HomeMy WebLinkAboutRes 08-71 thru 08-73 FY 2008-09 Ballot Proceedings SandcastlesREQUEST:
CITY OF PALM DESERT
DEVELOPMENT SERVICES
STAFF REPORT
1. Approval to declare the results of the property owner protest
proceedings for the proposed improvement change, and
increase in assessment for the "Sandcastles" Landscape and
Lighting District.
2. Approval to amend and/or approve the Engineer's Reports;
order the levy and collection of annual assessments for Fiscal
Year 2008-2009.
DATE: July 10, 2008
CONTENTS: Resolution No.(s) 08-71 ,08-72 , 08-73
Final Engineers' Reports
Recommendation:
At the conclusion of the public hearing, waive further reading and adopt:
1. Resolution No. 08-71, declaring the results of the property owner protest
ballot proceedings conducted for the proposed levy of new or increased
assessments related to Zone 05 - Sandcastles of the Palm Desert
Consolidated Landscaping and Lighting District commencing with fiscal
year 2008-2009
2. Resolution No. 08-72, approving the engineer's report regarding the
proposed new or increased assessment for Zone 05 - Sandcastles of the
Palm Desert Consolidated Landscaping and Lighting District; and the levy
and collection of annual assessments related thereto commencing in fiscal
year 2008-2009
3. Resolution No. 08-73, confirming the new or increased assessments for
Zone 05 - Sandcastles of the Palm Desert Consolidated Landscaping and
Lighting District and ordering the levy and collection of assessments
thereto for fiscal year 2008-2009
Staff Report
Sandcastles Landscape and Lighting District
Page 2 of 2
July 10, 2008
Background:
At its regular meeting of May 22, 2008, the City Council approved two resolutions
initiating the process of balloting the existing Sandcastles Landscaping and Lighting
District to increase the levy to include the maintenance of landscaping along Carlotta
Drive. Previously the district only included the street lights in the area, however in 2006,
the City Council authorized staff to begin working on a preliminary engineers report to
include the landscaping and prepare the necessary documents to ballot for an
increased levy.
Conclusion:
Staff recommends that the City Council open the public hearing and take testimony from
all interested parties. At the conclusion of the public hearing staff will count the ballots
and return to declare the results.
Submitted
Ryan Stendell
Senior Management Analyst
Approval:
Carlos L. Ort
City Manager
Paul Gib
Finance
I-(omer Croy,
ACM for D
;;ITY COUNCIL TION:
APPROVED DENIED
REArlo ur f 6fi lake, IVED . OTHER
MEETING DATE 7• /D• 0
AYES: / r'(xSl/I i, 7a f ,
NOES:�.•ablf
ABSENT: A
iVERIFIED BY:BY:'Pf01(M/ek,91
Driginal on File w'th City
pment Services
'u&-727 ate' 23n,
* A MAJORITY PROTEST exists in this
therefore, Adopted Res. No. 08-71,
the results:
YES = $1,050.00
NO = 1,800.00
Clerk's Offire
balloting;
declaring
5-0
No further action taken on Res. Nos. 08-72 and 08-73.
2
RESOLUTION NO. 08-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DECLARING THE RESULTS OF THE PROPERTY OWNER
PROTEST BALLOT PROCEEDINGS CONDUCTED FOR THE PROPOSED LEVY OF
NEW OR INCREASED ASSESSMENTS RELATED TO ZONE 05 — SANDCASTLES OF
THE PALM DESERT CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT
COMMENCING WITH FISCAL YEAR 2008-2009
The City Council of the City of Palm Desert (hereafter referred to as the "City Council") does
resolve as follows:
WHEREAS, the City Council by previous resolutions, initiated proceedings and declared its
intention to conduct a protest balloting for the levy of proposed new or increased assessments to
pay for the ongoing operation, maintenance and servicing of the landscaping and lighting
improvements and appurtenant facilities associated with "Zone 05 — Sandcastles of the Palm Desert
Consolidated Landscaping and Lighting District (hereafter referred to as "Sandcastle Zone");
commencing in Fiscal Year 2008-2009 for the special benefits received by properties therein from
the improvements related thereto, pursuant to the provisions of the Landscaping and Lighting Act
of 1972, Part 2 of Division 15 of the California Streets and Highways Code(commencing with
Section 22500); and,
WHEREAS, in accordance with the provisions of the California Constitution, Article
XIIID, the City Council has caused and conducted a property owner protest ballot proceeding for
the proposed new or increased assessments to be levied on properties within the Sandcastles Zone;
and,
WHEREAS, the assessments presented to the property owners of record within the
Sandcastle Zone reflects each property's benefit and proportional financial obligation related to the
ongoing operation, maintenance and servicing of the improvements and facilities that will provide
special benefit to the properties within the Sandcastle Zone. The ballots presented clearly identified
the total amount balloted to all properties, the proposed assessment rates, the property's
proportional annual amount commencing with Fiscal Year 2008-2009 and an annual inflationary
adjustment applicable to future assessments; and,
WHEREAS, upon the close of the Public Hearing held on July 10, 2008 the protest ballots
returned by the landowners of record within the Sandcastles Zone, were opened and tabulated, the
results of which arc illustrated as follows:
Yes:
No:
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Palm Desert,
California, as follows:
I'agc 1
Section 1 The preceding recitals are true and correct.
Section 2 The protest proceedings were conducted with the notices and ballots of the
proposed new or increased assessment presented to the qualified property owners within the
Sandcastle Zone as required by law, with a required receipt of the returned ballots to the City
Clerk prior to the close of the Public Hearing on July 10, 2008.
Section 3 The canvass of the protest ballots cast for the Sandcastle Zone and received
prior to the close of the public hearing, weighted according to the proportional financial
obligation of the affected properties is hereby approved and confirmed.
Section 4 The City Clerk is hereby directed to enter this Resolution on the minutes of
this meeting, which shall constitute the official declaration of the result of such property
owner protest ballot proceeding.
Section 5 'Phis Resolution shall become effective immediately upon its adoption.
Section 6 The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council,
held on this 10th day of July, 2008, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
JEAN M. BENSON, Mayor
City of Palm Desert, California
Page 2
RESOLUTION NO. 08-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, APPROVING THE ENGINEER'S REPORT REGARDING THE
PROPOSED NEW OR INCREASED ASSESSMENT FOR ZONE 05 — SANDCASTLES
OF THE PALM DESERT CONSOLIDATED LANDSCAPING AND LIGHTING
DISTRICT; AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS
RELATED THERETO COMMENCING IN FISCAL YEAR 2008/2009
The City Council of the City of Palm Desert (hereafter referred to as the "City Council") does
resolve as follows:
WHEREAS, the City Council by previous resolutions, initiated proceedings and declared its
intention to levy a proposed assessment increase (new maximum assessment) for "Zone 05 —
Sandcastles of the Palm Desert Consolidated Landscaping and Lighting District" (hereafter referred
to as "Sandcastle Zone") to pay for the ongoing operation, maintenance and servicing of the existing
lighting improvements; new landscape improvements, and appurtenant facilities related thereto;
commencing in Fiscal Year 2008/2009 pursuant to the provisions of the Landscaping and Lighting
Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with
Section 22500 (the "Act"); and declared its intention to conduct a property owner protest ballot
proceeding for the levy and collection of new or increased assessments in accordance with the
provisions of the California Constitution Article XIIID (the "Constitution"); and,
WHEREAS, a preliminary Engineer's Report has been prepared and presented to this City
Council in connection with the proposed assessment increase and the levy of new or increased
assessments commencing in Fiscal Year 2008/2009, and the City Council has declared its intention
to conduct property owner protest ballot proceedings for the levy and collection of new or increased
assessments for the operation, maintenance and servicing of landscaping and lighting improvements,
and all appurtenant facilities related thereto commencing with Fiscal Year 2008/2009, in accordance
with the provisions of the Constitution; and,
WHEREAS, the assessment engineer has prepared and filed a final Engineer's Report with
the City Clerk, in connection with these proceedings and the City Clerk has presented to the City
Council such report as required by the Act; and,
WHEREAS, the City Council has duly held a public hearing regarding the new and
increased assessments for the Sandcastle Zone, the proposed landscaping and lighting
improvements, and has conducted a property owner protest ballot proceeding for the proposed new
or increased assessments related thereto, the results of which have been presented and confirmed by
this City Council; and,
WHEREAS, the City Council has examined and reviewed the final Engineer's Report,
considered all public testimony and written protests presented, and evaluated the results of the
property owner protest ballot proceedings to determine if majority protest exists; and,
NOW, THEREFORE, BE IT RESOLVED by the City Council of Palm Desert,
California, as follows:
Section 1 That the above recitals are true and correct.
