HomeMy WebLinkAboutRes 99-2 thru 99-4 Formation of Canyon Crest Landscape and Lighting 01-14-1999 . a
MEMO� I N TER
iir .P4'93yts OFFICE
TO: Honorable Mayor and City Council
FROM: Richard J. Folkers,ACM/Director of Public Works
SUBJECT: FORMATION OF CANYON CREST LANDSCAPE & LIGHTING
DISTRICT
DATE: January 14, 1999
RECOMMENDATION:
Waive further reading and adopt:
1. Resolution No. 99-2 initiating proceedings for the formaiton of the
Canyon Crest 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 1999-2000.
2. Resolution No. 99-3 for preliminary approval of the engineer's report
regarding the formation of the Canyon Crest 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 commencing with Fiscal Year 1999-2000.
3. Resolution No. 99-4 declaring the intention to form the Canyon Crest
Landscape and Lighting District; and concurrently annex said district and territory
into the Palm Desert Consolidated Landscaping and Lighting district; and to levy
and collect annual assessments related thereto commencing with Fiscal Year
1999-2000; and calling a property owner protest proceeding to submit to the
qualified property owners the question of levying such assessments and
establishing an assessment range formula for said district.
BACKGROUND:
The developer of the Canyon Crest subdivision was required to form the necessary landscaping
and lighting assessment district. The formation report, diagrams, resolutions and related work
was accomplished by MBIA MuniFinancial who administers the City's consolidated district.
• I/
FORMATION OF CANYON CREST LANDSCAPE&LIGHTING DISTRICT
Page 2
January 14, 1999
The attached resolutions initiate the formal process to establish the district and allow the property
owner(s)to vote on the formation. Presently,the developer is the sole owner of all property and
will vote on the formation. To meet all legal requirements the following meetings are
established by resolution:
Public Meeting - February 25, 1999
Public Hearing - March 11, 1999
The second phase tract map, of the subdivision, is anticipated to be recorded before all
proceedings are finalized. This change will be incorporated into the final report and increase the
number of assessable parcels from 22 to 67,reducing the preliminary annual assessment from
$380.00 to $125.00 per parcel.
Public Works staff recommends the City Council adopt the resolutions to initiate the district
formation.
ObIN-
RI HARD 1F'OLKERS, P.E. REVIEWED AND CONCUR
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City of Palm Desert
Canyon Crest Landscaping and Lighting District Formation
FY1999-00
Project Timeline
Target Date Project Tasks
12/22/98 City provides Muni with Final Budget Numbers or Confirms previous Budget
12/28/98 Muni Completes Modifications to Engineer's Report (Incorporating City's Comments)
12/29/98 Muni delivers:Preliminary Engineer's Report;Resolutions for the Intent Meeting;and drafts of the
Notice and Ballot to City Staff
1/7/99 City provides Muni with any revisions the City wants to make to the Notices and Ballots to be
mailed to property owners
boo 1/14/99 Intent Meeting-Council adopts three(3)Resolutions:Initiating Proceedings;Preliminary
Approval of the Engineer's Report (Reviews and preliminarily approves the report and the
proposed assessments);Resolution of Intent (Setting the Public Hearing dates and to conduct
property owner balloting for proposed assessments subject to Prop 218 proceedings
1/14/99 City Staff signs off on Notice,Ballot and Mailing costs
1/11/99 Muni implements all changes to the Notice and Ballots(requested by the City) and begins printing
of the Notices and Ballots
1/25/99 Muni Mails Notice with ballot(45 Days Prior to Public Hearing)
2/25/99 Public Meeting-Council allows the property owners to hear and be heard.No Council action is
taken at this time.
3/4/99 Muni delivers:Final Engineer's Report(with modified assessment diagrams if necessary);and
Resolutions to be adopted at the Public Hearing
3/11/99 Public Hearing-Ballots are tabulated and the Council adopts Final Resolutions: 1.)A Resolution
Declaring the Results of the Protest Balloting Proceedings;2.)A Resolution Approving the
Engineer's Report (As Submitted or Amended); 3.)A Resolution Ordering the Formation of the
District and the Establishment of the Maximum Assessment; 4.)A Resolution Ordering the Levy
and Collection of Assessments (This fourth Resolution may be adopted at this time or at a later
Public Hearing if the Budget for Fiscal Year 1999-2000 is expected to change)
6/10/99 City Publishes and Posts the Notice of Public Hearing
6/24/99 Optional Public Hearing-If the Resolution Ordering the Levy and Collection of Assessments was
postponed,the Council would hold an additional Public Hearing at which they would adopt two
Resolutions: 1.)A Resolution Approving an Amended Engineer's Report; 2.)A Resolution
Ordering the Levy and Collection of Assessments for Fiscal Year 1999-2000
7/20/99 City Clerk provides Muni with a "wet copy" of the adopted Resolution Ordering the Levy and
Collection of Assessments—to be file with the County when the assessment roll is submitted
7/27/99 Muni updates levy database with most recent secured roll information and modifications to the
assessments approved at the Public Hearing
8/10/99 Muni Submits Levy to County
8/24/99 Muni Researches and Updates Levy Exceptions
8/31/99 Muni Submits Exceptions to County
9/28/99 Muni reviews and confirms all applied levy data
10/12/99 Muni provides the City with an Applied Lew Summary
The City Council meets each Month on the
Second and Fourth
Thursday
TIMELINE-2 CANYON CREST.XLS
CITY OF PALM DESERT
ENGINEER'S REPORT
CANYON CREST LANDSCAPING AND
LIGHTING DISTRICT
FISCAL YEAR 1999/2000
CITY OF PALM DESERT
ENGINEER'S REPORT
Formation Of The
Canyon Crest Landscaping And Lighting District
And The
Concurrent Annexation Of Territory To The
Consolidated Landscaping and Lighting District
And The
Levy Of Assessments Fiscal Year 1999/2000
7 --.
