HomeMy WebLinkAboutSundance L and L District FY 2003 - 2004 * Continued public hearing to the
meeting 10/24/02, w/City Clerk
authorizea to count the ballots in the
interim period. 5-0
CITY OF PALM DESEEYING DATE -
DEVELOPMENT SERVI E���
STAFF REPORT La.CONTINUED TO I O -aY
TO: Honorable Mayor and City Counci 0 PASSED TO 2ND READING alimmmimme
REQUEST:
1. DECLARING THE RESULTS OF THE PROPERTY OWNER
PROTEST PROCEEDING FOR THE FORMATION OF THE
"SUNDANCE" LANDSCAPING AND LIGHTING DISTRICT.
2. APPROVAL TO AMEND AND/OR APPROVE THE
ENGINEER'S REPORT REGARDING THE FORMATION OF
THE "SUNDANCE" LANDSCAPING AND LIGHTING
DISTRICT; AND THE LEVY AND COLLECTION OF ANNUAL
ASSESSMENTS FOR FY 2003/2004;
3. APPROVAL ORDERING THE FORMATION OF THE
"SUNDANCE" LANDSCAPE AND LIGHTING DISTRICT; THE
CONCURRENT ANNEXATION OF SAID DISTRICT INTO THE
PALM DESERT CONSOLIDATED LANDSCAPING AND
LIGHTING DISTRICT; AND THE LEVY AND COLLECTION OF
ANNUAL ASSESSMENTS COMMENCING WITH FY
2003/2004.
DATE: October 10, 2002
CONDITIONS: Resolution No. 02-129
Resolution No. 02-130
Resolution No. 02-131
RECOMMENDATION:
At the conclusion of the public hearing, waive further reading and adopt:
1. Resolution No. 02-129, declaring the results of the property owner protest
proceeding for the formation of the "Sundance" Landscape and Lighting
District.
2. Resolution No. 02-130, approving and/or amending the Engineer's Report
regarding the formation of the "Sundance" Landscaping and Lighting
District; and the levy and collection of annual assessments for FY
2002/2003.
3. Resolution No. 02-131, approving the formation of the "Sundance" Landscape
and Lighting District and the concurrent annexation of said district into the Palm
Desert Consolidated Landscape and Lighting District; and the levy and collection
of annual assessments commencing with FY 2002/2003.
BACKGROUND:
At the September 12, 2002 meeting, the City Council approved the preliminary
engineer's report and declared the intent to levy and collect assessments for the
"Sundance" subdivision for fiscal year 2003/2004.
Attached, you will find a copy of the Final Engineer's Report with no changes
recommended. This subdivision has one owner of record (i.e. the developer) and he is
expected to vote in favor of the assessment district formation. At the conclusion of the
public hearing, staff recommends that the City Council adopt the resolutions for the
fiscal year 2003/2004.
Submitted
MA IN ALVAREZ
SE IOR MANAGEMENT ANALYST
REVI ED AND NCUR:
OMER CR
ASSISTANT T ANAGER FOR DEVELOPMENT SERVICES
REVIEWED AND CONCUR:
CARLOS L. ORTEGA DIRECTOR OF FINANCE
CITY MANGER
2
•
CITY OF PALM DESERT
11111
DEVELOPMENT SERVICES
Piv EXECUTIVE SUMMARY
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To: Honorable Mayor and City Council Members
From: Martin Alvarez, Senior Management Analyst
Date: October 1, 2002
REQUEST: Formation of the "Sundance" Landscape and Lighting District
On September 12, 2002, the City Council approved resolutions initiating the proceedings to
form the "Sundance" Landscape and Lighting District and the preliminary Engineer's
Report. This district is located on Shepherd Lane, north of Frank Sinatra Drive.
The resolutions also initiated the calling for a property owner ballot for the approval a new
assessment levy. In this case, the property owner is the builder/developer and he has
indicated that he will vote in favor of forming the individual district.
No modifications have been requested to the Engineer's Report. The annual budget has
been set to adequately cover the annual cost of maintaining the district with a 9% reserve.
The property owner's ballots will be opened at the October 12, 2002, City Council public
hearing.
If the ballot outcome is for approval of the district, the attached resolutions will:
1. Finalize the formation of the "Sundance" Landscape and Lighting District;
2. Approve the Engineer's Report and authorize the new assessment levy on each
parcel; and
3. Approve the annexation of this new district into the Palm Desert Consolidated
Landscape and Lighting District.
This 32-lot subdivision was approved in July of 2001. At the time of approval, the City's
policy gave the developer the option to form a landscape and lighting district or an HOA. In
this case, the developer applied for the formation of a landscape and lighting district.
The developer has complied with the condition of approval and the City cannot modify this
condition at this time. All new tracts will be required to form an HOA at the time of
approval. If the vote comes back in favor of the forming the district, staff recommends that
the City Council approve the attached resolutions.
Submitted by:
4,
MARTI. ALVAREZ
SENIOR MANAGEMENT ANALYST
Review d an ncur:
HOME OY
ASSIS NT CITY MANAGER FOR DEVELOPMENT SERVICES
Reviewed and Concur:
ig-/-/4!CARLOS L. OA
CITY MANAGER
RESOLUTION: 02-129
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DECLARING THE RESULTS OF A PROPERTY OWNER
PROTEST PROCEEDING FOR THE TERRITORY WITHIN THE PROPOSED
SUNDANCE/SHEPHERD LANE LANDSCAPING AND LIGHTING DISTRICT
AND APPROVING CERTAIN RELATED ACTIONS
WHEREAS, the City Council called and duly held a public hearing for the
"Sundance/Shepherd Lane Landscaping and Lighting District" (hereafter referred to as the
"District") located along Shepherd Lane, west of Portola Avenue, south of Gerald Ford Drive,
north of Frank Sinatra Drive and generally east of Monterey Avenue; and the concurrent
annexation of said District and territory into the Palm Desert Consolidated Landscaping and
Lighting District (hereafter referred to as the "Consolidated District") pursuant to 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"), and there has been
presented to the City Council an Engineer's Report as required by Chapter 2,Article 1, Section
22585 of said Act; and,
WHEREAS, the City Council has conducted property owner protest ballot
proceedings relating to the improvements and services described in the Engineer's Report for the
purpose of presenting to the qualified property owners an assessment and assessment range
formula establishing a maximum assessment for the levy and collection of assessments related
thereto in accordance with the provisions of the California Constitution Article XIIID;and,
WHEREAS, the landowners of record within the District as of the close of the Public
Hearing held on October 10, 2002 did cast their ballots, the results of which are illustrated
below:
Yes: $ 13,246.92 No: $ -0-
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DOES HEREBY RESOLVE, ORDER AND DETERMINE:
Section 1: The preceding recitals are true and correct.
Section 2: The protest proceedings for the District assessments were conducted, with ballots
presented to qualified property owners of the District for receipt by the City
Clerk prior to the conclusion of the Public Hearing on October 10, 2002, with
each ballot weighted according to the proportional financial obligation of the
Page 1 of 2
ttESOLUTION: 02-129
affected property. The proportional financial obligation for each parcel was based
on a maximum assessment rate and included an assessment range formula as
described in the Engineer's Report.