Section 2 That the Report, as presented, consists of the following:
2a) A Description of the Improvements (Plans and Specifications);
2b) The Method of Apportionment that details the method of calculating the
proportional special benefits and the annual assessment obligation for each affected
parcel including a description of an "Annual Inflationary- Adjustment" applicable to
subsequent assessments;
2c) The estimated annual costs and expenses to provide the improvements (Budget) that
establishes the proposed "Proposed Maximum Levy per EBU" and first year's
assessments;
2d) An Assessment Diagram (Boundary Map); and
2e) An Assessment Roll containing the assessment to be levied for each Assessor Parcel
Number within the Sandcastle Zone commencing in Fiscal Year 2008/2009 based on
the proposed maximum levy per FBI: and method of apportionment described
therein.
Section 3 Based on testimony given, the results of the property owner protest ballot
proceedings and the documents and discussion presented, the City Council has directed and
confirmed any necessary modifications or amendments to the Engineer's Report previously
presented and filed, and said modifications or amendments so reflected by the minutes of
this meeting shall by reference be incorporated into the approved Engineer's Report.
Section 4 The Engineer's Report and Assessment Diagram connected therewith as
approved, shall constitute the territory and properties within the Sandcastle Zone, and
confaun and establish the method of apportionment and the proposed maximum levy per
F:BU including the annual inflationary adjustment approved by the property owners of
record in the ballot proceeding. Said assessments along with the proposed assessments for
Fiscal Year 2008/2009 as described in the Engineer's Report are herby confirmed and
adopted by the City Council based on the benefits properties will receive from the
improvements, operation, maintenance and services to be performed and authorized for the
Sandcastle Zone.
Section 5 The Engineer's Report as presented or amended is ordered to be filed in the
City Clerk's Department as a permanent record and to remain open to public inspection.
Section 6 The City Clerk's Department shall certify to the passage and adoption of this
Resolution, and the minutes of this meeting shall so reflect the presentation of and final
approval of the Engineer's Report.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council,
held on this 10th day of July, 2008, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAINED:
JEAN M. BENSON, Mayor
City of Palm Desert, California
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
RESOLUTION NO. 08-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA CONFIRMING THE NEW OR INCREASED ASSESSMENTS FOR
ZONE 05 — SANDCASTLES OF THE PALM DESERT CONSOLIDATED
LANDSCAPING AND LIGHTING DISTRICT AND ORDERING THE LEVY AND
COLLECTION OF ASSESSMENTS THERETO FOR FISCAL YEAR 2008/2009
The City Council of the City of Palm Desert (hereafter referred to as the "City Council") does
resolve as follows:
WHEREAS, the City Council by previous resolutions, initiated proceedings and declared its
intention to levy a proposed assessment increase (new maximum assessment) for "Zone 05 —
Sandcastles of the Palm Desert Consolidated Landscaping and Lighting District (hereafter referred to
as "Sandcastle Zone"), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part
2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (the
"Act") to pay for ongoing operation, maintenance and servicing of the existing lighting improvements;
new landscape improvements, and all appurtenant facilities related thereto; and,
WHEREAS, the Assessment Engineer selected by the City Council has prepared and filed
with the City Clerk, and the City Clerk has presented to the City Council a final Engineer's Report
and Assessment Diagram in connection with the proposed formation and levy of special benefit
assessments upon eligible parcels of land within the Sandcastle Zone, and the City Council did by
previous Resolution adopt and approve said Engineer's Report; and,
WHEREAS, the City Council desires to levy and collect assessments against parcels of land
within the District for the fiscal year commencing July 1, 2008 and ending June 30, 2009 (Fiscal Year
2008/2009), to pay the costs and expenses of the ongoing operation, maintenance, and servicing of
improvements determined to be of special benefit to the properties within the Sandcastle Zone, and
all appurtenant facilities related thereto; and,
WHEREAS, the City Council has conducted a property owner protest ballot proceeding for
the Sandcastle Zone assessments proposed to be levied commencing Fiscal Year 2008/2009 as
described in the Engineer's Report pursuant to the provisions of the California Constitution Article
XIIID (the "Constitution").
NOW, THEREFORE, BE IT RESOLVED by the City Council of Palm Desert,
California, as follows:
Section 1 That the above recitals are true and correct.
Section 2 Following notice duly given, the City Council has held a full and fair Public
Hearing regarding the new or increased assessments for the Sandcastle Zone, the levy and
collection of assessments, and by Resolution approved the final Engineer's Report prepared
in connection therewith; and has considered all oral and written statements, protests and
communications made or filed by interested persons. The City Council, in accordance with
the provisions of the Constitution, has determined that majority protest does not exist for
the new or increased assessments for the Sandcastles Zone so presented.
Section 3 Based upon its review (and amendments, as applicable) of the Engineer's
Report, which has been filed with the City Clerk, the City Council hereby finds and determines
that:
3a) The land within the Sandcastle Zone will receive special benefit from the operation,
maintenance and servicing of landscaping and lighting improvements, and all appurtenant
facilities related thereto as described in the Engineer's Report.
3b) The Sandcastle Zone as defined by the Assessment Diagram contained in the Engineer's
Report includes all of the lands receiving such special benefit.
3c) The net amount to be assessed upon the lands within the Sandcastle Zone has been
apportioned by a formula and method which fairly distributes the net amount among all
eligible parcels in proportion to the special benefit to be received from the various
improvements and services to be provided commencing with Fiscal Year 2008/2009.
Section 4 The City Council hereby orders the proposed improvements as described
within the Engineer's Report to be made. Said improvements generally include, but are not
limited to, the maintenance, operation and sen-icing of the local landscaping and lighting
improvements established or installed for the special benefit of the properties therein. The
maintenance and servicing of the improvements generally include, but are not limited to, the
materials, equipment, utilities, labor, and incidental expenses required for the annual
operation, as well as the performance of periodic repairs and replacement activities as
needed to provide for the growth, health, and beauty of landscaping and/or the proper
operation and functioning of lighting, irrigation, and drainage systems.
Section 5 The maintenance, operation and servicing of improvements shall be performed
pursuant to the Act and for Fiscal Year 2008/2009, the County Auditor of Riverside shall enter
on the County Assessment Roll opposite each parcel of land the amount of levy so described
in the final Engineer's Report, and such levies shall be collected at the same time and in the
same manner as the County taxes are collected. After collection by the County, the net amount
of the levy shall be paid to the City Treasurer.
Section 6 The City Treasurer shall deposit all money representing assessments collected
by the County for the Sandcastle Zone to the credit of a fund for the Sandcastle Zone, and
such money shall be expended only for the maintenance, operation and servicing of the
improvements as described in the Engineers Report and generally described in Section 4 of this
Resolution.
Section 7 The adoption of this Resolution constitutes the approval of the new or
increased assessments for the Sandcastle Zone, the boundaries of which are contained in the
Assessment Diagram; the establishment of the maximum levy per EBti and annual inflationary
adjustment connected therewith; and the assessments for the fiscal year commencing July 1,
2008 and ending June 30, 2009, as described in the final Engineer's Report and adopted by the
City Council based on the results of the protest ballots received from the property owners of
record as part of the majority protest ballot proceeding conducted for said assessments.
Section 8 The City Clerk shall certify to the passage and adoption of this Resolution, and
the minutes of this meeting shall so reflect the City Council's approval of the new assessments
for the Sandcastle Zone; the adoption and confirmation of the Assessment Diagram; and the
establishment of the maximum assessments and annual inflationary adjustment and the levy of
assessments for Fiscal Year 2008/2009 as described in the Engineer's Report.
