No. 1, Parcel I�4ap No. 2-�255 (;�fontere�• 170) / �lssessment District 2(x)�-02 (Section 29) consist of lots,parcels and subciivisions of land located in the planned residenual development l:now-n as Section 29 and I�lonterey 170. '1'he District covers approximatel�� four huncired sixt}�acres (�GO acres) in the Cin-of Palm Desert. "11�c follo�ving llistrict Diagram is based on the Riverside Counn'�lssessor's I�1aps and the Ri��crsidc Counh' rlssessor's information and idenafies all the parcels of land within the proposed District, as the same existed at the time this Report �vas preparcd. "11ie combinarion of this map and the .-lssessment Roll contained in this Report constitute the District .-lssessment Diagram. "1'he I�faa:imum .�ssessmcnt Rate, assessment range formula and the proposed assessment amount for each of the existing parcels within the District as described herein,shall be presented to the propern• o�vners of record for approval or protest in accordance with the pro�risions of the California Constitution. Munt7�innminl Pqge 11 N � C. � � � � � � � � i N ' �� � . � �� ��;�� � �� ws � � = c ��� �"'� ; ��� � �2�� 3 ���� � � f���� < ���� � � y �s�� 4 w � ���� � z v� � ��€� � I � � ��� 3 � � �� ��� < � � � �� � w � ���� � z !n � � �� F � W '" �� �'�z � W .J � T' �'��w0 �� Q � � o � ����� �� ° a Z -- �z� � � N � w � � � z o� � � � o ��� V 0 V �og A •� W w �j�n�d ��� � W � ��� �� � � � � a`�LL w�+W� (n � } °�� iL!,� w w �y �V N F � � � cn W r� A�z � a Z �oWao O � � � a N 0° z „ �A` � fi �, � w W B W m � � o o p, � � , � a ,, � ��i � �� � r �c c � � .� � L.nginecr's Report Cit�•of Palm Dcsert fienefit:lssessment l�istrict \o. 1 PART V-ASSESSMENT ROLL Parcel idenuficarion for each lot or parcel within the llistrict is based on the .�ssessment I�iaj�ram presented herein and is based on availablc parcel maps and property data from thc Ri�-erside Counh� .�ssessor's C)ffice at the time the I�:nginecr's Report�vas prepared..� listing of the proposed lots and parcels to be assessed within this I�istrict along with the assessment amounts is pro�rided herein. Non-assessable lots or parcels may include, but are not limited to public streets and other road�va�•s (t��icall�� not assigned an .1PN b�� the Count}); deciicated public easements, open space areas, right- of-wa}�s, common areas; bifurcated lots, and any� other propern� that can not be developed or has litde or no ��alue. These t}�pes of parcels are considered to receive litde or no benefit from the impro��ements and are therefore exempted from assessment. If am• parcel submitted for collection is identified b�� the Counn•1luditor-Controller to be an invalid parcel numUer for the fiscal }'ear, a corrected parcel number and/or ne�v parcel numbers �vill be idendfied and resubmitted to the Counn- rluditor-Controller. '11�e asscssment amount to be le�•icd and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate described in this Report as appro��ed b}' the Cin' Council.Therefore, if a sin�le parcel is subciivided to multiple parcels, the assessment amount applied to each of the ne�v parcels shall be recalculated and applied accorciing to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessmcnt. The f'ollowing is a list of the parcels and proposed assessment amounts for each of the parcels within the District as determined by the assessment rates and method of apportionment described herein: Assessor Owner EBU Assesament Parcel No. 653-250-032 PALM DESERT ASSOC 5.35 $2,131.40 653-250-034 LBNCC PALM DESERT 4.88 $1,942.70 653-250-036 LINGKOGIN INC&CHARLESON HSU 10.�9 $4,022.64 653-250-038 C V W D 0.00 $0.00 653-250-039 MONTEREY GATEWAY PARTNERS 7.06 $2,813.2$ 653-250-042 G8G PROP 3.14 $1,252.24 653-250-043 BEDROSIAN PALM DESERT 3.61 $1,436.66 653-250-044 MIRABEL HOLDINGS 11.42 $4,550.14 653-250-045 PROMONTORYDEV 4.88 $1,942.70 653-250-046 CITY OF PALM DESERT 0.00 $�.�� 653-250-050 CITY OF PALM DESERT 0.00 $0.00 653-250-051 MONTEREY 170 0.0� $�.�0 653-250-053 MONTEREY 170 �.�� $�.�0 653-250-054 CVWD 0.0� $0.00 653-250-055 PERRY D KOON 8 ELIZABETH S KOON 3.44 $1,372.32 653-250-057 DESERT GATEWAY SELF STORAGE 3.43 $1,368.04 653-250-058 PALM DESERT ASSOC 1.04 $415.98 653-250-060 SPYDER BUSINESS CENTER 4.99 $1,989.88 653-250-073 BERDAN PARCEL C NFT PARCEL C O.00 $O.00 653-260-016 PONDEROSA HOMES II INC 3.23 $1,286.56 653-260-018 LOWES HIW INC 22.25 $8,864.38 653-260-022 MACLEOD COUCH LAND CO 25.38 $��,112.34 MuntT'iun�r�rn! Puqe 13 F.ngincer's IZeport Cin•of Palm l�escrt l�enefit :lssessment District No. 1 Assessor Owner EBU Assessment Parcel No. 653-260-023 MACLEOD COUCH LAND CO 3.75 $1,492.40 653-260-024 MC PROPERTIES 26.81 $10,682.82 653-260-025 PALM SPRING UNIFIED SCHOOL DISTRICT O.00 $O.00 653-260-033 PONDEROSA HOMES II INC 45.16 $17,994.64 653-260-035 PONDEROSA HOMES II INC 0.37 $145.80 653-260-036 DESERT LAND HOLDINGS 86.95 $34,646.98 653-260-041 DESERT WELLS 237 20.36 $8,113.90 653-260-042 DESERT WELLS 237 18.58 $7,402.00 653-810-001 EUGENE L AHLGREN 8 MARYANN AHLGREN 0.66 $261.60 653-810-002 ROBYN S RITCHEY 8 ROBERTA G RITCHEY 0.52 $205.84 653-810-003 OLIFORD 0.50 $197.26 653-810-004 STEPHEN R QUISENBERRY&STEVEN J PITCHERSKY 0.50 $197.26 653-810-005 STEPHEN R QUISENBERRY 8 STEVEN J PITCHERSKY 0.50 $197.26 653-810-006 NORTH SPHERE ASSOC 1.31 $523.20 653-810-007 TIMOTHY L ELLENZ 1.30 $518.90 653-810-008 GEORGE L GONZALEZ 8 THERESA L HESSE GONZALEZ 2.13 $849.12 653-810.010 GEORGE TACKETT&SERGEY ZAMD 0.56 $223.00 653-810-011 RANDALL WERNER 8 