Section 3: The tabulation of the valid property owner protest ballots returned by the
property owners within said District is hereby confirmed and made public
record. The City Clerk is hereby directed to enter this Resolution on the minutes
of the City Council that shall constitute the official declaration of the result of
such property owner protest proceeding.
Section 4: This Resolution shall become effective immediately upon its adoption and the
City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 24th day of October 2002.
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss.
CITY OF PALM DESERT
I� Rachelle D. Klassen , City Clerk of the City of Palm Desert, County
of Riverside, State of California do hereby certify that the foregoing Resolution No. 02-129
was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of
said council held on the 24th day of October , 2002 by the following vote:
AYES: BENSON, CRITES, FERGUSON, SPIEGEL, KELLY
NOES: NONE
ABSENT: NONE
ABSTAINED: NONE
Mayor, Richard S. Kelly
City of Palm Desert
City Clerk, Rachelle D. Klassen
City of Palm Desert
Page 2 of 2
RESOLUTION: 02-130
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, AMENDING AND/OR APPROVING THE ENGINEER'S REPORT
REGARDING THE FORMATION OF THE SUNDANCE/SHEPHERD LANE
LANDSCAPING AND LIGHTING DISTRICT; THE CONCURRENT
ANNEXATION OF SAID TERRITORY INTO THE PALM DESERT
CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT; AND THE LEVY
AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR
FISCAL YEAR 2003/2004
WHEREAS, the City Council, pursuant to 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 order the Engineer,
MuniFinancial, to prepare and file a Report in connection with the proposed formation of the
"Sundance/Shepherd Lane Landscaping and Lighting District" (hereafter referred to as the
"District") located along Shepherd Lane, west of Portola Avenue, south of Gerald Ford Drive,
north of Frank Sinatra Drive and generally east of Monterey Avenue; and the concurrent
annexation of the territory into the Palm Desert Consolidated Landscaping and Lighting
District (hereafter referred to as the "Consolidated District"), and the proposed levy and
collection of assessments against parcels of land for the fiscal year commencing July 1, 2003 and
ending June 30, 2004; and,
WHEREAS, the Engineer has prepared and filed with the City Clerk of the City of
Palm Desert, California and the City Clerk has presented to the City Council such report
entitled "City of Palm Desert Engineer's Report Sundance/Shepherd Lane Landscaping and
Lighting District Formation Fiscal Year 2003/2004" as required by the Act; and,
WHEREAS, the City Council pursuant to the provisions of Chapter 2, Article 1,
Section 22586 of said Act may approve the report, as filed, or may modify the report in any
particular and approve it as modified; and
WHEREAS, the City Council has carefully examined and reviewed the Report as
presented, considered all oral and written comments presented with respect to the District and
Report at a noticed Public Hearing and has discussed any necessary or desired modifications to
the Report.
WHEREAS, the City Council has conducted property owner protest ballot
proceedings relating to the improvements and services described in the Engineer's Report for the
purpose of presenting to the qualified property owners an assessment and assessment range
Page 1 of 3
RESOLUTION: 02-130
formula establishing a maximum assessment for the levy and collection of assessments related
thereto in accordance with the provisions of the California Constitution Article XIIID;and,
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY
THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:
Section 1: The preceding recitals are true and correct.
Section 2: The Report as presented or as modified, contains the following:
a. A Description of Improvements.
b. A Boundary Diagram of the District.
c. The Method of Apportionment that details the method of calculating
each parcel's proportional special benefits and annual assessment.
d. The maximum annual assessment for the first fiscal year (Adjusted
Maximum Levy per EBU) approved by the property owners.
e. An "Assessment Range Formula" for calculating annual inflationary
adjustments to the "Maximum Assessment" (Adjusted Maximum Levy per
EBU), also approved by the property owners.
f. The Annual Budget (Costs and Expenses) and the resulting assessment
(Levy per EBU) for the first fiscal year.
g. The District Roll containing the initial Maximum Assessment for each
Assessor Parcel within the District commencing fiscal year 2003/2004.
Section 3: The City Clerk is hereby directed to enter on the minutes of the City Council
any and all modifications to the Report determined and approved by the City
Council, and all such changes and/or modifications by reference are incorporated
into the Engineer's Report.
Section 4: The City Council is satisfied with the Engineer's Report as presented or
modified, each and all of the budget items and documents as set forth therein,
and is satisfied that the annual assessments contained therein are consistent with
the assessments approved by the property owners and spread in accordance
with the special benefits received from the improvements pursuant to the
provisions of the California Constitution Article XIIID.
Page 2 of 3
RESOLUTION: 02-130
Section 5: The Report is hereby approved as submitted or modified and ordered to be
filed in the Office of the City Clerk as a permanent record and to remain open
to public inspection.
Section 6: The City Clerk shall certify to the passage and adoption of this Resolution, and
the minutes of this meeting shall so reflect the presentation and approval of the
Report as submitted or modified.
PASSED, APPROVED, AND ADOPTED this 24th day of October 2002.
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss.
CITY OF PALM DESERT
I, Rachelle D. Klassen , City Clerk of the City of Palm Desert, County
of Riverside, State of California do hereby certify that the foregoing Resolution No. 02-130
was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of
said council held on the 24th day of October , 2002 by the following vote:
AYES: BENSON, CRITES, FERGUSON, SPIEGEL, KELLY
NOES: NONE
ABSENT: NONE
ABSTAINED: NONE
Mayor, Richard S. Kelly
City of Palm Desert
City Clerk, Rachelle D. Klassen
City of Palm Desert
Page 3 of 3
CITY OF PALM DESERT
ENGINEER'S REPORT
SUNDANCE / SHEPHERD LANE
LANDSCAPING AND LIGHTING DISTRICT
FORMATION
Fiscal Year 2003/2004
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Intent Meeting: August 22, 2002
Public Hearing: October 10, 2002
MI
ra MuniFinancial
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Engineer's Report Fiscal Year 2003/2004
Sundance/Shepherd Lane
Landscaping and Lighting District
OVERVIEW
A. Introduction
The City of Palm Desert ("City") proposes to form the Sundance/Shepherd
Lane Landscaping and Lighting District ("District") for fiscal year 2003/2004.
The City Council on behalf of the City proposes to levy and collect special
assessments on the County tax rolls to provide funding for the costs and
expenses required for maintenance of the landscaping improvements associated
with the District. Upon successful formation of the District and approval of the
assessments, the territory within the District will be concurrently annexed into
the existing Palm Desert Consolidated Landscaping and Lighting District
("Consolidated District") as the Sundance sub-zone of Zone 16 (Shepherd Lane).
The District will be formed, annexed into the Consolidated District, and levied
pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the
California Streets and Highways Code (the Act), and in compliance with the
substantive and procedural requirements of the California Constitution Article
XIIID.