Section 9 The City Clerk or their designee is hereby authorized and directed to file the
levy of assessments for Fiscal Year 2008/2009 with the County Auditor of Riverside upon
adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council,
held on this 10th day of July, 2008, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAINED:
JEAN M. BENSON, Mayor
City of Palm Desert, California
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
CITY OF PALM L7ESERT
SUPPLEMENTAL ENGINEER'S REPORT
PROPOSED IMPROVEMENT CHANGE AND
ASSESSMENT INCREASE �
ZONE 05 - SANDCASTLES
OF THE
CONSOLIDATED PALM DESERT
LANDSCAPING AND LIGHTiNG DISTRICT
COMMENCING FISCAL YEAR 2008/2009
_ �;�7�.._._
�.�,
- - v
INTENT MEETING: Mav 22, 2008
PUBLIC HEARING: Ju�v 10, 2008
� MuniFinancial
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Temecula, C.�1 92590 Los.�ingeles Regional Office Sacramento,C.-1
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Tel: (800) 755-AIUNI (6864)
Faa: (951) 587-3510
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TABLE OF CONTENTS
�NGINEER'S I�POR7 AFFIDAVIT............................................................1
INTRODUCI'ION.....................................................................................2
PAR'I'I - PLANS AND SPECIFICATIONS ..................................................5
OVERVILW OF"I'HE CONSOLIDA"I'�D DIS1'RIC1' S
DESCRIPTION OF TI��AFrECT'I-�D TERRI"1'ORY 5
IMPROVEMENTS AND SERVICES 5
PART II - METHOD OF APPORTIONMENT.............................................9
BENEPIT ANALYSIS �
ASSESSMFNT METHODOLOGY 11
ANNliAL INFLATIONARY ADJUSTMENT 12
PART III - PROPOSED BUDGET...........................................................13
PART IV -BOUNDARY DIAGRAM........................................................14
PART V -ASSESSMENT ROLL...............................................................16
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Cii�'nF Palm l�csert 7,c>ne 05---tiandcastics
I�ormatior I�.ngineer's ReZ�ort
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ENGINEER ' S REPORT AFFIDAVIT
CITY OF PALM DESERT
Pi•oposed Iinproveinent Change and Assessment Increase for
ZONE 05 — SANDCASTLES
CONSOLIDATED PALM DESERT LANDSCAPING AND LIGHTING DISTRICT
Commencing fiscal year 2008/2009
7'his IZeport and the enclosed budget, assessments, diagram and descriptions outline the proposed
change in improvements and resulting assess�nent increase for Zone 05 — Sandcastles of the
Consolidated Palm Desert Landscaping and Lighting District, that includes each lot and parcel of
land�vithin Tract 21338-1 and the District, as the same existed at the time this Report was prepared.
Reference is hereby made to the Riverside County Assessor's Parcel Maps for a detailed description
of the lines and dimensions of each lot and parcel �vithin 'I'ract 21338-1 and the District. The
undersigned respectfully submits the enclosed Report as directed b}� the City Council of the City of
Palm Desert.
Datcd this day of , 2008.
Munil�inancial
Assessment Fngineer
On Behalf of the City of Palm Desert
By:
Jim McGuire
Senior Project Manager
�y:
Richard Kopecky
R. C. E. # 1 G742
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INTRODUCTION
The City Council of the Cit�� of Palm I�escrt, Count�� of Riverside, Statc of California (hereafter
teferrec3 to as "Cit}'") pl'e��iously formcd and annually le��ies �nd collects special benefit assessments
on pro�crties ��,nchin the Consolidated Palm Desert Landscaping and Lighting District
(hereafter refrrred to as "Consolidated District") pursuant to the provisions of the Landscape and
Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code,
commenctng wtth Section 22500 (hereafter referred to as the "1972 Act"), and in compliance with
the substanuve and procedural reyuirements of Article XIIID of the California State Constitution
(hercafter referred to as the "California Constitution"). In general, the Consolidated District
provides for the continued inaintenance, seivicing and operation of specific landscaping and lighting
improvements associated �t�ith and for the special Uenefit of various properues and developments
within the Consolidated District. The District is currently comprised of thirteen (13) 7.ones (7ones
02 through 09; 11; and 13 through 1(�) of which "Loncs O5, 06 and 16 are further divided into
Subzones (Currendy a total of 33 Zones and Subzoncs).
This I:ngineer's Report (hereafter referred to as "Report") has been prepared in connection �uith a
proposed change in improvements and services, resulting in a proposed assessment increase for
properties within:
Zone 05 — Sandcastles
Consolidated Palm Desert Landscaping and Lighting District
(hereafter referred to as "Sandcasdes" or"Sandcastles Zone'�,which includes the lots and parcels of
land�uithin the residential development designated as Tract 21338-1.
The Sandcasdes 7one �vithin the Consolidated District is currently assessed annually for the
maintenance and operation of the local street lights installed in connection with the development of
properties within Tract 21338-1. For Fiscal Year 2008/2009 the City proposes to expand the
existing improvements and services to include parkway landscaping at the entrance to the
development. Although these parkway areas are within the street right-of-tvay, the maintenance of
these areas have historically been provided by the adjacent home owners and were not identified as
part the 7'ract's public im�rovements and therefore not included as part of the Sandcastles'
assessments. 13ecause these landscape areas have been the responsibility of several adjacent property
owners, there is no consistency in their appearance or level of maintenance which has impacted the
overall appearance of the tract. "1'herefore, the City proposes to fund the renovation of the parlcway
landscaping and conversion of the irrigation system at the entryway to the development including
the north side on Novley Lane, east of Carlotta Drive; and the east side of Carlotta Drive between
Hovley Lane and �asy Strect; provided the property owners within Sandcastles are willing to
support an increase to their existing annual assessments to support the ongoing maintenance and
operation of those improvements.
This Report describes the District, the improvements, and the proposed assessments to be levied
against properties in connection with the special benefits the properties will receive from the
maintenance and servicing of the District improvements. Thc proposed new annual assessments co
be levied on properties �vithin the Sandcastles Zone will provide a funciing source for the continued
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c>��cration and maintenance of the exiscin�� strect 1i�hts and ��roposecl lan�lsca}�e areas fe�r the special
bcncfit of thc�sc properties.
"1'he �vord "parcel," for the I�urposes of this Report, refers to an indi��idual ��rc�perty assigned its own
.lssessor's Parcel Number (APN) b}' the ]ti��ersidc Counh• Assessoi's Office. The Ri��erside County
Auditor/Controller uses rlssessor's Parcel Nuinbers and specific I�und Numbers to identify
pro��erues to be asscssed on the taa roll for the special bcnefit asscssmcnts.
]�ursuanr to the provisions of Artzcle XIIID, Section 4 of d1e California Constitution the City shall
conduct a property o���ner protest ballot proceeding (referred to as "Iiallot I'roceeding") for thc levy
of the proposed assessment increase (new assessments) as described in this Report., In conjunction
with this Rallot Proceeding, the City Counci] will conduct a noticed public hearing to consider public
tesuinotlies, comments and ta�i-itten protests regarcli�lg che proposed change in improvements and
ser�•ices, and the levy of the proposed new assessments. Upon conclusion of the public hearing,
property owncr protest ballots reccivcd �vill be opened and taUulated to determine whether majority
protest exists:
"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. In
tabulating the ballots, the ballots shall be weighted according to the proportional financial
obligation of the affected property."
After compledon of the ballot tabulation, the City Council v,nll confirm the results of the balloung.
If majority protest exists, the proposed asscssment increase shall be abandoned, but the City may
continue to levy and collect annual assessments for the street lighting associated with the Sandcasdes
at an assessment rate equal to or less than the previously approved maximum assessment rate
established. If tabulation of the ballots indicates that majority protest does not exist for the
assessment increase (including the assessment range formula presented and described herein), the
Cit}� Council may: approve this Report as submitted or amended; order the ncw improvemcnts to be
made; and confirm and order the levy and collection of assessments. In such case, the assessments
for fiscal year 2008/2009 as approved or amended by the City Council shall be submitted to the
County r�uditor/Controller for inclusion on the property tax roll for each affected parcel.
L.ach suUsequent fiscal year, the engi�ieer's report for the Consolidated District that is presented to
the City Council will address an}� proposed changes to the 7ones and improvements within the
Consolidated District, including 7one 05 — Sandcastles, as well as any proposed changes to the
budgets and assessments for that fiscal year. The City Council shall hold a noticed public hearing
rcgarding these matters prior to approving and ordering thc lev}' of assessments.
'1'his Report consists of fivc (5) parts:
Part I
Plans and Specifications: A description of the boundaries of the Sandcastles 7.one of the
Consolidated Disttict and the improvements, including the existing improvements and proposed
new landscape areas to be maintained.
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Part II
The Metliod of Apportionment: .� discussion of benefits thc improvemcnrs and scil�ices J�r�vidc
tc� j�ro��erties tivitl�in the llistrict and the method of calculating each pro�ere}''s ��roporti�nal special
benefit and annual assessment. 'l�his secuon also identifies and c�utlines the .�ssessment Range
�'ornnila that provides for an annual adjustmcnt to the initial maximum asscssment rate identificd in
this Rep�rt, thereby establishing set limits on future assessments, but also pro�-iding for reasonablc
cost adjustments due to inflation.
Part III
The Proposed Bud�et: An estimate of the annual costs to operate, maintain, and ser��ice the
landscaping and lighting improvements and appurtenant facilities. "I'his budget includes an estimate
of anticipated annual direct maintenance costs and incidental expenses including, but not limited to
labor, materials, equipment and administration expenses as �vell as the collection of appropriate fund
balances necessary to support the improvements �vithin Sandcastles. The proposed maximum
asscssment (Rate per Equivalent Benef t Unit) identified in the budget of this Report, establishes the
new maximum assessment rate for fiscal year 2008/2009 and shall be adjusted annually by the
Assessmcnt Rangc Formula described in the method of apportionment.