PEGGY AMES 0.50 $197.26 653-810-012 NEAL COLLINS 8 CHARISE KARJALA COLLINS �.5� $197.26 653-810-013 EDMUND CELAYA V 8 MARY A CELAYA �.50 $19726 653-810-014 DINAH 19 0.56 $223.00 653-810-015 DINAH 20 1.01 $403.12 653-810-016 WJM VENTURES I 8 PAULINE L JOHNSTON 0.56 $223.00 653-810-017 WJM VENTURES I 8 PAULINE L JOHNSTON 0.50 $197.26 653-810-018 DONALD EUGENE CARRAHER&MICHELE RENEE CARRAHER 0.50 $197.26 653-810-019 DARMON REAL ESTATES INV INC BERKELEY CERESA DEV 0.50 $197.26 653-810-020 DARMON REAL ESTATES INV INC 0.62 $248.72 653-810-021 PVJ ASSOC 1.02 $407.40 653-810-022 MONTEREY 170 0.94 $373.10 653-810-023 PRES MONTEREY I 1.�� $398.82 653-810-024 PRES MONTEREY I 0.59 $235.86 653-810-025 PRES MONTEREY I 0.47 $188.68 653-810-026 PRES MONTEREY I �.99 $394.54 653-810-027 PRES MONTEREY I 0.56 $223.00 653-810-028 PRES MONTEREY I 0.46 $184.40 653-810-029 PRES MONTEREY I 0.43 $171.54 653-810-030 PRES MONTEREY I 0.55 $218.70 653-810-031 PRES MONTEREY I 0.62 $248.72 653-810-032 PRES MONTEREY I 0.8� $317.34 653-810-033 PRES MONTEREY I 0.$1 $321.64 653-810-034 PRES MONTEREY I 1.19 $476.02 653-810-035 PRES MONTEREY I 0.67 $265.88 653-810-036 PRES MONTEREY I 0.89 $355.94 653-810-037 PRES MONTEREY I 0.54 $214.42 653-810-038 PRES MONTEREY I 0.54 $214.42 653-820-001 WAL MART REAL ESTATE BUSINESS TRUST 12.81 $5,103.36 653-820-002 RJ VENTURES 3.�2 $1,2�5.�6 653-820-003 RJ VENTURES 4.24 $1,689.68 653-820-004 RJ VENTURES 4.77 $1,899.82 653-820-005 RJ VENTURES 2.34 $93�.6� 653-820-006 RJ VENTURES 1.46 $583.24 MttntT~inanrin/ Pnge 14 I-:ngineer's Rcport <:in•of Palm l�escrt Bcncfit .lssessment District\o. 1 Assessor Owner EBU Aasessment Parcel No. 653-820-007 RJ VENTURES 1.72 $686.16 653-820-008 RJ VENTURES 1.04 $415.98 653-820-009 RJ VENTURES 1.36 $540.34 653-820-010 RJ VENTURES 1.36 $540.34 653-820-011 DESERT GATEWAY �.82 $325.92 653-820-012 DESERT GATEWAY 1.0� $398.82 653-820-013 E&M SKYLINE INV �.22 $484.60 653-820-014 DESERT GATEWAY 0.43 $171.54 653-820-015 SAMS REAL ESTATE BUSINESS TRUST 15.2� $6,055.40 653-820-016 WAL MART REAL ESTATE BUSINESS TRUST 9.21 $3,670.98 653-820-017 DESERT GATEWAY 0.93 $368.80 653-820-01 S DESERT GATEWAY 0.93 $368.s0 653-820-019 DESERT GATEWAY 1.30 $518.90 653-820-020 DESERT GATEWAY 1.01 $403.12 653-820-021 DESERT GATEWAY 1.21 $480.30 653-820-022 RJ VENTURES 1.00 $398.82 653-820-023 RJ VENTURES 1.29 $514.62 653-820-024 RJ VENTURES 0.96 $381.68 653-820-025 RJ VENTURES 1.43 $570.36 653-820-026 SAMS REAL ESTATE BUSINESS TRUST 2.17 $$66.2$ 653-820-027 WAL MART REAL ESTATE BUSINESS TRUST 0.50 $197.26 653-820-028 SAMS REAL ESTATE BUSINESS TRUST 1.98 $7H9.O$ 653-850-001 RILINGTON DOLCE 0.22 $87.06 653-850-002 RILINGTON DOLCE �.22 $87.06 653-850-003 RILINGTON DOLCE �.22 $87.06 653-850-004 