HomeMy WebLinkAbout31 Res 2021-42 and 2021-43 CONSOLIDATED No 1
STAFF REPORT
CITY OF PALM DESERT
FINANCE DEPARTMENT
MEETING DATE: June 24, 2021
PREPARED BY: Thomas J. Metz, Deputy City Treasurer
Randy Chavez, Landscape Supervisor
REQUEST: Approve the Engineer’s Report for, and the levy and collection of
annual assessments within, Consolidated Palm Desert
Landscaping and Lighting District No. 1 for fiscal year 2021/2022.
______________________________________________________________________
Recommendation
Waive further reading and adopt:
1. Conduct the public hearing and receive public testimony.
2. Resolution No. 2021-42, granting final approval of the 2021/2022
Engineer’s Report for Consolidated Palm Desert Landscaping and Lighting
District No. 1; and
3. Resolution No. 2021-43, ordering the levy and collection of annual
assessments within Consolidated Palm Desert Landscaping and Lighting
District No. 1 for fiscal year 2021/2022.
Strategic Plan Objective
Not applicable.
Executive Summary
The attached resolutions start the process of levying and collecting annual assessments
for Consolidated Palm Desert Landscaping and Lighting District No. 1 for fiscal year
2021/2022, and of granting final approval of the 2021/2022 Engineer’s Report. The latter
establishes the annual budget and the appropriate method for each Landscaping and
Lighting District. Districts are allowed either a three percent (3%) increase or a Consumer
Price Index increase – whichever is less. A three percent (3%) increase is budgeted for
each zone in fiscal year 2021/2022.
June 24, 2021 – Staff Report
Consolidated LLD No. 1 Public Hearing
Page 2 of 3
Background Analysis
The City Council, at its meeting on May 13, 2021, granted preliminary approval to the
2021/2022 Engineer’s Report (“Engineer’s Report”) for Consolidated Palm Desert
Landscaping and Lighting District No. 1 (“Consolidated LLD No. 1”), and scheduled a
noticed public hearing date for public comments and testimony on Landscaping and
Lighting Districts (“LLDs”). Many LLDs front major city arterial streets, and staff is
responsible for maintaining these areas. Staff has continually maintained the majority of
these districts in a manner consistent with city landscape standards.
Consolidated LLD No. 1 street boundaries are shown on a map on page 31A of the
2021/2022 Engineer’s Report.
LLDs are intended to recover the costs that the city incurs in their administration and
maintenance. In some cases, however, there is a “finding of general benefit.” A general
benefit would be any improvement that benefits property outside Consolidated LLD No.
1 or the public at large. The City General Fund will pay for $123,408 in general benefits
that are listed in the Engineer’s Report. Eighty-three percent (83%) of this sum will be
allocated to maintain the Canyon Cove District (“Haystack Greenbelt”). The residual will
be allocated to LLDs that have a benefit, such as street landscaping or lighting, which
fronts a major arterial street, and which benefits the community at large.
Each year, the city starts proceedings to levy and collect annual assessments from each
LLD and to schedule a noticed public hearing for public comments and testimony. An
Engineer’s Report is prepared that details the proposed budget and the appropriate
method for each LLD. Section IV.B. of the attached Engineer’s Report shows each LLD’s
budget and levy.
June 24, 2021 — Staff Report
Consolidated LLD No. 1 Public Hearing
Page 3 of 3
Fiscal Analvsis
The assessment and collection of the levy amount finances both the ongoing
maintenance of LLDs and associated staff costs, relieving the city of any financial burden.
LEGAL REVIEW DEPT. REVIEW FINANCIAL
REVIEW
N/A �aw�.r�'�'+1. �?oozo �a.u�'�'+1. �'+?oou
Robert W. Hargreaves �anet M. Moore Janet M. Moore
City Attorney Director of Finance Director of Finance
City Manager L. Todd Hileman: L. -rodd +-t%�evu.aw
ATTACHMENTS: 1. Resolution No. 2021-42
2. Resolution No. 2021-43
3. 2021/2022 Engineer's Report
CiTY COUNCiL �TION
APPROVF.D �� DF,NiED
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Ori;;in�l on File with City Clerk's Office
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ASSISTANT
CITY MANAGER
.�lndy Firestine
Andy Firestine
Assist. City Manager
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RESOLUTION NO. 2021-42
1 of 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING THE ENGINEER’S REPORT FOR
CONSOLIDATED PALM DESERT LANDSCAPING AND LIGHTING
DISTRICT NO. 1 FOR FISCAL YEAR 2021/2022
The City Council of the City of Palm Desert (hereafter referred to as the "City Council")
does resolve as follows:
WHEREAS, the City Council, pursuant to the provisions of part 2 of division 15 of the California Streets and Highways Code, did, by previous resolution, order Willdan Financial Services (hereafter referred to as the “Engineer”), to prepare and file a report, in
accordance with article 4 of chapter 1 of part 2 of division 15 of the California Streets and Highways Code, commencing with section 22565, in connection with the proposed levy and collection of assessments for Consolidated Palm Desert Landscaping and Lighting District No. 1 (hereafter referred to as the "District") for the fiscal year commencing July 1,
2021 and ending June 30, 2022; and
WHEREAS, the Engineer has prepared and filed with the City Clerk of the City of Palm Desert, and the city clerk has presented to the City Council, the 2021/2022
Engineer's Report" (hereafter referred to as the "Report"); and
WHEREAS, the City Council has carefully examined and reviewed the Report, as
presented, and is satisfied with each of the items and documents, as set forth therein, and
finds that the levy of assessments has been spread in accordance with the special benefits
that will be received from the improvements, operation, maintenance, and services to be
performed, as set forth in the Report.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY
THE CITY COUNCIL, THE LEGISLATIVE BODY FOR THE DISTRICT, AS FOLLOWS:
Section 1. The above recitals are true and correct.
