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HomeMy WebLinkAbout7/16/2008 - STAFF REPORTS - 1.C. O*?ALM SA? iy ti V N °M•op.e cli °o %p Cit-y Council Staff Report JULY 16, 2008 PUBLIC HEARING SUBJECT: FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 12, "SMOKE TREE COMMONS" FROM: David H. Ready, City Manager BY: Public Works and Engineering Department SUMMARY This item will initiate proceedings required by law to establish and form a new landscape maintenance district for maintenance of the median landscaping in E. Palm Canyon Drive adjacent to the Smoke Tree Commons shopping center. RECOMMENDATION: 1. Following public testimony, if any, at the Public Hearing, direct the City Clerk to open and tabulate all valid ballots received up to and during the Public Hearing by the City Clerk related to Landscape Maintenance District No. 12 "Smoke Tree Commons", and to announce the results of the property owner protest ballot proceeding; and 2. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST BALLOT PROCEEDINGS CONDUCTED FOR THE PROPOSED LEVY OF A NEW ASSESSMENT FOR THE PALM SPRINGS LANDSCAPE MAINTENANCE DISTRICT NO. 12 — SMOKE TREE COMMONS, COMMENCING WITH FISCAL YEAR 2008/2009"; and 3. Adopt Resolution No. "A RESOLUTION OF THE, CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE ENGINEER'S REPORT REGARDING THE FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 12 — SMOKE TREE COMMONS; AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO COMMENCING IN FISCAL YEAR 2008/2009"; and ITIEM NO. City Council Staff Report July 16, 2008—Page 2 Landscape Maintenance District No. 12"Smoke Tree Commons" 3. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA CONFIRMING THE FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 12 — SMOKE TREE COMMONS; AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2008/2009'; and 4. Authorize the City Clerk to file the confirmed Engineer's Report for formation of Landscape Maintenance District No. 12, "Smoke Tree Commons"; and to file the associated levy of assessments with the Riverside County Auditor. STAFF ANALYSIS: In accordance with a requirement by the City, as a condition of approval to Case 5.1050, PD-312, known as the Smoke Tree Commons shopping center, located on E. Palm Canyon Dr., the applicant has requested that the City form a landscape maintenance district in accordance with the "Landscaping and Lighting Act of 1972" of the California Streets and Highways Code. On June 18, 2008, the Engineer, MuniFinancial, filed the preliminary Engineer's Report with the City Clerk, which was preliminarily approved by the City Council, and the City Council adopted Resolutions of Intention to initiate proceedings for the formation of Landscape Maintenance District No. 12, "Smoke Tree Commons", and to conduct a property owner protest ballot proceeding related to the requested annexation (see Attachment 1). This District would require that the City provide maintenance of the median landscaping constructed as part of the Smoke Tree Commons shopping center within E. Palm Canyon Dr., with costs offset by the annual levy of an additional assessment on properties that benefit from the landscaping improvements located within the development. Following the City Council's actions on June 18, 2008, formal notices and ballots were mailed to the landowners of record within Landscape Maintenance District No. 12, which were returned to the City Clerk on or before the close of the Public Hearing scheduled for July 16, 2008. Upon the close of this Public Hearing, the City Clerk shall open, tabulate, and announce the results of the property owner protest ballot proceeding. As the landowners of record within Landscape Maintenance District No. 12 is Smoke Tree Inc., a California corporation, who has consented that this formation occur, it is anticipated that the formation will be approved and confirmed upon tabulation of the official ballots. Following confirmation of ballots approving formation of Landscape Maintenance District No. 12, "Smoke Tree Commons" by the City Clerk, the attached Resolutions may be adopted, facilitating the requested formation of the landscape maintenance district. FISCAL IMPACT: All costs to date associated with the formation of Landscape Maintenance District No. 12, "Smoke Tree Commons", including the services of MuniFinancial, have been paid 000302 City Council Staff Report July 16, 2008 W Page 3 Landscape Maintenance District No. 12"Smoke Tree Commons" for by the developer. Although there are no direct costs to the City associated with the formation of Landscape Maintenance District No. 12, "Smoke Tree Commons", future costs will occur, but will be offset by the annual levy of special assessments to the properties within the Smoke Tree Commons shopping center. No fiscal impact to the City's General Fund should occur as a result of the formation, provided future actual costs to operate, maintain and service the parkway landscaping do not exceed the annual CPI inflationary adjustment to the maximum assessment allowed by the Assessment Range Formula identified by the Engineer's Report. SUBMITTED: David J. Barakian Thomas J. Wilsah Director of Public Works/City Engineer Assistant City I�itanager T David H. Ready, City� Attachments: 1. June 18, 2008 staff report 2. Engineer's Report 3. Resolutions (3) ATTACHMENT JUNE 18, 2008, STAFF REPORT ����d�Is �p4 7 AI.M SA4 .. ry 4 V "C��'•eexa's P �``1:00N CITY COUNCIL STAFF REPORT JUNE 18, 2008 CONSENT CALENDAR Subject: FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 12, "SMOKE TREE COMMONS" From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY This item will initiate proceedings required by law to establish and form a new landscape maintenance district for maintenance of the median landscaping in E. Palm Canyon Drive adjacent to the Smoke Tree Commons shopping center. Adoption of the Resolutions of Intention will schedule a Public Hearing for July 16, 2008, for the formal levy and collection of assessments within the new district beginning with the 2008/2009 fiscal year. RECOMMENDATION: 1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, INITIATING PROCEEDINGS FOR THE FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 12 ("SMOKE TREE COMMONS"); AND THE LEVY AND COLLECTION OF ASSESSMENTS RELATED THERETO COMMENCING WITH FISCAL YEAR 2008/2009;" and 2) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO FORM LANDSCAPE MAINTENANCE DISTRICT NO. 12 "SMOKE TREE COMMONS"; AND DECLARING ITS INTENTION TO CONDUCT A PROPERTY OWNER BALLOTING ON THE MATTER OF NEW ASSESSMENTS RELATED THERETO COMMENCING WITH FISCAL YEAR 2008/2009". STAFF ANALYSIS: On June 7, 2006, the City Council approved Case 5.1050, PD-312, known as the Smoke Tree Commons shopping center, located on E. Palm Canyon Dr. The project included major revisions to the street frontage along E. Palm Canyon Dr., including abandonment and removal of the City's frontage road that provided controlled access to City Council Staff Report June 18, 2008 - Page 2 Landscape Maintenance District No. 12"Smoke Tree Commons" the street_ As part of the City's requirements for this project, a new landscaped median was constructed along the project's frontage; and to ensure continued maintenance of the median by the City, the following condition of approval was included: The applicant shall be required to establish a Parkway Maintenance District in accordance with the Landscaping and Lighting Act of 1972 (Section 22500 et seq. of the California Streets and Highways Code), for landscape maintenance of the median island within East Palm Canyon Drive by the City. The applicant shall coordinate with the City Engineer on the formation of a Parkway Maintenance District, and shall deposit costs as required to obtain Assessment Engineering and other professional services necessary to establish the Parkway Maintenance District. The Parkway Maintenance District shall be established prior to acceptance of the median island landscaping by the City Engineer. City staff solicited the services of MuniFinancial to assist in the legal process required to form a new parkway maintenance district.' It is important that the legal process outlined by the "Landscaping and Lighting Act of 1972", and more importantly, the California Constitution (Articles XIIIC and XIIID) which were established as a result of the passage of Proposition 218, are followed. Proposition 218 essentially limited local government's abilities to establish new or increased special taxes. The result of Proposition 218 was the inclusion of the following language into the California Constitution: "No local government may impose, extend, or increase any general tax unless and until that tax is submitted to the electorate." Therefore, any new "Special District" requires a formal Public Hearing and property owner protest balloting, and further requires that the formation of a Special District can only be approved upon the receipt of a majority of ballots in support of the Special District. In this case, the affected property owner is Smoke Tree Inc., a California corporation, and the lessee is Donahue Schriber Realty Group, LP, a Delaware Limited Partnership, the "developer" of the Smoke Tree Commons project. Smoke Tree Inc., is owner in fee title, and Donahue Schriber Realty Group is the lessee to all of the parcels within the Smoke Tree Commons project, further identified by a commercial subdivision (Parcel Map 34289) approved by the City Council on May 7, 2008. As the proponent of the formation of a new landscape maintenance district, Smoke Tree Inc. and Donahue Schriber Realty Group have executed a Consent and Waiver form (see Attachment 1) which represents the consent to the inclusion of the property (Smoke Tree Commons) into a new Special District called "Landscape Maintenance District No. 12,2 "Smoke ' Although "Parkway Maintenance District" is the usual term used, due to the fact that this "District" will fund maintenance of a landscaped median only (no parkways), the official name of the "District" will be "Landscape Maintenance District No_ 12, "Smoke Tree Commons". The term "Parkway Maintenance District"will not be used in this case. P City staff has previously assigned "Parkway Maintenance District No. 11, 'Avalon"', in response to a request to form a new Parkway Maintenance District from SunCal Companies, for new parkway and median landscaping associated with the Avalon development This application is still pending, but J deferred as a result of the current real estate market and inactivity with the Avalon project. DOOM City Council Staff Report June 18, 2008 -Page 3 Landscape Maintenance District No. 12 "Smoke Tree Commons" Tree Commons", ("LIVID 12"), the consent to and cast of a ballot authorizing the levy of annual assessments against the properties to be included in LIVID 12, and further, to pay the assessments levied against the properties to be annexed to LIVID 12. This consent and waiver form further waives the requirement for a 45-day noticing period for the public Hearing to formally establish the Smoke Tree Commons project as a new Special District, as required by the California Constitution. MuniFinancial, representing the City as the Engineer of Work, has prepared a preliminary Engineer's Report in accordance with the Landscaping and Lighting Act of 1972 and Articles XIIIC and XIIID of the California Constitution (see Attachment 2). This Report describes and identifies the "territory" to be created as LIVID 12, identifies the special benefits the properties will receive, determines the method of calculating each property's proportional special benefit and annual assessment, outlines a budget to cover the annual costs to operate and maintain the median landscaping improvements, establishes a maximum annual assessment, and identifies the spread of the proposed assessment to each of the properties within LIVID 12 which will be levied as a special assessment on the property's tax bill. Additionally, the Report identifies and provides for the increase of the initial maximum assessment, or an "Assessment Range Formula", that allows for reasonable increases and inflationary adjustment to annual costs and assessments without requiring the formal public noticing and property owner protest balloting. The Report proposes that the initial maximum assessment be adjusted annually by the annual percentage change in the Consumer Price Index (CPI) of "All Urban Consumers" for t e Los Angeles ange-Orange County Area. This ssessment Range Formula will ensure that as ity costs to maintain and operate LIVID 12 escalate, the City is authorized to increase the annual assessments to the properties within LIVID 12 by a CIP adjustment, such that the City does not incur expenses above and beyond the revenues collected by the assessments to the properties within LIVID 12. The initial total maximum assessment for the LIVID 12 has been established as $13,339.74. This initial total maximum assessment is spread among the commercial parcels within the Smoke Tree Commons project (based on parcel sizes created by Parcel Map 34289), and results in an initial maximum annual assessment of $737 per acre. The adoption of the attached Resolutions initiates the proceedings to establish Smoke Tree Commons as LIVID 12, and will preliminarily approve and adopt the Engineer's Report for the formation of LIVID 12, including the approval of the initial maximum annual assessment of $737 per acre for parcels within LIVID 12, and schedules a formal Public Hearing on July 16, 2008, for the establishment of Smoke Tree Commons as LIVID 12. o00OT7 City Council Staff Report June 18, 2008-Page 4 Landscape Maintenance District No. 12"Smoke Tree Commons" FISCAL IMPACT: All costs to date associated with the process to form LMD 12, including the services of MuniFinancial, have been paid for by Donahue Schriber Realty Group. Although there are no direct costs to the City associated with the recommended actions of the City Council with this item, following the creation of LMD 12 at the July 16, 2008, Public Hearing, future costs will occur, but will be offset by the annual levy of special assessments to the properties within the Smoke Tree Commons project. No fiscal impact to the City's General Fund should occur as a result of the formation of LMD 12, provided future actual costs to maintain and operate the median landscaping do not exceed the annual CPI inflationary adjustment to the maximum assessment allowed by the Assessment Range Formula. 6a , - C David J. Barakian Thomas J. Wil n Director of Public Works/City Engineer Assistant City anager David H. Ready, er ATTACHMENTS: 1. Consent and Waiver form 2. Preliminary Engineer's Report 3. Resolutions (2) : ATTACHMENT ENGINEER'S REPORT 00GGc9 CITY OF PALM SPRINGS ENGINEER'S REPORT FOR THE FORMATION OF LANDSCAPE MAINTENANCE, DISTRICT NO. 12 "SMOKE TREE COMMONS" FISCAL YEAR 2008/2009 �eALM SA LP � N Intent Meeting: June 18, 2008 Public Hearing: July 16, 2008 MuniFinancial Corporate Office: Other Office Locations: 27368 Via Industria Lancaster, CA Phoenix, AZ Suite 110 Oakland, CA Orlando, FL Temecula, CA 92590 Sacramento, CA Seattle, WA TeL (951) 587-3500 Memphis, TN Tel: (800) 755-MUNI (6864) Fax: (951) 587-3510 www,muni.com ENGINEER'S REPORT AFFIDAVIT Formation of the Palm Springs Landscape Maintenance District No. 12 The District includes all parcels of land within the proposed commercial development known as: Smoke Tree Commons Parcel Map No. 34289 City of Palm Springs, County of Riverside, State of California This Report and the enclosed budget, assessments, descriptions and diagrams outline the proposed formation of City of Palm Springs Landscape Maintenance District No. 12, "Smoke Tree Commons" (Parcel Map No. 34289) and includes each lot, parcel, and subdivision of land within said District, as the same existed at the time this Report was prepared. Reference is hereby made to the Riverside County Assessor's parcel maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council. Dated this day of , 2008. MuniFinancial Assessment Engineer On Behalf of the City of Palm Springs By: Jim McGuire Senior Project Manager By: Richard Kopecky R. C. E. # 16742 TABLE OF CONTENTS PAGE INTRODUCTION.............................................................................. ---..........I PART I -- PLANS AND SPECIFICATIONS ........................................................6 Description of the District ...........................................................5 Improvements and Services........................................................6 Improvements and Services Permitted Pursuant to the 1972 Act................... 6 Description of District Improvements...............................................................7 PART II — METHOD OF APPORTIONMENT ...........................I.........................8 BenefitAnalysis ...........................................................................8 General Benefit.................................................. . • 8 Special Benefit........................... ..... ...... ....9 Assessment Methodology.........................................................10 Assessment Range Formula.....................................................12 PART III -- DISTRICT BUDGET........................................................................14 PART IV— DISTRICT DIAGRAM ..................................................................... 