RILINGTON DOLCE 0.22 $87.06 653-850-005 RILINGTON DOLCE 0.22 $$7.06 653-850-006 RILINGTON DOLCE �.22 $87.06 653-850.007 RILINGTON DOLCE 0.22 $87.06 653-850-008 RILINGTON DOLCE 0.22 $87.06 653-850-009 RILINGTON DOLCE 0.22 $87.06 653-850-010 RILINGTON DOLCE 0.22 $87.06 653-850-011 RILINGTON DOLCE 0.22 $87.06 653-850-012 RILINGTON DOLCE 0.22 $87.06 653-850-013 RILINGTON DOLCE 0.22 $87.06 653-850-014 RILINGTON DOLCE �.22 $87.�6 653-850-015 RILINGTON DOLCE �.22 $87.�6 653-850-016 RILINGTON DOLCE 0.22 $87.06 653-850-017 RILINGTON DOLCE Q.22 $$7.Q6 653-850-018 RILINGTON DOLCE 0.22 $87.06 653-850-019 RILINGTON DOLCE �.22 $$7.06 653-850-020 RILINGTON DOLCE �.22 $87.06 653-850-021 RILINGTON DOLCE 0.22 $87.06 653-850-022 RILINGTON DOLCE 0.22 $87.06 653-850-023 RILINGTON DOLCE 0.22 $87.06 653-850-024 RILINGTON DOLCE 0.22 $87.06 653-850-025 RILINGTON DOLCE 0.22 $87.06 653-850-026 RILINGTON DOLCE 0.22 $87.06 653-850-027 RILINGTON DOLCE �.22 $87.06 653-850-028 RILINGTON DOLCE 0.22 $87.06 653-850-029 RILINGTON DOLCE 0.22 $87.06 Munt�iirnnc•ia! Pn�e 1� E:ngineer's Report City of Palm llescrt I3enefit .�ssessment District I�o. 1 Assessor Owner EBU Assessment Parcel No. 653-850-030 RILINGTON DOLCE 0.22 $87.�6 653-850-031 RILINGTON DOLCE 0.22 $87.06 653-850-032 RILINGTON DOLCE �.22 $87.06 653-850-033 RILINGTON DOLCE 0.22 $$7.06 653-850-034 RILINGTON DOLCE 0.22 $87.06 653-850-035 RILINGTON DOLCE 0.22 $87.06 653-850-036 RILINGTON DOLCE 0.22 $87.06 653-850-037 RILINGTON DOLCE 0.22 $87.06 653-850-038 RILINGTON DOLCE �.22 $$7.06 653-850-039 RILINGTON DOLCE 0.22 $87.06 653-850-040 RILINGTON DOLCE 0.00 $0.00 653-850-041 RILINGTON DOLCE 0.00 $0.00 653-851-001 RILINGTON DOLCE 0.22 $87.06 653-851-002 RILINGTON DOLCE 0.22 $87.06 653-851-003 RILINGTON DOLCE 0.22 $87.06 653-851-004 RILINGTON DOLCE �.22 $87.06 653-851-005 RILINGTON DOLCE 0.22 $87.06 653-851-006 RILINGTON DOLCE 0.22 $87.06 653-851-007 RILINGTON DOLCE 0.22 $87.�6 653-851-008 RILINGTON DOLCE 0.22 $87.06 653-851-009 RILINGTON DOLCE �.22 $87.06 653-851-010 RILINGTON DOLCE 0.22 $87.06 653-851-011 RILINGTON DOLCE 0.22 $87.�6 653-851-012 RILINGTON DOLCE 0.22 $87.06 653-851-013 RILINGTON DOLCE �.22 $$].Q6 653-851-014 RILINGTON DOLCE 0.22 $87.06 653-851-015 RILINGTON DOLCE 0.22 $87.06 653-851-016 RILINGTON DOLCE 0.22 $87.�6 653-851-017 RILINGTON DOLCE 0.22 $87.06 653-851-018 RILINGTON DOLCE �.22 $87.06 653-851-019 RILINGTON DOLCE �.22 $87.�6 653-851-020 RILINGTON DOLCE 0.22 $87.06 653-851-021 RILINGTON DOLCE �.22 $87.06 653-851-022 RILINGTON DOLCE 0.22 $87.�6 653-851-023 RILINGTON DOLCE 0.22 $87.�6 653-851-024 RILINGTON DOLCE 0.22 $87.06 653-851-025 RILINGTON DOLCE �.22 $87.�6 653-851-026 RILINGTON DOLCE �.22 $87.06 653-851-027 RILINGTON DOLCE 0.22 $87.06 653-851-028 RILINGTON DOLCE 0.22 $87.06 653-851-029 RILINGTON DOLCE 0.22 $87.06 653-851-030 RILINGTON DOLCE 0.22 $87.