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Intent Meeting: January 14, 1999
Public Meeting: February 25, 1999
Public Hearing: March 11, 1999
AVIEILA
1/NUNIFINANCIAL
Corporate Office San Francisco
28765 Single Oak Drive Sacramento
Suite 200 Washington,D.C.
Temecula, CA 92590 Armonk, NY
Tel: (909) 699-3990 Chicago
Tel: (800) 755-6465 W.Palm Beach
Fax: (909) 699-3460 www.muni.com Seattle
TABLE OF CONTENTS
I. OVERVIEW 1
A. INTRODUCTION 1
B. GENERAL DESCRIPTION OF THE DISTRICT 2
II. PLANS AND SPECIFICATIONS 3
A. DESCRIPTION OF THE DISTRICT 3
B. DISTRICT IMPROVEMENTS AND SERVICES 3
IMPROVEMENTS AND SERVICES PROVIDED 3
LOCATION AND EXTENT OF IMPROVEMENTS 5
III. METHOD OF APPORTIONMENT 6
A. IMPROVEMENT BENEFIT FINDINGS 6
GENERAL BENEFITS
6
SPECIAL BENEFITS 7
B. DESCRIPTION OF THE METHOD OF APPORTIONMENT 7
C. ASSESSMENT RANGE FORMULA
9
IV. DISTRICT BUDGET 12
A. DESCRIPTION OF BUDGET ITEMS 12
DIRECT COSTS 12
ADMINISTRATION COSTS 13
LEVY BREAKDOWN 13
DISTRICT STATISTICS 15
GENERAL INFORMATION 15
B. DISTRICT BUDGET 16
APPENDIX A - DISTRICT ASSESSMENT DIAGRAM 17
APPENDIX B - 1999/2000 PROPOSED ASSESSMENT ROLL 21
Engineer's Report
Canyon Cr' Landscaping and Lighting District
OVERVIEW
A. Introduction
The City of Palm Desert ("City") proposes to form the Canyon Crest
Landscaping and Lighting District ("District") for Fiscal Year 1999/2000. 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 within 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
" n
Consolidated Di
strict")D strict ) as Zone 15 Crest). The District will be
(Canyon
formed an 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 s Report ("Report") describes
bes the District and assessments to be
levied against properties within the District commencing with Fiscal Year
1999/2000. 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. All improvements to be maintained and funded
through annual assessments were 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
assessment district shall be abandoned if majority protest exists. If tabulation of
the property owner protest ballots indicates approval of the assessments and the
MBIA MuniFinancial Page 1
Engineer's Report
• Canyon C ,.andscaping and Lighting District
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 territory into 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 1999/2000, 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 and parcels located within the development
known as the Canyon Crest project. The District (Canyon Crest project) is
generally located east of Deep Canyon Road, south of the Whitewater River
Channel, north of Moss Rose Drive, and west of the Palm Desert High School.
The improvements and services that provide a special benefit to properties
within the District generally include, but are not limited to:
• Parkway landscaping adjacent to the development;
• Perimeter landscaping along the of the development;
• Any slopes, parkways, entryways, open space areas, retention basins or
other landscaped areas associated with the development that will be
maintained by the District.
The estimated annual cost to provide and maintain the improvements within
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 Proposition 218
(Articles XIIIC and XIIID of the California Constitution), approved by the
voters in November 1996.
MBIA MuniFinancial Page 2
Engineer's Report
Canyon CI .andscaping and Lighting District
II. PLANS AND SPECIFICATIONS
A. Description of the District
The District consists of all lots and parcels located within the development
known as the Canyon Crest project. The project/District is generally located
east of Deep Canyon Road, south of the Whitewater River Channel, north of
Moss Rose Drive, and west of the Palm Desert High School. Refer to the
Assessment Diagram for details of the District boundary.
The proposed District currently includes twenty-two assessable parcels: twenty-
one (21) subdivided single-family residential lots and 12.93 acres (Designated
Remainder Parcel). This designated remainder parcel will eventually be
subdivided into additional single-family residential lots (the number of future
single-family residential has not been finalized). The District also includes four
exempt non-residential parcels identified as landscape right-of ways/easements
or parcels with no development potential.
The assessable parcels within the District receive special benefit from the
installation and maintenance of perimeter landscaping adjacent to the
development installed as part of the development and subdivision of the
original undeveloped properties. The landscaping improvements are installed
by the developer as part of the development plan and the District is being
formed to ensure and preserve the on going maintenance and operation of these
improvements. The specific location, description and benefits of the
improvements are discussed in the following sections.
B. District Improvements and Services
IMPROVEMENTS AND SERVICES PROVIDED
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;
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Engineer's Report
Canyon Cr, andscaping and Lighting District
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;
e) 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.
fl Electric current or energy, gas, or other agent for the lighting or
operation of any other improvements.
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: -
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) Anyotherexpenses incidental to the construction, installation, or
maintenance and servicing of the improvements; and,
Costs associated wit
h th anyelections held for the approvalnew
PP
of a or
increased assessment.
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Engineer's Report
Canyon Cn mndscaping and Lighting District
LOCATION AND EXTENT OF IMPROVEMENTS
The purpose of the District is to ensure the on going maintenance, operation
and servicing of local landscape improvements installed as a result of property
development. These improvements may include but are not limited to all-
landscaping material and facilities within the District. These improvements
include: ground cover, shrubs, trees and plants; irrigation and drainage systems;
ornamental lighting
ng structur
es, masonrywa
lls or other fencing, entryway
monument, and associated appurtenant facilities located within the:
• Parkway landscaping along the east side of Deep Canyon Road from
Magnesia Falls (Whitewater River Channel), south to the end of the
development (approximately 100 feet north of Buttonwood Drive);
• Perimeter landscaping along the Whitewater River Channel (the northern
boundary of the development and District) from Deep Canyon Road
eastward to the eastern boundary of the first phase Tract 25102-01,
(approximately 675 linear feet);
• Slopes, parkways, open space areas, retention basins or other landscaped
areas within the subdivision that may be installed as part of the
development and that will be maintained by the District;
• Future perimeter landscaping along the Whitewater River Channel (the
northern boundary of the development and District) from the eastern
boundary of Tract 25102-01 eastward to Palm Desert High School, the
western boundary of the District (approximately 600 linear feet); and,
• Future parkway landscaping along the north side of Moss Road Drive from
Palm Desert High School westward to the end of the development,
(approximately 685 linear feet).