This Engineer's Report ("Report") describes the District and assessments to be
levied against properties within the District commencing with fiscal year
2003/2004. The assessments described herein are based on the estimated cost to
maintain the improvements that will provide a direct and special benefit to
properties within the District. Improvements to be maintained and funded
through annual assessments shall be constructed and installed in connection
with the development of these properties. The annual costs and assessments
described herein include all estimated direct expenditures, incidental expenses,
deficits, surpluses, revenues, and reserves associated with the maintenance and
servicing of the improvements.
The word "parcel," for the purposes of this Report, refers to an individual
property assigned its own Assessment Number by the County of Riverside
Assessor's Office. The County of Riverside Auditor/Controller uses
Assessment Numbers and specific Fund Numbers to identify properties assessed
on the tax roll for special district benefit assessments.
At a noticed Public Hearing, the City Council will consider all public
comments and written protests presented. Upon conclusion of the Public
Hearing, the City Council will tabulate property owner protest ballots received
to determine whether majority protest exists, and by resolution confirm the
results of the protest ballot tabulation. Proceedings for the formation of the
MuniFinancial Page 2
Engineer's Report Fiscal Year 2003/2004
Sundance/Shepherd Lane
Landscaping and Lighting District
assessment district shall be abandoned if majority protest exists. If tabulation of
the property owner protest ballots indicates approval of the assessments and the
assessment range formula presented, by resolution the City Council will
approve the Engineer's Report as submitted or amended (amendments may not
increase the assessments approved by the property owners). Following approval
of the Report, the City Council will by resolution, order the formation of the
District, the annexation of the territoryinto the Consolidated District, and
confirm the levy and collection of assessments pursuant to the Act. In such case,
the assessments as approved may be submitted to the Riverside County
Auditor/Controller to be included on the property tax roll for each parcel for
fiscal year 2003/2004, or reviewed and confirmed at the annual public hearing
for the Consolidated District along with all other assessments within the
Consolidated District.
B. General Description of the District
The District consists of all lots, parcels and properties within the residential
subdivision known as Sundance within the development area known as
Shepherd Lane located along Shepherd Lane, west of Portola Avenue, south of
the Gerald Ford Drive, north of Frank Sinatra Dive, and generally west of the
Monterey Avenue.
The improvements and services that provide a special benefit to properties
within the District generally include, but are not limited to:
• Parkway landscaping on Shepherd Lane adjacent to the residential
development installed as part of the development of properties therein;
• Perimeter landscaping for the Shepherd Lane residential developments.
Tract 30216 is one of several residential subdivisions within the area known
as Shepherd Lane, that includes parkway/perimeter landscaping on the west
side of Portola Avenue between Frank Sinatra Dive and Gerald Ford Drive,
as well as landscaping on the north side of Frank Sinatra Drive and the
south side of Gerald Ford Drive on either side of Shepherd Lane. These
improvements benefit all property development within the Shepherd Lane
area and each residential subdivision is assessed a proportional share of the
costs associated with these landscaped areas;
• Any entryways, open space areas or other landscaped areas associated with
the development of properties within the District that will be maintained
by the District;
• Street lights within and adjacent to the residential subdivision.
g J
MuniFinancial Page 3
TABLE OF CONTENTS
I. OVERVIEW 2
A. INTRODUCTION 2
B. GENERAL DESCRIPTION OF THE DISTRICT 3
II. PLANS AND SPECIFICATIONS 4
A. DESCRIPTION OF THE DISTRICT 4
B. DISTRICT IMPROVEMENTS AND SERVICES 5
GENERAL PROVISIONS OF THE LAW 5
LOCATION AND EXTENT OF IMPROVEMENTS 6
III. METHOD OF APPORTIONMENT 7
A. IMPROVEMENT BENEFIT FINDINGS 7
GENERAL BENEFITS 7
SPECIAL BENEFITS. 8
B. DESCRIPTION OF THE METHOD OF APPORTIONMENT.9
EQUIVALENT BENEFIT UNITS: 10
EBU APPLICATION BY LAND USE: 10
C. ASSESSMENT RANGE FORMULA 13
IV. DISTRICT BUDGET 16
A. CALCULATION OF THE MAXIMUM ASSESSMENT 16
B. DISTRICT BUDGET FOR FISCAL YEAR 2003/2004 17
APPENDIX A - DISTRICT ASSESSMENT DIAGRAM 17
APPENDIX B - 2003/2004 PROPOSED ASSESSMENT ROLL 21
Engineer's Report Fiscal Year 2003/2004
Sundance/Shepherd Lane
Landscaping and Lighting District
The estimated annual cost to provide and maintain the improvements
associated with the District have been allocated to each property in proportion
to special benefits received. The Method of Apportionment described in this
Report utilizes commonly accepted assessment engineering practices and has
been established pursuant to the 1972 Act and the provisions of Article XIIID
of the California Constitution (Proposition 218).
II. PLANS AND SPECIFICATIONS
A. Description of the District
The District consists of all lots and parcels within the residential subdivision
known as Sundance (Tract 30216) located on the west side of Shepherd Lane at
the intersection of Chinook Circle and the intersection of Kokopelli Circle.
This tract is generally enerall located west of Portola Avenue, south of the Gerald Ford
Drive, north of Frank Sinatra Dive and generallyeast of the MontereyAvenue.
Refer to the Assessment Diagram for details of the District boundary. The
proposed District includes all parcels of land that have been approved for
residential development within Tract 30216.
• Tract No. 30216 (Kokopelli Circle) — Sixteen (16) single-family residential
parcels (lots 1-16) and two landscape easements (lot F and portion of lot E)
located on the west side of Shepherd Lane at Kokopelli Circle, (Identified
on the County Assessor's Map as APN Book 653, Page 752, Parcels 017
through 034, Parcels 018 through 033 being the 16 residential lots).
• Tract No. 30216 (Chinook Circle) — Sixteen (16) single-family residential
parcels (lots 17-32) and two landscape easements (lot D and portion of lot E)
located on the west side of Shepherd Lane at Chinook Circle, (Identified on
the County Assessor's Map as APN Book 653, Page 770, Parcels 001
through 018, Parcels 002 through 017 being the 16 residential lots).
The parcels to be assessed receive special benefit from the installation and
maintenance of street lighting and parkway landscaping adjacent to the
development and perimeter landscaping associated with the development of all
properties within the Shepherd Lane area. The improvements to be funded
through District assessments have either been installed as a condition of the
development of the original undeveloped properties within the District or have
been installed as part of the overall development of properties within the area
known as Shepherd Lane. The District is being formed to ensure and preserve
the on going maintenance and operation of these improvements and it has been
determined that each parcel within the District receives similar and
proportional benefit from the collective improvements installed as part of the
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Engineer's Report Fiscal Year 2003/2004
Sundance/Shepherd Lane
Landscaping and Lighting District
property development. The specific location, description and benefits of the
improvements are discussed in the following sections.