�6 653-851-031 RILINGTON DOLCE 0.22 $87.06 653-851-032 RILINGTON DOLCE 0.22 $87.06 653-851-033 RILINGTON DOLCE �.22 $87.06 653-851-034 RILINGTON DOLCE 0.22 $87.06 653-851-035 RILINGTON DOLCE �.22 $87.06 653-851-036 RILINGTON DOLCE 0.22 $87.06 653-851-037 RILINGTON DOLCE 0.0� $�.�0 653-851-038 RILINGTON DOLCE �.0� $0.0� 653-852-001 RILINGTON DOLCE 0.22 $87.06 Munt7�ii�unc-rul Pnge 1G h;n�ineer's Report City of Palm llescrt Benefit_�ssessment District'_�o. 1 Assessor Owner EBU Asaeasment Parcel No. 653-852-002 RILINGTON DOLCE �.22 $87.06 653-852-003 RILINGTON DOLCE 0.22 $87.06 653-852-004 RILINGTON DOLCE 0.22 $$7.�6 653-852-005 RILINGTON DOLCE �.22 $87.06 653-852-006 RILINGTON DOLCE 0.22 $87.06 653-852-007 RILINGTON DOLCE 0.22 $87.06 653-852-008 RILINGTON DOLCE Q.22 $$7.Q6 653-860-001 RILINGTON DOLCE 0.22 $87.06 653-860-002 RILINGTON DOLCE 0.22 $87.06 653-860-003 RILINGTON DOLCE 0.22 $87.06 653-860-004 RILINGTON DOLCE 0.22 $87.06 653-860-005 RILINGTON DOLCE �.22 $87.�6 653-B60-006 RILINGTON DOLCE 0.22 $87.06 653-860-007 RILINGTON DOLCE 0.22 $87.06 653-860-008 RILINGTON DOLCE 0.22 $87.06 653-860-009 RILINGTON DOLCE �.22 $87.06 653-860-010 RILINGTON DOLCE 022 $87.06 653-860-011 RILINGTON DOLCE 0.00 $�.0� 653-860-012 RILINGTON DOICE 0.00 $�.�0 653-861-001 RILINGTON DOLCE 0.22 $87.06 653-861-002 RILINGTON DOLCE 0.22 $87.�6 653-861-003 RILINGTON DOLCE 0.22 $87.�6 653-861-004 RILINGTON DOLCE 0.22 $87.06 653-861-005 RILINGTON DOLCE �.22 $$7.�6 653-861-006 RILINGTON DOLCE 0.22 $87.06 653-861-007 RILINGTON DOLCE �.22 $87.06 653-861-008 RILINGTON DOLCE 0.22 $87.06 653-861-009 RILINGTON DOLCE 0.22 $87.06 653-861-010 RILINGTON DOLCE �.22 $87.06 653-861-011 RILINGTON DOLCE 0.22 $87.06 653-861-012 RILINGTON DOLCE �.22 $87.06 653-861-013 RILINGTON DOLCE 0.22 $87.06 653-861-014 RILINGTON DOLCE 0.22 $87.06 653-861-015 RILINGTON DOLCE �.22 $87.06 653-861-016 RILINGTON DOLCE 0.22 $87.06 653-861-017 RILINGTON DOLCE 0.22 $87.06 653-861-018 RILINGTON DOLCE 0.22 $$7.�6 653-861-019 RILINGTON DOLCE 022 $87.06 653-861-020 RIIINGTON DOLCE 0.22 $87.06 653-861-021 RILINGTON DOLCE 022 $87.06 653-861-022 RILINGTON DOLCE 0.22 $87.06 653-861-023 RILINGTON DOLCE �.22 $87.06 653-861-024 RILINGTON DOLCE 0.00 $0.00 653-861-025 RILINGTON DOLCE 0.00 $�.�0 653-861-026 RILINGTON DOLCE 0.00 $0.00 653-862-001 RILINGTON DOLCE 0.22 $87.06 653-862-002 RILINGTON DOLCE 0.22 $87.06 653-862-003 RILINGTON DOLCE 0.22 $87.06 653-862-004 RILINGTON DOLCE �.22 $87.�6 653-862-005 RILINGTON DOLCE 0.22 $87.06 653-862-006 RILINGTON DOLCE 0.22 $87.06 MuntTi�tc�n�r��! Puqe 1' I�:nginccr's Report Cit}•of Palm llesert Benefit .