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Engineer's Report
• Canyon Crilandscaping and Lighting District
III. METHOD OF APPORTIONMENT
Pursuant to the 1972 Act the costs (assessments) of the District area apportioned
PP 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 XIIIC and 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 all necessary service,
operation, administration, and maintenance required each year to keep the
landscaping improvements within the District 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 all improvements (both present and future) are
parts of the overall property development plan 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 associated with this District are a direct result of property
development within the District and would otherwise not be required or
necessary. Developers typically install local improvements to enhance the
marketability and value of properties within the development and/or as
conditions of development. In either case, the improvements are clearly
installed for the benefit of the properties being developed and not for the
benefit of surrounding properties. Although local development improvements
(by virtue of their location), may be visible to surrounding properties, any
benefit to surrounding properties is incidental and can not be considered a
direct and special benefit. Furthermore, most developments within the City
typically have various landscaping and lighting improvements specifically
Y
associated with their development an
d these improvements. P p are funded by
properties within those developments. Therefore, it has been determined that
the District improvements and the on-going operation and maintenance of
those improvements provide no identifiable or measurable general benefit to
properties outside the District or to the public at large.
MBIA MuniFinancial Page 6
Engineer's Report
Canyon Cs ,andscaping and Lighting District
SPECIAL BENEFITS
All the improvements funded through the District provide a special aesthetic
value to each property and enhance the quality of life for property owners
within the District. All landscaping improvements associated with the District
(both present and future) are parts of the overall development plan for
properties within the District 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 to the value of property which 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 basis of determining each parcel's special benefit utilizes a weighting
formula commonly known as an Equivalent Dwelling Unit (EDU). The single-
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Engineer's Report
• Canyon CrOandscaping and Lighting District
family residential lot (parcel) is used as the base unit for calculation of
assessments and is defined as one (1.00) EDU. All other property types are
typically assigned an EDU that reflects their proportional special benefit from
the improvements as compared to the single-family residential lot (weighted
comparison).
Parcels that will not be developed such as sliver parcels, dedicated easements,
open space areas, dedicated landscaped areas or common areas and 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 any Exempt property within the District is designated by the County with a
specific APN, that parcel shall be assigned 0.0 EDU. 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
schools, parks and open space areas).
All assessable parcels within this District have been identified as either single-
family residential parcels (subdivided residential lots) or multi-family residential
parcels (Designated Remainder—future subdivision). All residential properties
benefit from the improvements and shall proportionately share in the annual
cost of providing and maintaining the improvements. Therefore, the total cost
of providing the improvements shall be spread to each residential parcel
proportionately.
Currently, the District consists of twenty-one subdivided single-family
residential lots and one large parcel (future residential subdivision). It is
anticipated that the future subdivision within the District (designated
remainder) will create several new single-family residential lots, but this
subdivision will also facilitate a proportional expansion of the District's initial
improvements to be maintained.
In order to establish a reasonable, fair and consistent method of apportioning
benefit to each parcel within the District, both the initial and future
improvements must be considered. Although the number of future lots to be
developed has not been finalized, nor the extent and level of additional
improvements, it is reasonable to anticipate that the additional improvements
will be consistent and proportional to the initial improvements. Since future
improvements will be commensurate with the development of the designated
remainder lot, the additional costs of these improvements will be offset by
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Engineer's Report
Canyon C, ,andscaping and Lighting District
additional single-family residential parcels and not require an increase in
assessments to existing single-family residential parcels. It has been determined
that all residential parcels (both the single-family residential parcels and any
designated remainder) receives equal special benefit from both the initial and
future improvements. Therefore, the most equitable and reasonable
apportionment of benefit is an equal (per parcel) distribution of costs, regardless
of the parcel's acreage or development status.
The annual assessment for all assessable parcels utilizes the following formula:
Total Balance to Levy /Total Parcels = 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 adjustment 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 property owner
ballots included an Assessment 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 equals to the "Maximum Assessment"
(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 2000/01) and each fiscal year
thereafter, the Maximum Assessment will be recalculated annually.
MBIA MuniFinancial Page 9
Engineer's Report
Canyon Cr indscaping and Lighting District
2. The new adjusted Maximum Assessment for the year represents the prior
year's Maximum Assessment adjusted by the greater 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 Area. 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 less than three percent (3.0%), then the allowable adjustment to the
Maximum Assessment is three percent. If CPI is greater 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 greater than the assessment applied in the prior fiscal
year.
Table I illustrates how the assessment range formula shall be applied. For
example, if the percentage change in CPI is greater than three percent (3.0%), as
in Example 1, then the percentage adjustment to the Maximum Assessment will
be by CPI. If the percentage change in CPI is less than three percent (3.0%), as
in Example 2, then the percentage adjustment to the Maximum Assessment will
be three percent (3.0%).
Table I
Examples of Percentage Increases
CPI Calculated Maximum% Prior Years Allowed Allowed New
Percentage Standard 3 Increase Without Maximum Rate Adjustment Maximum Rate
Example Increase %Increase Re-Balloting Per EDU Per EDU Per EDU
1 5.25% 3.00% 5.25% 380.300 19.966 400.27
2 1.00% 3.00% 3.00% 380.300 11.410 391.71
MBIA MuniFinancial Page 10
Engineer's Report
Canyon CI .andscaping and Lighting District
As previously illustrated, the Maximum Assessment will be recalculated and
adjusted annually. However, the City Council may reduce or freeze the
Maximum Assessment at anytime byamendingthe Engineer's Annual g Report.