15 PART V—ASSESSMENT ROLL .....................................................................17 APPENDIX A -- REFERENCE DOCUMENTS..................................................18 Q60-312 Engineer's Report City of Palm Springs Landscape Maintenance District No. 12, "Smoketreo Commons" Introduction Pursuant to the provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the "1972 Act"), and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIID (hereafter referred to as the "California Constitution"), the City Council of the City of Palm Springs, County of Riverside, State of California (hereafter referred to as "City"), in connection with the proceedings required for the establishment of the special benefit assessment district designated as: Landscape Maintenance District No. 12, "Smoke Tree Commons" (hereafter referred to as "District"), which includes all lots and parcels of land within the commercial development known as Smoke Tree Commons designated as Parcel Map No. 34289 (hereafter referred to as the "PM 34289"). The District shall be formed for the purpose of collecting annual assessments to fund the maintenance, operation and servicing of median landscape improvements within East Palm Canyon Drive associated with and for the special benefit of properties within the District. This Engineer's Report (hereafter referred to as "Report") has been prepared pursuant to Chapter 1, Article 4 of the 1972 Act in connection with the formation of the District and the levy and collection of annual assessments related thereto commencing in fiscal year 2008/2009. This Report identifies the boundaries of the District; a description of the proposed improvements and the related assessments to be levied in connection with the special benefits the properties will receive from these improvements. The City proposes to form the District, and levy and collect annual assessments on the County tax rolls to provide ongoing funding for the costs and expenses required to service and maintain the median landscape improvements and appurtenant facilities on East Palm Canyon Road associated with and resulting from the development of properties within the District. The improvements and assessments described in this Report are based on the planned development of properties within the District and represent an estimate of the direct expenditures, incidental expenses, and fund balances that will be necessary to maintain and service the improvements. The formation of this District, the proposed improvements, the method of apportionment, and assessments described herein are based on current development plans and specifications for Smoke Tree Commons — PM 34289; and by reference these plans and specifications are made part of this Report. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessor's Parcel Number (APN) by the Riverside County Assessor's MuniFinancial Page 1 Engineers Report City of Palm Springs Landscape Maintonance District No. 12, "Smoketree Commons" Office. The Riverside County Auditor/Controller uses Assessor's Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments. As part of this District formation, the City shall conduct a Property Owner Protest Ballot proceeding for the proposed levy of a new assessment pursuant to the provisions of the California Constitution, Article XIIID Section 4. In conjunction with this ballot proceeding, the City Council will conduct a noticed public hearing to consider public testimonies, comments and written protests regarding the formation of the District and the levy of new assessments. Upon conclusion of the public hearing, property owner protest ballots received will be opened and tabulated to determine whether majority protest exists (ballots shall be weighted based on assessment amounts), and by resolution the City Council will confirm the results of the ballot tabulation. If majority protest exists, proceedings for the formation of the District and levy of assessments shall be abandoned. If tabulation of the ballots indicates that majority protest does not exist for the proposed assessments and the assessment range formula presented and described herein, the City Council may approve this Report (as submitted or amended), order the formation of the District and approve the assessment diagram and levy and collection of assessments. In such case, the assessments for fiscal year 2008/2009 shall be submitted to the Riverside County Auditor/Controller for inclusion on the property tax roll for each parcel. Each subsequent fiscal year, an Engineer's Report for the District shall be prepared and presented to the City Council to address any proposed changes to the District or improvements and the proposed budget and assessments for that fiscal year. The City Council shall hold a noticed public hearing regarding these matters prior to approving and ordering the levy of assessments. If the proposed annual assessments for this District exceed the maximum assessment described herein (as approved by the property owners), the new or increased assessment must be confirmed through another property owner protest ballot proceeding before such an assessment may be imposed. This Report consists of five (5) parts: Part I Plans and Specifications: A description of the District boundaries and the proposed improvements associated with the District. The District is being formed as a single benefit zone incorporating each parcel within the territory identified as Smoke Tree Commons — PM 34289, Part II Method of Apportionment: A discussion of benefits the improvements and services provide to properties within the District and the method of calculating each property's MuniFinancial Page 2 00a014 Engineer's Report City orPaim Springs Landscape Maintenance District No. 12, "Smoketree Commons" proportional special benefit and annual assessment. This section also identifies and outlines an Assessment Range Formula that provides for an annual adjustment to the maximum assessment rate that establishes limits on future assessments, but also provides for reasonable cost adjustments due to inflation without the added expense of additional property owner protest ballot proceedings. Part III District Budget: An estimate of the annual costs to operate, maintain, and service the improvements and appurtenant facilities installed in connection with the development of properties within Smoke Tree Commons — PM34289 and for the special benefits of those properties. This budget includes an estimate of anticipated direct maintenance costs and incidental expenses including, but not limited to administration expenses and the collection of appropriate fund balances to establish an initial maximum assessment to be approved by the property owners of record. The special benefit assessments are based on the overall operation costs minus any costs that are considered general benefit. The proposed assessments for the first fiscal year (2008/2009), and each subsequent year shall be based on the estimated net annual cost of operating, maintaining, and servicing the improvements for that fiscal year as well as funds to be collected in installments for services and activities that are performed periodically and/or cannot be reasonably collected in a single fiscal year's assessments. The proposed maximum assessment (Rate per Equivalent Benefit Unit) identified in the budget of this Report establishes the initial maximum assessment for this District for fiscal year 2008/2009 and shall be adjusted annually by the Assessment Range Formula described in the method of apportionment. Part IV District Diagram: A Diagram showing the exterior boundaries of the District is provided in this Report and includes each of the parcels that will receive special benefits from the improvements. Parcel identification, the lines and dimensions of each lot, parcel and subdivision of land within the District is inclusive of only the parcels of land within Smoke Tree Commons — PM 34289; said parcels of land being shown on the Riverside County Assessor's Parcel Maps as a portion of the parcels on Page 020 of Book 510, and shall include subsequent subdivisions, lot line adjustments or parcel changes therein. Reference is hereby made to the Riverside County Assessor's Parcel Maps and Parcel Map No. 34289 for a complete description of the lines and dimensions of each lot and parcel of land within the District. Part V Assessment Roll: A listing of the proposed assessment amount(s) to be presented to the property owner(s) of record in the protest ballot proceedings required pursuant to MuniFinancial Page 3 000015 Engineers Report City of Palm Springs Landscape Maintenance District No. 12, "Smoketree Commons" the provisions of the California Constitution. The proposed assessment amount for each parcel is based on the parcel's proportional special benefit as outlined in the method of apportionment and the proposed initial maximum assessment rate. MuniFinancial Page 4 Engineer's Report City of Palm Springs Landscape Maintenance District No. 12, "Smoketree Commons" PART I - PLANS AND SPECIFICATIONS Description of the Distract The territory within this District consists of the lots, parcels and subdivision of land within the commercial development known as Smoke Tree Commons and designated as Parcel Map No. 34289. This commercial development encompasses an area of land totaling approximately eighteen acres (18.10 acres) located generally east of Sunrise Way, at the southwest corner of East Palm Canyon Drive and Barona Road. At the time this Report was prepared, the parcels of land that comprise Parcel Map No. 34289 and the District include all or a portion of the parcels identified by the Riverside County Assessor's Office as: 510-020-034 (Por. of the 9.110 acres); 510-020-041 (0.810 acre parcel); 510-020-042 (0.650 acre parcel); 510-020-043 (0.250 acre parcel); 510-020-046 (0.510 acre parcel), 510-020-047 (0.390 acre parcel); 510-020-048 (0.300 acre parcel); 510-020-051 (Por. of the 5.260 acres); 510-020-053 (5.450 acre parcel); 510-020-057 (0.190 acre parcel); and approximately 1.06 acres of existing street frontage an East Palm Canyon Drive and Barona Road that are not currently designated as an Assessor Parcel Number (APN) by the Riverside County Assessor's Office. These ten (10) APNs and existing easements represent the 18.10 acres of land identified as Parcel Map No. 34289, which has been approved for development of approximately 167,793 square feet of commercial space that is incorporated into six (6) designated parcels: Parcel 1 — (12.35 acre lot with 127,580 square feet of planned building space); Parcel 2 — (0.525 acre lot with 7,000 square feet of planned building space), Parcel 3 — (2.07 acre lot with 10,000 square feet of planned building space); Parcel 4 — (0.72 acre lot with 7,000 square feet of planned building space); Parcel 5 — (0,92 acre lot with 3,473 square feet of planned building space), Parcel 6-- (1.52 acre lot with 14,740 square feet of planned building space). MnniFirmrrnnl Pr��r 5 Engineers Report City of Palm Springs Landscape Maintenance District No. 12, "Smoketree Commons" Improvements and Services Improvements and Services Permitted Pursuant to the 1972 Act As generally defined by the Landscaping and Lighting Act of 1972 and applicable to this District, the improvements and associated assessments may include one or more of the following: The installation or planting of landscaping,- The installation or construction of statuary, fountains, and other ornamental structures and facilities; The installation or construction of public lighting facilities including, but not limited to street lights and traffic signals, The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof; The installation of park or recreational improvements, including, but not limited to, all of the following: n Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage. n Lights, playground equipment, play courts, and public restrooms. The acquisition of land for park, recreational, or open-space purposes or any existing improvement otherwise authorized pursuant to this section. The maintenance or servicing, of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement including but not limited to: n Repair, removal, or replacement of all or any part of any improvements; n Grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities; n Providing For the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; n The removal of trimmings, rubbish, debris, and other solid waste; n The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti; MuniFinandal Pose G 000018 Fngineers Report City of Palm Springs Landscape Maintenance District No. 1Z "Smoketree Commons" > Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements,- Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Incidental expenses associated with the improvements including, but not limited to: > The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment, n The costs of printing, advertising, and the publishing, posting and mailing of notices; > Compensation payable to the County for collection of assessments; > Compensation of any engineer or attorney employed to render services; > Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; n Costs associated with any elections held for the approval of a new or increased assessment. Description of District Improvements The purpose of this District is to ensure the ongoing maintenance, operation and servicing of local landscape improvements established or installed in connection with development of commercial properties within Smoke Tree Commons -- PM 34289. These improvements may include, but are not limited to, ground cover, shrubs, trees, plants, irrigation and drainage systems, ornamental lighting structures, entryway monuments, hardscapes and associated appurtenant facilities totaling approximately 7,060 square feet of surface area within the median islands on East Palm Canyon Drive adjacent to PM 34289. The maintenance of the District improvements generally include, but are not limited to all materials, equipment, utilities, labor and incidental expenses including administrative expenses for annual operation of the District as well as the performance of occasional repairs, replacement and expanded maintenance activities associated with those improvements. Detailed maps and descriptions of the location and extent of the proposed improvements to be maintained by the District are on file at the City and by reference are made part of this Report. l7LlrIF1//dlltfd! Page 7 Engineers Report City of Palm Springs Landscape Maintenance District No. 12, "Smoketree Commons" PART II -- METHOD OF APPORTIONMENT The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include the construction, maintenance, and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." The method of apportionment described in this Report for allocation of special benefit assessments utilizes commonly accepted engineering practices and have been established pursuant to the 1972 Act and the provisions of the California Constitution. The formula used for calculating assessments in this District reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on benefit to each parcel. Benefit Analysis General Benefit Each of the proposed improvements and the associated costs have been carefully reviewed, identified and allocated to properties within the District based on special benefit pursuant to the provisions of the California Constitution and 1972 Act. The improvements provided by this District and for which properties will be assessed have been identified as necessary, desired and required for the orderly development of the properties within the District to their full potential, consistent with the development plans and applicable portions of the City's General Plan. As such, these improvements and the ongoing operation, servicing and maintenance of these improvements are clearly the financial obligation of those properties. Although the improvements include amenities available or visible to the public at large, these improvements were only necessary for the full development or use of properties within the District and were neither required nor necessarily desired by any properties or developments outside the boundaries of the District. Therefore, it has been determined that any public access or use of the improvements by others is incidental and the ongoing maintenance, servicing and operation of those improvements provide no measurable general benefit to properties outside the District or to the public at large. Therefore, the annual costs of ensuring the maintenance and operation of the MtptiFrnouixdl Page 8 Engineers Report City of Palm Springs Landscape Maintenance District No. 12, "Smoketree Commons" improvements are considered a distinct and special benefit to the commercial and/or other non-residential properties and developments within the District. Special Benefit The method of apportionment (also referred to as the "method of assessment") established herein is based on the premise that each assessed parcel within the District receives special benefits from the improvements, and the desirability, security and business opportunities of those properties are enhanced by the presence of well- maintained landscaping in close proximity to those properties. In accordance with Article XIIID, Section 4 of the California Constitution: "Special benefit means a particular and distinct benefit over and above general benefits conferred on real property located in the District or to the public at large." The special benefits associated with the local landscaping improvements are specifically: Enhanced desirability of properties through association with the improvements. Improved aesthetic appeal of the property that provides a positive representation of the area and the development. Improved ingress and egress to property which enhances traffic circulation resulting in reduced accidents and personal property loss and increased customer access,- and, •r Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping thereby providing enhanced environmental quality of the parcels by moderating temperatures, attenuating noise and improved dust and debris control. Enhanced business opportunities and commercial growth that is facilitated by a well maintained area that aides in attracting customers. Reduced criminal activity and property-related crimes (especially vandalism) through well-maintained surroundings and amenities near and adjacent to the assessed properties, including abatement of graffiti. The preceding special benefits contribute to the overall aesthetic value, security and desirability of the properties and developments within the District. Furthermore, it has been determined that the lack of funding to properly service and maintain the improvements would likely have a direct negative impact on the properties and business therein and as such, the annual costs of ensuring the ongoing maintenance and operation of these improvements are considered a distinct and special benefit to these properties. Muni Pnwnan! Page 9 000t�Z Engineer's Report City of Palm Springs Landscape Maintenance District No. 12, `Smoketree Commons" Assessment Methodology Generally, the benefit formula used to determine the assessment obligation for each parcel should be based upon both the improvements that benefit the parcels, as well as the use of each property as compared to other parcels that benefit from those improvements. The most common approach to proportionately allocating improvement costs to the benefiting properties for maintenance districts including 1972 Act districts utilize a methodology often referred to as an "Equivalent Benefit Unit ("EBU") method of apportionment. This method