HomeMy WebLinkAbout6/18/2008 - STAFF REPORTS - 2.D. �?ALMSo
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`'FOR"� 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
ITEM NO. "�•
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.
2 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
deferred as a result of the current real estate market and inactivity with the Avalon project.
000032
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 the Los Angeles-Orange-Riverside County Area. This
Assessment Range Formula will ensure that as City 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.
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.
David J. Barakian Thomas J. Wils n
Director of Public Works/City Engineer Assistant City Wit
David H. Ready, er
ATTACHMENTS:
1. Consent and Waiver form
2. Preliminary Engineer's Report
3. Resolutions (2)
gOgda4
ATTACHMENT
CONSENT AND WAIVER FORM
CONSENT AND WAIVER
WAIVER OF CERTAIN PROCEDURES WITH RESPECT TO LANDOWNER
ASSESSMENT BALLOT PROCEDINGS WITHIN AND FOR LANDSCAPE
MAINTENANCE DISTRICT N0. 12, "SMOKE TREE COMMONS", OF THE CITY OF
PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, PURSUANT
TO THE LANDSCAPING AND LIGHTING ACT OF 1972 BEING DIVISION 15, PART 2
OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA
WITNESSETH:
A. WHEREAS, the petitioner, Smoke Tree, Inc., a California corporation,
(hereinafter referred to as the "Owner"), is the sole owner of that certain real property
(hereinafter referred to as the "Property") located in the City of Palm Springs, County of
Riverside, State of California, (hereinafter referred to as the "City") more particularly
described as Parcel Map No. 34289, and the Property includes all or a portion of the
parcels identified by the Riverside County Assessor's Office as follows (at the time this
Consent and Waiver was prepared):
510-020 034 (Portion 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 (Portion of the 5.260 acres);
510-020-053 (5.450 acre parcel);
510-020-057 (0.190 acre parcel.
B. WHEREAS, the Donahue Schriber Realty Group, LP, a Delaware Limited
Partnership (hereinafter referred to as the "Developer"), and Owner have entered into a
long-term ground lease of the Property, whereby Developer is subdividing the Property
into a commercial subdivision map and constructing a commercial shopping center
known as "Smoke Tree Commons", (hereinafter referred to as the "Project"); and
C. WHEREAS, the Project will cause the need for continued operation and
maintenance of median landscaping and appurtenant improvements within East Palm
Canyon Drive (hereinafter referred to as the "Improvements") which have been installed
in connection with the Project; and
D. WHEREAS, the Owner and/or Developer must provide a means
satisfactory to the City for assuring the continued operation and maintenance of the
Improvements; and
E. WHEREAS, as a condition for the subdivision and development of the
Property into the Project, the Owner is required to complete the district formation
process; and
F. WHEREAS, pursuant to the "Landscaping and Lighting Act of 1972", being
Part 2 of Division 15 of the California Streets and Highways Code, commencing with
Section 22500, the City may establish a landscape maintenance district (hereinafter
referred to as the "District") to provide for the continued operation and maintenance of
the Improvements, and for the payment of the costs and expenses incurred for such
maintenance; and
G, WHEREAS, the Right to Vote on Taxes Act, (hereinafter referred to as the
"Act") which added Articles XIIIC and MID to the California Constitution, requires
among other things that all new assessments must comply with the Act; and
H. WHEREAS, the Act also requires that the City Council conduct a public
hearing not less than 45 days after mailing a notice of the proposed assessment to
record owners of each parcel which will have a special benefit conferred upon them and
upon which an assessment will be imposed; and
I. WHEREAS, the California Civil Code, Section 3513, allows anyone to waive
the advantage of a law intended solely for their benefit; and
J. WHEREAS, the 45-day period before the conduct of the public hearing is
not established for a public reason but is solely for the advantage of the parcels having
a special benefit conferred upon them and which an assessment will be imposed; and
K. WHEREAS, the proposed assessments upon the Property and the parcels
to be created will be for the special benefit to be received by the Property from the
Improvements; and
L. WHEREAS, the Owner is the sole owner of the real property to be benefited
by the Improvements, and the maintenance, operation, and servicing thereof; and
M. WHEREAS, the Act does not prohibit a waiver of the 45-day notice period.
NOW, THEREFORE, in furtherance of the foregoing recitals, the Owner does
hereby petition the City as follows:
1. As the Owner of all of the real property to be placed into the District, the
Owner hereby waives all statutory notices of hearings and rights of majority protests by
interested property owners in the proposed District.