Part IV
Boundary Dia�ram: R Diagram showing the extenor boundaries of the Sandcastics 7one is
provided in this Report and includes all parcels that will receive special benefits from the
improvements. Parcel identification, the lines and dimensions of each lot, parcel and subdivision of
land within the Sandcasdes Zone are shown on the Riverside County Assessor's Parcel Maps, and
shall include subsequent subdivisions, lot line adjustments or parcel changes therein. Reference is
hereby made to the Riverside County Assessor's Parcel Maps for a detailed description of the lines
and dimensions of each lot and parcel of land within the Sandcastles 7one.
Part V
Assessment Roll: A listing of the parcels and calculated assessment amount to be presented to the
property owners of record within the District as part of the protest ballot proceedings required
pursuant to the provisions of the California Constitucion. The proposed assessment amount for
each parcel is based on the parce]'s proportional special benef t as outlined in the inethod of
apportion�nent and thc proposed initial maximum assessmcnt ratc.
- -- — - - -- ---- j�`1�`,�--
�MuniFnancial
(.ih c,f]'alm lle�err %one Oi-._ tiandcasde�
I�r,rmarion]�nginccr's Re��urt
Fiscal 1'ear 200ti/2009
PART I — PLANS AND SPEClFlCATIONS
OVERVIEW OF THE CONSOLIDATED DISTRiCT
In general, the Consolidared District provides for the continued maintenance, sei-��icing,
ac3ministration and oper�tion of s�ecific landscaping and lighting improvements and associated
appurtenances for each of the rhirteen (13) Gones (Iones 02 through 09; 1l; and 13 through 1G) of
which T ones O5, 06 and 1 G are further dividcd into SuUzones (Currently a total of 33 l ones and
SuUzones). .
i�lost of the 'Lones and Subzones �vithin the Consolidated District were originall}' established in
connection with the development of properties �vithin those Zones or Subzones to fund the
improvements installed in connection with �hose de�-elopments. The City provides for the annual
maintenance, servicing, and administration of the Consolidated District and improvements through
the annual le�y of special benefit assessments for each of the various Zones and Subzones. The
assessment revenue collected in each respective Zone and/or Subzone funds only the improvements
and costs of that Zone and/or Subzone.
DESCRIPTION OF THE AFFECTED TERRITORY
"I'he territor5� within the Sandcastles "Lone (Subaone of Zone 05) of the Consolidated District is
located in the central portion of the City,north of Hovle}' I.ane East and generally south of Countr}�
Club Drive and Sandcastle I.ane, and west of Eldorado Drive and Harrison Drive, and west of
Carlotta Drive. The District includes the lots and parccls of land identified as Tract 21338-1
(Sandcastles),which includes forty-one single family residential properties.
The parcels of land that comprise the Sandcasdes development are idenafied on the Riverside
County r'�ssessor's I'arcel Maps as Book 655, Page 36: I'arcels 632-361 (001 through 039); and 632-
362 (001 and 002).
IMPR�VEMENTS AND SERVICES
improvements and Services Authorized by the 1972 Act
As generally defined by the 1972 Act and may Ue applicable to this District as well as the
Consolidated District, the improvements and associated assessments may include one or more of
the follo�ving:
• The installation or planting of landscaping;
• The installation or construction of statuary, fountains, and other ornamental structures and
facilities;
• The installation or construcuon of public lighting faciliues including, Uut not limited to street
lights and traffic signals;
- --- --- ---- Page 5
�lVlu�iFinancial
(:itr c�F P:ilm 1)cscrt l.c,nc(�5-- ti;mcicastics
14�rn�an<,n l:n�ineci's Re��uri
FiscJ 1'esir 3(1OS/2009
� 1'hc installati�n or cc>nstrucuon of �in�� facilitics ���hich arc� ���I�urtenant to an�� �f thc
Corc:goinfT c�r���hich are necessar�� or c��n�-cnient for th� maintenance or ser��icing th�rec�f;
• '1'he installation of parl; �>r•rec►-ea[iona] iin��rovemctits, includi�ig, but not ]imited to, all of the
following:
➢ ],and preparation, such as grading, le��eling, cutting and filling, sod; landscaj�ing, irrigation
s��stems, sicle�valks, and drainage.
> Lights, playgrouild equipinent,play courts, and public restrc�oms.
• 'The acquisiuon of land for park, recrea�ional, or open-space purposes c�r any existing
impro��ement other�vise authorizcd pursuant to this section.
• The maintenance or servicing, of an}' of the foregoing including the furnishing of sen�ices
and materials for the ordinar}� and usual maintenance, operation, and servicing of an��
improvement including but not liini[ed to:
v Repair,removal, or replacement of all or any part of any unprovements;
➢ Grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls,
sidewalks, or paving, or water, irrigation,drainage, or electrical faciliues;
v I'roviding for the life, growth, health, and beauty of landscaping, including cultivation,
irrigation, trimming, spraying, fertilizing, or treating for disease or injury;
➢ The removal of trimmings, rubbish, debris, and other solid waste;
➢ The cleaning, sandblasting, and painting of walls and othcr improvements to remove or
cover graffiti;
➢ Flectric current or energy, gas, or other illuminating agent for any public lighting facilities or
for the lighting or operation of any other improvemcnts;
� ��later for the irrigation of any landscaping, the operation of any founcains, or the
maintenance of any other improvements.
+ Incidental expenses associated with the improvements including, but not limited to:
➢ "The costs of the report preparation, including plans, specificat�ons, estimates, ciiagram, and
assessment;
v "1'he costs of printing and advertising, and publishing,posting and mailing of notices;
➢ Compensation pa��able to the County for collecuon of assessments;
➢ Compensation of any engineer or attorney employed to render services;
y An}� other expenses incidental to the construcuon, installation, or maintenance and servicing
of the improvements;
➢ Costs associated�vith any elections held for the approval of a new or increased assessment.
_ .- -- - — — -- I����—�—
�MuniFinancial
Cir�•c�i Palm Dcscrr �onc(1S—ti;indcasrles
i�c�rma�ion f:ngineer's Re��c>rr
l�i.cal�'e;ir�'UOS/2009
Description oi the Proposed Improvements
C;enerally, the Consolidated I�istrict was established to ensure the onguing maintenance, operati�n
and servicing of loc�l landscaping and lighting impr�vements by the (:ity, that �vere established or
installed in connection with development of various ��roperues and nacts wirhin the Cit}' for the
benefit of those respective pro�erues. "1'he im�rovements originall>> installed as �art of Sandcastles
and maintained b�� the Cit�� through the Consolidated llistrict involved only the street lighting�vithin
or adjacent to the dcvelopment and arc: currently funded entirel}' through the existing annual
assessments. Commencing v,�ith Fiscal Year 2008/2009, the City is proposing to renovate and
upgrade the parklvay landscaping at the encrti�way to the de��elopment utilizing funds available to the
City fiom other sources. However prior to undertalcing these renovaUons, the property owners
within Sandcastles must be u�illing to support an annual assessment increase that �vould fund the
ongoing maintenance and operauon both the exisung street lights and the additional (landscaping)
i�nprovements.
"I'lte maintenance and ser��icing of the improvements shall generall}� include, but is not limited to all
materials, equipment, utilities, labor and incidental expenses including administrative expenses
re9uired for the annual operation, as well as the performance of periodic repairs, replacement and
exj�anded maintenance activities as needed to provide for the proper operauon and funcuoning of
the lighting system and the growth, hcalth, and beaut}' of landscaped arcas to be maintained. 'I'he
proposed improvements For the Sandcasdes include:
Existing Improvements
The exisung annual assessments for properties within Sandcastles currendy fund the operation and
inaintenance of local public streec lighting improvements associated with Tract 21338-1 including:
• The eleven (]1) street lights located within or adjacent to the tract, which are located on or
near the following streets: I3ovley I_ane �ast; Carlotta llrive; Easy Street; Dolmar Court;
Duval Court;and Sandcastle Lane.
1'he maintenance and operation of chc lighdng facilities may include put are not limited to: providing
electrical energy; and as needed, repair and maintenance of lighting fixtures, poles, meters, conduits,
electrical cable and associated appurtenant facilities associated with the lights.