of apportionment may utilize various property characteristics such as development status, type of development (land-use), and size (units or acreage) to compare the proportional benefit of each property compared to other properties that benefit from the improvements. Because the improvements to be maintained for this District directly benefits the overall Smoketree Commons — PM 34289 development and the overall use of the properties within this development are relatively similar (commercial use), it has been determined that Equivalent Benefit Units for each parcel is appropriately reflected by the acreage of each parcel. Therefore for purposes of establishing a maximum assessment (maximum assessment rate per EBU) for each property within this District, each parcel's net or useable acreage (including parking lot area) provides a common denominator that reflects each parcel's proportional special benefit from the improvements compared to other properties in the District. The net or useable development acreage for each parcel shall generally be based on parcel acreage information obtained from the Riverside County Assessor's Office secured roll or Assessor's Parcel Map. However, because the boundaries of PM 34289 and the District incorporates only a portion of some of the existing Assessor Parcel Numbers that comprise the District and also includes portions of the existing street right-of-ways that are not currently assigned an APN, the following table provides a listing of the estimated net or usable development acreage (EBU) assigned to the existing Assessor Parcel Numbers within the District along with their current acreage. The total EBU of all parcels within the District is equal to the 18.10 acres identified for PM 34289. MnniFinarraa< p�,g� )p CGH22 Engineer's Report City orPaim Springs Landscape Maintenance District No. 12, "Smoketree Commons" Estimated Current Net Acreage APN Acreage (EBU) 510-020-034 9.11 7,00 510-020-041 0.81 0.90 510-020-042 0.65 0.70 510-020-043 025 0,25 510-020-046 0.51 0.51 510-020-047 0.39 0.39 510-020-048 0.30 0.86 510-020-057 0.19 0.19 510-020-051 5.26 1.80 510-020-053 5.45 5150 22.92 18.10 The following table provides a listing of the estimated net or usable development acreage (EBU) assigned to the lots identified on the approved development plans (PM 34289). The existing Assessor Parcel Numbers shown above are anticipated to be renumbered with each of the designated lots being assigned a new Assessor Parcel Number by the Riverside County Assessor's Office. Estimated Lot Net Building Designation Acreage Sq. Ft. Parcel 12.35 127,580 Parcel 0.52 5,000 Parcel 2.07 10,000 Parcel 0.72 7,000 Parcel 5 092 3,473 Parcel 6 1.52 14,740 18.10 167,793 Assessment Formulas The total number of Equivalent Benefit Units (EBUs) is the sum of all individual EBUs applied to parcels that receive a special benefit from the improvement. An assessment amount per EBU (Rate) for the improvements is established by taking the total net annual cost of the improvement ("Balance to Levy') and dividing that amount by the MuniFinanda! Page 11 000623 Engineer's Report City of Palm Springs Landscape Maintenance District No. 12, "Smoketree Commons" total number of EBUs of the benefiting parcels. This Rate is then applied back to each parcel's individual EBU to determine the parcel's proportionate benefit and assessment obligation for the improvements. The fallowing formulas are used to calculate each parcel's maximum and annual assessments (proportional benefit): Total Balance to Levy/Total EBU = Levy Rate per EBU Levy Rate per EBU x Parcel EBU (assigned acreage)= parcel Levy Amount Assessment Mange Formula It is recognized that most budget items will be impacted by inflation in subsequent years. In an effort to minimize this impact, a formula for an inflation adjustment is included as part of the maximum assessment to be approved by the property owners. The formula as described below allows for annual adjustments to budget and the assessments. Generally, any new or increased assessment requires certain noticing and meeting requirements by law. Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." The purpose of establishing an Assessment Range Formula is to provide for reasonable increases and inflationary adjustment to annual costs and assessments without requiring costly noticing and mailing procedures, which could add to the costs and assessments. As part of this District formation, a maximum assessment for fiscal year 2008/2009 (initial maximum assessment rate) has been established, and this initial maximum assessment rate shall be adjusted each subsequent fiscal year by the Assessment Range Formula described below: The Maximum Assessment Rate allowed each fiscal year (Adjusted Maximum Assessment Rate) shall be based on the initial Maximum Assessment Rate established in fiscal year 200812009, adjusted annually by the annual percentage change in the Consumer Price Index (CPI) for "All Urban Consumers" in the Los Angeles-Orange-Riverside County Area. Each fiscal year the percentage change in CPI shall be applied to the Maximum Assessment Rate established in the previous fiscal year to calculate the authorized Adjusted Maximum Assessment Rate for the upcoming fiscal year. The percentage change in CPI shall be based on the annual percentage change from the most N.lnnipmal al Page 12 �7{7 006024 Engineer's Report City of Palm Springs Landscape Maintenance Distract No. 12, "Smoketree Commons" current month published by the U. S. Department of Labor, Bureau of Labor Statistics; at the time the Engineer's Report for the District is prepared. If the proposed annual assessment rate (levy per EBU) for the upcoming fiscal year is less than or equal to the Adjusted Maximum Assessment Rate, then the proposed annual assessment is not considered an increased assessment. Beginning in the second fiscal year (fiscal year 2009/2010) and each fiscal year thereafter, the Maximum Assessment Rate will be recalculated and a new Maximum Assessment Rate shall be established for the fiscal year utilizing the Assessment Range Formula described above. The Maximum Assessment Rate shall be calculated independent of the annual budget and proposed assessment. The annual percentage change in GPI shall be based on the annual percentage change established by the U.S. Department of Labor, Bureau of Labor Statistics. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City shall use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living. To impose a new or increased assessment other than the annual inflationary adjustment provided by the preceding Assessment Range Formula, the City must comply with the provisions of the California Constitution Article XIIID Section 4c, that requires a public hearing and certain protest procedures including mailed notice of the public hearing and property owner protest balloting. Property owners through the balloting process must approve the proposed new or increased assessment before any such assessment may be imposed. MnniPinaflaal PaSe 13 000025 Engineers Report City of Palm Springs Landscape Maintenance District No. 1 Z "Smoketree Gammons" PART III -- DISTRICT BUDGET The following budget outlines the estimated costs to maintain the improvements and establishes the proposed initial Maximum Assessment per EBU (Maximum). The proposed budget and assessment rate for fiscal year 2008/2009 is also shown. Proposed Budget Smoketree Common$ Landscape Maintenance District 11 Ir- ANNUAL DIRECT COSTS Prune/[rim/shapu/stake tree. S 1,070 S 1,070 Trim all trcc6 1,516 1,516 Blow off walls,curbs,gutters and hardscapc 178 178 Control nuisance pests 446 446 Hctbicidt walks and Lndseape areas 535 535 Pickup/rcmovL liner and debris 1,338 1,338 Rake/ remove leaves 1,249 1,249 Spray inscedcldis 803 803 Tn iguinn maintaln/repair 1,784 1,784 MhCdiancuus Matcnais and 1 gmpmov 178 178 .annual Landscape Maintenance E\Tcnscs 9,097 9,097 Annual Uiililics (Warer,Eleemcltpand Repairs) 1,000 1,000 DisericrAdtninislration Rxpcnscs 1,515 1,515 Co=y Administration Fees 54 54 Annual Direct Costs (Subtotal) $ 11,666 $ 11,666 • • . • TO LEVY Median Rehabilitation/Replacemenr 650 650 Tn.c Rchabilitarion/Rcplaccmcnr 138 438 Rehabiliradon/Replacement Installments 1.088 1,088 Reserve Fund Collection/(Trans Fcr) 583 583 Revenues from Other Sources (Conmbunons) - - Total Adjustments (Subtotal) 5 1,671 $ 1,671 Balance to Levy $ 13,337 $ 13,337 AMOU11a BALLOTED $13,339.74 DISTRICT "I otal Parcels 6.00 10.00 Total Parccls Levied 6.00 10.00 Total Fdquivalcnt Bcnefit Urtirs (EBU) 1$.10 18.10 Proposed Assessment Rate(FY 200812009) 736.86 736.86 Maximum Assessment Rate(per EBU) 737.00 737.00 MnniFinanrial Pa-9114 Engineers Report City or Palm Springs Landscape Maintenance District No. 12, "Smoketree Commons" PART IV — DISTRICT DIAGRAM The parcels within the Smoketree Commons Landscape Maintenance District consist of lots, parcels and subdivision of land located in the commercial development known as Smoketree Commons —Parcel Map No. 34289. The District covers approximately eighteen acres (18.10 acres) in the City of Palm Springs. The following map is a modified copy of the Riverside County Assessor's Parcel Map that incorporates parcels within the District and is consistent with and defined by the boundaries of Parcel Map No. 34289, as the same existed at the time this Report was prepared. The combination of this map and the Assessment Roll contained in this Report constitute the Assessment Diagram for the Smoketree Commons Landscape Maintenance District. The parcels of land within the District are inclusive of a portion of the parcels an Page 020 of Book 510, of the Riverside County Assessor's Parcel Maps, and by reference this Riverside County Assessor's Parcel Map is made part of this Report. MuniPLmniio! ]'age 15 00602b7 ASSESSMENT DIAGRAM FOR SMOKETREE COMMONS LANDSCAPE MAINTENANCE DISTRICT CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SMOKETREE COMMONS LANDSCAPE MAINTENANCE DISTRICT Cl1Y OF PALM SPRINGS COUNTY OF RNERSIDE STATE OF CPLFORNIA asr Fran canvm.oR �I l N ue Legend WI LLIDAN ��9 ®Dislacl Boundary Financlal Services f C„1 4 ��.] R1�rrttFr�tmrrinl Png: lG 00 Engineer's Report City of Palm Springs Landscape Maintenance District No. 12, "Smoketree Commons" PART V - ASSESSMENT ROLL Parcel identification for each lot or parcel within the District is based on available parcel maps and property data from the Riverside County Assessor's Office, as they existed at the time this Report was prepared and the City Council adopted the Resolution of Intention. A listing of the proposed lots and parcels to be assessed within this District along with the assessment amounts is provided herein. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate described in this Report as approved by the City Council. The following 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's Assigne Balloted Firs Parcel Actua Propen Benefit mw%imu 'Year's Numbe Acreage Owue (BBU) AssessmeuY Assessmeui Pornon orAPN 510-020-034 9.1 SMOKE TRItI:INC. 7.0 S 5,159.0 5 5,158.0 510-020- 0.8 SMOKL 17tLL INC 0.9 S 663.3 S 663.1 510-020- 0.6 SMOKE TRlili IN(: (1.7 $ 5159 $ 515.8 510-020- 0.2 SMOKE-ntl:n INC. 02 S 184.2 $ 1842 510-020- 0.5 SMOK1i7RLl:INC 0.5 S 375.8 5 375.9 510-020- 0.3 SMOKL 11=INC 03 $ 2874 S 2873 510.020. 0.3 SMOKE TREE INC 08 S 633.8 S 633.7 Pot=of APN 510-020-051 5.2 SMOKE TR1'C INC 1.8 S 1,326.6 $ 1,326.3 510-020- 5.4 SNIOKI, IRLL INC 55 S 4,0535 $ 4,052.7 510-020- 0.1 SMOKE TRISL INC 0.1 S 140.0 IS 140.0 22.92 18.10 $ 13,339.74 $ 13,337.18 MnttiFFuararul Page 17 �9GQe29 Engineers Report City of Palm Springs Landscape Maintenance District No. 1Z "Smoketree Commons" APPENDIX A - REFERENCE DOCUMENTS The following contains pertinent maps and documentation related to the formation of the District and specifically the boundaries and proposed development of properties within the Smoketree Commons PM 34289. Full size copies of these documents are on file in the Planning Department of the City of Palm Springs. These documents may be utilized in conjunction with this Report as a means of identifying the specific size, extent and location of lots and parcels of land for the development of properties within the District. If for any reason the Development Plans are revised or amended at any point following the formation of the District, all language and exhibits preceding this page of the Report shall supercede any potential discrepancies, if any, between the following "Development Plans For Smoketree Commons" and Parts 1 through 5 of this Report. MuniT"iiianczar Pggr Is DEVELOPMENT PLANS FOR SMOKETREE COMMONS CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA Mso lu < > 4 } _ a _ - — -I- I` - '.!,'tea - - -_ • ��6 l ..711` ' . lei 111 ^.5.`aFan 2i _ _ AM 1LI71�aaFe�ronr+sl 3 Page 19 1-� DEVELOPMENT PLANS FOR SMOKETREE COMMONS CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA IN hl[ OW OF PALM SPNING^i WJ4TY OF RIt'ENSIPE. vaxr-w�v#[n STATE OF Gll1FORNIPRMA p�,opoFxs:'IATEYC�: PARCEL MAP No. 34289 d PM.'A 3 Ci PArcwl uw IN P:A.Kr F„e yIP tu{o ry F�rc_a P+tt 16 U ur— "p WFi TMi".cT4. ni a I l u Sr 11 Pax r u.T'iiv u�N.xNn/.s 1 cNf F Ai ECG�,Ww P t sou 1. v n,[a/ .Y PH>•s n�'s v iwW:C` � r�.vro n{c n:ww.la Ivc[�d vA n ILJfCS CF NhJK sm.fn acres¢[wPx-vns ,n,�,�••C�••-�•• 0\NaT NARM[M nw,r nu p.+vuun v r n'ti.AYi<}� •+.c e.+.+w,rtnn+"K vu1YR'C MAIFMFNTn �n...r n. •••�•�.� � ryy�ncua>-n's sAm�HT- inn ay.c�.:�+vms .,�..c.,[3 •...ivF— tl'�n__.n..-e.n..e,..r�,..n+. Q 'i� h4Vnry r.:tu[mvmr x�marpV ryTV(x FPl(C 4T�� nm..�... MOTIF'( CIMOYT FIN.YFYT 7WC'v�7=�a�� 1�"" "a .,rx.IMt nnn..,.r. • � 1 ��a��,�-anc�� � nv er rruu arvn "r"�°ra xarvawn • GY4AY�GYwu'i14�' as ��b=I�aa rM[I•Y^na�[�M���dY HIV�IIrY�/YW �fSY1Fl:i0Y5(1'WLa1CA1£� mmnM,re Mf bu+Pi[IG v�Iv�M[v.Mq.M.�'m Cµf vS N,i cr[n n•.lG,il l nT. rM WXYAF 4ihT a..vr�taar TM A�mm w n)(rtMn PorT� �T1M xClMGVf fi1CVMT a�-nF/'cn�• nrvn n w.:Af1lV//A. nanx,v�NG� I TAX OMf)CRiTi1CASL �Si�TGrZOuu�_rn[ -���n .uunaa'FM1SI'S��iri iawe. M. n.r�c. �[.w�/wArnl¢[¢ytu,w m+•wn. was wmruw 9yn23��we °.t�b`°°'+I��'�'y YL.n w[wu v¢nr�wa.t0!4lSraM1rc uwm`-i mvnu ad ,Y a.[.'h�f�ulu vn Y,nli' nfttL. n.4. ury ^.ten r[aavw+,m 5411.NkL dIFSCfI? I Q-nx4aa nv w.uwr.em.nMsa.r.v.,.n.. �,Qi� .L�^wwd�s.:c':w"�c.:a'+a�e`�`•.,,P.,`.+°�-..' morn..w ..ndi t°^cp�jy�jayyn«,.rr..wcroamr�$iA4Cmws .�' �`.im'•`"„�"w�.'." Ia�u�P+nr� MnniFi/rmuin! Pay 20 ll®l9 Y}'e]�G DEVELOPMENT PLANS FOR SMOKETREE COMMONS CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA ^�•-• IN TR[ GT OF FAW 5PRINO , CWNTY CF RIvERSE, attl a s sx,[rs STATE OF CALIFORNIA PARCEL MAP No. 34289 iecvxm'1 xml r� N.2 �°�ow"IT`ua uww.�iina Ix v uYma maw of5 -a w a�wrs"a eN°s ibrnAm 4c u7i°i I o-71raw Icmms.maEMu nl wlrmc rwl vuuv rn1aR'uw:nun n uoal 1.,rrf o5x s mx nx°aoa w mmrvoc rnKry dsw.wti 1➢CUl➢tN S=CPtr1 P3.i..J..RK. 3.Oa4 EAST-A,. �nanmro P -€a � .•.T-- PM ACk qIW� I IdnFr�,Mp c3�SF J All, 3 �� • -EI a�C POIInOLRY f5TIR1151YFM NCd11.'VfHK PNb xfLfNfuCES m 11.-nu�r,nee�nr�vv LCL`.2A © ��`��on,,'N'ds m,•JE �,ciltu',�iY - —.�....�— wRue 8'�`•--'RgMLi�v`'I-gnu°wn GRAPFQC FfJLC - S(]IS RF9(L!T Q�r�l,�v eW��liarce we ewa..rsv✓�W,.,R ,M-Fi•,IM1 Irv9 w.r,Y1 pl m�r.nr r.SUCVY. gLgS nE RE1VI.W5 ©�i.Y�i�e ,eYetia � � �rv"`��bidnii¢�mruuJw AfifniFaaARa1 Pe ge 21 DEVELOPMENT PLANS FOR SMOKETREE COMMONS CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA IN r E a1- OF PN.M SPFOxt'a, CMMY OF RlV DE, R T a y 3 vxsxs MT OF CALIFORNIA PARCEL MAP No. 34289 F*F 3 ar nwm X Nc r 7 h rm X.0 f4 m BOOK.h,rACE Yn cF v/++m w>:,II HM OM I W. P]i11IX15 6F IMRY RM M F 7 vh.r C+�"Y.aIChO.Ior1'nRX min 1NC'f44Tpb GF V)r X 6 M'r^VMr aN ME ma'.N t6anr.,M n� m WN I',PXE E.ti Or MM bfts of ft �%CQa1w,e..:iyiuh La.RO x'X[IOv S'a.Fw�RrL 5➢.X. r"T PAl1A Cu N saw w <cyJ1 �1 L8r C — ♦ `v-1 ti J % c r /f __._._._ ----------- V ry�r LOT 6 wnr�-an L 6 M •ILE,VAI.1._Y FOLO,r•��,08 Id B 14/^.E2 X EUII Rr,WD RE DIMC 'y A H N�__. a IM _ 4x.,,IK - FI OT(GPfF FIavKRIs.R � tacnn w a sT•r �r wv�amver�"s�f �� Ya�• 5� u4n o[ °umuwr ar gm.i`icai�''mwanw 1 II P4 �� ,ram G�z= MAIL MILILil'Indlrtfd( Rag 22 0000'4 ATTACHMENT RESOLUTIONS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST BALLOT PROCEEDINGS CONDUCTED FOR THE PROPOSED LEVY OF A NEW ASSESSMENT FOR THE PALM SPRINGS LANDSCAPE MAINTENANCE DISTRICT NO. 12 — SMOKE TREE COMMONS, COMMENCING WITH FISCAL YEAR 2008/2009 WHEREAS, the City Council (the "City Council") of the City of Palm Springs (the "City"), initiated proceedings and declared its intention to conduct a protest balloting for the imposition of assessments for the proposed "Landscape Maintenance District No. 12 — Smoke Tree Commons" (hereafter referred to as the "District"), to pay for the ongoing operation, maintenance and servicing of landscape median improvements and appurtenant facilities within the public right-of-way installed in connection with the development of commercial properties identified as Parcel Map No. 34289 (Smoke Tree Commons) commencing in Fiscal Year 2008-2009; pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code(commencing with Section 22500); and, WHEREAS, in accordance with the provisions of the California Constitution, Article XIIID, the City Council has caused and conducted a property owner protest ballot proceeding for the proposed new assessments to be levied on properties within the District; and, WHEREAS, the assessments presented to the property owners of record within the District reflects each property's proportional special benefit and financial obligation related to the ongoing operation, maintenance and servicing of the improvements and facilities; and the ballots presented identified the total amount balloted to all properties within the District, the proposed assessment rate, the proportional annual assessment amount for the property balloted commencing with Fiscal Year 2008-2009 and an assessment range formula applicable to future assessments; and, WHEREAS, upon the close of the Public Hearing held on July 16, 2008 the protest ballots returned by the landowners of record within the District, were opened and tabulated, the results of which are illustrated as follows: Yes: No: THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Resolution No. Page 2 SECTION 1 Recitals: The preceding recitals are all true and Correct. SECTION 2 Procedural Compliance: Pursuant to the provisions of the California Constitution, a protest ballot proceeding has been conducted with the notices and ballots of the proposed new assessments presented to the property owners of record within the District, with a