Although the Maximum Assessment will normally increase each year, the
actual District assessments may remain virtually unchanged. The Maximum
Assessment adjustment is designed to establish a reasonable limit on 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 XIIID Section 4c of the California
Constitution). Proposition 218 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 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.
MBIA MuniFinancial Page 11
Engineer's Report
Canyon Crt tndscaping and Lighting District
IV. DISTRICT BUDGET
A. Description of Budget Items
The following describes the services and costs that are funded through the
District, shown in the District Budgets Section IV B.
DIRECT COSTS
Maintenance Costs
Includes all contracted labor, material and equipment required to properly
maintain the landscaping, irrigation systems, drainage systems, fencing, and
entry monuments within the District. All improvements within the District are
maintained and serviced on a regular basis. The frequency and specific
maintenance operations required within the District are determined by City
staff, but are generally scheduled weekly.
Landscape Water
Utility costs for water required for irrigation of the landscaped areas.
Landscape Electric
Utility costs for electricity required for irrigation systems and any ornamental
lighting associated with the landscaped areas.
Street Lighting
Utility costs for electricity required for streetlights, as well as the maintenance
of the streetlights. (This improvement is not applicable to this District, but
applicable to other Zones within the Consolidated District).
Special District Services
These are specialized services provided in addition to the normal maintenance
services. These costs and services may include, but are not limited to:
Tree Trimming — This includes the additional cost of all contracted labor,
material and equipment for trimming the trees in the public rights-of-way or
landscaped areas.
Graffiti Abatement — This includes the additional cost of all contracted labor,
material and equipment required to repair, sandblast and paint surfaces in the
public rights-of-way that are associated with the improvements.
MBIA MuniFinancial Page 12
Engineer's Report
Canyon Cr( Indscaping and Lighting District
Maintenance Repairs
This item includes repairs that are not included in the yearly maintenance
contract costs. These costs include normal repair or replacement of the
amenities anticipated for the year, and funds collected for planned upgrades of
the improvements. These costs could include replacing plant materials and/or
renovation of irrigation or lighting systems.
Miscellaneous Maintenance
This is a contingency fund for additional costs that are unforeseen and not
normally included in the regular yearly maintenance cost. This may include
repairs or replacements of damaged amenities due to vandalism, storms, and
frost.
ADMINISTRATION COSTS
District Administration
The cost to all-particular departments and staff of the City for providing the
coordination of District services, operations and maintenance of the District,
and response to public concerns and education. This budget item also includes
the costs of contracting with professionals to provide any additional
administrative, legal or engineering services specific to the District, including
the preparation of annual reports, resolutions and all other procedures
associated with the levy and collection of assessments.
County Administration Fees
This is the actual cost to the District charged by the County for collecting
District assessments-on the property tax bills. This charge is based on a flat rate
per fund number plus an additional charge per assessment.
Miscellaneous Administration
This fund represents additional costs associated with District administration
that are not normally included in the regular yearly administration costs. This
may include special engineering services (including formation costs or changes
to the District), legal services, contract negotiations, preparation and mailing of
notices, property owner protest ballots, and tabulation of the ballots.
LEVY BREAKDOWN
Reserve Account
The Reserve Account item is provided for collection by the District of funds to
operate the District from the time period of July 1 (beginning of the Fiscal
Year) through December when the County provides the City with the first
MBIA MuniFinancial Page 13
•
Engineer's Report
Canyon C Landscaping and Lighting District
installment of assessments collected from the property tax bills. Negative
amounts shown here are transfers that are used to reduce the Balance to Levy.
The Reserve Fund eliminates the need for the City to transfer funds from non-
District accounts to pay for District charges during the first half of the fiscal
year.
Beginning
g g Balance
The Beginning Balance for the District represents the actual expenditures for
the improvements in the prior fiscal year versus the amount budgeted and
collected for the year. When the actual cost and expenditures for the District
were greater than the amount budgeted and collected, the District has a
Beginning Balance Deficit. A deficit may be the result of unforeseen and
extraordinary costs incurred, or if assessments actually collected were less than
anticipated. When a deficit occurs, the deficit amount may be added to the
amount to be collected through the levy year.the current fiscal When the
actual cost and expenditures for the District were less than the amount
budgeted and collected, the District has a Beginning Balance Surplus. When a
surplus occurs, the amount may be used to reduce assessments or added to the
District Reserves.
Capital Improvement Project (CIP)
The CIP Account represents funds collected for planned renovations or
replacement of the improvements. The cost of major renovations or
replacements is usually greater than an amount that can reasonably be collected
in one fiscal year. The CIP Account allows for collection of revenues for these
special projects over several years. This account differs from the Reserve
account in that the money collected must be for a specified project, the money
collected must be spent within a five-year period, and there is no limit to the
amount that may be collected.
Contribution Replenishment
The Contribution Replenishment represents repayments of amounts that had
been temporarily advanced by the Agency to the District.
Other Revenue Source
This item includes additional funds designated for use by the District that are
not from District assessments. These funds are added to the District account to
reduce assessments, and may be from either non-District, or District sources
including City General Fund Contributions or interest earnings.
Balance to Levy
This is the total amount to be levied and collected through assessments for the
current fiscal year. The Balance to Levy represents the sum of Total Direct and
MBIA MuniFinancial Page 14
Engineer's Report
Canyon Cri mndscaping and Lighting District
Administration Costs, the Reserve Account/Other Revenue Source, the
Beginning Balance, and the Contribution Replenishment.
DISTRICT STATISTICS
Total Number of Parcels
Represents the total number of parcels physically within the District boundary.
Total Parcels Levied
Represents the total number of parcels within the District that will be assessed.