B. District Improvements and Services
GENERAL PROVISIONS OF THE LAW
As generally defined by the 1972 Act and applicable to this District,
improvements and the associated assessments may include one or any
combination of the following:
1) The installation or planting of landscaping;
2) The installation or construction of statuary, fountains, and other
ornamental structures and facilities;
3) 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;
4) The maintenance or servicing, or both, 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:
a) Repair, removal, or replacement of all or any part of any improvements;
b) Grading, clearing, removal of debris, the installation or construction of
curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage,
or electrical facilities;
c) Providing for the life, growth, health, and beauty of landscaping,
including cultivation, irrigation, trimming, spraying, fertilizing, or
treating for disease or injury;
d) The removal of trimmings, rubbish, debris, and other solid waste;
e) The cleaning, sandblasting, and painting of walls and other
improvements to remove or cover graffiti;
f) Electric current or energy, gas, or other agent for the lighting or
operation of any other improvements; and,
g) Water for the irrigation of any landscaping, the operation of any
fountains, or the maintenance of any other improvements.
5) Incidental expenses associated with the improvements including, but not
limited to:
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Engineer's Report Fiscal Year 2003/2004
Sundance/Shepherd Lane
Landscaping and Lighting District
a) The cost of preparation of the report, including plans, specifications,
estimates, diagram, and assessment;
b) The costs of printing, advertising, and the publishing, posting and
mailing of notices;
c) Compensation payable to the County for collection of assessments;
d) Compensation of any engineer or attorney employed to render services;
e) Any other expenses incidental to the construction, installation, or
maintenance and servicing of the improvements; and,
f) Costs associated with any elections held for the approval of a new or
increased assessment.
LOCATION AND EXTENT OF IMPROVEMENTS
The purpose of the District is to ensure the ongoing maintenance, operation
and servicing of local landscape and street lighting improvements installed as a
result of property development in the Shepherd Lane area. These improvements
may include, but are not limited to all streetlight facilities as well as landscaping
material and facilities associated with properties in the District including
ground cover, shrubs, trees and plants; irrigation and drainage systems;
ornamental lighting structures, masonry walls or other fencing, entryway
monument, and associated appurtenant facilities located within the:
• Parkway landscaping along Shepherd Lane adjacent to the residential
subdivision. Specifically for this District, this landscaped areas includes the
parkway area on the west side of Shepherd Lane which extends the length
of Tract 30216;
• Perimeter/parkway landscaping on the west side of Portola Avenue
between Frank Sinatra Dive and Gerald Ford Drive, as well as landscaping
on the north side of Frank Sinatra Drive and the south side of Gerald Ford
Drive on either side of Shepherd Lane. Although these perimeter/parkway-
landscaping areas may not have been installed directly as a condition of this
residential subdivision, this landscaping is an integral part of the overall
development of properties within the Shepherd Lane area and directly
benefits all property development within the area. Therefore, each
residential subdivision is assessed a proportional share of the costs associated
with these landscaped areas;
• Streetlights within the residential subdivision and/or adjacent to the
subdivision on both the east and west sides of Shepherd Lane and the west
side of Portola Avenue installed as part of the residential subdivision; and,
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Engineer's Report Fiscal Year 2003/2004
Sundance/Shepherd Lane
Landscaping and Lighting District
• Any extension or expansion of the proposed landscaped areas within or
adjacent to the subdivision that may be installed as part of the development
of properties within the District and will be maintained by the District.
These improvements may include, but are not limited to open space areas,
monuments or other landscaped easements.
III. METHOD OF APPORTIONMENT
Pursuant to the 1972 Act the costs (assessments) of the District are apportioned by a
formula or method that fairly distributes the net amount to be assessed among all
parcels in proportion to benefits received from the improvements. Furthermore, the
provisions of Article XIIID of the California Constitution (Proposition 218) require
the agency to separate the general benefit from special benefit, whereas only special
benefits may be assessed.
A. Improvement Benefit Findings
The annual assessments outlined in the Budget section of this Report are
proposed to cover the estimated costs to provide the necessary services,
operation, administration, and maintenance required each year to maintain
street lighting facilities associated with the District and keep the landscaping
improvements in a healthy, vigorous, and satisfactory condition. It has been
determined that each assessable parcel within the District receives similar and
proportional special benefits from the improvements. The fact that
improvements are part of the specific property development plans and
requirements for development of properties within the District, and each
parcel's close and relatively similar proximity to the improvements makes each
parcel's special benefit from the improvements similar and proportionate. All
the lots and parcels that receive special benefit from the improvements are
included within the District.
GENERAL BENEFITS
The improvements to be provided and maintained by the District are a direct
result of property development within the District and the Shepherd Lane area
and would otherwise not be required or necessary. Developers typically install
local improvements or develop in areas where landscape improvements exist to
enhance the marketability and value of properties within their development
and/or as conditions of development. In any case, local landscape and lighting
improvements associated with the development clearly benefit the properties
being developed. If new improvements are installed as part of the development,
they are installed either to enhance the property being developed or as a
condition of development and not for the benefit of surrounding properties
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Engineer's Report Fiscal Year 2003/2004
Sundance/Shepherd Lane
Landscaping and Lighting District
outside the District. Although local development improvements (by virtue of
their location) may be visible to surrounding properties, any benefit to
surrounding properties is generally incidental and cannot be considered a direct
and special benefit. Furthermore, most developments within the City typically
have various landscaping and lighting improvements specifically associated with
their development and these improvements are funded by properties within
those developments. Therefore, it has been determined that the improvements
associated with this District and the ongoing operation and maintenance of
those improvements provide no identifiable or measurable general benefit to
properties outside the Shepherd Lane area or to the public at large.
SPECIAL BENEFITS
All the improvements funded through the District provide a special aesthetic
appeal to each property and enhance the quality of life for property owners
within the District as well as the marketability of those properties. All
landscaping and lighting improvements associated with the District are part of
the overall development plan for properties within the District/Shepherd Lane
area and specifically installed for the benefit and development of those
properties.
The special benefits associated with parkway, perimeter, entryway, and other
property-specific landscaped areas and associated amenities are specifically:
1. Enhanced desirability of properties through association with the
improvements.
2. Improved aesthetic appeal of properties within the District providing a
positive representation of the development and properties within the
development.
3. Enhanced adaptation of the urban environment within the natural
environment from adequate green space and landscaping.
4. Environmental enhancement through improved erosion resistance, dust
and debris control and reduced noise and air pollution.
5. Increased sense of pride in ownership of property within the District
resulting from well-maintained improvements associated with the
properties.
6. Reduced vandalism and criminal activity resulting from well-maintained
surroundings and amenities.
7. The special enhancements of the perceived value of property that results
from the above benefits.
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Engineer's Report Fiscal Year 2003/2004
Sundance/Shepherd Lane
Landscaping and Lighting District
The special benefits of street lighting are the convenience, safety, and security of
property, improvements, and goods. Specifically:
1. Enhanced deterrence of crime and the aid to police protection.
2. Increased nighttime safety on streets through enhanced visibility.
3. Improved sense of security and safety for pedestrians, motorists and
property owners.
4. Improved ingress and egress to property.
5. Reduced vandalism, other criminal acts and damage to improvements or
property.