required receipt of the returned ballots to the City Clerk prior to the close of the Public Hearing on July 16, 2008. SECTION 3 Confirmation of Ballots: The canvass of the protest ballots cast for the District and received prior to the close of the public hearing, weighted according to the proportional financial obligation of the affected properties as presented herein is hereby approved and confirmed. SECTION 4 Declaration: The City Clerk is hereby directed to enter this Resolution on the minutes of this meeting, which shall constitute the official declaration of the result of such property owner protest ballot proceeding. SECTION 5 Effective date: This Resolution shall become effective immediately upon its adoption and the City Clerk shall certify the adoption of this Resolution. f9 � 927 Resolution No. Page 3 ADOPTED THIS 16th day of July 2008. David H. Ready, City Manager ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on July 16, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California OOOPIS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE ENGINEER'S REPORT REGARDING THE FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 12 — SMOKE TREE COMMONS; AND THE LEVY AND COLLECTION OF ANNUAL. ASSESSMENTS RELATED THERETO COMMENCING IN FISCAL YEAR 2008/2009 WHEREAS, the City Council in accordance with the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the "Act"), did by previous Resolution called for an Engineer's Report to be prepared and filed in accordance with Article 4 of Chapter 1 of the Act in connection with the formation of"Landscape Maintenance District No. 12 — Smoke Tree Commons" (hereafter referred to as "The District"); and the proposed levy and collection of assessments related thereto commencing with fiscal year 2008/2009, said fiscal year beginning July 1, 2008, and ending June 30, 2009; and, WHEREAS, the Engineer has prepared and filed with the City Clerk and the City Clerk has presented to the City Council the Engineer's Report required by the Act, said report entitled "Engineer's Report for the Formation of Landscape Maintenance District No. 12, Smoke Tree Commons, Fiscal Year 2008/2009" (hereafter referred to as "Report"); and, WHEREAS, the City Council has duly held a public hearing regarding the formation of the District and pursuant to the provisions of the California Constitution Article XIIID has caused the assessments described in the Engineer's Report to be presented to the property owners of record as part of a protest ballot proceeding; the results of which have been presented and confirmed by this City Council; and, WHEREAS, the City Council has examined and reviewed the Engineer's Report, considered all public testimony and written protests presented, and evaluated the results of the property owner protest ballot proceedings to determine if majority protest exists. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 Recitals: The above recitals are all true and correct. 0090�9 Resolution No. Page 5 SECTION 2 Report Content: The Report, as presented, consists of the following: 2a A Description of the Improvements (Plans and Specifications). 2b The Method of Apportionment that details the method of calculating the proportional special benefits and the annual assessment obligation for each affected parcel including a description of an "Assessment Range Formula" applicable to subsequent assessments. 2c The estimated annual costs and expenses to provide the improvements (Budget) that establishes the proposed "Proposed Maximum Levy per Parcel" and first year's assessments. 2d An Assessment Diagram (Boundary Map). 2e An Assessment Roll containing the assessment to be levied for each Assessor Parcel Number within the District commencing in Fiscal Year 2008/2009 based on the proposed maximum levy per parcel and method of apportionment described therein. SECTION 3 Report Approval: Based on testimony given, the results of the property owner protest ballot proceedings and the documents and discussion presented, the City Council has directed and confirmed any necessary modifications or amendments to the Engineer's Report previously presented and filed, and said modifications or amendments so reflected by the minutes of this meeting shall by reference be incorporated into the approved Engineer's Report. The Report and Assessment Diagram connected therewith as approved, shall constitute the territory and properties within the District and the assessments commencing with Fiscal Year 2008/2009. SECTION 4 Certification: The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of and approval of the Engineer's Report and said Report is hereby ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. Resolution No. Page 6 ADOPTED THIS 16th day of July 2008. David H. Ready, City Manager ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on July 16, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 060041 RESOLUTION NO_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA CONFIRMING THE FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 12 -- SMOKE TREE COMMONS; AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2008/2009 WHEREAS, the City Council pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter referred to as the "Act"); has by previous Resolutions initiated proceedings and declared its intention to form "Landscape Maintenance District No. 12 — Smoketree Commons" (hereafter referred to as the "District"); and to levy and collect annual assessments commencing with fiscal year 2008/2009, to pay the costs and expenses related to the operation, maintenance and servicing of landscape improvements and appurtenant facilities installed in connection with the development of the properties therein and designated as part of Parcel Map No. 34289, and, WHEREAS, pursuant to the Act, an Engineer's Report containing an Assessment Diagram has been prepared and filed with the City Clerk, and the City Council did by previous Resolution adopt and approve said Engineer's Report in connection with the formation of the District and the annual levy of assessments upon eligible parcels of land therein commencing in fiscal year 2008/2009; and, WHEREAS, the City Council has held a full and fair Public Hearing on July 16, 2008, regarding the formation of the District; the Engineer's Report prepared in connection therewith, and considered all oral and written statements, protests and communications made or filed by interested persons regarding these matters, pursuant to the Act; and has conducted property owner protest proceedings for the assessments and assessment range formula as described in said Engineer's Report, in accordance with the provisions of the California Constitution Article XIIID (hereafter referred to as the "California Constitution"); and, WHEREAS, the City Council, in accordance with the provisions of the California Constitution, has determined that majority protest did not exist for the proposed assessments as presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS.- SECTION 1 Recitals: The above recitals are all true and correct. SECTION 2 Benefit Findings: Based upon its review (and amendments, as 000042 Resolution No. Page 8 applicable) of the Engineer's Report, which has been filed with the City Clerk, the City Council hereby finds and determines that: 2a The land within the District will receive special benefit from the operation, maintenance and servicing of landscape improvements, and all appurtenant facilities related thereto, to be provided by the District as described in the Engineer's Report. 2b The District as defined by the Engineer's Report and Assessment Diagram includes all of the lands receiving such special benefit. 2c The net amount to be assessed upon the lands within the District has been apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefit to be received by each parcel from the various improvements and services to be provided commencing with Fiscal Year 2008/2009. SECTION 3 Intent to Levy: The City Council desires to levy and collect annual assessments against parcels of land within the District commencing in fiscal year 2008/2009, to pay the costs and expenses of operating, maintaining and servicing the landscape median improvements and appurtenant facilities that provide special benefits to the properties within the District. SECTION 4 Ordering Formation: The City Council hereby orders the formation of The District, said territory being inclusive of all parcels within the commercial development known as Smoke Tree Commons and designated as Parcel Map No. 34289, for fiscal year 2008/2009. SECTION 5 Ordering Improvements: The City Council hereby orders the proposed improvements as described within the Engineer's Report to be made. Said improvements generally include, but are not limited to, the maintenance, operation and servicing of the median landscaping on East Palm Canyon Drive established or installed in connection with the development of properties within the District and which shall be maintained for the special benefit of the properties therein. The maintenance and servicing of the improvements generally include, but are not limited to, the materials, equipment, utilities, labor, and incidental expenses required for the annual operation, as well as the performance of periodic repairs and replacement activities as needed to provide for the growth, health, and beauty of the improvements and/or the proper operation and functioning of related facilities as authorized pursuant to the Act. 00000 Resolution No. Page 9 SECTION 6 Collection of Assessments: For Fiscal Year 2008/2009, the County Auditor of Riverside shall enter on the County Assessment Roll opposite each parcel of land the amount of levy so described in the Engineer's Report, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer. SECTION 7 Use of Funds: The City Treasurer shall deposit all money representing assessments collected by the County for the District to the credit of a fund for the District, and such money shall be expended only for the maintenance, operation and servicing of the improvements as described in the Engineers Report and generally described in Section 5 of this Resolution. SECTION 8 Certification: The adoption of this Resolution constitutes the formation of the District identified as "Landscape Maintenance District No. 12 — Smoketree Commons'; the establishment of the maximum assessment rate and assessment range formula described in the Engineer's Report and the annual levy of assessments for fiscal year 2008/2009 (Commencing July 1, 2008 and ending June 30, 2009). The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the City Council's adoption and confirmation of the Assessment Diagram; the establishment of the maximum assessment including the assessment range formula, and the levy of assessments for Fiscal Year 2008/2009. SECTION 9 The City Clerk or their designee is hereby authorized and directed to file the levy of assessments for Fiscal Year 2008/2009 as approved, with the County Auditor of Riverside upon adoption of this Resolution. 006944 Resolution No_ Page 10 ADOPTED THIS 16th day of July 2008. David H. Ready, City Manager ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on July 16, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California © DG645 �Yft.�Af s�y ��= OFFICIAL ASSESSMENT BALLOT a�rFeaa�� CITY OF PALM SPRINGS SMOIMETREL COMMONS LANDSCAPE MAINTENANCE DISTRICT This Ballot is for The property designated as Assessor's Parcel Number- 510-020-057 SMOK13 TREE TNC 1850 SMOKE TREE LAN b. PALM SPRINGS, CA 92264 This is your official propetty ow7ier ballot for a proposed new assessment In connecuon with the form9rion of the Palm Springs Landscape Maintenance District No. 12—Smoke Tree Commons ("District"), to fund the ongoing mmuenance and operation of landscape improvements and appurtenant facilities associated with the District. 11-iis ballot represents this parcel's proportional financial obligation and special benefit assessment for the improvements to be maintained by the City as part of this District. According to Article XIIID Section 4 of The California Constitution, all ballots submitted shall be weighted according to the proportional financial obligation of the affected properties for purposes of determining majority protest. The total amount balloted For this District is $13,339.74. ,W 6i'�M._li `f;.4iN,P'I�i'.+I."i�NiY"!�afr`i�9.�°�!: l.,�r: `' `ic, l ��l, l�- �'a't'a :f.o^le�l.i,u: ;;,,:.,IIV,jI,l��r,:f"711_,.+^I�J�ih-a`ic��,r_.M�li�;'•_ur'I' ,,�. �;...,�:J�p°i,a'r ..��,. . -- - — . fir'. � .,,, �. :�. ,, ._ _ �•� .,},,. ��., C•- 'ui+7 rdda r /n""!, `�??,v',d ;I;wtv.:,GP,:!5!":'f�fi•"rniu'i;'1`'n lilie'L S"1;5;"151"17 idi,.S tS"ii��:a( ,-f,i6:. lml'c.J,�ll.j.ii I .In.f ,•'r :�4 ,r,�lr .tin. i 'fJf."'rr,r�i:^'p,if`1"eSN;'id;G,:'%;"Y.iraf;nri. ,liid •::v",� ;,,(pti",'r';aid ,Yp;L "r:�'r�„i%%':i7T+"nr�C.�h, �m°":,�i�, Cam_°yr�rrV4��lti Ui�d ..,i:;'' To complete your ballot, check the square before the word "YES" or before the word "NO" below; sign and date the ballot; and return it to the City Clerk. ff you wrongly mark, tear, or deface thus ballot, return it to the City Clerk to obtain a replacement ballot. A tetiun envelope has been provided wtth this ballot for your convenience. Please be sure to affix the proper postage before mailing. This ballot represents: Assessor's Parcel Number (Parcel)' 510-C2C-057 Phis Parcel's Calculated Equivalent Benefit Umis: 0.19 EBU(s•) The Proposed Assessment Rate for fiscal year 2008/2009: $736.86 per Equivalent Benefit Unit The Proposed Maximum Assessment Rate for fiscal year 2008/2009! $737.00 per Equivalent Benefit Unit This Parcel's Proposed Maximum Assessment Amount: $140.04 for fiscal year 20()$/2009 Yes, I do approve of the proposed assessment for my property as shown above including an annual inflation adjusument based on the annual percentage change in the Consumer Price Index for. All Urban Consumers in the Los Angeles-Rtverside-Orange County area. ❑ No, I do not approve of the proposed assessment for my property as shown above including an annual inflation adjustment based on the applicable annual percentage change to The Consumer Price index for All Urban Consumers in the 1.os Angeles-Riverside-Orangc County area- 1 hereby declare,under penalty of perjury that I am, the record owner or the authorized representative of the parcel identified on this ballot. Stguature /6 Date ABOUT YOUR ASSESSMENT BALLOT AND INSTRUCTIONS FOR COMPLETION AND DELIVERY OF ASSESSMENT BALLOT THIS BALLOT is your opportunity to indicate whether you support or oppose the proposed new assessment for your properry to fund the annual maintenance and servicing of the landscape median improvements on East Palm Canyon Drive associated with your property as part of Parcel Map 34289 ("Improvements"), These Tmprovemcnts have been determined to be of special benefit, to your property. The proposed assessments will find the materials, equipment, utilities, labor, appurtenant fadhues and incidental expenses necessary for the ongoing matmeinance and operation of the Improvements. Basis of Calculation: A description of the Improvements and the method used ro calculate the assessment for each affected parcel is set forth in die Engineer's Report on file in the City Clerk's Office and is summarized in the notice of public heating that accompanies this ballot- IF the proposed new assessments are approved, your parccl's annual assessment will be subject to the amount identified on your ballot as "This Parcel's Proposed MaNimum Assessment Amount" plus the annual inflationary adjustment identified in the accompanying notice and more fully described in the Engineer's Report. Assessment Ballot Proceedings: In addition to the right to participate in the public hearing scheduled for July 16, 2008, beginning ar 6:00 P.M. in the City Council Chamber, located at 3200 East Tahquirz Canyon Way, Palm Springs, each record owner of property proposed to be assessed has the right under die provisions of the Assessment Law to submit an Assessment Ballot in favor of or in opposition to, the proposed new assessment. A record owner of the property, or the legally authorized representative of such record owner, may complete the Assessment Ballot and thereby indicate such owner's support or opposition to die proposed new assessmenr. After the conclusion of the public hearing die City Council shall cause the Assessment Ballots timely received, to be opened and tabulated. It is not necessary for the record owner to be a citizen of the United States or a resident, of die City, the State of California or the United States in order to be eligible to complete an Assessment Ballot. Only Ballots issued by or on behalf of the City of Palm Springs shall The considered Official Ballots for the purpose of determining majority protest. Tn tabulating the Assessment Ballots, each valid Assessment Ballot returned shall be weighted by the amount of the proposed maximum assessment to be imposed upon the parcel for which such Assessment Ballot was submitted. For purposes of the Assessment Ballot procedure, majority protest ewists if upon conclusion of the public hearing, Assessment Ballots submitted in opposition to the assessment exceed Assessment Ballots submitted in favor of such assessment. If a majority protest costs, the City Council shall not impose the new assessment and further proceedings For the District formation for fiscal year 2008/2009 shall be abandoned. Protest Provisions: Pursuant to California Constitution Article =ID, Section 4 (e), at the Public 14etuing, the City Council shall consider all protests against die proposed new assessments- In addition to the property owner assessment ballots, written protests regarding the District and assessments may be filed with the City Cleric prior to or during the Public IIearing. Please ensure that your Assessor's Parcel Number (APN) is included on any written protest or correspondence so drat your properly can be correctly identified. To Cast Your Ballot: Completed ballots may be personally delivered to the City Clerk either at the public hearing or at City 1422,located at 3200 East Tahquitz Canyon Way,Palm Springs, or may be mailed to the City Clerk at the address indicated below. (A return envelope has been provided for your convenience). If you return your ballot by mail., please: be sure to allow time for mail delivery; the City Cleric must receive all ballots no later than the end of the public testimony portion of the Public Ffearing on July 16, 2008. If you damage or misplace your ballot, replacement ballots may be obtained from the City Clerk upon request. All ballots retuned must be submitted in a sealed envelope that indicates an Assessment Ballot is enclosed and the ballot must be clearly marked to indicate a"Yes" or "No"vote and signed, otherwise the ballot will be rejected and not counted. City Clerk Completed ballots MUST be received by the City Clerk no later City of Palm Springs than the closing of the Public Flearing which is scheduled to begin 3200 past T'ahquitz Canyon'Way on July 16, 2008 at 6:00 p.m., in the City Council Chamber, Palm Springs, CA 92262 (760) 323-8204 3200 East Tabquitz Canyon Way,Palm Springs, California I Irma to Ct�t \r)etr I1,1110r: I �I�n ,)nel � ltcwr+n trr tltit•l lh ( Ierl: on pr Ire•(rnc hm h d (ill,Nd•n, lulc 1 h,'(I(18 m eu uuLwe , wuh tar, rlu.nllau t i r.fclvlluerl ibmi a e�iM sp J�� OFFICIAL ASSESSMENT BALLOT �<rsaad�P CITY OF PALM SPRINGS SMOKETRIEE COMMONS LANDSCAPE MAINTENANCE DISTRICT Tlus Ballot is for the property designated as Assessor's Parcel Number: 510-020-053 SMOKE IREE INC 1850 SMOKE TREE LAN f. PALM SPRINGS, CA 92264 Tlis is your official properly owner ballot fora proposed new assessment in connection with the formation of the Palm Springs Landscape Maintenance District No- 12 —Smoke free Commons ("Districr"), to fund the ongoing maintenance and operation of landscape improvcmenrs and appurtenant Eacilines associated with the District. This ballot represents this parcel's proportional Financial obligation and special benefit assessractiL for the improvements to be maintained by the City as part of this District- According to Article XIIID Section 4 of the California CpjhStitLldon, all ballots submitted shall be weighted according to die proportional financial obligation of the affected properties for purposes of detcrnhining majority proresr. The total amount balloted for this District is $13,339.741. .... -'�.'w^r���,1=ti,i i{iir'4^t l,l`•1.4,8n Y'i.ni!I,�'o�tS i�o,. ........