Non-assessable lots or parcels may include government-owned land, public
utility-owned property, land principally encumbered by public right-of-ways,
easements, common areas, and/or parcels within the boundaries of the District
that do not benefit from the improvements.
Equivalent Dwelling Unit (EDU)
Equivalent Dwelling Unit (EDU) is a numeric value calculated for each parcel
based on the parcel's land use. The EDU shown in the District budget, (Section
i IlI B), represents the sum total of all parcel EDU's that receive benefit from the
improvements. Refer to Section II for a more complete description of EDU's.
Levy per EDU
This amount represents the rate being applied to each parcel's individual EDU.
The Levy per Equivalent Dwelling Unit, is the result of dividing the total
Balance to Levy, by the sum of the District EDU's, for the fiscal year.
GENERAL INFORMATION
This section of the Budget provides information regarding the Reserve
Account, the Capital Improvement Project Account (CIP). This section also
provides an accounting of the Adjusted Maximum Assessment Allowed based
on the Assessment Range Formula adopted and approved by the property
owners. The Adjusted Maximum Assessment Allowed is calculated annually
independent of the assessment rate for the current fiscal year (Levy per
Equivalent Dwelling Unit). If the Levy per Equivalent Dwelling Unit is greater
than the Adjusted Maximum Assessment Allowed, the assessment is considered
an increased assessment and the increase must be approved by the property
owners pursuant to Proposition 218.
MBIA MuniFinancial Page 15
Engineer's Report
Canyon C -andscaping and Lighting District
B. District Budget
Proposed Special General Assessable
Budget Benefit Benefit Costs
DIRECT COSTS
Maintenance Costs $3,000 $3,000 $0 $3,000
Landscape Water 1,000 1,000 0 1,000
Landscape Electric 400 400 0 400
Street Lighting 0 0 0 0
Special District Services 0 0 0 0
Maintenance Repairs 1,500 1,500 0 1,500
Miscellaneous Maintenance Q Q Q. Q
Direct Costs(Subtotal) 5,900 5,900 0 5,900
ADMINISTRATION COSTS
District Administration 1,029 1,029 0 1,029
County Administration Fees 86 86 0 86
Miscellaneous Administration �500 6,500 QQ
Administration Costs (Subtotal) 7,615 7,615 0 7,615
LEVY BREAKDOWN
Total Direct and Admin. Costs 13,515 13,515 0 13,515
Reserve Account 1,352 1,352 0 1,352
Beginning Balance 0 0 0 0
Capital Improvement Project (CIP) 0 0 0 0
Contribution Replenishment 0 0 0 0
Other Revenue Source (6 5 02-.51Q,1 Q (6 5001
Balance to Levy 8,367 8,367 0 8,367
DISTRICT STATISTICS
Total Parcels 26
Total Parcels Levied 22
Total Equivalent Dwelling Units 22.00
Levy per EDU $380.30
GENERAL INFORMATION
Previous Reserve Balance 0 0 0 0
Reserve Collection/ (Transfers) 1,157 1.152 Q 4357
Anticipated Reserve Balance 1,352 1,352 0 1,352
Previous CIP Balance 0 0 0 0
CIP Collection/ (Transfers) Q Q Q Q
Anticipated CIP Balance 0 0 0 0
Adjusted Maximum Levy per EDU $380.30
The Developer has paid the costs associated with the formation of the District and are itemized
"Miscellaneous Administration" cost and "Other Revenue Source" contributions.
MBIA MuniFinancial Page 16
Engineer's Report
10— Canyon Creandscaping and Lighting District
APPENDIX A - DISTRICT ASSESSMENT DIAGRAM
The parcels within the Canyon Crest Landscaping and Lighting District are generally
located east of Deep Canyon Road, south of the Whitewater River Channel, north of
Moss Rose Drive, and west of the Palm Desert High School. The District includes all
parcels within Tract 25102-01 as well as a future subdivision associated with Assessor's
Parcel Numbers (APN's) 624-160-015 and 624-160-016. The assessment diagram and
supporting Assessor's Parcel Maps for the Canyon Crest Landscaping and Lighting
• District are shown on the following pages and are inclusive of Assessor's Parcel
Numbers 624-160-015; 624
-160-016; 624371— 001 through 015 and 624372—(001
through 009) as of the Resolution of Intention.
MBIA MuniFinancial Page 17
ASSESSMENT DIAGRAM OF
CANYON CREST LANDSCAPING AND LIGHTING DISTRICT
(ZONE 15 OF THE PALM DESERT CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT)
CITY OF PALM DESERT
COUNTY OF RIVERSIDE
i STATE OF CALIFORNIA
I
'kaON1 �7t I. Fjy,
Est
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- ``...
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Assessment Identifications
s% ASSESSOR'S
Ij7V ABMT. PARCEL
iEORIyRNO. NUMBER PARCEL DESCRIPTION
l 1 624371-001 Tract 25102-01 Lot 1
.1
1 O2 624-371-002 Tract 25102-01 Ld 2
IO O 3 624-771 003 Tract 25102-01 Lot 3
4 624-371-004 Tract 25102.01 Lot 4
1 5 624-371-005 Tnd 25102-01 Lot 5
1 A �v 1 _® 8 624-371-008 Tr}d 25102-01 Lol 6
7 624-371-007 Tnd 25102-01 Lat 7
8 624-371-008 Tnd 25102-01 tnt 8
R WAY��'j1D 824-371-0 -01 Lot D
10 824371-010 7rad 25102-01 Lot 10
® �® ®1 4
11 624371-011 Tract 25102-01 Lnt 11
I12 824-371-012 Tract 25102-01 Lot 12
II 13 624-371-013 Tract 25102-01 Lot 13
r 624-371-014 Tract 25102-0I LotA
I 11
•, 15 tS24J71-015 Tract 25102-01 Lot B
1
16 624372-0O1 Trail 25102-01 Ld 14
tat17 624-372-002 Tract 25102-01 Lot 15
18 624-372-003 Tract 25102-01 Lot 16
19 624372-004 Tract 25102-01 Lot 17
20 624-372-005 Tract 25102-01 Lot 18
PALM DESERT HIGH SCHOOL 21 624-372-006 Tract 25102-01 Lot 19
22 624-372-007 Tract 25102-01 Lot 20
ri
23 624372-008 Trod 25102-01 Lot 21
24 624-372-009 Tract 25102-01 Lot 0
25 624-160-016 Designated Remainder
26 624-160-015 Exempt Sever Parcel
MOSS ROSE DRIVE
MBIA MuniFinancial
Pagel 8
CANYON CREST LANDSCAPING AND LIGHTING DISTRICT
(ZONE 15 OF THE PALM DESERT CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT) .