Section 2. Content of Report. The Report, as presented, consists of the following:
A. A description of the District and the improvements.
B. The annual budget (costs and expenses of services, operations and
maintenance) for the District.
C. A description of the method of apportionment that was used to
determine the assessment rate per levy unit for each zone within the District for fiscal year 2021/2022.
Section 3. Approval of Report. The Report, as presented, is hereby approved and ordered to be filed with the Office of the City Clerk as a permanent record that will be open to public inspection.
RESOLUTION NO. 2021-42
2 of 2
Section 4. Certification of Resolution. The city clerk will certify the passage and
adoption of this resolution. The minutes of this meeting will reflect the
presentation and the final approval of the Report.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm
Desert City Council, on the 24th day of June 2021, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
KATHLEEN KELLY, MAYOR
CITY OF PALM DESERT, CALIFORNIA
ATTEST:
_____________________________________
M. GLORIA SANCHEZ, ACTING CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
RESOLUTION NO. 2021-43
1 of 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF
ASSESSMENTS WITHIN CONSOLIDATED PALM DESERT
LANDSCAPING AND LIGHTING DISTRICT NO. 1 FOR FISCAL YEAR
2021/2022
The City Council of the City of Palm Desert (hereafter referred to as the "City Council")
does resolve as follows:
WHEREAS, the City Council has, by previous resolutions, initiated proceedings
and declared its intention to levy special benefit assessments against parcels of land within Consolidated Palm Desert Landscaping and Lighting District No. 1 (hereafter referred to as the “District”) for the fiscal year commencing July 1, 2021 and ending June 30, 2022, 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 (hereafter referred to as the “Act”), in order to pay for the costs and expenses of operating, maintaining, and servicing landscaping, lighting, and appurtenant facilities within the District; and
WHEREAS, the engineer has prepared and filed with the City Clerk of the City of Palm Desert, and the city clerk has presented to the City Council, the 2021/2022 Engineer's Report" (hereafter referred to as the "Report"), in connection with the proposed
levy and collection of special benefit assessments upon eligible parcels of land within the District, and the City Council did, by previous resolution, approve the 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, 2021 and ending
June 30, 2022, in order to pay for the costs and expenses of operating, maintaining, and
servicing landscaping and street lighting improvements and appurtenant facilities within
the District, and for which assessed properties receive special benefits.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY
THE CITY COUNCIL, THE LEGISLATIVE BODY FOR THE DISTRICT, AS FOLLOWS:
Section 1. The above recitals are true and correct.
Section 2. Fair Public Hearing. Following notice duly given, the City Council has held
a full and fair public hearing regarding the District, the levy and collection of
assessments, and the Report prepared in connection therewith, and has
considered any oral and written statements, protests, and communications
that interested persons have made or filed regarding these matters.
RESOLUTION NO. 2021-43
2 of 3
Section 3. City Council Findings. Based upon its review, and amendments, as
applicable, of the Report, a copy of which has been presented to the City
Council and filed with the city clerk, the City Council hereby finds and
determines that:
A. The land within the District will receive special benefits by the
operations, maintenance, and servicing of landscaping, lighting, and
appurtenant facilities within the boundaries of the District.
B. The District includes all of the lands that will receive special benefits.
C. The net amount to be assessed upon the lands within the District is
in accordance with and apportioned by a formula and by a method
that fairly distribute the net amount among eligible parcels in
proportion to the special benefits that each parcel will receive from
the improvements and services for the fiscal year commencing July
1, 2021 and ending June 30, 2022.
Section 4. Confirmation of Report and Assessment. The Report and the assessment,
as presented to the City Council, and as on file in the Office of the City
Clerk, comply with the applicable provisions of California State Constitution
article XIII D and are hereby confirmed as filed.
Section 5. Improvements Ordered. The maintenance, operation, and servicing of the
improvements and appurtenant facilities will be performed, pursuant to the
Act. The City Council hereby orders the proposed improvements to be
made. These improvements are briefly described as the installation,
maintenance, operation, administration, and servicing of the landscaping
and lighting improvements, including turf, ground cover, shrubs, and trees,
irrigation systems, street lighting, water features, ornamental lighting, entry
monuments, drainage systems and all appurtenant facilities related thereto.
Section 6. County Collection of Levy. The County Auditor/Controller of Riverside
County (hereafter referred to as the “County”) will enter on the County
Assessment Roll, opposite each eligible parcel of land, the amount of the
levy. The levy will be collected at the same time and in the same manner
as County taxes are collected. After the County collects the levy, the net
amount of the levy will be paid to the Treasurer of the City of Palm Desert.
Section 7. Restricted Use of Assessment Money. The city treasurer will deposit all
money representing assessments that the County has collected for the
District, into a District fund. This money will be expended only for the
maintenance, operation, and servicing of the landscaping, lighting, and
appurtenant facilities that are described in section 5.
RESOLUTION NO. 2021-43
3 of 3
Section 8. Adoption of District Levy. The adoption of this resolution constitutes the
District levy for the fiscal year commencing July 1, 2021 and ending June
30, 2022.