\ssessment District I�o. 1 Assessor Owner EBU Asseaament Parcel No. 653-862-007 RILINGTON DOLCE 0.22 $87.06 653-862-008 RILINGTON DOLCE 0.22 $87.06 653-862-009 RILINGTON DOLCE 0.22 $87.06 653-862-010 RILINGTON DOLCE 0.22 $87.06 653-862-011 RILINGTON DOLCE �.22 $87.06 653-862-012 RILINGTON DOLCE �.22 $$7.06 653-862-013 RILINGTON DOLCE 0.22 $87.06 653-862-014 RILINGTON DOLCE O.00 $O.00 653-862-015 RILINGTON DOLCE 0.00 $�.00 653-863-001 RILINGTON DOLCE 0.22 $87.06 653-863-002 RILINGTON DOLCE 0.22 $87.06 653-863-003 RILINGTON DOLCE 0.22 $87.06 653-863-004 RILINGTON DOLCE 0.22 $87.06 653-863-005 RILINGTON DOLCE �.22 $87.06 653-863-006 RILINGTON DOLCE �.22 $87.�6 653-863-007 RILINGTON DOLCE �.22 $$7.06 653-863-008 RILINGTON DOLCE 0.22 $87.06 653-863-009 RILINGTON DOLCE 0.22 $87.06 653-863-010 RILINGTON DOLCE 0.22 $87.06 653-863-011 RILINGTON DOLCE 0.22 $87.06 653-863-012 RILINGTON DOLCE 0.22 $87.06 653-863-013 RILINGTON DOLCE 0.22 $87.06 653-863-014 RILINGTON DOLCE 0.22 $87.06 653-863-015 RILINGTON DOLCE 0.22 $87.�6 653-863-016 RILINGTON DOLCE 0.22 $87.06 653-863-017 RILINGTON DOLCE �.�� $�.�� 653-863-018 RILINGTON DOLCE 0.00 $0.00 653-864-001 RILINGTON DOLCE 0.22 $87.06 653-864002 RILINGTON DOLCE 0.22 $87.06 653-864-003 RILINGTON DOLCE 0.22 $87.06 653-864-004 RILINGTON DOLCE �.22 $$7.06 653-864005 RILINGTON DOLCE �.22 $$7.06 653-864-006 RILINGTON DOLCE 0.22 $87.06 653-864-007 RILINGTON DOLCE 0.22 $87.06 653-864-008 RILINGTON DOLCE �.22 $87.06 653-864-009 RILINGTON DOLCE 0.22 $87.06 653-864-010 RILINGTON DOLCE 0.22 $87.06 653-864-011 RILINGTON DOLCE �.22 $87.06 653-864-012 RILINGTON DOLCE 0.22 $87.06 653-864-013 RILINGTON DOLCE 0.22 $87.06 653-864-014 RILINGTON DOLCE �.22 $$7.06 653-864-015 RILINGTON DOLCE 0.00 $0.00 653-865-001 RILINGTON DOLCE 0.00 $0.00 TOTAL 269 454.35 5181,047.46 MuatT'iiraniia! Pnqe 18 FOR TI-M FIRM: J. Matthew Wilcox e-mail: Matt.6Vilcox@greshamsavage.com GRESHAM SAVAGE NOLAN & TILDEN A PROFESSIONAL CORPORATION LAWYERS • FOUNDED 1910 550 E. HOSPITALITY LANE, SUITE 300 SAN BERNARDINO, CALIFORNIA 92408-4205 (909) 890-4499 • FACSIMILE (909) 890-9877 www.greshamsavage.com January 10, 2007 VIA FACSIMILE f760/340-66981. E-MAIL fDavid.ErwinQbbklaw.coml AND GOLDEN STATE OVERNIGHT David Erwin, Esq. Best, Best & Krieger LLP 74-760 Highway 111, Suite 200 Indian Wells, CA 92210 Re: REQUEST FOR CONTINUANCE Benefit Assessment District No. 1 Section 29 Drainage Benefit Assessment District Palm Desert, CA Dear Mr. Erwin: Our Finn represents Wal-Mart Real Estate Business Trust, a Delaware statutory trust, and Sam's Real Estate Business Trust, a Delaware statutory trust (collectively, "Wa1-Mart"), owners of a portion of Parcel 29 of Parcel Map No. 24255. We are writing to you on behalf of Wa1-Mart, and on behalf of the rest of the owners of Parcel 