6. Reduced personal property loss.
7. The special enhancements of the perceived value of property that results
from the above benefits
B. Description of the Method of Apportionment
The assessments outlined in this section represent the proportionate special
benefit to each property within the District and the basis of calculating each
parcel's proportionate share of the annual costs associated with the District
improvements. The costs associated with the maintenance and operation of all
District improvements shall be collected through annual assessments from each
parcel receiving special benefit. The funds collected shall be dispersed and used
for only the services and operation provided to the District. The method of
apportionment for the District calculates the receipt of special benefit from the
respective improvements based on the actual or proposed land use of the parcels
within the District. The special benefit received by each lot or parcel is equated
to the overall land use of the parcel based on the parcel's actual land use or
proposed planned development, and is reliant upon the special benefit received
from the improvements planned within the District.
To identify and determine the special benefit to be received by each parcel and
their proportionate share of the improvements it is necessary to consider the
entire scope of the planned improvements within the Shepherd Lane area as
well as individual property development within the District. Upon review of
the proposed improvements it has been determined that each parcel within the
proposed District benefits from the landscaping and lighting improvements
installed as a condition of property development as well as perimeter
landscaping associated with the Shepherd Lane development area. Based on
these improvements and the planned property development within the
proposed District, a maximum assessment can be established.
MuniFinancial Page 9
Engineer's Report Fiscal Year 2003/2004
Sundance/Shepherd Lane
Landscaping and Lighting District
All costs associated with the improvements shall be fairly distributed among the
parcels based upon the special benefit received by each parcel. Additionally, in
compliance with Article XIIID, Section 4, of the State Constitution each
parcel's assessment may not exceed the reasonable cost of the proportional
special benefit conferred to that parcel. The benefit formula used to determine
the assessment obligation is therefore based upon both the improvements that
benefit the parcels within the District as well as the proposed land use of each
property as compared to other parcels that benefit from those specific
improvements.
EQUIVALENT BENEFIT UNITS:
The Equivalent Benefit Unit (EBU) method of apportioning benefit is typically
seen as the most appropriate and equitable assessment methodology for districts
formed under the 1972 Act, as the benefit to each parcel from the
improvements are apportioned as a function of land use type and development
or development potential.
To assess benefits equitably, it is necessary to relate the different type of
properties within the District to the improvements and to each other. The
Equivalent Benefit Unit method of assessment apportionment utilizes the
single-family home site as the basic unit of assessment. A single-family home
site equals one Equivalent Benefit Unit (EBU). Every other land use within the
District is converted to EBU's based on an assessment formula that equates the
property's specific development status, type of development (land use), and size
or development plans for the property, as compared to a single-family home
site.
Although this particular District (Sundance subdivision) will be comprised of
only subdivided residential lots, it is anticipated that this subdivision will
eventually be one of several subdivisions and developments that will be
included in Zone 16 (Shepherd Lane) of the Palm Desert Consolidated District.
Therefore, the following provides an overview of the EBU's applied to various
other land use classifications within the Consolidated District.
EBU APPLICATION BY LAND USE:
Single Family Residential — This land use is defined as a fully subdivided
residential home site with or without a structure. This land use is assessed 1.00
EBU per lot or parcel. This is the base value that all other land use types are
compared and weighted against (i.e. Equivalent Benefit Unit).
MuniFinancial Page 10
Engineer's Report Fiscal Year 2003/2004
Sundance/Shepherd Lane
Landscaping and Lighting District
Multifamily Residential — This land use is defined as a fully subdivided
residential parcel that has more than one residential unit developed on the
property. Engineering studies have consistently shown that apartment and
other multiple-family dwelling units generate lower traffic volumes, water
consumption, and typically impact public infrastructure between 60 to 80
percent as much as a single-family residence largely due to lower occupancy of
apartment dwelling units versus single family residential units. Therefore,
assessments for the multiple residential units shall be prorated with a value of
0.70 EBU per unit.
Condominiums — This land use includes residential developments designated
as condominiums by the City and may include one to four residential units per
parcel. Engineering studies have shown that on average, condominiums
generate lower traffic volumes, water consumption, and typically impact public
infrastructure less than a detached single-family residence, but more than
apartments or other multifamily dwelling units. Therefore, assessments for
condominiums shall be prorated with a value of 0.80 EBU per unit.
Approved-Residential Development — This land use is defined as any
property not fully subdivided, but for which a Final Tract Map has been
approved with a specific number of residential lots to be developed on the
parcel. This land use type is assessed at 1.00 EBU per planned residential lot. (If
the parcel is actually subdivided at the time annual assessments are submitted to
the County for Collection, the resulting parcels shall be assessed based on their
resulting development status change).
Proposed-Residential Development — This land use is defined as any
property not fully subdivided and for which a Tentative Tract Map has been
submitted or approved with a specific number of proposed residential lots, but
a Final Tract Map has not been approved. This land use type is assessed at 0.75
EBU per proposed residential lot. (If the parcel is actually subdivided or a Final
Tract Map is approved prior to the annual assessments being submitted to the
County for Collection, the resulting land use change or new parcels shall be
assessed based on their resulting development status change).
Vacant Undeveloped Property — This land use is defined as any property
identified as vacant land that is currently undeveloped with no specific
development plans, but may be developed or subdivided in the future (No tract
map or development plan has been submitted and/or approved). This land use
is assessed at 1.00 EBU per parcel.
MuniFinancial Page 11
Engineer's Report Fiscal Year 2003/2004
Sundance/Shepherd Lane
Landscaping and Lighting District
Developed Non-Residential — This land use is defined as property that is
developed, but not as residential property as defined by the previous land use
designations. The average residential density within the City is approximately
six (6) residential units per acre. Therefore, the proportionate benefit assigned
to Developed Non-Residential properties shall be 6.00 EBU per gross acre.
Parcels designated as Developed Non-Residential are assigned a minimum of
1.00 EBU.
Exempt Parcels — This land use identifies properties that are not assessed
within the District. This land use classification may include but is not limited
to lots or parcels that will not be developed such as sliver parcels, dedicated
easements, open space areas, dedicated landscaped areas or common areas.
Similarly, properties not designated by a County Assessor's Parcel Number
(APN) such as streets, utility easements or rights-of-way receive no special
benefit and are considered Exempt. These Exempt properties are not assessed
for District improvements. If the County designates an Exempt property by an
APN, that parcel shall be assigned 0.00 EBU. Properties that are identified as
non-taxable by the County Assessor's Office such as government owned or
utility owned properties are not exempt from District assessments unless: the
property has limited or restricted development potential; the property clearly
receives no benefit from the improvements; or the property provides additional
or substantially similar improvements (such is the case with public schools,
parks and open space areas).
The following table provides a listing by land use type, the Equivalent Benefit
Unit factor applied to that land use type and the multiplying factor used to
calculate each parcel's individual EBU as outlined in the preceding description.