ASSESSOR'S PARCEL MAP 624-16 (Fiscal Year 1998/99)
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MBIA MuniFinancial
Page 19
CANYON CREST LANDSCAPING AND LIGHTING DISTRICT
(ZONE 15 OF THE PALM DESERT CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT)
ASSESSOR'S PARCEL MAP 624-37 (Fiscal Year 1998/99)
MS 11,0 7010911Vii{1rl11.tt't90110 0D1041.tl111811111 ^ _
II 1.V110 ICR 0911a1Ua 6 DI taa D1117 1SIESVG't?MI I.R_A 016-911 b L
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MBIA MuniFinancial
Page 20
Engineer's Report
Canyon Cr andscaping and Lighting District
APPENDIX B - 1999/2000 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 Maps.
As of the Resolution of Intention, the Canyon Crest Landscaping and Lighting District
is inclusive of Assessor's Parcel Numbers (APN's):
624-160-015;
624-160-016;
624-371—(001 through 015); and,
624-372—(001 through 009).
A listing of parcels assessed within this District, along with the assessment amounts is
included in the following table.
Proposed Proposed
Maximum Maximum
APN Assessment APN Assessment
624-160-015 $0.00 624-371-012 $380.30
624-160-016 380.30 624-371-013 380.30
624-371-001 380.30 624-371-014 0.00
624-371-002 380.30 624-371-015 0.00
624-371-003 380.30 624-372-001 380.30
624-371-004 380.30 624-372-002 380.30
624-371-005 380.30 624-372-003 380.30
624-371-006 380.30 624-372-004 380.30
624-371-007 380.30 624-372-005 380.30
624-371-008 380.30 624-372-006 380.30
624-371-009 380.30 624-372-007 380.30
624-371-010 380.30 624-372-008 380.30
624-371-011 380.30 624-372-009 0.00
Total Amount: $8,366.60
MBIA MuniFinancial Page 21
RESOLUTION: 99-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, INITIATING PROCEEDINGS FOR THE FORMATION OF THE
CANYON CREST 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 1999/2000
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 "Act") desires to initiate proceedings
for the formation of the "Canyon Crest Landscaping and Lighting District" (hereafter referred
to as the "District") and concurrently annex said District and territory into the "Palm Desert
Consolidated Landscaping and Lighting District" (hereafter referred to as the "Consolidated
District"), and to levy and collect annual assessments to pay for the operation, maintenance
and servicing of landscaping, lighting and all appurtenant facilities related thereto. The Act
provides for the concurrent formation and annexation of an assessment district pursuant to
Chapter 2 Article 2, and the levy and collection of assessments by the County on behalf of the
City pursuant to Chapter 4 Article 2; and,
WHEREAS, the City Council has retained MBIA MuniFinancial as the Engineer of
Work, for the purpose of assisting with the formation of the District, the annexation of said
District and territory into the Consolidated District, the establishment of an annual assessments,
and to prepare and file a Engineer's Report with the City Clerk in accordance with the Act.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY
THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:
Section 1: The City Council hereby orders MBIA MuniFinancial to prepare the Engineer's
Report concerning the formation of the District and the concurrent annexation
of said District and territory into the Consolidated District, and the levy of
assessments for properties within the District.
Section 2: The improvements include the operation, administration, maintenance and
servicing of all improvements and appurtenant facilities and expenses associated
Page 1 of 3
RESOLUTION: 99-2
with the District that were installed as part of the Canyon Crest development and
will be maintained by the City of Palm Desert through annual assessments
namely:
• Parkway landscaping along the east side of Deep Canyon Road from
Magnesia Falls (Whitewater River Channel), south to the end of the
development (approximately 100 feet north of Buttonwood Drive);
• Perimeter landscaping along the Whitewater River Channel (the northern
boundary of the development and District) from Deep Canyon Road
eastward to the eastern boundary of the first phase Tract 25102-01,
(approximately 675 linear feet);
• Slopes, parkways, open space areas, retention basins or other landscaped
areas within the subdivision that may be installed as part of the
development and that will be maintained by the District;
• Future perimeter g n landscaP alongithe Whitewater River Channel (the
northern boundaryof the development
ent and District) from eastern p the Baste n
boundary of Tract 25102-01 eastward to Palm Desert High School, the
western boundary of the District (approximately 600 linear feet).
Section 3: The proposed territory within the District and concurrent annexation to the
Consolidated District includes all lots and parcels within the subdivision known
as Canyon Crest develo
pment ment (Project). Project/District is generallylocated
P �' J )
east of Deep Canyon Road, south of the Whitewater River Channel, north of
Moss Rose Drive, and west of the Palm Desert High School. This territory
currently includes twenty-two assessable parcels: twenty-one (21) subdivided
single-family residential lots and 12.93 acres (Designated Remainder Parcel). This
Designated Remainder Parcel will eventually be subdivided into additional single-
family residential lots (the number of future single-family residential lots has not
been finalized). The territory also includes four exempt non-residential parcels
identified as landscape right-of ways/easements or parcels with no development
potential. The proposed territory is within the City of Palm Desert, the County
of Riverside, State of California and shall be designated as: "Canyon Crest
Landscaping and Lighting District" and "Zone 15 Canyon Crest" within the
Consolidated District.