Section 9. Direction to City Clerk. The city clerk, or his or her assigned
representative, is hereby authorized and directed to file the levy with the
county auditor/controller upon adoption of this resolution.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm
Desert City Council, on the 24th day of June 2021, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
KATHLEEN KELLY, MAYOR
CITY OF PALM DESERT, CALIFORNIA
ATTEST:
_____________________________________
M. GLORIA SANCHEZ, ACTING CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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City of Palm Desert
Consolidated Palm Desert
Landscaping and Lighting
District No. 1
2021/2022 ENGINEER’S ANNUAL LEVY REPORT
Intent Meeting: May 13, 2021
Public Hearing: June 24, 2021
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
***.willdan.com
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TABLE OF CONTENTS
ꢀ
I. OVERVIEW ........................................................................................ 1
A. Introduction ............................................................................... 1
B. Compliance with the Current Legislation ............................... 2
C. General Description of the District and Services ................... 2
D. Improvements Authorized by the 1972 Act............................. 3
II. SPECIFIC IMPROVEMENTS AND SPECIAL BENEFIT ZONES ..... 5
III. METHOD OF APPORTIONMENT ................................................... 17
A. General ..................................................................................... 17
B. Benefit Analysis ...................................................................... 18
C. Assessment Methodology ...................................................... 20
D. Assessment Range Formula .................................................. 21
IV. DISTRICT BUDGETS ...................................................................... 22
A. Description of Budget Items .................................................. 23
B. District Budgets ...................................................................... 26
APPENDIX A — DISTRICT BOUNDARY MAPS ................................. 29
APPENDIX B — 2021/2022 ASSESSMENT ROLL ............................. 33
2021/2022 Consolidated Palm Desert Landscape and Lighting District No.1 Page 1
I. Overview
A. Introduction
The City of Palm Desert (hereafter referred to as “City”) annually levies and collects
special assessments in order to provide and maintain improvements within the
Consolidated Palm Desert Landscaping and Lighting Maintenance Assessment
District No.1 (hereafter referred to as the “District”). The District was formed in
1993, through the consolidation of several individual landscaping and lighting
maintenance districts that previously existed within the City. The original districts
and subsequent annexations of various territories and developments to the
Consolidated District are identified as separate Zones and/or Sub-zones (hereafter
referred to jointly as “Zones”). The District and the Zones therein have been
established and are levied annual assessments pursuant to the Landscaping and
Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways
Code (hereafter referred to as the “1972 Act”).
This Engineer’s Annual Levy Report (hereafter referred to as the “Report”)
describes the District and improvements, any proposed changes to the District or
improvements and the proposed budgets and assessments for Fiscal Year
2021/2022. The proposed assessments are based on the City’s estimated cost to
maintain the improvements that provide special benefit to properties within the
District. The various improvements within the District and the costs of those
improvements are identified and budgeted separately for each Zone, including the
expenditures, deficits, surpluses, revenues, and reserves.
The word “parcel,” for the purposes of this Report, refers to an individual property
assigned its own Assessment Number by the Riverside County Assessor’s Office.
The Riverside County Auditor/Controller uses Assessment Numbers and specific
Fund Numbers, to identify on the tax roll, properties assessed for special district
benefit assessments. Each parcel within a Zone is assessed proportionately for
only those improvements provided in that Zone from which the parcel receives
special benefit.
At a noticed Public Hearing, the City Council will consider all testimony and written
comments presented and may direct any necessary modifications to the Report
and approve the Report as submitted or amended. Following approval of the
Report, the City Council by resolution, shall order the improvements to be made,
and confirm the levy and collection of assessments pursuant to the 1972 Act. The
assessment rates and method of apportionment described in this Report as
approved by the City Council defines the assessments to be applied to each parcel
within the District for Fiscal Year 2021/2022. The assessments as approved will
be submitted to the Riverside County Auditor/Controller to be included on the
property tax roll for each parcel for the fiscal year.
2021/2022 Consolidated Palm Desert Landscape and Lighting District No.1 Page 2
B. Compliance with the Current Legislation
The City Council annually conducts a public hearing to accept public comments
and testimony, to review the Report and adopt the annual assessments to be
levied on the County tax roll for the fiscal year. The assessments described in this
Report and subsequently approved by the City Council have been prepared in
accordance with the 1972 Act and in compliance with the provisions of the
California Constitution, Article XIIID (hereafter referred to as the “Article XIIID”),
which was enacted by the passage of Proposition 218 in November 1996.
In compliance with the provisions of Article XIIID, in Fiscal Year 1997/1998, the
City conducted property owner ballot proceedings for the special benefit
assessments applicable to each of the existing Zones within the District. At that
time, the assessments presented to property owners included the assessment
range formula previously established for the District and described in this Report.
Upon tabulation of the ballots returned, it was determined that majority protest did
not exist and the City Council approved and adopted the assessments and
assessment range formula balloted and approved by the property owners. Similar
proceedings have been conducted for all new or increased assessments including
any annexations to the District.
C. General Description of the District and Services
The City annually levies and collects assessments in order to maintain and service
various improvements within the District. For Fiscal Year 2021/2022, the District is
comprised of thirty-three (33) separate benefit Zones, each funding specific
improvements and services.
The District provides for the maintenance and operation of local landscaping and
lighting improvements and associated appurtenances located within the public
right-of-ways and dedicated landscape easements. The improvements and the
annual costs of those improvements are identified and budgeted separately for
each Zone, including the expenditures, deficits, surpluses, revenues, and
reserves.
The improvements provided and for which parcels are levied special benefit
assessments within the District can be categorized as three (3) improvement
types.
1. Local street lighting (residential street lighting associated with the properties
within the Zone and specific subdivisions).
2. Local landscaping improvements including parkways, perimeters, entryways,
local medians, and internal landscaped amenities.
2021/2022 Consolidated Palm Desert Landscape and Lighting District No.1 Page 3
3. Special Zone services including tree trimming, graffiti and weed abatement and
landscape maintenance of flood control areas (retention and detention basins).