2. As the Owner of all of the real property which receives a special benefit and
o000-7
is the only property proposed to be assessed for the special benefit, the Owner hereby
waives all statutory notice requirements and further waives the 45 day period
established for the mailing out of notices and ballots prior to the public hearing required
by the Act.
3. In consideration of the approval of the District by the City, the Owner hereby
proposes as follows:
a) To consent to the formation of the District;
b) To consent to, and cast a ballot authorizing the levy of assessments against
the Property in an amount reasonably determined by the City to cover all costs and
expenses incurred for the continued maintenance, operation, and servicing of the
Improvements; and
c) To pay the assessments levied against the Property for the first fiscal year in
which they are levied.
Submitted by:
Owner: Smoke Tree Inc., a California corporation
hereby declare, under penalty of perjury that I am the record owner, or the authorized
representative of the record owner, of the parcel identified above.
By:
Signature Name and Title
Date:
Concurred by:
Developer: Donahue Schriber Realty Group, LP, a Delaware limited Partnership
By:
Signature Name and Title
Date:
MON
ALL-PURPOSE ACKNOWLEDGMENT
State of
County of
On before me,
Date Name, Title of Officer
personally appeared
NAME(S) OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
Witness my hand and official seal.
Signature of Notary
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of
this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DATE of DOCUMENT
DESCRIBED AT RIGHT:
Signer(s) Other Than Named
Above
ALL-PURPOSE ACKNOWLEDGMENT
State of
County of
On before me,
Date Name, Title of Officer
personally appeared
NAME(S) OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/herltheir authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct
Witness my hand and official seal.
Signature of Notary
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of
this certificate to unauthorized document,
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DATE of DOCUMENT
DESCRIBED AT RIGHT:
Signer(s) Other Than Named
Above
ATTACHMENT 2
PRELIMINARY ENGINEER'S REPORT
Mail
CITY OF PALM SPRINGS
ENGINEER'S REPORT
FOR THE FORMATION OF
LANDSCAPE MAINTENANCE DISTRICT NO. 12
"SMOKE TREE COMMONS"
FISCAL YEAR 2008/2009
V 1n
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I+oanSEv�°' x
cql/FOBN�P
Intent Meeting: June 18, 2008
Public Hearing: July 16, 2008
�MMuniFinancial
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
OOQO 112
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
QQQQ��
TABU OF CONTENTS PAGE.
INTRODUCTION ..................................................................................................1
PART I — PLANS AND SPECIFICATIONS....................................--.................5
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 11 — METHOD OF APPORTIONMENT......................................................8
Benefit Analysis—,................... .................................................. 8
General Benefit ........................... 8
SpecialBenefit .----- ----...................... ..........................-..----------..............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
000014
Engineer's Report
City of Palm Springs
Landscape Maintenance District No. 12, "Smoketree 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.
000015
MuniFinancial Page 1
Engineer's Report
City of Palm Springs
Landscape Maintenance District No. 12, "Smoketree Commons"
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
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.
Munirinancial Page 2
Engineer's Report
City of Palm Springs
Landscape Maintenance District No. 12, "Smoketree Commons"
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
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.
MuniFinancial Page 3
Engineer's Report
City of Palm Springs
Landscape Maintenance District No. 12, "Smoketree Commons"
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
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.