29, RJ Ventures, LLC, a California limited liability company, and Desert Gateway, LP, a California limited partnership (collectively, with Wal-Mart, the "Parcel 29 Owners"). In connection with its initial acquisition of Parcel 29 from Monterey 170, LLC, a California limited liability company ("Monterey"), and as partial consideration for such acquisition, Wa1-Mart entered into a Storm Drain Maintenance Agreement with Gateway Industrial Park at Palm Desert Property Owners' Association, Inc., a non-profit mutual benefit corporation ("Gateway"), to provide for the maintenance and operation of an approximately 3.0 acre storm drain retention basin ("Retention Basin") for the benefit of Parcel 29, as well as certain other Parcels owned by Monterey, as outlined in the Storm Drain Agreement. Notably, the Parcel 29 Owners also shared in the cost of the land for the Retention Basin, as well as the cost of constructing the Retention Basin. We have recently learned that Monterey, Gateway, or its affiliates, may be working with the City of Palm Desert to establish a Benefit Assessment District to acquire the Retention Basin, and to expand the Retention Basin to serve other property and, to establish a separate Benefit Assessment District to provide for the maintenance of the expanded Retention Basin (collectively, the "Assessment Districts"). We understand that this matter is currently scheduled GRESHAM SAVAGE NOLAN & TILDEN J. Matthew Wilcox David Erwin, Esq. Best, Best & Krieger. LLP January 10, 2007 Page 2 for consideration by the Palm Desert City Council at its regularly scheduled meeting on Thursday, January 11, 2007. It is the opinion of the Parcel 29 Owners that they have a vested interest in the Retention Basin and a specific economic interest in the maintenance of the Retention Basin pursuant to the Storm Drain Agreement. The Parcel 29 Owners believe that they can resolve this issue with Monterey and Gateway, but need additional time to further discuss the matter with them. The purpose of this letter is to request that the City of Palm Desert continue its consideration of the formation of the Assessment Districts in order to provide additional time for the Parcel 29 Owners to work out an amicable resolution with Monterey and Gateway. Please feel free to call me should you have any questions or need anything further. Very truly yours, ilcox, for GRESHAM SAVAGE NOLAN & TILDEN JMW/cam cc: Tom Noble (via e-mail only [noblecompanyllc®aol.com]) Paul Gibson, Finance Director/City Treasurer, City of Palm Desert (via Certified Mail/Return Receipt Requested) Bill Carver (via e-mail only [carvermgmt@msn.com]) Stanley G. Rothbart (via e-mail only [stan@rothbartdev.com]) W581/82-PALM DESERT (CATHEDRAL_CITY)-148458.1