The costs associated with the improvements authorized by the provisions of the
1972 Act are equitably spread among the benefiting parcels in proportion to the
special benefit they receive. Only parcels that receive special benefits from the
improvements are assessed, and each Zone consists of parcels that benefit from
those specific improvements.
Landscape improvements maintained by the District and associated with each
Zone were either installed as a condition of development or were installed for the
benefit of the properties assessed. The landscape improvements associated with
each Zone may include, but are not limited to: open space areas; medians;
parkways; slopes; retention or detention basin areas; and public right-of-ways or
easements that provide special benefits to the parcels. These improvements may
include, but are not limited to: turf, ground cover, shrubs and trees, irrigation
systems, decorative lighting, water features, entry monuments, drainage systems,
hardscapes and associated appurtenances. Similar to landscape improvements,
street lighting improvements funded through District assessments were installed
for the benefit of properties within each of the Zones and the assessments provide
for the maintenance, operation and energy costs related to those street light
improvements.
D. Improvements Authorized by the 1972 Act
As applicable or may be applicable to this proposed District, the 1972 Act defines
improvements to mean one or any combination of the following:
The installation or planting of landscaping.
The installation or construction of statuary, fountains, and other ornamental
structures and facilities.
The installation or construction of public lighting facilities.
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, including, but not limited to, grading, clearing, removal
of debris, the installation or construction of curbs, gutters, walls, sidewalks,
or paving, or water, irrigation, drainage, or electrical facilities.
The maintenance or servicing, or both, of any of the foregoing.
The acquisition of any existing improvement otherwise authorized pursuant
to this section.
Incidental expenses associated with the improvements including, but not limited
to:
The cost of preparation of the report, including plans, specifications,
estimates, diagram, and assessment;
2021/2022 Consolidated Palm Desert Landscape and Lighting District No.1 Page 4
The costs of printing, advertising, and the publishing, posting and mailing of
notices;
Compensation payable to the County for collection of assessments;
Compensation of any engineer or attorney employed to render services;
Any other expenses incidental to the construction, installation, or
maintenance and servicing of the improvements;
Any expenses incidental to the issuance of bonds or notes pursuant to
Section 22662.5.
Costs associated with any elections held for the approval of a new or
increased assessment.
The 1972 Act defines "Maintain" or "maintenance" to mean furnishing of services
and materials for the ordinary and usual maintenance, operation, and servicing of
any improvement, including:
Repair, removal, or replacement of all or any part of any improvement.
Providing 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 other improvements
to remove or cover graffiti.
2021/2022 Consolidated Palm Desert Landscape and Lighting District No.1 Page 5
II. Specific Improvements and Special Benefit Zones
The boundaries of each Zone, the location of improvements and special benefit
received by the properties and property owners within each Zone are described in
this section of the Report. In any given fiscal year, City staff will determine the
scope of work for each Zone as assessment revenues allow. Any necessary
reductions in the scope of work will likely include, but are not limited to; the
frequency of mowing and edging turf areas; the application of fertilizers and
aeration of turf; trimming and pruning of shrubs, trees and ground cover; trash pick-
up in landscaping areas; and weed and litter control. The allocation of special
benefit and general benefit of the improvements provided within the District are
summarized in the Method of Apportionment section of this Report and are
identified in the budget for each Zone. A description of the District improvements
and the level of annual service each Zone will receive are provided in the following:
Zone #2 (Canyon Cove):
Zone #2 includes Tracts 11636-1, 2, 3, & 4 and Tract 23485, generally located
South of Deep Canyon Tennis Club, North of Haystack Road, West of Marrakesh
Country Club, and East of Highway 74. The streets within the Zone include
Ambrosia Street, Sweetbrush Lane, Deer Grass Drive, Lotus Court, Calliandra
Street, Aber Street and Alamo Drive.
These parcels benefit from the maintenance and operation of street lighting
encompassing the streets within the Zone, the landscaped parkway along the East
side of Highway 74 and the landscaped areas on the North side of Haystack Road,
adjacent to the above mentioned tracts and installed as part of these residential
developments.
The interior local street lighting has been identified and allocated as 100% special
benefit with no general benefit allocation. The parkway landscaping along Highway
74 has been identified as 100% special benefit to the parcels within the Zone.
However, it has been determined that the landscaped median on Haystack Road
(although installed as part of the development) not only provides a special benefit
to properties within Canyon Cove, but also provides a general benefit. The
proportionate general benefit of this improvement has been identified and
eliminated from the Zone assessments. Although there is a general benefit
component, the majority (83%) of the median landscaping on Haystack Road is a
flood control channel and was required for development of the homes within
Canyon Cove. Therefore, pursuant to Article XIIID Section 5a (assessments used
to fund flood control and drainage systems) the majority of the costs for this
landscaped area could be considered exempt. However, in recognition of the
general benefit this improvement area provides and the previous assessments
applied to properties within the Zone, it was determined that the City would fund a
large portion of the costs associated with this landscaped median area. Refer to
2021/2022 Consolidated Palm Desert Landscape and Lighting District No.1 Page 6
the budget section of this Report for details on the allocation of benefit and related
assessments.
Zone #3 (Vineyards):
Zone #3 consists of the parcels in Tracts 12181-1 and 12181-2 on the West side
of Portola Avenue. The streets within the Zone include Martini Court, Heitz Court,
Mondavi Court, Callaway Court, Stony Hill Court, Masson Street, Krug Avenue,
Sebastian Way, and San Pasqual Avenue/Rutledge Way.