Proposed Landscape Improvements
1'he proposed landscape improve�nents to be funded by the assessments may include, but is not
limited to: shrubs and plants; trees; ground cover (both hardscape and vegetation); irrigation system;
related sidewalks, fencing; entrywa}' monuments or other ornamental structures; and associated
appurtenant facilities located within and associated with the landscaped areas within Tract 21338-1
that will be maintained by the District,including:
• Streetscape (parkwa}�) areas totaling approximately 2,945 square feet of landscape surfaces
including:
v Approximately 1,560 square feet of irrigated landscaping on the north side of Hovley Lane
East, east of Carlotta Drive to the eastern boundaiy of Z'ract 21338-1 (A distance of
approximately 312 Linear I{cet); and
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�MuniFinancial
(:v� of Palm l�csert `/,c�ne(�5—ti,indcasrle�
l�orms�cion 1•:n7incri's Rc��urr
l�iscal 1'ear 2UOS/2O09
' ',I'!"��'�imately 1,3�5 sc�uare fe�t of irrigat.ed landscapin� ancl erees on the east side c�f
Carlotta I�rivc, b�t�veen IIo�-1ey ],ane I?ast and l:as�� Strcct (:1 diseance oCapprc»imatel�, 277
I,in�ar l��ect).
i�laintenance of the landscape im��ro��ements generall�� inciudes the furnishing of services and
materials for thc ordinary �nd usual maintcnance, operation, 111Cj seivicing of thc im�rovements
IIICIU(�lil� }3Uf IIOt limited to: cvltivation, irrigation, trimnung and fcrtilizing of thc plant material;
treating for disease or injury; �veed and ��ecror conuol; normal repair and servicing of the irrigauon
s��stem; remo��al of rrimmings, rubbish, debris, and other solid waste; and removal or covering of
graffiti on related hardscape facilities; as �vell as the performance of periodic re��airs, replacement
and rehabilitation activities (availaUle funding permittin� that are associated with those
improvements.
Documentatron and maps of the ]ocation and extent of the proposed improvements to be
maintained by the District are on file at the City of Palm Desert Public �X/orks Department and by
refcrence are made part of this Report.
Excluded Improvements
The proposed landscape unprovements for Sandcastles, does not include the parkway areas on
Carlotta Drive between Easy Street and Sandcastle Lane. These parkway areas are considered part of
the side }'ards of the adjacent residential properties and shall continue to be maintained by the
property owners.
-- - ------ --— ------ --- - 1'age S
�MuniFnancial
(;ir� of Palm l�escrt I<>nc 05-- tiandrastics
I�cn'ma�i��ii l;n�irccr's Rcl���rt
l�i.c;il Year 30;)8/200�)
PART I ( — METHOD OF APPORTIONMEt�lT
"1'he 1972 Act I�er�nits ihe establisli�nent of assessment districts U�� agencies for rhe pur(�ose of
rro��iding certain public improvements, which includes the const:ruction, maintenance, and sen�icing
of�ublic lights, landsca�ing, parks ancl a��l�urtenant facilirics. "1'he 1972 Act further reyuires chat the
cost of these improvcments be levied according to benefit rather than assessed value:
"The net amount to be assessed r�rpon.lands within an assessment district may be apportioned
by any formula or method wl�ich fairly distributes the net amoNnt among all assessable lots
or parcels in proportion to the estimated benefits to be received by each such lot or parcel
from the improvements."
The method of apportionment described in this Report for allocation of special benefit assessments
utilizes cotnmonl}� accepted e�igineering pracaces and have been established pursuant to the 1972
Act and the provisions of the California Constitution. "1'he formula used for calculating assessments
in this District and each "Lone of the Consolidated District reflect the composition of the parcels,
and the improvements and services provided, to fairl}� apportion the costs based on benefit to each
parcel.
BENEFIT ANALYStS
Each of the proposed improeements, the associated costs, and assessments have been reviewed,
identified and allocated Uased on special benefit pursuant to the pro��isions of the ]972 Act and the
California Constitution. The improvements to be provided within the Sandcastles Zone and for
which properties will be assessed have been identified as local improvements specifically associated
with the development of properties within Tract 21338-1 and as such, the ongoing operadon,
servicing and maintenance of these improvements directly effects those properties. Therefore, it is
reasonable to conclude that the annual costs of ensuring the maintenance and operation of the
improvements are considered a distinct and special benefit to the residential properties within
Sandcasdes.
The method of apportionment (also referred to as the "method of asscssment") established hercin is
based on the premise that each assessed parcel within the Sandcastles 7one receives special benefits
from the improvements, and the desirability and security of those properties is enhanced by said
improvements, including the presence of street lighting and well-maintained landscaping in close
prvxi�nity> to the properties. As defined by Arucle XIIID, Secuon 4 of the California Constitution:
"Special benefit means a particular and distinct benefit over and above general benefits
conferred on real property located in the District or to the public at large."
Special Benefit
The special benefits associated�vith landscape improvements are specifically:
• rnhanced desirabilit}'of propertics through association with the improvements;
• Improved aesthetic appcal of properties pro��iding a positive represcntauon of the area;
- - - - ---- Page 9
�M�niFnancial
Cii��r,f 1'alm 1)cscrt %,onc(l�--Ssnilc,istic>,
l�orn:ariui; 1:il�inecr's IZcpc�ci
I�iscal S�car 30US/3b(l�l
• 1=,nl�anced �c�aptation c�f nc� url�an em-ir<>nmcnc �vithin the natural cnvir�nment from
acl�c�uatc �;rccn s��ace and lancisca��ing;
• Lm�ironinen�al enhancement throu�;i� im��rc>ved erosion resistance, dust and debris coiitrol;
• Increased sense of pride in ownership of �roJ�erh� �uithin the C:onsc�lidated District and
I�istrict rrsulting from �yell-maintained improvements associateci �vith the properties;
• Reduced criminal accivity and property-related crimes (especially vandalis�n) against
propertics through w•ell-maintained surroundings and amenitics including abatement of
graffiti; and
• �nhanced �nvironmental 9uality of the parcels by moderating temperatures, proviciing
oxygcnation and attenuating noise.
rldditionally, the special Uenefits of street lighung consist of the convenience, safety, and security of
propertics,improvements and goods,including:
• Fnhanced deterrence of crime, and an aid in police protection;and
• Increased nocturnal safety on roads and streets;and
• Improved visibility for pedestrians and motorists; and
• Improved ingress and cgress to properaes; and
• Reduced��andalism and cruninal acts towards improvements and properties;and
• Improvcd traffic circulation; and
• Reduced nocturnal accidents and personal property loss.
Z�e preceding special benefits contribute to the overall aesthetic value, security and desirability of
each of the assessed parcels and thereby provide a special enhancement to those properties.
Furthermore, it has been determined that the lack of funding to properly service and maintain such
impro��ements�vould likely have a direct negative impact on those properties.
General Benefit
In reviewing the improvements and the pro�:imity of those unprovcments to properties within the
proposed District as well as adjacent properties outside of the boundaries of the District, and the
reasons for installing and constructing such improvements;it is apparent that the need to maintain these
�articular improvements are exclusively a local issue and are associated with only the parcels within the
Sandcasdes subdivision, and the condition of these unprovements and the level of service provided�vill
ciirecdy affect only those properties.
Although the improvements arc within public areas or easements that may be available or visible to
the public at large, these improvements are not necessarily required nor desired by an�� properties or
devclopments outsidc the development. As such, it has bcen determined that these improvements
provide no measurable benefit (special or general) to properties outside the District or to the public
at large,but are clearl}� a distinct and special benefit to only properties within the Sandcastles Zone.
- ------- -- — Prrge 1C
�iVluniFnancial
Cih�of Palm 1)cscrt %:onc US— Sandcastles
�ormati��n l�.nginecr's ltc�iori
I�iscal 1�ear 3UOSi 3009
ASSESSMENT METHDDOLOGY
t'��on re�•ie�v c�f the I�roposcd improvements, it has been determined that each of the residential
I�arcels �vithin the Sandcasdes 7.one ��,�ill receiv� subsCantiall}> cimilar and prop�rci�nal special
benefits from the im�ro��ements to be provided. 1'1s such, the L-:cluivalent I3enefit Unit (hercafcer
referred ro as the "L�:I3tJ") method of apportionment that �vas �rc��iously estaUlished for the
Consolidated l7istrict, continues to be an �ppropriate calctilation of special Uenefit for each lot or
J�arcel within the Sandcasdes ".l.one. "I'his method of a�portionment uses the single-famil�� home site
as the basic unit of assessment with each individual single-family residendal Properry Ueing assigned
one (1.00) �;BU. All other land uscs are assigned a pro��ortionatcl�� weighted LI3U based on an
assessment formula that equates the properri�'s specific development status, type of develop�nent
(collectivel}� referred to as `9and use"), and property size as compared to a single-fainil�� home site.