Page 2 of 3
• •
RESOLUTION: 99-2
PASSED, APPROVED, AND ADOPTED this 14th day of January 1999.
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss.
CITY OF PALM DESERT
I, , City Clerk of the City of Palm Desert, County
of Riverside, State of California do hereby certify that the foregoing Resolution No. 99-2
was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of
said council held on the_ day of , 1999 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Mayor
City of Palm Desert
City Clerk
City of Palm Desert
Page 3 of 3
RESOLUTION: 99-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, FOR PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT
REGARDING THE FORMATION OF THE CANYON CREST 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 1999/2000
WHEREAS, the City Council has, by previous Resolution, ordered the preparation of
an Engineer's Report (hereafter referred to as the "Report") regarding the formation of an
assessment district to be designated as the "Canyon Crest Landscaping and Lighting District"
(hereafter referred to as the "District"), and the concurrent annexation of said District and
territory therein, into the Palm Desert Consolidated Landscaping and Lighting District
(hereafter referred to as the "Consolidated District"), and the levy and collection of
assessments, 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 "Act"); and,
WHEREAS, there has now been presented to this City Council the Report as required
by Chapter 2,Article 1, Section 22586 of said Act; and,
WHEREAS, the City Council has carefully examined and reviewed the Report as
presented, and is preliminarily satisfied with the District, each and all of the budget items and
documents as set forth therein, and is satisfied that the proposed annual assessments, on a
preliminary basis, have been spread in accordance with the special benefits received from the
improvements, operation, administration, maintenance and services to be performed within
the District, as set forth in said Report.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY
THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:
Section 1: That the preceding recitals are all true and correct.
Page 1 of 3
RESOLUTION: 99-3
Section 2: That the Report as presented, consists of the following:
a. A Description of Improvements.
b. A Boundary Diagram of the District.
c. The proposed Annual Budget for the first fiscal year (Costs and Expenses).
d. The Method of Apportionment that details the method of calculating each
parcel's proportional special benefits and annual assessment.
e. The proposed initial "Maximum Assessment" (levy per EDU) and an
"Assessment Range Formula" that must be approved by the property
owners pursuant to Proposition 218.
f. The District Roll containing the Levy for each Assessor Parcel within the
District commencing Fiscal Year 1999/2000.
Section 3: The Report is hereby approved on a preliminary basis, and ordered to be filed
in the Office of the City Clerk as a permanent record and to remain open to
public inspection.
Section 4: The Maximum Assessment and Assessment Range Formula described in the
Report are hereby approved on a preliminary basis, and shall be submitted to
the property owners within the District for approval pursuant to the provisions
of Proposition 218.
Section 5: The City Clerk shall certify to the passage and adoption of this Resolution, and
the minutes of this meeting shall so reflect the presentation of the Report.
Page 2 of 3
RESOLUTION: 99-3
PASSED, APPROVED, AND ADOPTED this 14th day of January 1999.
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss.
CITY OF PALM DESERT
I, , City Clerk of the City of Palm Desert, County
of Riverside, State of California do hereby certify that the foregoing Resolution No. 99-3
was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of
said council held on the day of , 1999 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Mayor
City of Palm Desert
City Clerk
City of Palm Desert
Page 3 of 3
RESOLUTION: 99-4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DECLARING ITS INTENTION TO FORM THE CANYON CREST
LANDSCAPING AND LIGHTING DISTRICT; AND CONCURRENTLY ANNEX
SAID DISTRICT AND TERRITORY INTO THE PALM DESERT CONSOLIDATED
LANDSCAPING AND LIGHTING DISTRICT; AND TO LEVY AND COLLECT
ANNUAL ASSESSMENTS RELATED THERETO COMMENCING FISCAL YEAR
1999/2000; AND CALLING A PROPERTY OWNER PROTEST PROCEEDING TO
SUBMIT TO THE QUALIFIED PROPERTY OWNERS THE QUESTION OF
LEVYING SUCH ASSESSMENTS AND ESTABLISHING AN ASSESSMENT RANGE
FORMULA FOR SAID DISTRICT
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 "Act") and by previous Resolution,
has initiated proceedings for the formation of the "Canyon Crest Landscaping and Lighting
District" (hereafter referred to as the "District"); 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"), and to levy and collect annual
assessments to pay for the operation, maintenance and servicing of landscaping, lighting and all
appurtenant facilities related thereto; and,
WHEREAS, the City Council desires to form the District; concurrently annex the
District and territory into the Consolidated District; and to levy and collect annual
assessments against lots and parcels of land within the proposed District to pay the cost and
expenses related to the improvements described in Section 4 of this Resolution; and,
WHEREAS, the Engineer selected by the City Council has prepared and filed with
the City Clerk a Report in connection with the proposed formation, annexation and levy of
assessments commencing with Fiscal Year 1999/2000 (July 1, 1999 and ending June 30, 2000)
in accordance with Chapter 1,Article 4 of the Act, and the Council did by previous Resolution
preliminarily approve such Report.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY
THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:
Page 1 of 5
RESOLUTION: 99-4
Section 1: The City Council hereby declares its intention to form the District and levy and
collect annual assessments against parcels of land within the District; and
concurrently annex said District and territory into the Consolidated District
commencing Fiscal Year 1999/2000. The territory included within the District
and annexation are generally described in Section 3 of this Resolution and shall be
designated as the "Canyon Crest Landscaping and Lighting District," and shall be
further designated in the Consolidated District as: "Zone 15 Canyon Crest."
Section 2: The City Council declares its intention to conducted public hearing(s) regarding
the formation of the District and the annexation of said territory into the
Consolidated District pursuant to the Act and calls for a property owner protest
balloting proceeding related thereto. The City Council finds that the public's best
interest requires such action and levy of assessments.