These parcels receive special benefits from the operation and maintenance of
street lighting improvements within the Zone boundaries and the landscaped area
along the West side of Portola Avenue, from the northern boundary to the southern
boundary of the two tracts.
Both the street lighting and landscape improvements identified for this Zone were
installed as part of the residential development and the ongoing maintenance and
operation of these improvements provide special benefits to properties within the
Zone. It has further been determined that these improvements were installed and
are maintained solely for the benefit of properties within the Zone and the
improvements provide no measurable benefit to properties outside the Zone. Any
benefit conveyed to other properties or to the public at large (general benefit) is
incidental. Therefore, both the interior tract street lighting and the parkway
(perimeter) landscaping costs have been identified and apportioned 100% as a
special benefit to the parcels within the Zone.
Zone #4 (Parkview Estates):
Zone #4 consists of the parcels in Tract 8237, South of Magnesia Falls Drive, North
of Fred Waring Drive, West of Deep Canyon Road, and East of Portola Avenue.
These parcels receive special benefits from the operation and maintenance of
street lighting along Primrose Drive, Desert Star Boulevard, Vanda Circle, Palmilla
Circle, Myrsine Avenue, Gazania Place, Rutledge Avenue, Buttonwood Drive,
Silktree Lane, Santolina Drive, Balsam Lane, and Erin Street. The street lighting
improvements were installed as part of the residential development and are
considered a special benefit to the properties within the development (i.e., Zone).
The ongoing operation and maintenance of interior residential street lighting
provides no measurable general benefit to properties outside the Zone or to the
public at large. To the extent that some streetlights associated with the Zone are
located on the perimeter of the residential development and provides direct
illumination to parcels outside the Zone, a portion of the maintenance costs has
been identified as a general benefit. This Zone has twenty interior streetlights and
five perimeter streetlights resulting in an allocation of the Zone costs as 90%
special benefit and 10% general benefit.
2021/2022 Consolidated Palm Desert Landscape and Lighting District No.1 Page 7
Zone #5 (Cook and Country Club):
Zone #5 consists of three (3) separate residential subdivisions identified as Sub-
zones. These three Sub-zones are known and identified as:
Desert Mirage (Tract 25639)
Sandcastles (Tract 21338-1)
Primrose II (Tract 25436)
Each of these Sub-zones has specific local improvements maintained by the
District that were installed as part of these residential developments.
These three subdivisions were originally part of a larger Zone known as Cook and
Country Club and were proportionately assessed for median landscaping in the
area as well as their local (tract specific) improvements. In fiscal year 1997/1998 it
was determined that the median landscaping in the Cook and Country Club area
was largely a general benefit and this portion of the assessment was eliminated.
However, it was determined that the parcels within these three (3) Sub-zones
receive special benefit from tract maintained by the District, and each parcel within
the respective Sub-zones should continue to be assessed proportionately for the
cost of services associated with those local improvements. The parcels in all three
(3) Sub-zones receive special benefits from tract street lighting; the parcels in the
Primrose II Sub-zone also receive special benefits from parkway landscaping; and
the parcels in the Desert Mirage Sub-zone also receive special benefits from
parkway landscaping, detention basin landscaping, and entrance landscaping.
Upon review of the specific street lighting improvements associated with each of
these Sub-zones, the street lighting facilities have been identified as interior tract
streetlights. These streetlights provide little or no direct illumination to parcels
outside the Sub-zones and therefore the costs of maintaining these improvements
are allocated as 100% special benefit with no general benefit.
The property owners in the Sub-zone known as Desert Mirage were balloted in
Fiscal Year 2004/2005 for an increase in their maximum assessment rates. The
proposed levy increase would fund new maintenance costs required after the City
renovated the improvements with water efficient landscaping and irrigation
systems. Majority protest did not exist; therefore, the City will move forward with
the plans to renovate the improvements in the Desert Mirage Sub-zone.
The 2004/2005 reballoting determined that 15% of the imporovements within the
Desert Mirage Sub-Zone are of a general benefit to those properties outside of the
Sub-zone. Therefore, this percentage of the costs of maintaining the Sub-zone has
been removed from the assessment and must be funded from other sources.
2021/2022 Consolidated Palm Desert Landscape and Lighting District No.1 Page 8
Refer to the budget for Zone 5 in Section IV of this Report for specifics regarding
the proposed assessment for the current fiscal year and the maximum
assessment.
Zone #6 (Hovley Lane):
Parcels within this Zone are located generally East of Monterey Avenue and West
of Portola Avenue and includes parcels and tracts along Hovley Lane West. Zone
6 includes the following subdivisions and Sub-zones:
Monterey Meadows (Tracts 21791
and 22741)
Hovley Glen (Tract 25217)
Hovley Estates (Tract 24591)
Sonata I (Tract 23982)
Sonata II (Tracts 24254 -1, 2, 3)
Hovley Collection (Tract 24603)
La Paloma I (Tract 24773-1)
La Paloma II (Tract 24773)
La Paloma III (Tract 29045)
Sandpiper Court (Tract 27370)
Hovley Court West (Tract 29585)
Sandpiper West (Tract 29579)
Diamondback Road (Tract 29893)
Palm Court (Tract 25373)
2021/2022 Consolidated Palm Desert Landscape and Lighting District No.1 Page 9
The parcels within each of the fourteen (14) Sub-zones of Zone 6 (Hovley Lane)
receive benefit from various improvements that were installed as part of the
separate residential developments and are specific to each tract and subdivision.