000018
MuniFinancial Page 4
Engineer's Report
City of Palm Springs
Landscape Maintenance District No. 12, "Smoketree Commons"
PART I — PLAINS AND SPECIFICATIONS
Description of the District
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 on 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).
oo�o r_s
Munifirxzwd Pag25
Engineer's 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:
r Repair, removal, or replacement of all or any part of any improvements;
Grading, clearing, removal of debris, the installation or construction of curbs,
gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical
facilities;
s Providing for the life, growth, health, and beauty of landscaping, including
cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or
injury;
y The removal of trimmings, rubbish, debris, and other solid waste;
009020
MuWFi l Puget
Engineer's Report
City of Palm Springs
Landscape Maintenance District No. 12, "Smoketree Commons"
n The cleaning, sandblasting, and painting of walls and other improvements to
remove or cover graffiti;
Electric current or energy, gas, or other illuminating agent for any public lighting
facilities or for the lighting or operation of any other improvements;
n 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:
v 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;
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.
000021
MuniFianxial P S,7
Engineer's 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 Ana9ysds
Genera/ 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
000022
Man:iF rrmu! Page 8
Engineer's 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,
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
000023
MasniFznxyxurL Page 9
Engineer's Report
City of Palm Springs
Landscape Maintenance District No. 12, "Smoketree Commons"
and operation of these improvements are considered a distinct and special benefit to
these properties.
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.
n90024
Mttnffimmr d Y Pao?10
Engineer's Report
City of Palm 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
610-020-046 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 5.60
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 1 12.35 127,580
Parcel 0.52 5,000
Parcel 2.07 10,000
Parcel 0.72 7,000
Parcel 0.92 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
000025
MuniTzmuzal Page 11
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 following 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 Range 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 2008/2009, 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
MnniPtrxttxia(
pa,�t ��66
Engineer's Report
City of Palm Springs
Landscape Maintenance District 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 CPI 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.
000027
MuniFLwmal Pate 13
Engineer's Report
City of Palm Springs
Landscape Maintenance District No. 12, "Smoketree Commons"
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.
e e .
Proposed Budget
Smoketree Commons Landscape Maintenance District
� � : � •
Prune/trim/shape/stake trots $ 1,070 3 1,070
Trimallirees 1,516 1,516
Blow off walks,curbs,gurteis and hardscape 178 178
Control nuisance pests 446 446
Herbicide walks and landscape areas 535 535
Pickup/remove litter and debris 1,338 1,338
Rake/remove leaves 1,249 1,249
Spray insecticides 803 903
irrigation maintain/repair 1,784 1,784
Mtscellancous Materials and Equipment 178 178
Annual Landscape Maintenance Expenses 9,097 9,097
Annual Utilities (Water,Electriciry and Repairs) 1,000 1,000
District Administration Expenses 1,515 1,515
County AdnvnistrationFees 54 54
Annual Direct Costs (Subtotal) $ 11,666 $ 11,666
COLLECTIONSI(CREDITS)APPLIED TO LEVY
Mcdiaan Rehabilimtion/Replacement 650 650
Tree Rchabihtation/Replacemem 438 438
Rehabilitation/ReplacementInstalhnents 1,088 1,088
Reserve Fund Collection/(Transfer) 583 583
Revenues from OLher Soumes (Contributions) - -
Total Adjustments (Subtotal) $ 1,671 $ 1,671
Balance to Levy $ 13,337 $ 13,337
AMOUNT BALLOTED $13,339.74
DISTRICT STATISTICS
Total Parcels 6.00 10.00
Toud Parccls Levied 6.00 10.00
Total Equivalent Benefit Units (EBB 18.10 18.10
Proposed Assessment Rate(FY 2008/2009) 736.86 736.86
Maximum Assessment Rate(per EBU) 737.00 737.00
Munirmvcd Pate 14
Engineer's Report
City of 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 on 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.