Land Use Designations and Equivalent Benefit Units
Equivalent
Property Type Multiplier
Benefit Unit
Single Family Residential 1.000 Unit/Lot/Parcel
Multifamily Residential 0.700 Unit
Condominiums 0.800 Unit
Approved-Residential Development 1.000 Unit/Lots
Proposed-Residential Development 0.750 Unit/Lots
Vacant Undeveloped Property 1.000 Parcel
Developed Non-Residential 6.000 Acreage
Exempt 0.000 Parcel
MuniFinancial Page 12
Engineer's Report Fiscal Year 2003/2004
Sundance/Shepherd Lane
Landscaping and Lighting District
The benefit formula applied to various parcels is based on the preceding Equivalent
Benefit Unit (EBU) discussion and table. Each parcel's EBU correlates the parcel's
special benefit received as compared to all other parcels benefiting from the
improvements.
The following formula is used to calculate each parcel's EBU (proportional benefit).
Parcel Type EBU x Acres/Lots/Units = Parcel EBU
The total number of Equivalent Benefit Units (EBU's) is the sum of all individual
EBU's applied to parcels that receive a special benefit the improvement. An
assessment amount per EBU (Rate) for the District improvements is established
annually by taking the total cost of the improvement and dividing that amount by
the total number of EBU's of all benefiting parcels. This Rate is then applied back
to each parcel's individual EBU to determine the parcel's proportionate benefit and
assessment obligation.
Total Balance to Levy / Total EBU = Levy per EBU
Levy per EBU x Parcel EBU = Parcel Levy Amount
C. Assessment Range Formula
Any new or increase in assessments require certain noticing and meeting
requirements by law. Prior to the passage of Proposition 218, legislative changes
in the Brown Act defined the definition of "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." This definition and conditions were later confirmed through SB919
(Proposition 218 implementing legislation).
The purpose of establishing an assessment range formula is to provide for
reasonable increases and inflationary adjustments to annual assessments without
requiring costly noticing and mailing procedures, which could add to the
District costs and assessments. As part of the District formation, balloting of
property owners is required, pursuant to Proposition 218. The ballots presented
to the property owners in connection with this Report includes an Assessment
Rate to be approved, as well as the approval of an assessment range formula.
The assessment range formula shall be applied to all future assessments within
the District. Generally, if the proposed annual assessment (levy per unit or rate)
for the current fiscal year is less than or equal to the "Maximum Assessment"
MuniFinancial Page 13
Engineer's Report Fiscal Year 2003/2004
Sundance/Shepherd Lane
Landscaping and Lighting District
(or "Adjusted Maximum Assessment"), then the proposed annual assessment is
not considered an increased assessment. The Maximum Assessment is equal to
the initial Assessment approved by property owners adjusted annually by the
following criteria:
1. Beginning in the second fiscal year, (fiscal year 2004/2005) and each fiscal
year thereafter, the Maximum Assessment will be recalculated annually;
and,
2. The new adjusted Maximum Assessment for the year represents the prior
year's Maximum Assessment adjusted by the lesser of:
(a) Three percent (3.0%); or,
(b) The annual increase in the Consumer Price Index (CPI).
Each year the City shall compute the annual increase in the CPI. The increase
in CPI is the percentage difference between the CPI on January 1 of the current
year and the CPI for the previous January 1 (or for a similar period of time) as
provided and established by the Bureau of Labor Statistics. This percentage
difference (annual difference) shall then establish the allowed increase based on
CPI. The Consumer Price Index used shall be based on the CPI established by
the Bureau of Labor Statistics for all urban consumers for the Los Angeles,
Anaheim, and Riverside areas. 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.
If CPI is greater than three percent (3.0%), then the allowable adjustment to the
Maximum Assessment is three percent. If CPI is less than three percent (3.0%),
than the allowable adjustment to the Maximum Assessment is based on CPI.
The Maximum Assessment is adjusted annually and is calculated independent of
the District's annual budget and proposed annual assessment. Any proposed
annual assessment (rate per levy unit) less than or equal to this Maximum
Assessment is not considered an increased assessment, even if the proposed
assessment is significantly greater than the assessment applied in the prior fiscal
year. The Maximum Assessment will be recalculated and adjusted annually.
However, the City Council may reduce or freeze the Maximum Assessment at
any time by amending the Engineer's Annual Report.
Although the Maximum Assessment will normally increase each year, the
actual District assessments may fluctuate or remain virtually unchanged. The
Maximum Assessment adjustment is designed to establish a reasonable limit on
MuniFinancial Page 14
Engineer's Report Fiscal Year 2003/2004
Sundance/Shepherd Lane
Landscaping and Lighting District
District assessments. The Maximum Assessment calculated each year does not
require or facilitate an increase to the annual assessment and neither does it
restrict assessments to the adjustment maximum amount. If the budget and
assessments for the fiscal year does not require an increase, or the increase is less
than the adjusted Maximum Assessment, then the required budget and
assessment may be applied without additional property owner balloting. If the
budget and assessments calculated requires an increase greater than the adjusted
Maximum Assessment then the assessment is considered an increased
assessment. To impose an increased assessment the City Council must comply
with the provisions of Proposition 218 (Article XHID Section 4c of the
California Constitution), which 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 assessment increase. If the new proposed assessment is approved,
then a new Maximum Assessment is established for the District. If the proposed
assessment is not approved, the City Council may not levy an assessment
greater than the adjusted Maximum Assessment previously established for the
District.
MuniFinancial Page 15
Engineer's Report Fiscal Year 2003/2004
Sundance/Shepherd Lane
Landscaping and Lighting District
IV. DISTRICT BUDGET
A. Calculation of the Maximum Assessment
The Maximum Assessment Rate per EBU presented to the property owners for
approval is based on the estimated expenses and benefit units planned for the
District (Sundance) at build out. The following budget reflects these
Proposed General Special
Budget Benefit Benefit
DIRECT COSTS
Maintenance Costs $6,631 $0 $6,631
Landscape Utilities 1,857 0 1,857
Landscape Extras(Repairs/Materials/Equipment) 1,194 0 1,194
Tree Pruning 884 0 884
Street Lighting 300 0 300
Special District Services 0 0 0
Miscellaneous Maintenance 0 0 0
Direct Costs(Subtotal) $10,865 $0 $10,865
ADMINISTRATION COSTS
District Administration 1,534 0 1,534
County Administration Fees 31 0 31
Miscellaneous Administration 0 0 0
Administration Costs(Subtotal) $1,566 $0 $1,566
LEVY BREAKDOWN
Total Direct and Admin.Costs 12,431 0 12,431
Reserve Fund Collection/Transfer 1,243 0 1,243
CIP Collection/Transfers 0 0 0
Reimbursable Contributions/Replenishments 0 0 0
Other Revenue Sources/Contributions 0 0 0
Balance to Levy $13,674 $0 $13,674
DISTRICT STATISTICS
Total Parcels 32
Total Parcels Levied 32
Total Equivalent Benefit Units 32.00
Levy per EBU $427.32
GENERAL INFORMATION
Reserve Fund Account
Beginning Reserve Fund Balance 0 0 0
Reserve Collection/Transfers 1,243 0 1,243
Anticipated Reserve Balance $1,243 $0 $1,243
Adjusted Maximum Levy per EBU $427.32
assumptions:
MuniFinancial Page 16
Engineer's Report Fiscal Year 2003/2004
Sundance/Shepherd Lane
Landscaping and Lighting District
B. District Budget For Fiscal Year 2003/2004
Upon the successful formation of the proposed Sundance/Shepherd Lane
Landscaping and Lighting District, the District and parcels therein will be
concurrently annexed into the Palm Desert Consolidated District as part of
Zone 16 (Shepherd Lane) for fiscal year 2003/2004. The actual budget and
assessment rate to be applied for fiscal year 2003/2004 (first levy of assessments)
will be reviewed and adopted by the City Council as part of the annual levy
process for the Consolidated District for fiscal year 2003/2004. Although it is
anticipated that the proposed expenses (budget) and proposed assessment rate
per Equivalent Benefit Unit (EBU) outlined in the preceding table (Calculation
of the Maximum Assessment) will be applied for fiscal year 2003/2004, the
assessment rate approved and adopted by the City Council may be less than the
maximum rate outlined in this report.