"I'he LIIU method of apportioning bcncfit is t}�pically viewed as one of the most appropriate and
equicable assessment methodologies for districts formed under the 1972 Act, as the benefit to each
parcel from the improvetnents are apportioned as a function of various components, including land
use type, size and development. Each parcel within the Consolidated District and this Zone
specificall��, is assigned a land-use classification based on availaUle parcel information obtained from
the County Assessor's Office and City records and is assigned a calculated LBU based on that parcel
information. The ��BU application by land use for the (:onsolidated District and applicable in whole
or in part to the Sandcasdes Zone is summarized b}' the follo�ving table.
LAND L.,'SE /CQUIVALEN'1' 13ENEI�'I"1'UNITS
EBU Multiplierto
Property Type Factor Calculate EBU
Single Family Residential 1.00 Per Unit/Parcel
Single Family Vacant Lot 1.00 Per 1'arcel/Lot
Condominiums 0.80 Per Unit
Commercial 6.00 Per Acre
Residential and Commercial Vacant 0.30 I'er Acre
Faempt 0.00 Per Parcel
Exempt parcels include easements and landscaped areas or common areas.
The Sandcastles "Lone consists of only Single l�amily Residential (developed) properties and
therefore each parcel is assigned 1.00 EBU. "I'he following formulas are used to calculate each
property's assessment amount within this District and the Consolidated District:
Total Balance to Levy / Total EBU = Levy per EBU (Rate)
Parcel EBU x Levy per EBU = Parcel Levy Amount
--- --- - —— Pnge 11
�MuniFinancial
(:ii}•c�t Pa�n Uesert l.�,ne 0�—Sancica�tle<.
]'oruiation Ln�inccr's Rcl�ort
I�is�sil 1'cxr 30/18/20(l9
ANNUAL lNFLATIONARY ADJUSTMENT
It is recognized that �nost costs assc>ciated wich the n�aintenance and operation �f ��ublic
improvemcnts �vill ultimately be vn�actcd b}� inflation in subscc�uent ��cars. in an effort to minimi•r.e
this im��act, a formula for an inflation adjustme�lt has been incorporatecl and included as j�art of thc
apl�roved assessments for the ��arious Zones aiid Subzones of tlie Consolidated 1'alm Desert
Landscaping and Lighting District "l�his previousl5� adopted inflatic>nary formula is described below
and �uill bc ap��licd and contiiiucd as j�art of thc proposed asscssmcnt atid annua] inflationary
adjustment for the Sandcastles 'Lone and ��ill be presented to property o�vners of record for
approva] as part of the proposed assessment increase commencing in fiscal year 2008/2009.
New or increased assessments reyuire certain noticing, meeting, and Ualloung reyuirements.
Ho�uever, Government Code Section 54954.6(a) provides that a `new or increasec�assessment" does
noc include "an assessment which 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 ts imposed." This definition of an increased assessment was later confirmed by Senate
I3il1 919 (the Implementing Legislation for Proposition 218).
The Consolidated District and its Zone and/or Subzone assessments include a formula for
increasing assessments for each future fiscal year to offset increases in costs due to inflation. "1'his
assessment adjusunent formula complies with the above referenced Government Code Section and
was approved by the City Council and the property owncrs within the various Zones and Subzones
of thc Consolidated District.This formula is described below:
The ma�imum assessment amount allowed for each fiscal year shall be increased in an amount equal
to the lesser of: (1) three percent (3.0%), or (2) the annual percentage increase of the Local
Consumer Price Index (CPI) for "All Urban Consumers" for the Los Angeles-Riverside-Orange
County Area.
Each fiscal year the City shall identify the percentage difference between the CI'I on Januaty 1 of
each year and Cl'I for the previous Januaty 1 (or similar time period). This percentage difference
shall then establish the range of increased assessments allowed based on CPI. Should the Bureau of
Labor Statistics revise such index or discontinue the preparation of such index, the Cit}� shall use the
revised index or comparable s}'stem as approved by the City Council for determining fluctuations in
the cost of living.
The fact that an assessment range formula is adopted for the Consolidated District and this
District's assessments does not require that the adjustment be applied each year, nor does it restrict
the assessments to the adjusunent amount. In the event that the City Council determines that an
inflation adjustment is not required for a given fiscal ��ear, the City Council ma}' authorize the
assessment without applying the adjustment formula to the amount levied. If the budget and
assessinents require an increase greater than the adjustment set forth in the formula, then the
proposed increase would be subject to approval by the property owners. Each fiscal }'ear, the
maximum assessment rate shall increase at the maximum amount allowable regardless of whether or
not the increase is levied to the parcels within the District.
- -- -- - — - 1����1�—
�MuniFnancial
C:ii�'c>f Palin l�cscrt "l.onc 05---Sandcastles
I'�ll'177flU0Il�'.Il�li]CCI''ti Repurr
1']ti[.l��C:11'�U�)H����9
PART II I — PROPOSED BUDGET
"1'he follo�aing budget c�utlines rhe Ci�}''s estimate of anticipzted expenditures, dcGcits, surpluses,
revenues, and rese�l�e fund Ualances associated with �roviding appropriate and ade9uate annual
maint�nance and operation of the improvements. The resulting �roposed maximum assessment rate
presented herein shall be used to calculate each parcePs proportional assessmen[ obli�ation in
accordance with the method of apporuonment outlined in this Report. 1'his proposed new
maximum assessment rate shall be J�rescnted to the property owners of record as part of a protest.
ballot proceeciing for the proposed assessment increase. ,
SandcasUes � Sandcastles
Tract 21338•1 � Trect 21338•1
BUDGET ITEMS (M1�aximum) I FY 2008109
ANNUAL MAINTENANCE(DIRECT COSTS)
Parkway Landscaping Maintenance 1,497 1,497
Tree Maintenance 369 369
Landscape Utilities(Water/Electricity) 486 486
Miscellaneous Materials&Equipment 46 46
Annual Lighting Expenses 1,741 1,741
Annual Landscaping 8 Lighting Expenses 4,139 4,139
ADMINISTRATION
City's Administration Expenses 1,043 1,043
Cou�ty Administration Fee 33 33
Miscellaneous Administration Expenses �� ��
Total Administration Expenses 1,087 1,087
REPLACEMENTIREHABILITATION FUNDING
Collection fw Landscape Rehabilitation/Replacement 147 147
Colledion for Tree Rehabilitation/Replacement 284 284
Colledion for Lighting Rehabilitation/Replacement 165 165
Estimated Capital Improvement Expenditures - 20,000
7otal Rehabilitation/Replacement Funding 596 i 20,596
LEVY ADJUSTMENTS
Reserve Fund Adivity—(Oeduction)/Collection 291 291
Revenues from Other Sources{Contribution) - (20,000)
General Benefit(Contribution) - -
Total Levy Adjustments 291 (19,709)
Balance to Levy $ 6,113 $ 6,113
Amount To Be Balloted $ 6,150.00
Total Parcels 4t 41
Parcels Levied 41 41
Total Benefit Units(EBU) 41.00 41.(�1
Levy per EBU s �a�.�o $ 149.10
Proposed Maximum Levy per EBU $ 150.00 � 150.00
Current Maximum Levy per EBU � 57.0602 5 SZOGo2
— ---- ---- --- Pagc 1?
�MuniFinancia!
Citc<�f I'alm 1)cscrt 'l.c,nc O5-- Sancicasrlcs
I��,rm:,rion i;n,�incci's lte��ort
1'iscal�'car 3;108�3f1�9
PART IV —B �UNDARY DIAGRAM
A lioundar}' lliagram sho�t-in� the overall boundaries �} the Sandcastle 7onc is provided on thc
f�llowing ��age. Specific ��ircel ide�iuFication, the lines and dimensions of each lot, parcel and
subdi��ision of land unthin thc boundaries of the Sandcastles shall be inclusi��e of the corresponding
l�arcels shown on the Riverside C�unty 1lssessor's Parcel ,�1aps as they eaisted at the ume of the
passage of thc Resolution of Intention, and sha11 include all subscquent subdivisions, lot line
adjustments or parcel changes therein. Reference is hereby made to Part V of this report for a
listing of the parcels within the I�istrict that correspond to the Riverside County Assessor's maps.
— -- -. --- --- -------
Pagc 14
�Mut�iFinancial
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I�c�rmaiion 1{n�inrci's Rc�uu't
l�iscal Ycs�r 3UOFi/20U9
PART V -ASSESSMENT ROLL
]'arce] iclentiticadon, for eacl� lc�t or parcel ���ithin the l�iserict and subsequenth� lone 17 of the
Consolidated District, shall be die parcel as sho�vn on the IZiverside C;ounty Assessor I'arcel I�4aps
a»d the I'vverside Counry Secured "1'ax Roll for that fiscal year. The �roposed assessinent for each
parcel has been filed �uith the Cir>> C:lerk and lia��e been calculated in accordance �vith th� assessment
rate prescnted in thc budg�t and �he method of apportionment described in this Kcport.