-.....�I ... r , �,r�.frr�� ,u'C 1�$iJ,cSci'i'i�'�;; I . ,ao��'(;hc; 1 r' 1N�,1>i4'N"� M1 .�:•,-,i:d �:=.. i6l r l .�Y i.''I_-, -,,,_I. '..� .•.t.11.i ri.',':�� _I^p'�hli fl7iil��,. r'•• S;uf6( ;i.�'; iYiirnr.='lirvF ']i'n i:i yy'py✓f "''id4��i 'ri M �✓A�i', r :^�ri:..t.i A! ril _,_�SSL ..n�' F:''ii fdl(,�ii r..r , e,n"Y:i' ,N, �I cfm� ii%'Ifrnfi i '/�" JV" nl�nw.�dd�r iVr7•,rY;ill6�i•,1iU'Ji Jv,';!{i,AV': r6' v:.°'2 U•;`. 'oti nii 9aYl .P'[e', r �I�.:�.�_�� 4 aj'�:ra lr.� ." 1�. �.�'"I": ✓.r_ 1�r-,�bRit'�.,:a �' �,,�' - ,[.-n:r a4..•".,� ra �i li/i Arq^tieC,o j APIV�00'0.:51;..n; irn/,i S-,r'l.�i ",-0.ilir7., 4'J'"air, (;'r: ,'Ci➢%' ' ,''r"q$ "...r_.�........,,,.�,_ L- «'-Si�J..,,.'I,^w�.�, L,.j,�, �i yar,/ra�Ed.. (_r�L.:_,*,fin`' !;. �1!�if�d..�Ji.:..M,.�L.,.✓r� ii`iq':n'nic.,,, ........i.. _._,.. _..:✓ To complete your ballot, check the square before the word "YES" or before the word "NO" below; sign and date the ballot; and return it to the City Clerk. If you wrongly mark, tear, or deface this ballot, return it to die City Cleric to obtain a replacement ballot A return envelope has been provided with this ballot for your convenience. Please be sure to affix the proper postage before mating. This ballot represents: Assessor's Parcel Number (Parcel): 510-020-053 This Parcel's Calculated Equivalent Benefit Units: 5,50 EBU(s) The Proposed-Assessment Rate for fiscal year 2f108/2009: $736.86 per Equivalent Benefit Unit The Proposed Maximum Assessment Rate for Fiscal year 2008/2009: $737.00 per Equivalent Benefit Unit �� This Parcel's Proposed Maximum Assessment Amount: $4,053.50 for Fiscal year 2008/2009 I..� Yes, I do approve of die proposed assessment for my property as shown above including an annual inflation �a adjustmenr based on the annual percentage chantrc in the Consumer Price Index for All Urban Consumers in the Los Angeles-Riverside-Orange County area. ❑ No, I do not approve of the proposed assessment Cot my property as shown above including an annual inflation adjustment based on The applicable annual percentage change in the Consumer Price Index for All Urban Consumers 1tl the Los Angeles-Riverside-Orange County area. I hereby declare,under penalty OF perjury that I am, the record owner or the authorized tepresentauve of the parcel identified on this ballot. Signature Date lY �� ABOUT YOUR ASSESSMENT BALLOT AND INSTRUCTIONS FOR COMPLETION AND DELIVERY OF ASSESSMENT BALLOT THIS BALLOT is your opportunity to indicate whether you support or oppose the proposed new assessment for your property to fund the annual ntanntenancc and servicing of the landscape median improvements on East Palm Canyon Drive associated with your property as part of parcel Map 34289 ("Improvements"). These Improvements have been deLermined to be of special benefit to your property. The proposed assessments will fund the materials, equipment, urilitics, labor, appurtenant facilities and incidental expenses necessary for the ongoing mairirenance and operation of the Improvements. Basis of Calculation: A description of the Improvements and Elie method used to calculate the assessment for each affected parcel is set Forth in the Engineer's Report on file in the City Clerk's Office and is summarized in the notice of public hearing tbnt accompanies This ballot If the proposed new assessments arc approved, your parcel's annual assessment will be subject to the amount identified on your ballot as "'Phis Parcel's Proposed Maximum Assessment Amount" plus the annual inflationary adjustment identified in the accompanying notice and more fully described in the Engineer's Report, Assessment Ballot Proceedings: In addition to the right to participate in the public hearing scheduled for July 16, 2008, beginning at 6:00 P-M. in the City Council Chamber, located at 3200 East Tahqui z Canyon Way, Palm Springs, each record owner of property proposed to be assessed has the right under the provisions of The Assessment Law m submit an Assessment Ballot in favor of or in opposition to, the proposed new assessment. A record owner of the property, or the legally authorized representative of such record owner, may complete the Assessment Ballot and thereby indicate such owner's support or opposition to the proposed new assessment. After the conclusion of the public hearing the City Council shall cause the Assessment Ballots timely received, to be opened and tabulated. It is not accessary for The record owner to be a citizen of The United States or a resident of the City, the State of California or The United States in order to be eligible to complete an Assessment Ballot. Only Ballots issued by or on 'behalf of the City of Palm Springs shall be considered Official Ballots for the purpose of determining majority protest. In tabulating the Assessment Ballots, each valid Asscssmenr Ballot returned shall be weighted by the amount of the proposed maximum assessment to be imposed upon the parcel for which such Assessment Ballot was submitted. For purposes of the Assessment Ballot procedure, majority protest exists if upon conclusion of the public hearing, Assessment Ballots submitted in opposition to the assessment exceed Assessment Ballots submitted in favor of such assessment. If a majority protest exists, the City Council shall not impose die nc.w assessment and further proceedings for the District formation for fiscal year 2008/2009 shall be abandoned. Protest Provisions: Pursuant to California Constitution Article QUID, Suction 4 (c), at The Public Hearing, the City Council shall consider all protests against the proposed new assessments. In addition to the property owner assessment ballots, written Protests regarding the District and assessments may be filed with The City Clerk prior to or dumhg the Public Hearing, Please ensure that your Assessor's Parcel Number (APN) is included on any written protest or correspondence so that your property can be correctly identified. To Cast Your Ballot: Completed ballots may be personally delivered to The City Cleric either at the public hearing or at City Hall,located at 3200 East Talnquttz Canyon Way,Palm Springs, or may be mailed to the City Clerk at the address indicated below. (A return envelope has been provided for your convenience). If you remrn your ballot by mail, please be sure to allow time for mail delivery; the City Cleric must receive all ballots no later than the end of the public testimony portion of the Public Hearing on July 16, 2008, If you damage or misplace your ballot, replacement ballots may be obtained from The City Clerk upon request. All ballots reunited must be submitted in a sealed envelope that indicates an Assessment Ballot is enclosed and the ballot must be clearly marked to indicate a"Ycs" or"No"vote and signed, otherwise the ballot will be rejected and not counted. City Clerk Completed ballots MUST be received by the City Clerk no later City of Palm Springs than the closing of the Public Hearing which as scheduled to begin 3200 East Tahquiti Ctuhyon Way Palm Springs, CA 92262 on fatly 16, 2008 at 6:00 p.m., in the City Cosancal Chamber, (760) 323-8204 3200 Fast Tabquitz Canyon Way,Palm Springs, California Itw, II1 C.I't your rialto. .r 1 I.hr Jc p `l;,n end I+r non In the f tli (.lul; nn ar 6e Lath: \V,do,vJ r„ hill 16,:'O R nil It,ard uu• troll flu.(It ulhiiC ti r�h•t cn<<�1 ,ihat� Is OFFICIAL ASSESSMENT BALLOT CITY OF PALM SPRINGS SMOKETREE COMMONS LANDSCAPE MAINTENANCE DISTRICT This Ballot is for the property designated as Assessor's Parcel Number: Portion of APN 510-020-051 SMOKETREF INC 1850 SMOKE TREE LANE PALIA SPRINGS, CA 92264 This is your official property owner ballot for a proposed new assessment in connection with the formation of the Palm Springs Landscape Maintenance District No. 12 —Smoke Tice Commons ("District"), to fund die ongoing maintenance and operation of landscape improvements and appurtenant facilities associated with the District. This ballot represents this parcel's proportional tinancral obligation and special benefit assessment For the improvements to be maintained by the Ciry as part of this District. According to Article h;IIID Section -I of the California Constitution, all ballots submitted shall be weighted according to the proportional fznanennl obligation of the affected properties For purposes of determining majority protest. The mtal amount balloted for this District is $13,339.74, %9.'( Oml���l l., F:"i+td�i{nAU.'&;irf„m"Y,fYn'1'J4�9jn %,lu." ,''di'Y''''r'•ri�N ,'rs,ti'I'i" pi I' �(rirw"j, H' u';i'i' '^•'d;� ,n,', r:7,�,k• J j l ' inr.isle'.. 3'l°yi� •i;0";rd.,.in,�i�isd'4f'I'ar�F' �r@lf:"Jr;{��I'1d7" '.17 iu7Y:l ri Sf,ien✓r�"sf iti'�.J1Y�bi, CY'r',diry arMi irhY'u,n`':;;;',- - C.ir:;li )�J'f; "'� To complete your ballot, check the square before the word "YES" or before the word "NO" below; sign and date the ballot; and return it to the City Cleric. If you wrongly mark, tear, or deface this ballot, return it to rile City Clerk to obtain a replacement ballot- A return envelope has been provided with this ballor for your convenience. Please be sure to affix the proper postage before mailing. This ballot represents: Assessor's Parcel Number(Parcel)! Portion of APN 510-020-051 Tlus Parcel's Calculated I.;quivalent Benefit Units! 1.80 EBU(s-) The Proposed Assessment Rate for Fiscal year 2008/2009' $736.86 per Equivalent Benefit Unit The Proposed Maximum Assessment Rare for Fiscal year 2008/2009: $737.00 per Equivalent Benefit Unit This Parcel's Proposed Maximum Assessment Amount: $1,326.61 for fiscal year 2008/2009 Yes, I do approve of die proposed assessment for my property as shown above including an :rnnuah inflation adjustment based on the annual percentage change in the Consumer Price Index for All Urban Consumers in the Los Angeles-Riverside-Orange Counry area- ❑ No, I do not approve of die proposed assessment for my property as showii above including an annual inflation adjustment based on the applicable annual percentage change in the Consumer Price Index For. All Urban Consumers in the Los Angeles-Riverside-Orange County area. I hereby declare,under penalty of perjury rhar I am, the.record owner or the authorized representative of the parcel identified on this ballot i v Signanuc Date ABOUT YOUR ASSESSMENT BALLOT AND INSTRUCTIONS FOR COMPLETION AND DELIVERY OF ASSESSMENT BALLOT THIS BALLOT is your opportunity to indicate whether you support or oppose the proposed new assessment for your property to fund the annual maintenance and servicing of the landscape median improvements on East Palm Canyon Drive associated with your property as part of Parcel Map 34289 ("Improvements"). These Improvements have been determined to be of special benefit to your property-. The proposed assessments will Fund the materials, equipment, utilities, labor, appurtenant facilities and incidental expenses necessary for the ongoing maintenance and operation of the Improvements. Basis of Calculation: A description of the Improvements and the method used to calculate the assessment for each affected Parcel is set forth in the Engineer's Report on file in the City Clerk's Office and is summarized in the notice of public hearing that accompanies this ballot. If the proposed new assessments are approved, your parcel's annual assessment will be subject io the :IMOLint identified on your ballot as "Thus Parcel's Proposed Maximum Assessment Amount" plus Elie annual inflationary adjustment identified in Elie accompanying notice and more fully described in the Engineer's Report. Assessment Ballot Proceedings: Vn addition Eo the light to participate in the public hearing scheduled for July 16, 2008, beginning at 6tQ0 P.M. in the City Council Chamber, located at 3200 Fast Tahquttz Canyon Way, Palm Springs, each record owner of property proposal to be assessed has the right under the provisions of the Assessment Law to submit an Assessment Ballot in favor of or in opposition to, the proposed new assessment. A record owner of the property, or the leg-.My authorized representative of such record owner, may complete Elie Assessmenr Ballot and thereby indicate such owner's support or opposition to the proposed new assessment. After the conclusion of die public hearing the City Council shall cause Else Assessincnt Ballots timely received, to be opened and tabulared. It is not necessary for the record owner to be a citizen of the United Stares or a resident of die City, the State of California or the United States in order to be eligible to complete an Assessment Ballot. Only Ballots issued by or on behalf of the City of Palm Springs shall be considered Official Ballots for the purpose of determining majority protest. In tabulating the Assessment Ballots, each valid Assessment (Ballot rctumed shall be weighted by the aumount of the proposed maximum assessment to be imposed upon die parcel for wlucb such Assessment Ballot was submitted. For purposes of the Assessment Ballot procedure, majority protest exists iF upon conclusion of the public hearing, Assessment Ballots submitted in opposition to the assessment exceed Assessment Ballots submitted in favor of such assessment- Tf a majority protest exists, Elie City Council shall not impose The new assessment and further proceedings for the District formation for fiscal year 2008/2009 shall be abandoned. Protest Provisions:.Pursuant to California Constitution Article XMID, Section 4 (c), at the Public Nearing, the City Council shall consider all protests against the proposed new assessments. In addition to the property owner assessment ballots, written protests regarding the District and assessments may be filed with the City Clerk prior to or during the Public Hearing. Please ensure rhar your Assessor's Parcel Number (APN) is included on any writEen protest or correspondence so that your property can be correctly identified. To Cast Your Ballot: Completed ballots may be personally delivered to the City Clerk either at the public hearing or at City 14all,located at 3200 East Taliquitz Canyon Way,Palm Springs, or may be mailed to the City Clerk ar the address indicated below. (A return envelope has been provided for your convenience). If you return your ballot by mail, please be sure to allow time for mail delivciy; the City Clcrk must receive all ballots no later than the end of the public testimony portion of the Public Flearing on July 16, 2008. If you damage or misplace your ballot, replacement ballots may be obtained from the City Clerk upon request. All ballots returned must be submitted in a scaled envelope that indicates an Assessment Ballot is enclosed and die ballot must be clearly marked io indicate a`Yes" or"No"vote and signed, otherwise the ballot will be rejected and not counted. City Cleric Completed ballots MUST be received by the City Clerk no later City of Palm Springs than the clonng o 3200 East Tahquttz Canyon Way f the Public Hearing which is scheduled to begin Palm Springs,CA 92262 on July 16, 2008 at 6:00 p.m., in the City Couned Chamber, (760) 323-8204 3200 East Tabquitz Canyon Way,Palm Springs, California I lu lu C,lr,E •,,run- ballot. i 1 �.lii,h ?. :=a+,n ,in�l .. Ian-iu� to ahr t'u� (.Egli %m or Li f�,n• l.� ni \o tiro it \\ednc:ul iY, l trl; l(%_'(llih to .iei AJ.0 isr a uh T11L rlr i,llmc•, I ' Crelp oFpKM SAT i OFFICIAL ASSESSMENT BALLOT ��4spad�p CITY OF PALM SPRINGS SMOIMTREE COMMONS LANDSCAPE MAINTENANCE DISTRICT This Ballot is for the property designLatcd as Assessor's Parcel Number: 510-020-048 SMOKE TREC I N C 1850 SMOKE TREE LANE PALM SPRINGS,CA 92264 This is your official property owner ballot for a proposed new assessment in connection with the formation of the Palm Springs Landscape Maintenance District No. 12 —Smoke Tree Commons ("District'), to fund the ongoing maintenance and operation of landscape improvements and appurtenant facilities associated with the District. Thus ballot represents this parcel's proportional Financial obligation and special benefit assessment for the improvements to be maintained by the CiN as part of this District. According to Article Xl IID Section 4 of the California Constitution, all ballots submitted shall be weighted according to the proportional financial obhgadon of the affecred properties for purposes of determining majority protest. The total amount balloted for this District is j$13,339-74- - h�� r'�I I','o"(oi:iii rES.241i1y�1`.�eru iYl a,{u�l�l4 u�of Iy LLc'_ .�a'w ,�.,1 %i eii'Jr• .J.I*oil;;oarti^1L .n�u. ' 16.;.V,r"li'1: :'1'a,j ,q r;`;:,r.lio .r,1F"' ',"l' Pw', `1 "Ilfial'"Dili"1_' at ,S r:., r. „.,, ... � i,r".3V6'i.,i, lr:'`ha+drl'+� !'71i:,`f�ilr�i'6a'r i�Jb'."iN1?i;„C;im.�L�Y,''r9' '~" 'IrP,ir�r a;l•ar �.,rq.,�! � ,v:, !�";%v Y&y �r;" � i lu• .