APPENDIX A - DISTRICT ASSESSMENT DIAGRAM
The District consists of all lots and parcels within the Sundance subdivision Tract
30216 located along Shepherd Lane, west of Portola Avenue, south of the Gerald Ford
Drive, north of Frank Sinatra Dive, and generally east of the Monterey Avenue. The
current tract map and Assessor's Parcel Maps shown on the following pages identify
the parcels within the Sundance/Shepherd Lane Landscaping and Lighting District, as
they existed on the County Assessor's Roll when this Report was prepared and the
Resolution of Intention was adopted. The District is inclusive of portions of Assessor's
Parcel Map — Book 653, Page 752, Parcels 017 through 034 and Book 653, Page 770,
Parcels 001 through 018. The parcels identified on the Assessor's Parcel Map and the
Tract Map contained herein define the boundaries and constitute the Assessment
Diagram for the District and by reference includes all subsequent parcels and Assessor's
Parcel Maps and parcel numbers related thereto.
MuniFinancial Page 17
ASSESSMENT DIAGRAM OF
SUNDANCE/SHEPHERD LANE LANDSCAPING AND LIGHTING DISTRICT
(ZONE 16 OF THE PALM DESERT CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT)
ASSESSOR'S PARCEL MAP 653-75
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MuniFinancial Page 18
ASSESSMENT DIAGRAM OF
SUNDANCE/SHEPHERD LANE LANDSCAPING AND LIGHTING DISTRICT
(ZONE 16 OF THE PALM DESERT CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT)
ASSESSOR'S PARCEL MAP 653-77
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MuniFinancial Page 19
ASSESSMENT DIAGRAM OF
SUNDANCE/SHEPHERD LANE LANDSCAPING AND LIGHTING DISTRICT
(ZONE 16 OF THE PALM DESERT CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT)
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MuniFinancial Page 20
Engineer's Report Fiscal Year 2003/2004
Sundance/Shepherd Lane
Landscaping and Lighting District
APPENDIX B - 2003/2004 PROPOSED ASSESSMENT ROLL
Parcel identification for each lot or parcel within the District, shall be the parcel as
shown on the Riverside County Secured Roll for the year in which this Report is
prepared and reflective of the Assessor's Parcel Map(s). As of the resolution of
Intention, the Sundance/Shepherd Lane Landscaping and Lighting District is inclusive
of Assessor's Parcel Numbers (APN's) identified on the Assessor's Parcel Maps -
Book 653, Page 752, Parcels 017 through 034 and Book 653, Page 770, Parcels 001
through 018.
A listing of parcels assessed within this District identifying the proposed Maximum
Assessment Amount for the first fiscal year is included in the following listing.
Proposed Maximum
EBU at Levy
APN Land Use Tract Lot Build Out Balloted
653-752-017 Exempt Parcel(Easement) TR# 30216 F 0.00 $0.00
653-752-018 Single Family Residential TR# 30216 1 1.00 $427.32
653-752-019 Single Family Residential TR# 30216 2 1.00 $427.32
653-752-020 Single Family Residential TR# 30216 3 1.00 $427.32
653-752-021 Single Family Residential TR# 30216 4 1.00 $427.32
653-752-022 Single Family Residential TR# 30216 5 1.00 $427.32
653-752-023 Single Family Residential TR# 30216 6 1.00 $427.32
653-752-024 Single Family Residential TR# 30216 7 1.00 $427.32
653-752-025 Single Family Residential TR# 30216 8 1.00 $427.32
653-752-026 Single Family Residential TR# 30216 9 1.00 $427.32
653-752-027 Single Family Residential TR# 30216 10 1.00 $427.32
653-752-028 Single Family Residential TR# 30216 11 1.00 $427.32
653-752-029 Single Family Residential TR# 30216 12 1.00 $427.32
653-752-030 Single Family Residential TR# 30216 13 1.00 $427.32
653-752-031 Single Family Residential TR# 30216 14 1.00 $427.32
653-752-032 Single Family Residential TR# 30216 15 1.00 $427.32
653-752-033 Single Family Residential TR# 30216 16 1.00 $427.32
653-752-034 Exempt Parcel(Easement) TR# 30216 E 0.00 $0.00
MuniFinancial Page 21
I
Engineer's Report Fiscal Year 2003/2004
Sundance/Shepherd Lane
Landscaping and Lighting District
Proposed Maximum
EBU at Levy
APN Land Use Tract Lot Build Out Balloted
653-770-001 Exempt Parcel(Easement) TR# 30216 E 0.00 $0.00
653-770-002 Single Family Residential TR# 30216 17 1.00 $427.32
653-770-003 Single Family Residential TR# 30216 18 1.00 $427.32
653-770-004 Single Family Residential TR# 30216 19 1.00 $427.32
653-770-005 Single Family Residential TR# 30216 20 1.00 $427.32
653-770-006 Single Family Residential TR# 30216 21 1.00 $427.32
653-770-007 Single Family Residential TR# 30216 22 1.00 $427.32
653-770-008 Single Family Residential TR# 30216 23 1.00 $427.32
653-770-009 Single Family Residential TR# 30216 24 1.00 $427.32
653-770-010 Single Family Residential TR# 30216 25 1.00 $427.32
653-770-011 Single Family Residential TR# 30216 26 1.00 $427.32
653-770-012 Single Family Residential TR# 30216 27 1.00 $427.32
653-770-013 Single Family Residential TR# 30216 28 1.00 $427.32
653-770-014 Single Family Residential TR# 30216 29 1.00 $427.32
653-770-015 Single Family Residential TR# 30216 30 1.00 $427.32
653-770-016 Single Family Residential TR# 30216 31 1.00 $427.32
653-770-017 Single Family Residential TR# 30216 32 1.00 $427.32
653-770-018 Exempt Parcel(Easement) TR# 30216 D 0.00 $0.00
32.00 $13,674.24
MuniFinancial Page 22
RESOLUTION: 02-131
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA ORDERING THE FORMATION OF THE
SUNDANCE/SHEPHERD LANE LANDSCAPING AND LIGHTING DISTRICT;
THE CONCURRENT ANNEXATION OF SAID DISTRICT AND TERRITORY
INTO THE PALM DESERT CONSOLIDATED LANDSCAPING AND LIGHTING
DISTRICT; AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS
RELATED THERETO COMMENCING WITH FISCAL YEAR 2003/2004
WHEREAS, the City Council, desires to form the "Sundance/Shepherd Lane
Landscaping and Lighting District" (hereafter referred to as the "District") located along
Shepherd Lane, west of Portola Avenue, south of Gerald Ford Drive, north of Frank Sinatra
Drive and generally east of Monterey Avenue; and to concurrently annex said District and
territory into the "Palm Desert Consolidated Landscaping and Lighting District", Zone 16 —
Shepherd Lane/ Sundance (hereafter referred to as either the "Consolidated District" or
"Zone"), and to levy and collect annual assessments against parcels of land within said territory
commencing with fiscal year 2003/2004 to pay the costs and expenses of operating, maintaining
and servicing the improvements and appurtenant facilities related thereto, pursuant to 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"); and,
WHEREAS, the City Council did by previous resolutions initiate proceedings and
declare its intention to form the District; concurrently annex said District and territory into the
Consolidated District; and to levy and collect annual assessments for the purpose of operating,
maintaining and servicing the improvements related thereto, pursuant to the Act; and,
WHEREAS, the Engineer selected by the City Council has prepared and filed with the
City Clerk, and the City Clerk has presented to the City Council an Engineer's Report that
describes the District, the formation, annexation, and assessments against parcels of land
within the District for the Fiscal Year commencing July 1, 2003, and ending June 30, 2004,