The assessment for each Sub-zone funds and provides for the parkway
landscaping improvements adjacent to each tract along Hovley Lane as well as
specific in-tract improvements. The in-tract improvements may include street
lighting; dry well and retention basin landscape maintenance; and landscaping of
additional parkway areas. The improvements within Zone 6 include street lighting
on Clover Lane, Meadow Lane, Hovley Lane West, Centennial Circle, Posada
Court, Via Fonda, Sonata Court, Avenida Arcadia, Avenida Solana, Sandpiper
Court, Avenida Rosario, Sandpiper Court West Hovley Court, Diamondback Road,
and Palm Court; landscaped parkways along Hovley Lane West, Monterey Avenue,
Portola Avenue and landscaped retention basins located within Hovley Estates,
Hovley Collections, La Paloma 1, La Paloma 2, Sandpiper Court, and Sandpiper
Court West.
Upon review of the specific street lighting improvements associated with each of
these Sub-zones, the street lighting facilities have been identified as tract specific
streetlights. To the extent that some streetlights associated with the Glen, Sonata I
and Hovley West Sub-zones are located on the perimeter of the development and
provide direct illumination to parcels outside the subdivision, a portion of the
maintenance costs (15%) have been identified as a general benefit component.
Therefore, the cost of maintaining the street light improvements is allocated as 85%
special benefit to properties within these Sub-zones.
Similarly, it has been determined that a portion of the parkway landscape
improvements associated with the Glen, Sonata I and Hovley West Sub-zones
provide a general benefit to properties outside of these Sub-zones. Therefore, 15%
of the costs of maintaining these landscaped areas has been removed from the
assessments and will be funded from other sources. The landscape improvements
associated with each of the remaining Sub-zones provide no measurable general
benefit to properties outside the Zone or to the public at large, and therefore, their
specific local landscaping improvements and the corresponding assessments have
been identified 100% as a special benefit to parcels within the Sub-zones.
The property owners in the nine (9) Sub-zones known as The Glen, Hovley Estates,
Sonata I, Sonata II, La Paloma I, Sandpiper Court, Sandpiper West, Hovley West
and Hovley Collection, were balloted in Fiscal Year 2004/2005 for an increase in
their maximum assessment rates. In conjunction with the assessment increase, the
City proposed to renovate the existing improvements with more water efficient
landscaping and modifications to the irrigation system.
For seven (7) of the nine (9) Sub-zones balloted, majority protest did not exist and
the City will move forward with the plans to renovate the improvements in those
Sub-zones. However, majority protest existed in Hovley West and Hovley
Collection, and the proposed assessment increase for these two Sub-zones will not
be imposed. Without the additional maintenance funding, the City will not be able
2021/2022 Consolidated Palm Desert Landscape and Lighting District No.1 Page 10
to renovate the improvements for these two Sub-zones, but will continue to maintain
the existing improvements at a level of service compensatory with the available
assessment revenues at the existing assessment rates. Refer to the budgets for
Zone 6 in Section IV of this Report for specifics regarding the proposed assessment
for the current fiscal year and the maximum assessment.
In Fiscal Year 2004/2005 the Palm Court Sub-zone was annexed to Zone 6 through
property owner protest hearing proceedings. Upon conclusion of a noticed Public
Hearing, it was determined that a majority protest did not exist. Upon review of the
specific improvements associated within this Sub-zone, benefit conveyed to other
properties or to the public at large (general benefit) has been determined by
comparison to be incidental. Therefore, the costs of the on-going operation and
maintenance of the improvements have been identified and apportioned 100% as
a special benefit to the parcels within the Sub-zone.
Zone #7 (Waring Court):
Zone 7 consists of Tract 25304, North of Fred Waring Drive and East of Phyllis
Jackson Lane.
These parcels receive special benefit from the ongoing maintenance of landscaped
parkways along Fred Waring Drive and Phyllis Jackson Lane adjacent to the tract.
The improvements were installed as part of the residential development and it has
been determined that the operation and maintenance of the landscape
improvements provide no measurable general benefit to other properties outside
the Zone or to the public at large. Therefore, the local landscaping improvements
associated with this Zone and the costs of providing these improvements have been
identified as 100% special benefit to parcels within Zone 7.
Zone #8 (Palm Gate):
Zone 8 consists of the parcels in Tract 24287 located East of Deep Canyon Road,
and North of Fred Waring Drive, on Coral Bells Circle, Daylily Circle, and Moss
Rose Drive.
These parcels receive benefit from the maintenance and operation of local street
lighting at the entrances to the development at the corners of Deep Canyon Road
and Coral Bells Circle, Daylily Circle, and Moss Rose Drive. These parcels also
receive special benefit from the maintenance of the landscaped parkways adjacent
to the development on Deep Canyon Road.
Both the street lighting and landscape improvements identified for this Zone were
installed as part of the residential development and the ongoing maintenance and
operation of these improvements provide special benefit to properties within the
Zone. It has been determined that these improvements were installed and are
maintained solely for the benefit of properties within the Zone and provide no
measurable benefit to properties outside the Zone or to the public at large.
2021/2022 Consolidated Palm Desert Landscape and Lighting District No.1 Page 11
Therefore, both the interior tract street lighting and the parkway (perimeter)
landscaping costs have been identified and apportioned 100% as a special benefit
to the parcels within the Zone.
In conjunction with a proposed renovation and upgrade of the existing landscape
improvements the property owners in Zone 8 were balloted in Fiscal Year
2004/2005 for an increase in their maximum assessment rates. Majority protest
existed and the maximum assessment rate will not be increased over the amount
previously approved for the Zone. Since the assessment increase was not
approved the City will not move forward with the proposed renovations, but will
continue to maintain the existing improvements at a level of service compensatory
with the available assessment revenues.