^1 P h 1-� -- 1/ r`nr' N ;4h��XJ.- H.. 15"i rt" i9pH v' " .ra.l'yv+ iC'jii r.r'-i.fd!d9:^r ,�.iit'iNi9JrLrr lnl. 1',1� i�1k 4!'iir To complete your ballot, check the square before the word "YES" or before the word "NO" below; sign and date the ballot; and return it to the City Cleric. If you wrongly mark, tear, or deface this ballot, return it to The City Clerk to obtain a replacement ballot.A return envelope has been provided with rhis ballot for your convenience- Please be sure to affix the proper posrage before mailing. This ballot represents: Assessor's Parcel Number(Parcel): 510-020-048 Thus Parcel's Calculated EgUivalcnL Benefit Units: 0.86 EBU(s) The Proposed Assessment Rate for fiscal year 2008/2009: $736.86 per Equivalem Benefit Unit The Proposed Maximum Assessment Kate for fiscal year 2008/2009: $737.00 per Equivalent Benefit Unit This Parcel's Proposed Maximum Assessment Amount: $633.82 for fiscal year 2008/2009 Yes, I do approve of the proposed assessment for my property as shown above including an annual inflation adjustment based on the annual percentage change in the Consumer Price Index for All Urban Consumers in the Los Angeles-Riverside-Orange County area. ❑ NO, I do not approve of the proposed assessment for my property as shown above including an annual inklanon adjustment based on the applicable annual petcentage change in the Consumer Price Index for All Urban Consumers in die Los Angeles-Riverside-Orange County area. I hereby declare,under penalty of perjury that I am, the record owner or the aurhonzed representative of the parcel identified on this ballot. I /j// � I l Signature i[� '�n" D.LLC IIIIII IIIII IIIII IIIIIIIII IIIII IIIII IIIII IIIII IIIII IIII IIII IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII III IIII ABOUT YOUR ASSESSMENT BALLOT AND INSTRUCTIONS FOR COMPLETION AND DELIVERY OF ASSESSMENT BALLOT THIS BALLOT is your opportunity to indicate whether you support or oppose the proposed new assessment for your property to fund the annual maintenance and servicing of the landscape median improvements on East Patin Canyon Drive associated with your properly as part of Parcel Map 34289 ("Tnhpmvements"). These Improvements have been determined to be of special benefit to your property- the proposed assessments will fund the marcrials, equipment, utilities, labor, appurtenant facilities and incidental expenses necessary for the ongoing maintenance and operation of the Improvements. Basis of Calculation: A description of the Improvements and the method used to calculate the assessment for each affected Parcel is set forth in the Engineer's Report on file in die City Cleric's Office and is summarized in the notice of public hearing that accompanies this ballot- If die proposed new assessments are approved, your parcel's annual assessment will be subject to the amount identified on your ballot as "This Parcel's Proposed Mi Jinum Assessment Amount" plus the annual inflationary adjustment identified in the acconnpanying notice and more fully described in the Engineer's Report. ,Assessment Ballot Proceedings: In addition to the right to participate in the public hearing scheduled for July 16, 2008, beginning at 6:00 P.M. in the City Council Chamber, located at 3200 East Tahquutz Canyon Way, Palm Springs, each record owner of property proposed to be assessed has die right under the provisions of the Assessment Law to subrr t an Assessment Ballot in favor of or in opposition to, the proposed new assessment. A record owner of the property, or the legally authorized representative of such record owner, may complete the Assessment Ballot and diereby indicate such owner's support or opposition to the proposed new assessment. After the conclusion of the public hearing the City Council shall cause the Assessment Ballots timely received, to be opened and tabulated. It is not necessary for the record owner to be a citizen of the United States or a resident of the City, the Starc of California or the United States in order to be eligible to complete an .Assessment Ballot. Only Ballots issued by or on behalf of the City of Palm Springs shall be considered Official Ballots for the purpose of determining majority protest. In tabulating the Assessment Ballots, each valid Assessment Ballot returned shall be weighted by the amount of the proposed maximum assessment to be unposed upon the parcel for which such Assessment Ballot was submitted. For purposes of the Assessment Ballot procedure, majority protest exists if upon conclusion of the public hearing, Assessment Ballots submitted in opposition to the assessmenr exceed Assessment Ballots submitted in favor of such assessment. If a majority protest exists, the City Council shall not impose the new assessment and Further proceedings for the District formation for fiscal year 2008/2009 shall be abandoned. Protest Provisions: Pursuant to California Constitution Article IMID, Section 4 (e), at the Public Hearing, the City Council shall consider all protests against the proposed new assessments. In addition to the property owner assessment ballots, written protests regarduhg the Distncr and assessments may be Filed with the City Clerk prior to or during the Public Rearing. Please ensure that your Assessor's Parcel Number (APN) is included on any written protest or correspondence so that your property can be correctly identified. To Cast Your Ballot: Completed ballots may be personally delivered to the City Clerk either at die public hearing or ar City 14all,located ar 5200 East Talhquitc Canyon Way,Palm Springs, or may be mailed to the City-Clerk at the address indicated below. (A rerun envelope has been provided for your convenience). If you return your ballot by mail, please be sure to allow time For mail delivery; the City Clerk must receive ail ballots no later than the end of the public testimony pocdon of the Public I Icating on July 16, 2008, IF you damage or misplace your ballot, repl,iceiment ballors may be obtained from the City Clerk upon request. All ballors returned musr be submitted in a sealed envelope that indicates an Assessment Ballot is enclosed and the ballot must be clearly marked to indicate a'Yes" or"No"vote and signed, otherwise the ballot will be rejected and not counted. City Cleric Completed ballots MUST be received by the City Clerk no later City of Palm Springs than the closing of the Public Hearing which is scheduled to begin 3200 East Tahquitz Canyon Way on Judy 16, 2008 at 6:00 p.m., in the City Council Chamber, Yalta Springs, CA 92262 (760) ,323-8204 3200 East Tabquitz Canyon Way,Palm Springs, California rn\• to c i,l \off l r hal.lol L] , ! 'lac rlc 2. si;,u uid Rriinn io the f"m Cl,dc nn or hrfrm o d4c ll \1 tined i.. !u111ll, :flgti ill icuji,l.M(l chili 111L dkdlil:u<, i�lci�nu•d ,lha�� aOFFICIAL ASSESSMENT BALLOT CITY OF PALM SPRINGS SMOKETREE COMMONS LANDSCAPE MAINTENANCE DISTRICT This Ballot is for the property designated as Assessor's Parcel Number: 510-020-047 SMOKE TREE INC 1850 SMOKE TREE LANE PALM SPRINGS, CA 92264 This is your official property owner ballot for a proposed new assessment,in connection widi the formation of the Palm Springs Landscape Maintenance District No. 12 —Smolce Tree Commons ("Distinct"), to Fund the ongoing maintenance and operation of landscape improvements and appurtenant facilities associated with the District. This ballot represents this parcel's proportional financial obligation and special benefit assessment for the nnprovements to be maintained by the Ctty as part of this District. According to Article XIIID Section 4 of die CahiFornia Constitution, all ballots submitted shall be weighted according to die proportional Financial obbgauon of the affected properties For purposes of dcterxmining majority prorest. The total amount balloted for this District is $13,339.74. iJ"K„It'1rw_tPia�sya: ,r')'gTdtl,l?''t���l'`osillll'aYl '�: _. ���h,. 'l`ul .,i�.' hCi." fill,. ..::«. 1,�e i.l llir' rW.Y _ui: �. 1P�4J iuJ:y^ ".7r•ul-' -; /� -q`i'r;;j, T S,dUP.J' r,il;� A 1, cp ti 4y✓..m, r!p4 r./,✓�dl.�i(aM ( ; it�,l , 1�!•rMn4"k r%ii;,/4wr uc+�+./Aw�ia 1�rx. dl,r !. ,t: h v.l r I`.; rt. ^ v;G6 b ';,,ticy"r:iii;:b,jh,;'v:, ",r;!n;hrs,adgrlLrr;';h"f4?1:1wbi.iT d'iY"d;';i _ 'AJ -'r % l`i.11,17L=,{r, �y,,.rd%`• .(r;r, ''wr'i 4",ri";! ii"k:'r/'p,C/:Irl of n 'rr' i i;i✓7,i'•�iS)�e�Vri"r iptSir' '0!F:Irrh;r, 7- To complete your ballot, check the square before the word "YES" or before the word "NO" below; sign and date the ballot; and return] it to the City Clerk. If you wrongly marl;, tear, or deface this ballot, return it to the City Cleric to obtain a replacement ballot.A rerurn envelope has been provided with this ballot for your convenience. Please be sure to aFfts the proper postage before mailing. This ballot represents: Assessor's parcel Number(Parcel): 510-020-047 This Parcel's Calculated Equivalent BeneFir Units: 0.39 RBU(s) The Proposed Assessment Rate for fiscal year 2008/2009; $736.S6 per Equivalent Benefit Unit The Proposed Ma:amum Assessment Rate for fiscal year 2009/2009; $737.00 per Equivalent Benefit Unit This Parcel's Proposed Maximum Assessment Amount: $287.44 for Fiscal year 2008/2009 Yes, I do approve of the proposed asscssmenr For my property as showu above including an annual inflation adjustment based on the annual percenrage change in the Consumer. Price Index For All Urban Consumers in the Los Angeles--Riverside-Orange County area. ❑ No, I do not approve of die proposed assessment for my property as showvn above including an annual inflation adjustment based on the applicable annual percentage change in the Consumer Price Index For All Urban Consumers in the Los Angeles-Rivcrs-ide-Orange County area. I hereby declare,under penalty of perjury rhat I ain, die record owner or the authorized representative of the parcel identified on this ballor. Signature ��� / �!� 7 Date 1 I A13OUT YOUR ASSESSMENT BALLOT AND INSTRUCTIONS FOR COMPLETION AND DELIVERY OF ASSESSMENT BALLOT THIS BALLOT is your Opportunity to indicate whether you support or oppose The proposed new assessment for your 7special to fund the annual maintenance and servicing of the landscape median improvements' on East Palm Canyon Drive associa your property as part of Parcel Map 34289 ("Improvements"). 'these Improvements have been determined To be o benefit to your property. The proposed assessments wall fund the materials, equipment, utilities, labor, appurtenant facilities and incidental expenses necessary for the ongoing maintenance and operation of the Improvements. Basis of Calculation: A description of the Improvements and the method used to calculate the assessment for each affected Parcel is set forth in The Engineer's Report on file in The City Clerk's Office and is summarized in the notice of public hearing that accompanies this ballot.. If the proposed new assessments are approved, your parcel's annual assessment will be subjecr to the amount identified on your ballot as "This Parcel's Proposed Mavmum Assessment Amount" plus the annual inflationary adlustment identified in the accompanying notice and more fully described in the Engineer's Report. Assessment Ballot Proceedings: In addition to the right to pardcipate in The public hearing scheduled for July 16, 2008, beginning at 6-00 P.M. in the City Council Chamber, locared at 3200 Last Tahquitz Canyon Way, Palm Springs, each record owner of property proposed to be assessed has The right under the provisions of the Assessment Law to submit an Assessment Ballot in favor of or in opposition to, the proposed new assessment. A record owner of the property, or the legally authorized representative of such record owner, may complete The Assessment Ballot and thereby indicate such owner's support or opposition to the proposed new assessment After the conclusion of the public hearing the City Council shall cause the Assessment Ballots timely received, to be opened and ,tabulated. It is not necessary for the record owner to be a citizen of the United States or a resident of the City, The State of California or the United States in order to be eligible to complete an Assessment Ballot, Only Ballots issued by or on behalf of the City of Palm Springs shall be considered Official Ballots for the purpose of determining majority protest. In tabulating the Assessment Bsllots, each valid Assessment Ballot returned shall be weighted by The amount of the proposed maximum assessment to be unposed upon the parcel for which such Assessment Ballot was submitted. For purposes of the Assessment Ballot procedure, majority prorest costs if upon conclusion of the public hearing, Assessment Ballots subrnittul in opposition to the assessment exceed Assessment Ballots submitted in favor of such assessment. If a majority protest exists, the City Council shall nor impose the new assessment and further proceedings for the District formation for fiscal year 2008/2009 shall be abandoned. Protest Provisions: Pursuant to Califomia Constitution Article NIIID, Section -1 (c), at time Public I-hearing, the City Council shall consider all protests against the proposed new assessments. In addition to The property owner assessment ballots, written protests regarding the District and assessments may be filed with the City Clerk prior to or during the Public Hearing. Please ensure that your Assessor's Parcel Number (APN) is included on any written protest or correspondence so that your property can be correctly identified. To Cast Your Ballot: Completed ballots may be personally delivered To the City Clerk either at the public hearing or it City Hall,located at 3200 East Tahquitz Canyon Way, Palm Springs, or may be mailed to the City Clerk at the address indicated below. (A return envelope has been provided for your convenience). If you return your ballot by mail, please be sure to allow time for mail delivery, the City Clerk must receive all ballots no later Than the end of the public testimony portion of the Public Hearing on July 16, 2008. If you damage or misplace your ballot,replacement ballots may be obtained from the City Cleric upon request. All ballots returned must be subrrutted um a scaled envelope that indicates an Assessment Ballot is enclosed and the ballot musr be clearly marked To indicate a"Yes" or"No"vote and signed, otherwise the ballot will be rejected and nor counted. City Clerk Completed ballots MUST be received by the City Clerk no later City of Palm Springs than the closing of the Public Hearing which is scheduled to begin 3200 last Tahquirz Canyon Way Palm Springs,CA 92262 on July 16, 2008 at 6:00 p.m., in the City Council Chamber, (760) 323-8204 3200 fast Tahgvitz Canyon Way,Palm.Springs, California 1 belle ?, -J�,fl wd 1{1'hino try the Clcrf on (,r hefnc 1 rr�. Jin•u 1l edne: dn, Bill lo,-_T)F11i 'm �sath ill, cl—t,llin,.. u-Ic�rn,<<I Jwe� e�ty s OFFICIAL ASSESSMENT BALLOT `4r/lo1lH�P CITY OF PALM SPRINGS SMOKETREE COMMONS LANDSCAPE MAINTENANCE DISTRICT This Ballot is for die property designated as Assessor's Parcel Number: 510-020-046 SMOKE TREE INC 1850 SMOKE TREE LANE PALM SPRINGS,CA 92264 This is your official property owner ballot for a proposed new assessment in connection with the formation of the Palm Springs Landscape Maintenance Disrrlci No. 12 —Smoke Tree Commons ("l)istrtct"), to fund the ongoing maintenance and operation of landscape improvements and appurtenant facilities associated with the District. This ballot represents this parcel's proportional Financial obligation and special benefit assessment for the improvemcnT9 ro be maintained by the City as part of this District. According to Article XTUD Section 4 of the California Consurutiou, all ballots subinined shall be weighted according to the proportional financial obligation of the affecred properties for purposes of derermining majority- protest. The total amount balloted for this District is $13,339-74- _mm__.,._. C•_. 1 ii,111 „Nlu��°,`o yy / -�7i - rj'i ."d"_— _ _ r7• / V, ' - ri. � --- " s� "i �:rt �•'r,: �, •)..A1��1!)•`1.'r1+71, J- ' � �. ,;';I;i,o,i i5;lr,d..7.er-i ,• -, -,.. . ,- e ' Y':r.,.;Ci.P.'i-ir.': ;f%'idL V,^Y;n r,19e';3 '4;,li✓nr'riT✓r;rn rvi;lr.'�+`` �f Y�9'i'h;'( ,�;r_irl,d� r ' _ .✓,+Fi(�ti r.ri,.•-•i✓iYlfm;�';'i:47i.T '7rYt,iif,r VS'�;r,vi'r"-1�'4r-;u i.4"�-` n7d �, �;rl�'e'rI!9.9J;�I�i.�.n f r,1:(� (Ir'o"-iF ' ,n.�TJ�.wiol .A,,.,�1;)'-0 (`�°ii,r.L'':.S✓4iin l'fj' 1rrWe,'r iiNii'cql:,, lli'rT�rr.n�YB ia ±i.'��y�.ri;ir,,'- ''�'.✓4i',i;Miig,";^n:1,.ii.g4$ {QS' "'i'' S¢:,i•- - i^� :,7,/"v' , ..--. :-.._�._i_ ,. n __-.-_...tiu,'�,.'-.:I...'i.,.....���..W.a�_'��..- -�r. _—�::�_�':-Y^.,:w.,.:l�..':'L".:-..,...��1�, dl.��r,.�,' "•{;•�»M,'............,.a.w.�.�...�.���__,.