Norr-assessable lots or parcels ma}� include go��ernmcnt oluned land; public uulity owned proJ�erty,
l�nd principally encumbered with public ri�ht-of-wa}'s or easements and deciicated common areas.
Thc assessrnent information for each parcel as outlined in this Report and confirmed by the City
Council, shall be incorporated inro the annual l�ngineer's Report for the Consolidated District and
submitred to the County r,uditor/Controller along with all other Consolida�ed JJistrict assessments
after the Consolidated District's annual Public Hearing to be included on the property tax roll for
Fiscal Year 2008/2009. If the parcels or assessment numbers referenced b}' this Report are re-
numbered, re-apportioned or changed by the County Assessor's Office after approval of this
Report, the ne�v parccl or assessment numbers wich the appropriate assessment amount will be
submitted to the County Auditor/Controller.
Assessor Proposed Proposed
Parcel Maximum FY2008/09
Number Situs No. Situs Street EBU Assessment Assessment
G32-3G]-001 75G87 E.-1SY S1' 1.00 $15U.00 $149.10
G32-3G1-002 75G95 E.�1SY ST 1.00 $150.00 �149.10
G32-3G1-003 75701 E.�S�'ST 1.00 $150.00 $]49.10
G32-3G1-004 75707 E.�1SY ST 1.00 �150.00 �149.10
G32-3G1-005 75713 E.-1SY ST 1.00 $150.00 $149.10
G32-3G1-OOG 7�748 F�SY ST 1.00 $1�0.00 $149.10
G32-3G1-007 75742 1?�Sl'tiT ].00 $]50.(� $]49.10
G32-3G1-008 75734 F.�SY ST 1.00 �150.00 $149.]0 •
G32-3G1-009 75728 E.�S1'S1' 1.00 $]50.00 $149.10
G32-3G1-010 75720 F-1SYST 1.00 $150.00 $14910
G32-3G1-0]1 75712 E.�S�'ST 1.00 �150.00 $149.10
G32-3G]-012 7570G E.�S�'ST 1.00 $]50.(H) $]49.10
G32-3G1-013 75700 EASY ST 1.00 $150.00 $149.10
G32-3G1-014 75G94 i._-�SY S1' �.00 $150.00 �149.10
G32-3G]-015 75G8G E.�1ti�'ST 1.00 $150.00 $149.]0
G32-3G1-0]G 75G85 I7()LAi.�1R C"f 1.00 $150.00 $149.10
G32-3G1-0]7 75G99 DOLnL-1R CT ].00 $150.00 $149.]0
G32-3G]-018 75715 DULi�L�1R CT 1.U0 $150.00 �149.]0
G32-3G1-019 75729 DOI,AL�R CT ].00 �150.00 $149.10
G32-3G1-020 75745 DOLAL�R CT 1.00 �150.00 �149.10
G32-3G1-021 75744 DO]_AL�R C"f 1.00 �150.00 $149.10
- --- - - ------ --�-----Pagc� 16
�MuniFinancial
(:ii�•o( Palir.Ucscrt Gnnc(!�-.. tiancica:,tics
14>rmarion 1?ngin�•e�'s Rc�x�rt
I�iscal l�c;ir 2(1!1S�?OU9
Assessor ]'roposed Proposed
Parccl Maximum FY2008/09
Nu�nber Situs No. Situs Street �13U Assessment Assessment
G32-3GJ-022 75730 DOL\I.�R C1' 1.00 �150.0O �149.]0
G32-3G1-023 75714 I�O].��L-11Z Cl' 1AU $150.00 $14�J.10
G32-3G1-1124 75G98 DO].��L�RCT ]AO $]�0.00 �149.10
G32-3G1-025 75G8G I�OL.�L-1R CT 1.00 $150.00 b149.](1
G32-3G1-02G 75GR3 DU\'.\I.CT 1.00 �150.00 �149.10
G32-3G1-027 7570] DU\'.-1L CI' ].00 $150.00 5149.10
G32-3G]-028 7571 i DU\'.1I_CT ]AO $150.00 �149.]0
G32-3G]-029 75727 DU\'.-1LCT lA0 $]50.00 $]49.10
G32-3G1-030 75743 DL'�':1L CT 1.00 $1�0.00 $149.10
G32-3G]-031 7�74G DU\'.�1LCT ].00 �150.00 �149.10
G32-3G1-032 75732 DU�'.�L C'1' 1.00 �150.00 �149.10
G32-3G1-033 7571G DU\'.�L CT 1.00 $150.00 $]49.10
G32-3G�-034 75G9G llU\'.1LCT 1.00 $]50.00 �149.10
G32-3G]-035 75G88 DU\'.�L CT 1.U0 $150.00 fO149.10
G32-3G1-03G 41550 C.�1KL()TTA 1.00 $150.00 �]49.10
G32-3G1-037 41520 C.�RL(.)TT.� ].00 5150.00 $149.]0
G32-3G1-038 75733 S.�1I`TDC.-1STI.E LN 1.00 $150.00 $149.10
G32-3G1-039 75741 S.�I`'DC.�STLE LN L00 $150.00 $149.]0
G32-3G2-001 75740 S.�I�'DC.-1STLE LN 1.00 $150.00 $149.]0
G32-3G2-002 75724 S.�I��DC.�tiTLE L\' 1.00 $150.00 $149.10
TOTAL 41.00 $6,150.00 �6,113.]0
-.. - --- ----- -----
--- ----- Prtgc 1 i
�MuniFinancial
Martinez, Gloria
From: Moeller, Charlene [CMOELLER@palmspri.gannett.comJ
Sent: Friday, May 30, 2008 1:30 PM
To: Martinez, Gloria
Subject: RE: Legal Notice - PH 07/10/08 - Res No. 08-36 Sandcastles L&L Dist. FY 08/09
Ad received and will publish on date(s) requested.
Charlene Moeller
Public Notice Customer Service Rep.
The Desert Sun Newspaper
750 N. Gene Autry Trail, Palm Springs, CA 92262
(760) 778-4578, Fax (760) 778-4731 _ .
Desert Sun leqals c(�.thedesertsun.com
& Desert Post Weekly dpwleqals(a�thedesertsun.com
The Valley's #1 Source in News 8 Advertising!
From: gmartinez@ci.palm-desert.ca.us [mailto:gmartinez@ci.palm-desert.ca.us]
Sent: Friday, May 30, 2008 12:28 PM
To: charlene.moeller@desertsun.com
Cc: mloredo@ci.palm-desert.ca.us; achavez@ci.palm-desert.ca.us; rstendell@ci.palm-desert.ca.us
Subject: Legal Notice - PH 07/10/08 - Res No. 08-36 Sandcastles L&L Dist. FY 08/09
PLEASE PUBLISH THE FOLLOWING:
NOT�CE OF PUBLIC HEARING
Resolution No.08-36-Declaring Its Intention to Add Landscape Improvements to Zone 05—Sandcastles of the Palm
Desert Consolidated Landscaping and Lighting District; and Declaring Its Intention to Conduct a Property Owner
Balloting on the Matter of a New or Increased Assessment Related Thereto Commencing With Fiscal Year 2008/2009
ONE T{ME IN THE DESERT SUN
Thursday,June 26, 2008
If you have any questions or need additional information, please call.
Thanks, Charlene!!
'l�?. �ri�r�icU 'l�"Ia-r�"vn.u�
[Lecuril� "l�c�chui�ian
Cit�:of Yalm lleser;
-3-51O 1'recl �l'arinr I)ri<e
1'al�it I)c�sc�ct:, C'alifi�rnia s�2.��G(�
i;(it,))Ii9�f>-tii>l I T':xt. 35 i�
gmarti ne•r.��ci.palm-desert.ca.us
1
RESOLUTION NO. 08-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DECLARING ITS INTENTION TO ADD LANDSCAPE
IMPROVEMENTS TO ZONE 05 - _SANDCASTLES OF THE PALM DESERT
CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT; AND
DECLARING ITS INTENTION TO CONDUCT A PROPERTY OWNER
BALLOTING ON THE MATTER OF A NEW OR INCREASED ASSESSMENT
RELATED THERETO COMMENCING WITH FISCAL YEAR 2008/2009
The City Council of the Ciry of Palm Desert (hereafter referred to as the "Ciry Council")
does resolve as follows:
Wf-IEREAS, the City Council pursuant to the provisions of the L•ar,dsraping arr,l
L ighting A d g�1972, �ng Part 2, Diu'siaa 1 S gF�tlae Califo�rva St�ts arr.�Higlnerz}s Ca� a�ro�rxing
�reith Sa�ian 22500 (hereafter referred to as the "Act"), did by pre.vious Resolution, initiate
proceedings for the proposed change in improvements for "Zone OS - Sandcasdes of the
Consolidated Palm Desert Landscaping and Lighting DistricY' (hereafter referred to as
"Sandcastle Zone"); and the proposed levy and collection of a new or increased assessment
related thereto; and,
WHEREAS, the City Council desires to change the improvements (add landscape
improvements) to the Sandcastle Zone; and to levy and collect increased assessments against
lots and parcels of land therein to pay the cost and expenses related to the maintenance,
servicing and operation of both the e�sting and new improvements that provide special
benefits to the parcels therein pursuant to the Act and the provisions of the Cali�orrrra
Ccvzstitutia+zAnideXIIID(hereafter referred to as the "Constitution"); and,
WHEREAS, the Assessment Engineer of Work has prepared and filed with the City
C1erk an Engineer's Report (hereafter referred to as the "Report") in connection with such
proceedings and the proposed levy of assessments related thereto commencing with fiscal y�ar
2008/2009 (Beginning July 1, 2008 and ending June 30, 2009); in acconiance with the Act and
the Constitution; and said Report has been presented to the City Council.