000029
MuniFimw d Page 15
ASSESSMENT DIAGRAM FOR
SMOKETREE COMMONS LANDSCAPE MAINTENANCE DISTRICT
CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
SMOKETREE COMMONS LANDSCAPE MAINTENANCE DISTRICT
CITY OF PALM SPRINGS
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
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MuniFimmial PagE 16
I
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 Assigned Ballouad First
Parcel Actual Property Benefit Units Maximum Years
Number Acreage Owner (EBU) Assessment Assessment
POnion of APN 510-020-034 9.11 SMOKE TREE INC 7,00 $ 5,159,00 s 5,158,02
510�=-041 0.81 SMOKE TREE INC 0.90 S 663.30 S 663.18
510-020-042 0.65 SMOKE TREE INC 0.70 $ 515.90 $ 515.80
510-020.043 0.25 SMOKE TgEE INC 0.25 $ 184,26 $ 184,22
510-020-046 0.51 SMOKE TREE INC 0.51 S 375.88 $ 375.80
510-020-047 0.39 SMOKE TREE INC 039 $ 28744 $ 28738
510-020.048 0.30 SMOKE TREE INC 0.86 $ 633,92 $ 633,70
Portion of APN 510-020.051 5.16 SMOKE TREE INC 1.80 $ 1,326.60 $ 1,326,34
510-020-053 5.45 SMOKF'IMEINC 5,50 S 4,053,50 $ 4,052,74
510-020-057 0,19 SMOKE TREE INC 0.19 $ 140.04 $ 140.00
22.92 18.10 $ 13,339.74 $ 13,337.18
000031
YtuniFirunal Pa,17
Engineer's Report
City of Palm Springs
Landscape Maintenance District No. 12, "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 supersede any potential discrepancies, if any, between the following
"Development Plans For Smoketree Commons" and Parts 1 through 5 of this Report.
MuniPirrviouul Pagrt 18
DEVELOPMENT PLANS FOR SMOKETREE COMMONS
CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
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DEVELOPMENT PLANS FOR SMOKETREE COMMONS
CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
IN THE CITY OF PAUA SPRINGS, COUNTY OF RIVERSIDE, WEFT1 OF 3e .
STATE
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MuniP=rza d Page20
DEVELOPMENT PLANS FOR SMOKETREE COMMONS
CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
SHEET 2 OF 3',rP6YT
IN itiE CITY Or PALM SPRINGS, COUNTY OF RIvER51Dr
,mo,.rra STATE GP CALIFORNIA
PARCEL MAP No, 34289
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DEVELOPMENT PLANS FOR SMOKETREE COMMONS
CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
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ATTACHMENT 3
RESOLUTIONS
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 2008/2000
WHEREAS, the City Council pursuant to the provisions of 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 1972 Act") desires to initiate
proceedings for the formation of the Landscape Maintenance District No. 12, "Smoke
Tree Commons", (hereafter referred to as the "District"); and to levy and collect annual
assessments to pay for the operation, maintenance and servicing of landscape median
improvements and appurtenant facilities related thereto. The 1972 Act provides for the
formation of an assessment district pursuant to Chapter 2, Article 1 of the 1972 Act, and
the levy and collection of assessments by the County on behalf of the City pursuant to
Chapter 4 Article 2 of the 1972 Act; and,
WHEREAS, the City has retained MuniFinancial as the Engineer of Work, for the
purpose of assisting with the formation of the District, the establishment of
assessments, and to prepare and file an Engineer's Report with the City Clerk in
accordance with the 1972 Act and to assist with the property owner ballot proceedings
connected therewith pursuant to the provisions of the California Constitution Article
XIIID (hereafter referred to as the "Constitution").
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1 RECITALS: The above recitals are true and correct.
Section 2 IMPROVEMENTS: The proposed District improvements generally include, but
are not limited to the materials, equipment, utilities, labor, contract services, and
incidental expenses associated with the ongoing maintenance, servicing and operation
of landscape improvements and appurtenant facilities within the public right-of-ways or
dedicated easements that provide special benefit to the properties within the District.
Detailed maps and descriptions of the location and extent of the proposed
improvements to be serviced and maintained by the District are on file in the Office of
Public Works of the City of Palm Springs and by reference these plans and
specifications are made part of this Resolution.
Section 3 TERRITORY: The territory within the 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
06GH8
Resolution No.