��� To complete your ballot, check the square before the word "YES" or before the word "NO" below; sign and date the ballot; and return it to the City Clerk. If you wrongly mark, tear, or deface this ballot, rerurti it to the City Clerk to obtain a replacement ballot A return envelope has been provided with this ballot for your convenience. Please be sure to affix The proper postage before mailing. This ballot represents: Assessor's Parcel Number (Parcel), 510-020-046 This Parcel's Calculated EquivalenT Benefit Units: 0.51 IiBU(s) The Proposed Assessment Rate for Fiscal year 2008/2009; $736.86 per Equivalent Benefit Unit The Proposed Maximum Assessment Rate for fiscal year 2008/2009; $737.00 per Equivalent Benefit Unit This Parcel's Proposed Maximum Assessment Amount: $375.88 Cor fiscal year 2008/2009 Yes, 1 do approve of tic proposed assessment for my property as shown above including an annual inflation adjustment based on the annual percentage change in the Consumer Price Index Cot All Urban Consumers in the 1,08 Angeles-Riverside-Orange County area. ❑ NO, I do not approve of The proposed assessment for my property as shown above including an annual inflation adjustment based on the applicable annual percentage change in the Consumer Price Index for All Urban Consumers in the Los Angeles-Riverside-Orange County area. I hereby declare,under penalty of perjury that I am, the record owner or the aUdioiized representative of the parcel identified on this ballot. Signature _ �/ �x•,�� Date IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I111111111111111111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII XBOUT YOUR ASSESSMENT BALLOT AND 1NSTRUCTIONS FOR CONHILETION AND DELIVERY OF ASSESSMENT BALLOT THIS BALLOT is your opportunity to indicate whether you support or oppose the proposed new assessment for your property to fund the annual maintenance and servicing of the landscape median improvements on East Palm Canyon Drive associated with your property as part of Parcel Map 34289 ("Improvements"). These Improvements have been determined to be of special benefit Lo your property. The proposed assessments will fund the materials, equipment, urilidcs, labor, appurtenant facilities and incidental expenses necessary for the ongoin`maintenance and operation of the Improvements. Basis of Calculation: A description of the Improvements and the method used to calculate the assessment for each affected parcel is set forth in the Engineer's Report on file in the City Clerk's Office and is summarized in the notice of public hearing Thar accompanies this ballot. if the proposed new assessments are approved, your parcel's annual assessment will be subject to the amount identified on your ballot as "This Parcel's Proposed Maximum Assessment AmounL" plus The annual inflationary adjustment identified in the accompanying notice and more fully described in the Engineer's Report. Assessment Ballot Proceedings: In addition to Elie right to participate in the public hearing scheduled for July 16, 2008, beginning at 00 P.M. in the City Council Chamber, located at 3200 East Tahquitz Canyon Way, Palm Springs, each record owner of property proposed to be assessed has the right under die provisions of the Assessment T-aw to submit an Assessment Ballot in favor of or in opposition Lay the proposed new assessment. A record owner of the property, or the legally authorized representative of such record owner, may complete the Assessment Ballot and thereby indicate such owner's support or opposition to the proposed new assessment. After die conclusion of the public hearing the City Council shall cause the Assessment Ballots timely received, To be opened and tabulated. It is not necessary for the record owner to be a citizen of the Un ted States or a resident of die City, the State of California or the United States in order to be eligible to complete an Assessment Ballot. Only Ballots issued by or on ,behalf of the City of Palm Springs shall be considered Official Ballots for the purpose of determining majority protest. In tabulating the Assessment Ballots, each valid Assessment Ballot returned shall be weighted by tie amount of the proposed maximum assessment to be imposed upon the parcel for which such Assessment Ballot was submitted. For purposes of Elie Assessment Ballot procedure, majority protest eNtsts if upon conclusion of the public hearing, Assessment Ballots submitted in opposition to the assessment exceed Assessment Ballots submitted in favor of such assessment. If a majority protest exists, The City Council shall not impose the new assessment and further proceedings for the District Formation for Fiscal year 2008/2009 shall be abandoned. Protest Provisions: Pursuant to California Constitution Article XfIID, Section 4 (e), at the Public Hearing, the City Council shall consider all protests againsL the proposed new assessments. In addition to the property owner assessment ballots, w-ritten protests regarding the District and assessments may be filed with the City Clerk prior To or during the Public I Iearing. Please ensure that your Assessor's Marcel Number. (APN)is included on any written protest or correspondence so that your property can be correctly identified. To Cast Your Ballot: Completed ballots may be personally delivered to the City Clerk either at die public hearing or at City Hall,located at 3200 East Tahquitz Canyon Way, Palm Springs, or may be mailed To The Ciry Clerk at The address indicated below. (A return envelope has been provided for your convenience). If you return your ballot by mail, please be sure to allow time for mail delivery; the City Clerk must receive all ballots no later than the end of the public testimony portion of The Public Hearing on July 16, 2008. If you damage or misplace your ballot, replacement ballots may be obtained from the City Clerk upon request. All ballots returned must be submitted in a sealed envelope that indicates an Assessment Ballot is enclosed and tie ballot must be clearly marked To indicate a"Yes" or"No"vote and signed, otherwise the ballot will be rejected and not counted. City Clerk Completed ballots MUST be received by the City Clerk no later City of Palm Springs than the closing of the Public Hearing which is scheduled to begin 3200 East Tahquntz Canyon Way on July 16, 2008 at 6:00 p.m., in the City Council Cbamber, Palm Springs, CA 92262 (760) 323-8204 3200 East Tabquitz Canyon Way, .Palm Springs, California I low to cn�l. rover h,tlut ChulkICI I ICunm i:, lho Oily (.lei l: 1nt or helnlc `,�. rn Ka ILIIL'll \\�drnada',. �uli Ih,_'llliri 0Cel.iner uaiL (liL:rle «111ueti t�.I��cnu•rl ,�ho� ovpµMSA OFFICIAL ASSESSMENT.BALLOT V//tcRH�P CITY OF PALM SPRINGS SMOICETREE COMMONS LANDSCAPE MAINTENANCE.DISTRICT This Ballot is for the property designated as Assessor's Parcel Number: 510-020-043 SMOKE TREE INC 1850 SMOKEI TREE' LANE PALM SPRINGS, CA 92264 This is your official property owner ballot for a proposed new assessment in connection with the formation of the Palm Springs Landscape Maintenance District No. 12—Smoke Tree Commons ("District"), to fund the ongoing maintenance and operation of landscape improvements and appurtcnanr faCiIiTieF associated with the Disrricr- This ballot represents this parcel's proportional Financial obhgarion and special benefit assessment for Elie improvements to be maintained by the City as part of this District. According To Article XHID Section 4 of The California Constitution, all ballors submitted shall be weighted according to the proporrional Financial obligation of the affected properties for purposes of determining majority proresr. The total amount ballored for this District is $513,339.74. jr, {"�+. ;•i cr r✓.. ti^ r "p• - '�i,�,-�.- - ,{ 74'1, (WLai1',i. -I"I I loan .S ti�� i f% 9.':ITc „�,. _rq, ..M.: ti:..✓„l eyJ, U, „ !'r".1t: — [�.{.'I-i nl L,1 a "�'1.9 ''i;�ifl^�, . N%ItiJI),ji.,lAl?%1sCil' '�'lin,i d(�i.'S'(Ji i'yfi,'�r'{3rni': dn9 ',',r,inn..:�ril;rf ;Yr�:,{ll,i;�k "i rid:✓'i',:. rf�, 1 ' I�,ni'j�i/..'�,r;l• y,.f;rw ` ';%,,�.`1'Yf'J I v,il'dy;i;}ia vrl. tad-u.41:11,� .� 'l '!' ILo 9 I�:e4 io.C1��I0' 'i"J°vu , � - :�.I '.tdr ` i ',�Y.,..,,,,, t '4.1.'�_,'_l::C�.,;,..,,;9,;:,; .•.4„„;lr�..;A , ,I.�'.cr � , , rfyiifL"l/u 1fg11,,f111' fj-. II'eipliiiili'u,ii✓4� yJ ti,✓m-'ivIfi,�t°r',a:�l�j'd; c taxi- if:�,.r,,anr i,irti{ --_.............�.,�,....-. .,.._.�, _ ....,,,,.,,,.,,...u,��i,:�.,.i,.:.cn,�C ,..�';rt„w?..�.- u'V .:'.i.:,:w.'ui To complete your ballot, check the square before the word "YES" or before the word "NO" below; sign and date the ballot; and return it to the City Clerk. If you wrongly marl:, tear, or deface this ballot, return it to the City Clerk to obtain a replacement ballot. A return envelope has been provided with this ballor for your convenience. Please be sure to affix the proper postage before mailing. This ballot represents: Assessor's Parcel Number (Parcel): 51C-020-043 This Parcel's Calculated Equivalent Benefir Units: 0.25 EBU(s) The Proposed Assessment Rate for fiscal year 2008/2009- $736.86 per Equivalent Benefit Unit The Proposed Maximum Assessment Rate for fiscal year 2008/2009- $737.00 per Equivalent Benefit Unir This Parcel's Proposed Maximum Assessment Amount: $184.26 for fiscal year 2008/2009 Yes, I do approve of the proposed assessment for my properry as shown above including an annual inflation adjustment based on the annual percentage change in the Consumer Pace Index for All Urban Consumers in the Los Angeles-Riverside-Orange County area. ❑ No, I do not approve of The proposed assessment for nay property as shown above including an annual inflation adjustment based on the applicable annual percentage change in the Consumer Price Index for All Urban Consumers in the Los Angeles-Riverside-Orange County area. I hereby declare,under penalty of perjury that I am, The record owner or the authorized representative of the parcel identified on this ballot. ' Signarurc _-�-/ ° I 1i" �''`�v 1 Date `F� ABOUT YOUR ASSESSMENT BALLOT AND INSTRUCTIONS FOR COMPLETION AND DELIVERY OF ASSESSMENT BALLOT THIS BALLOT is your opportunity ro indicate whether you support or oppose the proposed new assessmunl for your property to fund thu annual maintenance and servicing of the landscape median improvements on East Palm Canyon Drive associated with your property as part of Parcel Map 34289 ("Improvements"). These Tmprovemems have been determined to be of special benefit to your property. The proposed assessments will fund the materials, equipment, utilities, labor, appurtenant facilities and incidental expenses necessary for the ongoing maintenance and operation of the Improvements. Basis of Calculation: A description of the Improvements and the method used to calculate die assessment for each affected Parcel is set forth in die Engineer's Report on file in the City Clerk's OfEce and is summarized in the notice of public hearing that accompanies this ballor. If the proposed new assessments are approved, your Parcel's annual assessment will be subject to the amount identified on your ballot as "This Parcel's Proposed Maximum Assessment Amount" plus the annual inFlationary- adjustment identified in Elie accompanying notice and more fully described in the Lngincer's Report. Assessment Ballot Proceedings: In addition to the right to participate in the public hearing scheduled for July 16, 2008, beginning at 6:00 P.M. in the City Council Chamber, located at 3200 East Tahquitz Canyon Way, Palm Springs, each record owner of property proposed to be assessed has the right under the provisions of the Assessment Law to submit an Assessment Ballot in favor of or in opposition to, the proposed new assessment. A record owner of the property, or die legally authorized representative of such record owner, may complere the Assessment Ballot and thereby indicate such owner's support or opposition to the proposed new assessment. After the conclusion of the public hearing the City Council shall cause the Assessment Ballots timely received, to be opened and'tabuilated. It is not necessary for the record owner to be a citizen of the United States or a resident of the City, the State of California or the United States in order to be eligible to complete in Assessment Ballot. Only Ballots issued by or on 'behalf of the City of Palm Springs shall The considered Official Ballots for the purpose of determining majority protest. In tabulating the .Assessment Ballots-, each valid Assessment Ballot returned shall be weighted by the amount of die proposed maximum assessment ro be imposed upon the parcel for which such Assessment Ballot was submitted. For purposes of the Assessment Ballot procedure, majority protest exists if upon conclusion of the public hearing, Assessmem Ballots submitted in opposition io the assessment exceed Assessment Ballots submitted in favor of such assessment. If a majority protest exists, the City Council shall not impose die new assessment and further proceedings for the District formation for fiscal year 2008/2009 shall be abandoned. ,Protest Provisions: Pursuant to California Constitution Article '..JIID, Section 4 (c), at the Public IIearing, the City Council shall consider all protests against the proposed new assessments. In addition to the property ow7her assessment ballots, written protests regarding the District and assessments may be filed with the City Clerk prior to or during the Public Hearing. Please ensure that your Assessor's Parcel Number (APN) is included on any wzitten protest or correspondence so that your property can be correctly identified. To Cast Your Ballot: Completed ballots may be personally delivered to the City Clerk either at the public hearing or at City IIall,located at 3200 East Tahquitz Canyon Way,Palm Springs, or may be mailed to the City Clerk at die address indicated below. (A return envelope has been provided for your convenience). If you return your ballot by mail, please be sure to allow time for maul delivery, the City Cleric must receive all ballots no'later than the end of the public testimony portion of the Public Hearing on July 16, 2008. If you damage or misplace your ballot,replacement ballots may be obtained from the City Clerk upon request. All ballots returned must be submitted in a scaled envelope that indicates an Assessment Ballot is unclosed and die ballot must be clearly marked to indicate a"Yes" or"No"vote and signed, otherwise to ballot will be rejected and not counted. City Clerk Completed ballots MUST be received by the City Clerk no later City of Palm Springs than the closing of the Public Hearing which is scheduled to begin 3200 Last Tahquirz Canyon Way on July 16, 2008 at 6:00 p.m., in the City Council Chamber, Palm Springs, CA 92262 (760) 323-8204 3200 East Tahquitz Canyon Way,Palm Springs, California On hI :r'.f �n All' hallut. Sigl) and IZv14u1 w tltc t rt", t lcil:tin or Lifnu. l,s�n \u �I'rtrtl \1:dm-:d•il. lair in "flfltim n�nni,ncru'uL dn.da.��lloa� iclnrn r�l it„fed c OFFICIAL ASSESSMENT BALLOT C'��ICOF��ry CITY OF PALM SPRINGS SMOKETREE COMMONS LANDSCAPE MAINTENANCE DISTRICT This Ballot is for the property designated as Assessor's Parcel Number: 510-020-042 SMOKL'IRET-1 INC 1950 SMOKE TREE LANE PALM SPRINGS, CA 92264 This is your official property owner ballot fora proposed new assessment in connection with the formation of the Palm Springs Landscape Maintenance District No. 12 —Smoke l'ree Commons ("Disuicr."), to fund the ongoing maintenance and operation of landscape improvements and appurtenant facilities assonared with the District This ballot represents this parcel's proportional financial obligation and special benefit assessment for the improvements to be maintained by the City as part of this District. According to Article YIIID Section 4 of the California Constitution, all ballots submitted shall he weighted according to die proportional financial obligation of the affected properties for purposes of determining majority protest. The total amount ballored for this District is $13,339.74. V�,1 I';,q 1fu Yrti" ',eLlb,,,Nf.i?1li (;,1p�,��o G'+,Il d.�o; '��i.°f"� ;( .�;r✓ " ..�i i'1°v d',Yi ' - .el 50�,�, -- ..,.-y . d1;h1' ,; . ,l.l 6/Oa,"1dp'; ' -vt'fr ::i'G :nld `�M'�ri�•:ii lby,.nJi 1",,, ..JN . _ r;.�n�. ! ' .�,r .w , - ,ink:y ,id . dn';dPm,",,,,Ms„r.i�y,:p i+,d. i "iir,�,i: �l;'Y��',IF:r, 1Pui W r 'n.�e� L._y ti r.r •fi ,i�+,._-]I, 'd - ', O'r,.✓iu 7f�J" 7;!ks', f�':r.'/Ir (tidq;y, yi, To complete your ballot, check the square before the word "YES" or before the word "NO" below; sign and date the ballot; and return it to the City Cleric. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk to obtain a replacement ballot.A retum envelope has been provided wide this ballot for your convenience. please be sure to affix die proper postage before mailing. This ballot represents: Assessor's Parcel Number (Parcel): 510-020-042 This Parcel's Calculated Equivalent Benefit Units' 0.70 EBU(s) The Proposed Assessment Rare for fiscal year 2008/2009! $736.86 per Rquivalent Bcncfit Unit The Proposed Madmum Assessment Rate for fiscal year 2008/2009' $737.00 per hqutvalent Benefit Unit This Parcel's Proposed Maximum Assessment Amount: $515.90 for fiscal year 2008/2009 WYes, T do approve of the proposed assessment for my property as shown above including an annual inflation adjustment based on die annual percentage change in The Consumer Price Index Cot All Urban Consumers in The Los Angeles-Riverside-Orange County area. ❑ No, I do not approve of the proposed assessment for my property as shown above including an annual inflation adjustment based on the applicable annual percentage change in the Consumer Price Index for All Urban Consumers in the Los Angeles-Riverside-Orange County area. I hereby declare,under penalty of perjury That I am,the record owner or the authorized representative of the parcel identified on this ballot. Signature �� / ��/ Date ABOUT YOUR ASSESSMENT BALLOT AND INSTRUCTIONS FOR COMPLETION AND DELIVERY OF ASSESSMENT BALLOT THIS BALLOT is your opportunity to indicate whether you support or oppose the proposed new assessment for your property to fund the annual maintenance and servicim,of the landscape median improvements on East Palm Canyon Drive associated with your property as part of parcel Map 34299 ("Improvements"), These Improvements have been determined to be of special benefit to your property. The proposed assessments will fund the materials, equipment, utilities, labor, appurtenant facilities and incidental expenses necessary for die ongoing maintenance and operation of the Improvements. Basis of Calculation: A description of the Improvements and the method used to calculate the assessment For each affecred parcel is set forth in the 1?.nginccr's Report on file in The City Clerk's Office and is summarized in the notice of public hearing that accompanies this ballot. If The proposed new asscs'smeors arc approved, your parcel's annual assessment will be subject to The amount identified on your ballot as "Thus Parcel's Proposed Maximum Assessment Amount" plus the annual inflationary adjustment identified in the accompanying notice and more fully described in the Rnginccr's Reporr. Assessment Ballot Proceedings' Tn addition ro the right to participate in the public hearing scheduled for July 16, 2008, beginning at 6.00 P.M. in the City Council Chamber,ilocated at 3200 East Tahquitz Canyon Way, Palm Springs, each record owner of property proposed to be assessed has Elie right under the provisions of die Assessment Lawn to submit an Assessment Ballot in Favor of or in opposition to, the proposed new assessment. A record owner of the property, or die legally authorized representative of such record owneit, may complete die Assessment Ballot and thereby Indicate such owner's support or opposition to the proposed new assessment. After the conclusion of the public hearing the City Council shall cause the Assessment Ballots timely received, to be opened and tabulated. It is not necessary for the record owner to be a citizen of the United Stares or a residenr of the City, the State of California or the United States in order to be eligible to complete an Assessment Ballot. Only Ballots issued by or on behalf of the City of Palm Springs shall be considered Official Ballots for the purpose of determining majority protest. In tabulating the Assessment Ballots, each valid Assessment Ballot returned shall be weighted by the amount of die proposed maximum assessment to be imposed upon the: parcel' for which such Assessment Ballot was submitted. For purposes of