NOW, THEREFORE BE IT RESOLVED, by the City Council for the district,
pursuant to Chapter 3,commencing with Section 22620 of the Act, as follows:
Section 1 The foregoing recitals are true and correct.
Section 2 The Report as presented consists of the following:
• A Description of the Improvements (Plans and Specifications);and,
• The Method of Apportionment that details the method of calculating the
proportional special benefits and the annual assessment obligation for each
affected parcel including a description of an "Assessment Range Formula"
applicable to subsequent assessments; and,
• The estimated annual costs and e�cpenses to provide the improvements (Budget)
that establishes the proposed "Maximum Assessment Rate" and fust year's
assessments;and,
.
RESOLUTION NO. 08-36
• An Assessment Diagram (Boundary Map);and,
• An Assessment Roll contauung the assessment to be levied for each Assessor
Parcel Number within the District and subsequently as Zone 17 of the
Consolidated District, commencing in fiscal year 2008/2009 based on the
max;,,,um assessment rate and method of apportionment described therein; and,
Section 3 The Report presented is hereby approved on a prelimuiary basis as
submitted or amended by direction of this City Council, and is herby ordered to be
filed in the Office of the Caty derk as a pern�anent record and to remain open to
public inspection;and,
Section 4 The City Council hereby declares its intention to include new landscape
areas for the Sandcasde Zone, and to levy and collect new or increased assessments
against parcels of land therein to fund the ongoing cost and expenses of maintaining,
operating and servicing both the e�sting and new improvements as outlined in the
Report prepared in connection therewith, commencing with fiscal y�ar 2008/2009;
and,
The Caty Council further declares its intention to conduct a public hearing regarding
the proposed levy of new or increased assessments connected therewith; and calls for a
property owner protest balloting proceeding in accordance with the provisions of the
California Constitution Article XIIID. The City Council finds that the public's best
interest requires such action and levy of assessments;and,
- -
Section S The territory within the Sandcastles Zone of the Consolidated District
is located in the central portion of the City, north of Hovley Lane East and generally
south of Country C1ub Drive and Sandcasde Lane, and west of Eldorado Drive and
Harrison Drive, and west of Carlotta Drive. The District includes the lou and parceLs
of land identified as Tract 21338-1 (Sandcastles),which includes forty-one single family
residential properties. The parcels of land that comprise the Sandcasdes development
are identified on the Riverside County Assessor's Parcel Maps as Book 655, Page 36:
Parcels 632-361 (001 through 039); and 632-362 (001 and 002).
Section 6 The proposed improvements for the Sandcastle Zone generally
include, but are not limited to the materials, equipment, utilities, Iabor and incidental
e�enses including administrative e�enses required for the annual operation, as well as
the perfonnance of periodic repairs, replacement and expanded inaintenance activities
as needed to provide for the proper operation and functioning of the e�sting street
light improvements as well as the growth, health, and beauty of the landscaped areas
proposed to be maintained. The proposed improvements for the Sandcastles Zone
include:
• The e�sting local street lighting improvements associated with Tract 21338-1
including eleven (11) street lights located on or near Hovley Lane East; Carlotta
Drive;EasyStreet;Dolrnar Court;Duval Court; and Sandcastle Lane.
• The proposed addition of approximately 2,945 square feet of landscape areas that
may include shrubs, plants; trees; ground cover, imgation system; sidewalks,
2
RESOLUTION NO. 08-36
fencing; monuments or other ornamental structures; and associated appurtenant
facilities associated with Tract 21338-1 including:
➢ Approximately 1,560 square feet of irrigated landscaping on the north side
of Hovley Lane East, east of Carlotta Drive to the eastern boundary of
Tract 21338-1; and
➢ Approximately 1,385 square feet of irrigated landscaping and trees on the
east side of Carlotta Drive, between Hovley Lane East and Easy Street.
Section 7 The Caty Council hereby deternunes that in order to provide an
appropriate level of maintenance and related services and activities for the
improvements proposed for the Sandcastle Zone of the Consolidated District, as
generally described in Section 6 of this Resolution, it is necessary to levy an increased
annual assessment against lots and parcels within said temtory commencing in fiscal
year 2008/2009. The Report referred to in Section 2 of this Resolution establishes the
estimated budget of anticipated expenses and the resulting new maximum assessment
rate including an annual inflationary adjustment; and,
Section 8 The Ciry Council hereby declares its intention to conduct a public
hearing concerning the levy of assessments for the District, in accordance with the Act;
Government Code, Section 54954.6; and Califomia Constitution, Article XIIID,
Section 4(e);and,
Notice is hereby given that a public hearing on these matteis will be held by the City
Council on Thursday,July 10, 2008 at 4:00 P.M.,or as soon thereafter as feasible in the
City Council Chambers, located at 73-510 Fred Waring Drive,Palm Desert, Califomia.
At the Public Hearing, all interested persons shall be afforded the oppomuuty to hear
and be heard;and,
Section 9 Pursuant to Article XIIID of the California Constitution, an
assessment ballot proceeding is hereby called on the matter of confirrtung the
proposed new assessments for the Sandcasde Zone of the Consolidated District. The
City Council hereby authorizes and directs the City Clerk or their designee to prepare
and mail notice of the Public Hearing and property owner protest ballots to the
property owners of record regarding the proposed new or increased assessments
including the assessment range formula as outlined in the Report, for return receipt
prior to the date and time of the public hearing set forth in this Resolution;and,
The notice of the hearing and ballot shall be distributed by fiist class mail to the
properry owner of record for each parcel within the Sandcastle Zone of the
Consolidated District subject to an assessment, not less than 45 days before the date of
the public hearing pursuant to Califomia Constitution,Article XIIID; and,
Section 10 The property owner protest ballot proceeding conducted for the
Sandcasde Zone of the Consolidated District shall constitute the property ownexs'
approval or rejection of the proposed new or increased assessments and assessment
range formula described in the Report presented and previously approved by the City
Council. Each property owner may retum the ballot by mail or in person to the City
C1erk no later than the conclusion of the public hearing scheduled for Thursday,July
3
RESOLUTION NO. 08-36
10, 2008. After the close of the Public Hearing, pursuant to Section 4 (e) of the
California Constitution, the City Clerk or their designee shall open and tabulate the
ballots retumed to deternune if majority protest e�ts. Only those ballots issued by or
on behalf of the City and signed by the property owner of record or authorized
representative, shall be considered�as valid ballots and shall be weighted according to
the proportional financial obligation of each affected property. Majority protest e�cists
if, upon the conclusion of the hearing, valid ballots submitted in opposition to the
assessment exceed the ballots submitted in favor of the assessment; and,
In addition to the ballot proceedings, properry owners may also file a separate written
protest with the Caty C1erk prior to the conclusion of the hearing, or having previously
filed such protest, may file a written withdrawal of that protest. A written protest shall
state all grounds of objection and shall contain a description sufficient to identify the
property owned by such property owner. At the public hearing, all interested persons
shall be afforded the oppomznity to hear and be heard;and,
Section 11 The City C�erk is hereby authorized and directed to give notice of such
Public Hearing as provided by law.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City
Council, held on this 22nd day of May, 2008, by the following vote, to wit:
AYES: FINERTY, KELLY, SPIEGEL, and BENSON
NOE S: NONE
ABSENT: NONE
ABSTAIN: FERGUSON
JEAN M.BENSON,Mayur
ATTE ST:
RAC�lELLE D. KLASSEN, City Clerk
City of Palm Desert, California
4