Page 2
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. 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 (Portion 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 (Portion 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 on 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.
Section 4 ASSESSMENTS: The proposed annual assessments for the District shall
provide a funding source for the ongoing annual expenses to maintain and service the
median landscape improvements and appurtenant facilities located on East Palm
Canyon Drive that provide special benefits to properties in the District. The net annual
cost of providing such improvements shall be collected on the County tax rolls as
annual assessments.
Section 5 ENGINEER'S REPORT: The City Council hereby orders MuniFinancial to
prepare and file with the City Clerk an Engineer's Report concerning the formation of
the Smoketree Commons Landscape Maintenance District and the levy of special
benefit assessments for properties therein for the ongoing maintenance, servicing and
operation associated with the landscape improvements that provides special benefits to
those properties commencing in fiscal year 2008/2009.
a,090
Resolution No.
Page 3
ADOPTED THIS 18th day of June, 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 June 18, 2008, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
000040
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
WHEREAS, the City Council of the City of Palm Springs (the "City") pursuant to the
provisions of the Landscaping and Lighting Act of 1972, being Part 2, Division 15 of the
California Streets and Highways Code, commencing with Section 22500 (hereafter
referred to as the "Act"), did by previous Resolution, initiate proceedings for the
formation of Landscape Maintenance District No. 12 "Smoke Tree Commons" (hereafter
referred to the "District"); and the proposed levy and collection of annual assessments
related thereto to pay for the operation, maintenance and servicing of the improvements
and facilities related thereto; and,
WHEREAS, the City Council desires to form the District; and to levy and collect annual
assessments against lots and parcels of land within the District to pay the cost and
expenses related to the maintenance, servicing and operation of the District
improvements authorized by the Act and in accordance with the provisions of the
California Constitution Article XIIID (hereinafter referred to as the "Constitution"); and,
WHEREAS, pursuant to said Resolution, the Engineer of Work has prepared and filed
with the City Clerk an Engineer's Report (hereafter referred to as the "Report") in
connection with such proceedings for the formation of the District and the proposed levy
of assessments commencing with fiscal year 2008/2009 (Beginning July 1, 2008 and
ending June 30, 2009); pursuant to Section 22623 of the Act, and in accordance with
the Constitution; and said Report has been presented to the City Council.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1 RECITALS: The above recitals are true and correct.
Section 2. REPORT CONTENT: The Report as presented consists of the following:
2a) Plans and specifications that describe the District and Improvements,
2b) Method of Apportionment that outlines the special benefit conferred on properties
within the District from the improvements; and the calculations used to establish
each parcel's proportional special benefit assessment commencing in fiscal year
2008/2009 including the establishment of:
0000111
Resolution No.
Page 2
Annual assessments for the ongoing maintenance, servicing and operation of
the improvements that provide special benefits to the properties in the District;
and,
n An Assessment Range Formula that provides for inflationary adjustments to
the annual assessment thereby establishing the maximum assessment rate
authorized each fiscal year.
2c) The Budget that outlines the estimated annual expenses to provide, maintain,
and service the improvements including incidental expenses authorized by the
1972 Act.
2d) An Assessment Diagram that identifies the boundaries of the District and the
associated lots, parcels and properties included therein.
2e) An Assessment Roll containing each of the Assessor Parcel Numbers that
comprise the District and the proportional assessments commencing Fiscal Year
2008/2009.
Section 3. REPORT APPROVAL: The Report presented is hereby approved on a
preliminary basis as submitted or amended by direction of this City Council, and is
herby ordered to be filed in the Office of the City Clerk as a permanent record and to
remain open to public inspection.
Section 4. ASSESSMENTS: The City Council hereby declares its intention to form the
District to be designated as Landscape Maintenance District No. 12 "Smoke Tree
Commons" and proposes to levy and collect annual assessments against parcels of
land within said District that are necessary to fund the ongoing cost and expenses to
maintain and service the improvements associated with the development of properties
within the District as outlined in the Report prepared in connection therewith,
commencing with fiscal year 2008/2009.