Section 3: The proposed territory within the District and concurrent annexation to the
Consolidated District includes all lots and parcels within the subdivision known
as Canyon Crest development (Project). The Project/District is generally located
east of Deep Canyon Road, south of the Whitewater River Channel, north of
Moss Rose Drive, and west of the Palm Desert High School. The proposed
territory is within the City of Palm Desert, the County of Riverside, State of
California and currently includes twenty-two assessable parcels: twenty-one (21)
subdivided single-family residential lots and 12.93 acres (Designated Remainder
Parcel). This Designated Remainder Parcel will eventually be subdivided into
additional single-family residential lots (the number of future single-family
residential lots has not been finalized). The territory also includes four exempt
non-residential parcels identified as landscape right-of ways/easements or parcels
with no development potential.
Section 4: The improvements include the operation, administration, maintenance and
servicing of all improvements and appurtenant facilities and expenses associated
with the District that were installed as part of the Canyon Crest development and
that will be maintained by the City of Palm Desert through annual District
assessments, namely:
• Parkway landscaping along the east side of Deep Canyon Road from
Magnesia Falls (Whitewater River Channel), south to the end of the
development (approximately 100 feet north of Buttonwood Drive);
Page 2 of 5
RESOLUTION: 99-4
• Perimeter landscaping along the Whitewater River Channel (the northern
boundary of the development and District) from Deep Canyon Road
eastward to the eastern boundary of the first phase Tract 25102-01,
(approximately 675 linear feet);
• Slopes, parkways, open space areas, retention basins or other landscaped
areas within the subdivision that may be installed as part of the
development and that will be maintained by the District;
• Future perimeter landscaping along the Whitewater River Channel (the
northern boundary of the development and District) from the eastern
boundary of Tract 25102-01 eastward to Palm Desert High School, the
western boundary of the District (approximately 600 linear feet).
Section 5: The proposed assessments for the District and subsequent Zone within the
Consolidated District are outlined in the Engineer's Report. The Report details
the proposed assessments necessary to provide for the annual operation,
administration, services and maintenance of the improvements for the first fiscal
year described in Section 4 of this Resolution. In subsequent years, the City
Council will hold a Public Hearing for the Consolidated District and/or District
prior to approving the annual levy of assessments for the upcoming fiscal year.
An increase to the annual assessment requires approval of that increase by the
property owners through protest ballot proceedings. An increased annual
assessment is defined as an assessment that is greater than the Maximum
Assessment plus the annual inflationary adjustment previously approved by the
property owners. (The initial Maximum Assessment and annual inflationary
adjustment are outlined in the Engineer's Report for Fiscal Year 1999/2000 and
must be approved by the property owners before any assessment is levied).
Section 6: The City Council hereby declares its intention to conduct a Public Hearing
concerning the formation of the District, and concurrent annexation of territory
into the Consolidated District, and the levy of assessments for the improvements
in accordance with Chapter 2, Article 1, Section 22587 (e) of the Act.
Section 7: The City Clerk shall cause notice to be given of the time and place of the Public
Hearing by causing the publishing of this Resolution once in the local paper for
two consecutive weeks not less than ten (10) days before the date of the hearing
and by posting a copy of this Resolution on the official bulletin board
customarily used by the City Council for the posting of notices.
Page 3 of 5
RESOLUTION: 99-4
Section 8: Notice is hereby given that a Public Meeting and Hearing on these matters will
be held by the City Council on Thursday February 25, 1999 at 7:00 p.m., (Public
Meeting) and Thursday March 11, 1999 at 7:00 p.m. (Public Hearing) or as soon
thereafter as feasible in the regular meeting chambers of the City Council located
at 73-510 Fred Waring Drive, Palm Desert, California. Property owners subject
to an assessment will be mailed a protest ballot regarding the proposed levy of
assessments and the assessment range formula, as well as a notice of the Public
Hearings regarding the formation of the District and annexation to the
Consolidated District. Any interested person may file a written protest with the
City Clerk prior to the conclusion of the hearing, or having previously filed
protest, may file a written withdrawal of that protest. A written protest shall state
all grounds of objection and protest by a property owner shall contain a
description sufficient to identify the property owned by such property owner. At
the public meeting and the public hearing, all interested persons shall be afforded
the opportunity to hear and be heard. Valid ballots must be completed and
received by the City Clerk prior to the conclusion of the Public Hearing for
tabulation.
Section 9: 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. A notice of the hearing and ballot shall
be distributed by first class mail to the property owner of record for each parcel
within District subject to an assessment, pursuant to California Constitutional
Articles XIIIC and XIIID (hereafter referred to as the "Initiative"). Each
landowner may return the ballot by mail or in person to the City Clerk not later •
than the conclusion of the Public Hearing on Thursday March 11, 1999. At the
Public Hearing, pursuant to Section 4, Sub-Section 4 (e) of the Initiative, the City
shall tabulate the ballots returned to determine if a majority protest exits. The
ballots shall be weighted according to the proportional financial obligation of the
affected property. A majority protest exists if, upon the conclusion of the hearing,
ballots submitted in opposition to the assessment exceed the ballots submitted in
favor of the assessment.
Section 10: The City Council hereby authorizes and directs the City Clerk or their designee
to prepare and mail notice of the Public Meeting and Public Hearing; and in the
same or separate mailing, mail property owner protest ballots to the subject
property owners regarding the proposed levy of the assessments and the
assessment range formula pursuant to California Constitution Article XIIID and
as outlined in the Engineer's Report.
Page 4 of 5
RESOLUTION: 99-4
PASSED, APPROVED, AND ADOPTED this 14th day of January 1999.
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss.
CITY OF PALM DESERT
I, , City Clerk of the City of Palm Desert, County
of Riverside, State of California do hereby certify that the foregoing Resolution No. 99-4
was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of
said council held on the day of , 1999 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Mayor
City of Palm Desert
City Clerk
City of Palm Desert
Page 5 of 5