pursuant to the provisions of the Act; and,
WHEREAS, the City Council has caused notices and property owner assessment
ballots to be mailed to all property owners of affected properties pursuant to the Act and in
accordance with the provisions of California Constitution Article XIIID (Proposition 218); and
WHEREAS, the City Council following notice duly given, has held a full and fair
Public Hearing on October 10, 2002, regarding the formation of the District, the annexation
of said District into the Consolidated 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 relating to the District, assessments and assessment range
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RESOLUTION: 02-131
formula described in the Engineer's Report related thereto in accordance with the provisions of
the California Constitution Article XIIID.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY
THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:
Section 1: The preceding recitals are true and correct.
Section 2: The City Council upon the conclusion of the noticed Public Hearing has
tabulated the property owner protest ballots returned and received, weighted
according to the proportional financial obligation of each affected property
("Weighted Assessment Ballots"). Based on this tabulation, the City Council
finds the record owners of property within the District, or others authorized to
submit assessment ballots, have approved the proposed assessment, the assessment
range formula connected therewith, and the levy and collection of assessments as
described in the Engineer's Report.
Section 3: Furthermore, the City Council finds that written majority protest does not exist,
pursuant to the provisions of Chapter 2,Article 1, Sections 22593 and 22594 of the
Act.
Section 4: The City Council desires to levy and collect assessments against parcels of land
within the District or Consolidated District Zone for the fiscal year commencing
July 1, 2003 and ending June 30, 2004, to pay the costs and expenses of operating,
maintaining and servicing the landscaping, lighting and appurtenant facilities for
the District.
Section 5: The City Council has carefully reviewed and examined the Engineer's Report in
connection with the District, and the levy and collection of assessments. Based
upon its review (and amendments, as applicable) of the Engineer's Report, a copy
of which has been filed with the City Clerk, the City Council hereby finds and
determines that:
a. The territory of land within District and subsequent Zone within
the Consolidated District will receive special benefits from the
operation, maintenance and servicing of the landscaping, lighting and
appurtenant facilities and improvements related thereto; and,
b. The District and subsequent Zone within the Consolidated
District includes all of the lands so benefited; and,
c. The net amount to be assessed upon the lands within the District
and subsequent Zone of the Consolidated District has been
apportioned in accordance with the proposed budget establishing the
initial Maximum Assessment commencing fiscal year 2003/2004 by a
formula and method which fairly distributes the net amount among
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RESOLUTION: 02-J 31
all eligible parcels in proportion to the special benefits to be received
by each parcel from the improvements and services and that the
assessments are levied without regard to property valuation.
Section 6: The Engineer's Report, assessments and assessment range formula as presented to
the City Council and on file in the office of the City Clerk are hereby confirmed
as filed.
Section 7: The City Council hereby orders the formation of the District and the annexation
of said District and territory into the Consolidated District commencing with
fiscal year 2003/2004.
Section 8: The City Council hereby orders the proposed improvements to be made, which
improvements are briefly described as the operation, administration, maintenance
and servicing of all improvements and appurtenant facilities and expenses
associated with the District that are installed as part of the development of
properties within District and will be provided by the City of Palm Desert
through annual assessments namely:
• Parkway landscaping on Shepherd Lane adjacent to the residential
development installed as part of the development of properties therein;
• Perimeter landscaping for the Shepherd Lane residential developments.
Tract 30216 is one of several residential subdivisions within the area known
as Shepherd Lane, that includes parkway/perimeter landscaping on the west
side of Portola Avenue between Frank Sinatra Dive and Gerald Ford Drive,
as well as landscaping on the north side of Frank Sinatra Drive and the
south side of Gerald Ford Drive on either side of Shepherd Lane. These
improvements benefit all property development within the Shepherd Lane
area and each residential subdivision is assessed a proportional share of the
costs associated with these landscaped areas;
• Any entryways, open space areas or other landscaped areas associated with
the development of properties within the District that will be maintained
by the District;
• Street lights within and adjacent to the residential subdivision.
Section 9: The maintenance, operation and servicing of the landscaping and lighting
improvements and appurtenant facilities shall be performed pursuant to the "Act"
and the County Auditor of Riverside shall enter on the County Assessment Roll
opposite each parcel of land the amount of levy approved each fiscal year, 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.
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RESOLUTION: 02-131
Section 10: The City Treasurer shall deposit all money representing assessments collected by
the County for the District to the credit of a fund for the "Shepherd Lane
Landscaping and Lighting District", and such money shall be expended only for
the maintenance, operation and servicing of the landscaping and lighting
improvements and appurtenant facilities as described in Section 8.
Section 11: The adoption of this Resolution constitutes the formation of the District and
establishes the initial Maximum Assessment for fiscal year 2003/2004. However,
the assessments so approved, may be reduced by the City Council during the
annual Public Hearing for the Consolidated District, at which time all annual
landscaping and lighting district assessments for the 2003/2004 fiscal year will be
reviewed and approved by the City Council.
PASSED, APPROVED, AND ADOPTED this 24th day of October 2002.
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss.
CITY OF PALM DESERT
I, Rachelle D. Klassen , City Clerk of the City of Palm Desert, County
of Riverside, State of California do hereby certify that the foregoing Resolution No. 02-131
was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of
said council held on the 24th day of October , 2002 by the following vote:
AYES: BENSON, CRITES, FERGUSON, SPIEGEL, KELLY
NOES: NONE
ABSENT: NONE
ABSTAINED: NONE
Mayor, Richard S. Kelly
City of Palm Desert
City Clerk, Rachelle D. Klassen
City of Palm Desert
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