the Assessment Ballot procedure, majority protest exists if upon conclusion of the public hearing, Assessment Ballots submitted in opposition to die assessment exceed Assessment Ballots submitted in Favor of such assessment. If a majority protest exists, the City Council shall not impose the new assessment and further proceedings for the District formation for fiscal year 2008/2009 shall be abandoned. Protest Provisions: Pursuant to California Constitution Article ',.'IIID, Section 1 (c), at the Public IIearing, the City Council shall consider all protests against the proposed new assessments. In addition to the property owner assessment ballots, written protests regarding the District and assessments may be filed with the City Clerk prior to or during the Public IIearing. Please ensure that your Assessor's Parcel Number (APN) is included on any written protest or correspondence so that your property can be correctly identified. To Cast Your Ballot: Completed ballots may be personally delivered to die City Clerk either at The public hearing or at City Hall,located at 3200 East Tahquirz Canyon Way,Palm Springs, or may be mailed to the City Clerk at the address indicated below. (A return envelope has been provided for your convenience). If you return your ballot by mail, please be sure to allow time for mail delivery;the City Clerk must receive all ballots no later than the cad of the public testimony portion of the Public Hearing on July 16, 2008. If you damage or misplace your ballot, replacement ballots may be obtained from the City Clerk upon request. All ballots returned must be submitted in a scaled envelope that indicates an Assessment Ballot is enclosed and the ballor roust be clearly marked to indicate a"Yes" or"No"vote and signed, otherwise the ballot will be rejected and not counted. City Clerk Completed ballots MUST be received by the City Clerk no later City of Palm Springs than the closing of the Public Hearing which is scheduled to begin 1200 East:Tahquitz Canyon"Way Prim Springs,CA 92262 an July 16, 2008 at 6:00 p.m., in the City Council Chamber, (760) 323-8204 3200 East Tahgrsitz Canyon Way,Palm Springs, California I low tit: U,aI- lour b ills. Si; n tor{ kt Wui to the( III ( bile on or h�lotc. 1c,rtNo dih:ll 1\'ttiiii: c;t,. IuI) Ili, :'.OQ9mdciut:{in<ruvlt III( rlviJLm. iLtCItrtu:rl i110�1 oY pALnn oq OFFICIAL ASSESSMENT BALLOT r4ynaAHp CITY OF PALM SPRINGS SMOKETREE COMMONS LANDSCAPE MAINTENANCE DISTRICT This Ballot is for the property designated as assessor's Parcel Number: 510-020-041 SMOKE TREE INC 1850 SMOKE TREE I.,ANE PALM SPRNGS, CA 92264 This is your official property owner ballot for a proposed new assessment in connection with the formation of the Palm Springs Landscape Maintenance District No. 12 —Smoke Tree Commons ("District'), to fund the ongoing maintenance and operation of landscape improvements and appurtenant EwiIiijes associated with the Districr. 'Phis ballot represents this parcel's proportional financial obligation and special benefit assessment for die improvements to be maintained by the City as part of this District. According ro Article .XIIID Secuon 4 of the California Consdaidon, all ballots submitted shall be weighted according to the proportional financial obligation of the affected properties for purposes of determining majority- protest. The total amount balloted for this District is $13,339.74. CEP I•'1 4:�",1,t `„�.i CFi;�ko�„o.:7"d;},ti��a¢L �".�I I�Coi lyplJ6. •'y •�.^;7;:— ,fit ^I"� ✓.� i�r"` ri� .� Sj " .. iv Nl`"f �.: i� i''•' �i a.;. .,,1 '0. l I• .iili•,,,,• i IW;11r.Tij?1,:'I 'N111r1,,J ;;.6i.; I_ ,Ia ' '"' jai.,•, dyil .ii;_fa ;n`i••7,, a:; ' r f' rd Jry�ly�5 MVYik dia!✓r lh,.v Wei f�'-Jr(;ji iJo /), pfil,�% e r �.err{eq+,p.{AJ YiIJ,(4,d k,,.n vy�.% !n" AVP i✓ ,�h e�e"'r !r y r P,yJ'IfAV?,'af)n5('!1'• ;itJ;dr,1;!'L7 :F,q,1:e°,� 1_i/x 'A dtr!9.V 1_or ',lhdM't'i f6sc:r�gll(ain'b fip l,l',rrnr'iYi ."'.�;/h1�'h,4L•yi,Glpi`y::�r�r%l.''iid]"rr✓'i, WO,�fil7, --n• .....e. _.�c1.�ti''_�"-�tl.''__-_,�__ +Yr:;..;�!,: „....._..r... ,.,.,,.nT. 1,�__.µ'µTM..l.,..w,..._-'"��`"'^";, To complete your ballot, check the square before the word "YES" or before the word "NO" below; sign and date the ballot; and return it to the City Clerk. If you wrongly mark, tear, or deface dus• ballot, return it to the City Clerk to obtain a replacemem ballot. A return envelope has been provided wide this ballot for your convenience. Please be sure to affix the proper postage before mailing. Tbis ballot represents: Assessor's Parcel Number (Parcel): 510-020-041 This Parcel's Calculated Equivalent Benefit Units: 0.90 EBU(s) The Proposed Assessment II for fiscal year 2008/2009! $736.86 per Equivalent Benefit Unit The Proposed Maximum Assessment Rate for fiscal year 20OS/2009! $737.00 per Equivalent Benefit Unit This Parcel's Proposed Maximum Assessment Amount: $663.30 for fiscal year 2008/2009 Yes, I do :approve of the proposed assessment for my property as shown above including an annual inflation adjustment based on the annual percemage change in the Consumer Price Index for All Urban Consumers in the f.os Angeles-Riverside-Orangc County area- ElNo, I do not 913prove of die proposed assessment for my property as shown above including an annual inflation adjustment based on the applicable annual percentage change in the Consumer Price Index for All Urban Consumers in the Los Angcles-Riverside-Orange County area. I hereby declare,under penalty of pcijuuy that I am, the record uwner or the authorized representative of the parcel identified on This ballot. Signature - _ / Y "�/��� Dice 1C r ABOUT YOUR ASSESSMENT BALLOT AND INSTRUCTIONS FOR COMPLETION AND DELIVERY OF ASSESSMENT BALLOT THIS BALLOT is your opportunity to indicate whether you support or oppose die proposed new assessment for your property to fund the annual maintenance and servicing of the landscape median improvements on East Palm Canyon Drive associated with your property as part of Parcel Map 34289 ("Tmprovemenis"). These Improvements have been determined to be of special benefit to your property. The proposed assessments will fund the inaterials, equipment, utilities, labor, appurtenant Facilities and incidental expenses necessary for die ongoing maintenance and operation of the Improvements. Basis of Calculation: A description of the Improvements and the method used to calculate the assessment for each affected Parcel is set forth in die Engineer's Report on file in the City Clerk's Office and is summarized in the notice of public hearing that accompanies this ballot. If the proposed new assessments are approved, your Parcel's annual assessment will be subject to the amount identified on your ballot as "`Phis Parcel's Proposed Maximum Assessment Amount" plus the annual inflationary adjustment identified in the accompanying notice and more fully descnbed in the Engineer's Report. Assessment Ballot Proceedings: in addition to the right to participate in the public hearing scheduled for July 16, 2008, beg inning at 6:00 P.M. to the City Council Chamber,, located at 3200 East TahgLnlz Canyon Way, Patin Springs, eacb record owner of property proposed to be assessed has the right under die provisions of the Assessment Law to submit an Assessmenr Ballot in favor of or in opposition to, the proposed new assessmenr. A record ommer of the property-, or the legally authorized representative of such record owner, may complete the Assessment ,Ballot and thereby indicate such owner's support or opposition ro the proposed new assessment. After the conclusion of the public hearing the City Council shall cause the Asscssment Ballots timely received, to be opened and tabulated. It is not necessary for the record owner to be a citizen of the United States or a resident of the City, the State of California or the United States in order to be eligible to complete an Assessment Ballot, Only Ballots issued by or on'behalf of the City of Palm Springs shall be considered Official Ballots for the purpose of determining majority protest. In tabulating the Assessment Ballots, each valid Assessment Ballot returned shall be weighted by the amount of the proposed maximum assessment to be imposed upon the parcel for which such Assessment Ballot was subrtittcd. For purposes of the Assessment Ballot procedure, majority protest exists if upon conclusion of the public hearing, Assessment Ballots submitted in opposition to the assessment exceed Assessment Ballots submitted in favor of such assessment. If a majority protest exists, the City Council shall not impose die new assessment and further proceedings for the District formation for fiscal year 2008/2009 shall be abandoned. Protest Provisions: Pursuant to California Consutution Article XIII.17, Section 4 (e), at die Public 1 fearing, the City Council shall consider all protests against the proposed new assessments. In addition to die property Owner assessment ballots, written protests regarding the District and :assessments may be filed with the City Clerk prior to or during the Public hearing. Please ensure that your Assessor's Parcel Number (APN) is included on any written protest or correspondence so rhar your property can be correctly identified. To Cast Your Ballot: Completed ballots may be personally delivered to the City Clerk tither au the public hearing or at City IIall,locared at 3200 East Tahquitz Canyon Way,Palm Springs,or may be mailed to the City Clerk at the address- indicated below. (A return envelope has been provided for your convenience). If you return your ballot by mail, please be sure to allow time for mail delivery; the City Cleric must receive all ballots no later than the end of the public testimony portion of the Public Hearing on July 16, 2008, If you damage or misplace your ballot, rcplacemenr ballots may be obtained from the City Clerk upon request. All ballots returned must be submitted in a scaled envelope that indicates an Assessment Ballot is enclosed and the ballor must be clearly marked ro indicate a"Yes"or"No"vore and signed, otherwise the ballot will be rejected and not counted. City Clerk Completed ballots MUST be received by the City Clerk no later City of Palm Springs than the closing of the Public Hearing which is scheduled to begin 3200 EastTahqun7 Canyon Way on July 16, 2008 at 6:00 p.m., in the City Council Cbaunber, Palm Springs, Cl 922V (760) 323-8204 3200 East Tahquitz Canyon Way, Palm Springs, Cahfornia 1 low rLi Coat �uui' h.tlhx: Hr iuin in llL (111 r IL-I'll tin of 1-1 (nrr• iii .n r,nJonir o.qL ilr. rii rJLur IC Ioicn�aJ dhnci OF PIVr1 Sp! 3 I' OFFICIAL ASSESSMENT BALLOT r41rFO���C CITY OF PALM SPRINGS SMOKETREE COMMONS LANDSCAPE MAINTENANCE DISTRICT This Ballot is for the property designated as Assessor's Parcel Number: Portion of APN 510-020-034 SMORE TREE INC 1850 SMOKE TItf:h LANE PALM SPRINGS, CA 92264 T1119 is your official property owner ballot Fora proposed new assessment in connection with the formation of the Palm Springs Landscape Maintenance District No. 12—Smoke Tree Commons ("District"), to fund the ongoing maintenance and operation of landscape improvements and appurtenant facilities associated with the District-TEs ballot represents this parcel's proportional financial obligation and special benefit assessment for the improvements to be maintained by the City as part of this District. According to Article XIIID Section 4 of the California Constitution, all ballots submitted shall be weighted according to the proportional financial obligation of the affected properties for purposes of determining majority protest. The total amount balloted for this District is `i13,339.74. �� _ ��-' may' 7� pd -JT " -- - r'dW°. .eY` i",�j;'P�1 'iipG i;_ 171n _ r;/��Kfl'__•'v r.., iil 4,r::� '��ly' �R'v- - 'eF �'u'7i>✓;,� � ."ic ' �,I_�'Ly,i,�.i�„� , i�i, '1"};�,pIi"a`„un„a,ir'�VV'mit a.�sr.(,,J!u -,' _;'Ji"a •r�?'� er'`Mr'�,'iop,,y.l, �np I-r .,Igo�'r,, s,l�ir'"�ii 'l�r..; y , rl �(•. d 'd ,o TI i iI''. 7 �8,�k:�,'�'°J�dff i"!7�• . .Ir,J �A:^ vep ^'S:!`iri(i.5lrrl'1r(sir'nS �'I%ie.. :i'r{,.y�bdi„tivlu To complete your ballot, check the square before the word "YES" or before the word "NO" below; sign and date the ballot; and return it to the City Clerk. If you wrongly mark tear, or deface this ballot, return it to the City Clerk to obtain a replacement ballot. A return envelope has been provided with this ballot for your convenience- Please be sure to affix the proper postage before mailing. This ballot represents: Assessor's Parcel Number(Parcel): Portion of APN 510-020-034 This Parcel's Calculated Equvalent Benefit Units: 7.00 EBU(s) The Proposed Assessment Rate for fiscal year 2008/2009- $736.86 per Equivalent Benefit Unit The Proposed Maximum Assessment Rate for fiscal year 2008/2009; $737.00 per Equivalent Benefit Unit } This Parcel's Proposed Maximum Assessment Amount: $5,159.00 for fiscal year 2008/2009 �{1 Yes, I do approve of The proposed assessment for my property as shown above including an annual inflation \ adjustment based on the annual percentage change in the Consumer Price Index for All Urban Consumers in the Los Angeles-Riverside-Orange County area. ❑ No, I do not approve of the proposed assessment for my property as shown above including an annual inflation adjustment based on the applicable annual percentage change to the Consumer Price Index for All Urban Consumers in the Los Angeles-Riverside-Orange County area. I hereby declare,under penalty of perjury that 1 ant, the record owner or the audhorized representative of the parcel identified on this ballot. _ Signature p� V v I Date Y 1 ABOUT YOUR ASSESSMENT BALLOT AND INSTRUCTIONS FOR COMPLETION AND DELIVERY OF ASSESSMENT BALLOT 71 TIIIS B ty ALLOT is your opportunity to indicate whether you support or oppose the proposed new assessment for your proper To fund the annual maintenance and servicing of die landscape median improvements on East Palm Canyon Drive associated with your property as part of Parcel Map 34289 ("Improvements"). These Improvements have been determined to be of special benefit To your property. The proposed assessments will fund the materials, equipment, utilities, labor, appurtenant facilities and incidental erpenscs necessary for Elie ongoing maintenance and operation of the Improvements, Basis of Calculation: A description of the Improvements and Elie method used to calculate the assessment for each affected Parcel is set forth in dze Engineer's Report on file in the City Clerk's Office and is summarized ur the notice of public hearing that accompanies this ballot. If the proposed new assessments are approved, your parcel's annual assessment will be subject to the amount identified on your ballot as "This Parcel's proposed Nfa\imum Assessment Amount" plus Elie annual inflationary adjustment identified in the accompanying notice and more fully described in the Engineer's Reporr, Assessment Ballot Proceedings: In addition to the right to participate in the public hearing scheduled for July 16, 2008, beginning at 6:00 P.M. in the City Council Chamber,Ilocated at 3200 East Tahquitz Canyon Way, Palm Springs, each record owner of property proposed to be assessed has Elie right under the provisions of the Assessment Law to submit an Assessment Ballot in favor of or in opposition to, the proposed new assessment. A record o=cr of the property, or the legally authorized representative of such record owner, may complete the Assessment Ballot and Thereby indicate such owner's support or opposition Lo die proposed new assessment, After the conclusion of the public hearing the City Council shall cause the Assessment Ballots timely received, to be opened and tabulated, IT is not necessary for the record owner to be a citizen of the United States or a resident of The City, Elie State of California or the United States in order to be eligible Lo complete an Assessment Ballot. Only Ballots issued by or on behalf of the City of Palm Springs shall be considered Official Ballots for the purpose of determining majority protest. In tabulating the Assessment Ballots, each valid Assessment Ballot renamed shalt be weighted by the amount of the proposed maximum assessment to be imposed upon the parcel for which such Assessment Ballot was submitted, For purposes of the Assessment Ballot procedure, majority protest exists if upon conclusion of the public he,-irig, Assessment Ballots submitted in opposition to the assessment exceed Assessment Ballots submitted in favor of such assessment. If a majority protest exists, the City Council shall not impose the new assessment and further proceedings for the District fonuation for fiscal year 2008/2009 shall be abandoned, Protest Provisions: Pursuant to California Constitution Article XIIID, Section & (e), at the Public Hearing, the City Council shall consider all protests against the proposed new assessments- In addition to the property owner assessment ballots, written protests regarding the District and assessments may be filed w-idz the City Cleric prior to or during the Public IIearing. Please ensure that your Assessor's Parcel Number (APN) is included on any written protest or correspondence so that your property can be correctly identified. To Cast Your Ballot; Completed ballots may be personally delivered to the City Clerk either at the public hearing or at City Iill,located at 3200 East Taliquitz Canyon Way, Palm Springs, or may be mailed to the City Clerk aE the address indicated below. (A return envelope has been provided for your convenience). If you return your ballot by mail, please be sure to allow time for mail delivery; the City Clerk must receive all ballots no later than the end of the public testimony portion of the Public Hearing on Judy 16, 2008. If you damage or misplace your ballot, replacement ballots may be obtained from the City Cleric upon request, All ballots returned must be submitted in a sealed envelope that indicates an Assessment Ballot is enclosed and die ballot must be clearly marked to indicate a"Yes" or"No"vote and signed, otherwise the ballot will be rejected and not counted. City Clerk Completed ballots MUST be received by the City Clerk no later City of Palm Springs than the closing of the Public Hearing which is scheduled to begin 3200 East Taliquutz Canyon Way on July 16, 2008 at 6:00 .m. in the CityCouncil Chamber, Palm Springs, CA 92262 3200 East Tali uttz Canyon Wa Palm S ring s California (7G0) 323-8204 RY� P 4� I iuw tit manL 1rxu-1,)AI6.n r✓I � i 1 t itch St"it and lirrrrirn in t6: t,aV t,lt rl: rm Or hI Iprc ,, t ,1 u� il `? c,Lti�tilv . Ittl,- 1G,:'illnl nt .tcrnnfnt<r ,vglt tLc Eli ttlli�u r' i�fct�.n<<�l dlan