The property owners in Zone 8 were balloted during Fiscal Year 2017/2018 for an
increase in their maximum assessment rate effective beginning Fiscal Year
2018/2019. Majority protest did not exist, and based on the approval of the new
assessment rate, the City will move forward with the proposed renovations. Refer
to the budget for Zone 8 in Section IV of this Report for specifics regarding the
proposed assessment for the current fiscal year and the maximum assessment.
Zone #9 (The Grove):
Zone 9 consists of the parcels in Tract 24984 South of Goleta Avenue and West of
Deep Canyon Road.
These parcels receive special benefits from the improvements and maintenance of
street lighting at the entrance to the development at the corner of Deep Canyon
Road and Royal Canyon Lane as well as interior street lighting on Kings Canyon
Lane, Indian Canyon Lane, Hazel Canyon Lane, and Royal Canyon Lane. These
parcels also receive special benefits from the improvements and maintenance of
parkway landscaping adjacent to the tract on Deep Canyon Road, and interior
landscaping, including an entryway median, parkway landscaping and palm tree
trimming within the public right-of-ways on Royal Canyon Lane that were installed
as part of the residential tract development.
Both the street lighting and landscape improvements identified for this Zone were
installed as part of the residential tract development and the ongoing maintenance
and operation of these improvements provide special benefit to properties within
the Zone. It has further been determined that these improvements were installed
and are maintained solely for the benefit of properties within the Zone and the
improvements provide no measurable benefit to properties outside the Zone or to
the public at large. Therefore, both the tract street lighting and the landscaping
costs (parkways and interior landscaping) have been identified and apportioned
100% as a special benefit to the parcels within the Zone.
As part of the overall landscaping costs for this Zone, specialized maintenance
(palm tree trimming) is budgeted separately as this service is not covered under
2021/2022 Consolidated Palm Desert Landscape and Lighting District No.1 Page 12
the regular maintenance contract the City has with its landscape contractor.
However, like other landscape maintenance within the Zone this service benefits
only the properties within the Zone and has been identified as 100% special benefit.
Zone #11 (Portola Place):
Zone 11 is generally located South of Santa Rosa Way and East of Portola Avenue
and consists of the parcels in Tract 27692.
These parcels receive special benefits from the servicing and maintenance of the
landscaped parkways adjacent to the tract on Portola Avenue and Santa Rosa
Way, and interior tract landscaping on Olive Court installed as part of the residential
development.
The developer (D & F Development) was conditioned to form the necessary District
Zone for the public improvements that would be installed as part of subdivision tract
27692. In a letter to the City dated April 4, 1994, the developer (sole owner of the
property at that time) requested inclusion of the parcels within the tract into the
District and to be assessed annually for the cost of maintaining the improvements.
This letter constitutes a 100% landowner petition pursuant to Article XIIID and
supports a position that the assessments imposed prior to July 1, 1997 were
exempt from the requirements of Article XIID.
Although the assessments for these improvements were identified as exempt in
fiscal Year 1997/1998 and not subject to the procedural requirements of a protest
balloting procedure, the improvements and the related assessments for this Zone
were identified as 100% special benefit. It has been determined that the ongoing
operation and maintenance of the improvements provide no measurable general
benefit to other properties outside the Zone or to the public at large. Therefore,
these improvements, the corresponding assessments and the annual inflationary
adjustment previously approved by landowner petition are in compliance with the
substantive requirements of Article XIID. However, any future increases to the
assessments will require property owner ballot proceedings.
Zone #13 (Palm Desert Country Club):
Zone 13 is located generally South of Hovley Lane East, North of Fred Waring
Drive, West of Warner Trail, and West of Washington and is commonly referred to
as the Palm Desert Country Club area.
The parcels within this Zone receive special benefits from the servicing and
maintenance of entryway landscaping on State Street and Washington Avenue,
parkway landscaping along Fred Waring Drive and local residential street lighting
within the Zone.
Parcels within Zone 13 were annexed into the City in Fiscal Year 1994/1995. Prior
to City annexation the local improvements within this Zone were assessed and
2021/2022 Consolidated Palm Desert Landscape and Lighting District No.1 Page 13
collected by the County through a County Service Area (CSA). When the properties
were annexed to the City, the City established this territory as Zone 13 within the
District and the CSA fund balance was transferred to the Zone 13 account. For the
first two years, the City used the fund balance to fully cover the annual cost of
providing the improvements. In Fiscal Year 1996/1997 the remaining fund balance
was designated as reserves and the District levied its first annual assessment for
the Zone. Because the reserve fund balance was greater than the amount typically
held in reserves, the City Council determined that a portion of the reserves would
be used each year to offset the annual expenditures thereby allowing the annual
assessments to remain fairly constant and also gradually reduce the reserve fund
to normal levels. In Fiscal Year 1997/1998, in compliance with Article XIIID, a
property owner ballot proceeding was conducted to approve the existing annual
assessment. At that time, the property owners approved the proposed assessment
amount plus an annual inflation adjustment. The assessment amount approved by
the property owners was based on the continued policy of utilizing reserve fund
contributions to offset the actual expenses for the Zone.
In Fiscal Year 1999/2000, property owners within Zone 13 were re-balloted for an
increased assessment to cover the maintenance costs associated with the new
landscaping improvements to be installed on Fred Waring Drive. Property owners
were balloted for an amount sufficient to cover the actual Zone expenses, although
a portion of the existing reserves continued to be used to reduce the annual
assessments. Majority protest did not exist; therefore, the City will move forward
with the new landscaping improvements plans for Zone 13. Refer to the budget for
Zone 13 in Section IV of this Report for specifics regarding the proposed
assessment for the current fiscal year and the maximum assessment.