The City Council further declares its intention to conduct a public hearing regarding the
District and the proposed levy of assessments; and calls for a property owner protest
balloting proceeding related thereto in accordance with the provisions of the California
Constitution Article XIIID. The City Council finds that the public's best interest requires
such action and levy of assessments.
Section 5. TERRITORY: The territory of land within the proposed District is within the
City of Palm Springs, County of Riverside, State of California, and generally 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. 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:
0000 <
Resolution No.
Page 3
510-020-034 (Portion 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 (Portion 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 on 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.
Section 6. 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 — Parcel Map 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 Parcel Map 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 Resolution.
Section 7. ASSESSMENTS: The City Council hereby determines that in order to provide
the maintenance and related services and activities for the improvements associated
with the District as generally described in section 6 of this resolution, it is necessary to
levy annual assessments against lots and parcels within the District commencing in
fiscal year 2008/2009. The Report referred to in Section 2 of this Resolution establishes
the estimated budget of anticipated expenses and the resulting maximum assessments
including an annual inflationary adjustment, and such assessments have been deemed
necessary to ensure the proper maintenance and servicing of the improvements
including all operational and incidental expenses related to such improvements and
services.
OUM
Resolution No.
Page 4
Section 8. PUBLIC HEARING: The City Council hereby declares its intention to conduct
a public hearing concerning the levy of assessments for the proposed District in
accordance with the Act and California Constitution, Article XIIID.
Notice is hereby given that a public hearing on these matters will be held by the City
Council on Wednesday, July 16, 2008 at 6:00 p.m., or as soon thereafter as feasible in
the City Council Chambers, located at 3200 East Tahquitz Canyon Way, Palm Springs,
California.
Section 9. CALL. FOR ASSESMENT BALLOTING: Pursuant to Article XIIID of the
California Constitution, an assessment ballot proceeding is hereby called on the matter
Of confirming the proposed assessments for the District. The ballots and notices so
authorized shall be distributed by first class mail to the property owners of record as of
the last County equalized roll, and property owner or owners of each affected parcel
may return the ballot by mail or in person to the City Clerk not later than the conclusion
of the public hearing for this matter.
The City Council hereby authorizes and directs the City Clerk or their designee to
prepare and mail notice of the Public Hearing and property owner protest ballots to the
property owners of record regarding the proposed assessments including the
assessment range formula as outlined in the Report, for return receipt prior to the date
and time of the public hearing set forth in this Resolution.
Section 10. BALLOT PROCEEDINGS: The property owner protest ballot proceeding
conducted for the District shall constitute the property owners' approval or rejection of
the annual levy of assessments and assessment range formula described in the Report
presented and previously approved by the City Council. Each property owner may
return the ballot by mail or in person to the City Clerk no later than the conclusion of the
public hearing scheduled for Wednesday, July 16, 2008. After the close of the Public
Hearing, pursuant to Section 4 (e) of the California Constitution, the City Clerk or their
designee shall open and tabulate the ballots returned to determine if majority protest
exits. Only those ballots issued by or on behalf of the City and are signed by the
property owner of record or authorized representative shall be considered as valid
ballots and shall be weighted according to the proportional financial obligation of each
affected property. Majority protest exists if, upon the conclusion of the hearing, valid
ballots submitted in opposition to the assessment exceed the ballots submitted in favor
of the assessment.
In addition to the ballot proceedings, property owners may also file a separate written
protest with the City Clerk prior to the conclusion of the hearing, or having previously
filed such protest, may file a written withdrawal of that protest. A written protest shall
state all grounds of objection and shall contain a description sufficient to identify the
property owned by such property owner. At the public hearing, all interested persons
shall be afforded the opportunity to hear and be heard.
Resolution No.
Page 5
Section 11. MAILING OF NOTICE: The City Clerk is hereby authorized and directed to
give notice of such Public Hearing as provided by law_
ADOPTED THIS 18th day of June, 200$.
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 June 18, 2008, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California