The street lighting and landscape improvements assessed within this Zone clearly
provide special benefits to properties within the Zone. It has been determined that
the improvements were installed and are maintained solely for the benefit of
properties within the Zone and the improvements provide no measurable benefit to
properties outside the Zone or to the public at large. Therefore, both the street
lighting and the landscaping costs (parkways and interior landscaping) have been
identified and apportioned 100% as a special benefit to parcels within the Zone.
Zone #14 (K & B at Palm Desert):
Zone 14 is located generally North of Frank Sinatra Drive, West of Portola Avenue,
East of Monterey Avenue and South of Gerald Ford Drive. The Zone includes the
parcels in Tracts 28258 and 28258-1.
The properties within the boundaries of Zone 14 benefit from street lighting within
the development located on Drexell Drive, Heatherwood Drive, Emerson Drive and
Jamerson Road, and Colebridge Street, as well as landscaping associated with the
retention basin area located on Heatherwood Drive and dry well areas within the
subdivisions installed by the developer as part of the residential development.
2021/2022 Consolidated Palm Desert Landscape and Lighting District No.1 Page 14
In conjunction with a proposed renovation and upgrade of the existing landscape
improvements, the property owners in Zone 14 were balloted in Fiscal Year 2004/05
for an increase in their maximum assessment rates. Majority protest did not exist,
and based on the approval of the new assessment rate, the City will move forward
with the plans to renovate the improvements with more water efficient landscaping
and modifications to the irrigation system. Refer to the budget for Zone 14 in
Section IV of this Report for specifics regarding the proposed assessment for the
current fiscal year and the maximum assessment.
It has been determined that fifteen percent (15%) of the improvements within the K
& B Sub-Zone are of a general benefit to those properties outside of the Sub-zone.
Therefore, this percentage of the costs of maintaining the Sub-zone has been
removed from the assessment and must be funded from other City funding sources.
Zone #15 (Canyon Crest):
Zone 15 consists of Tract 25102-1 and 25102 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. This Zone was established and annexed
to the District on March 11, 1999 pursuant to the Act and a property owner ballot
proceeding.
These parcels receive special benefit from the operation and maintenance of
landscaped parkways 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 western boundary of the
development (approximately 675 linear feet of the total 1275 feet is landscaped).
The improvements for this Zone were installed as part of the residential
developments. It has been determined that the ongoing operation and maintenance
of the landscape improvements provide no measurable general benefit to other
properties outside the Zone or to the public at large. Therefore, the local
landscaping improvements associated with this Zone and the associated annual
costs have been identified as 100% special benefit to parcels within Zone 15. Refer
to the budget for Zone 15 in Section IV of this Report for specifics regarding the
proposed assessment for the current fiscal year and the maximum assessment.
Zone #16 (Shepard Lane):
Zone #16 consists of six (6) separate residential subdivisions identified as Sub-
zones. These six Sub-zones are known and identified as:
College View Estates I (Tract 29444)
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College View Estates II (Tract 30087)
Sundance West (Tract 30216)
Sundance East (Tract 30503)
Petunia I (Tract 30025)
Boulders (Tract 30030)
Each of these Sub-zones has specific local improvements maintained by the
District that were installed as part of these residential developments.
There are several residential subdivisions within the area known as Shepherd
Lane. The parcels within each of the six (6) Sub-zones of Zone 16 (Shepard Lane)
receive benefit from various improvements that were installed as part of the
separate residential developments and are specific to each tract and subdivision.
Perimeter landscaping for the Shepherd Lane residential developments includes
parkway/perimeter landscaping on the west side of Portola Avenue between Frank
Sinatra Drive and Gerald Ford Drive, as well as landscaping on the north side of
Frank Sinatra Drive and the south side of Gerald Ford Drive on either side of
Shepherd Lane. These improvements benefit the property development within the
Shepherd Lane area and each residential subdivision is assessed a proportional
share of the costs associated with these landscaped areas as well as specific in-
tract improvements.
Specific in-tract improvements include:
Sub-Zone College View Estates I:
This Sub-zone’s proportional benefit of parkway/perimeter landscaping
along the west side of Portola Avenue adjacent to the residential
subdivision (generally between Frank Sinatra Drive and Gerald Ford
Drive);
Parkway landscaping along both sides of Shepherd Lane adjacent to the
residential subdivision (generally between Frank Sinatra Drive and
Gerald Ford Drive);
Streetlights within the residential subdivision and/or adjacent to the
subdivision on both the east and west sides of Shepherd Lane and the
west side of Portola Avenue installed as part of the residential
subdivision.
Sub-Zone College View Estates II:
This Sub-zone’s proportional benefit of parkway/perimeter landscaping
on both sides of Shepherd Lane and the west side of Portola Avenue
adjacent to the residential subdivision, installed as part of the
development of properties therein;
Street lights within and adjacent to the residential subdivision.
2021/2022 Consolidated Palm Desert Landscape and Lighting District No.1 Page 16
Sub-Zone Sundance West:
Two landscape easements located on the west side of Shepherd Lane
at Kokopelli Circle.
Two landscape easements located on the west side of Shepherd Lane
at Chinook Circle.
Parkway landscaping along Shepherd Lane adjacent to the residential
subdivision. Specifically, the parkway area on the west side of Shepherd
Lane which extends the length of Tract 30216;
Streetlights within the residential subdivision and/or adjacent to the
subdivision on both the east and west sides of Shepherd Lane and the
west side of Portola Avenue installed as part of the residential
subdivision.
Sub-Zone Sundance East:
This Sub-zone’s proportional benefit of perimeter/parkway landscaping
on the west side of Portola Avenue between Frank Sinatra Drive and
Gerald Ford Drive associated with the development;
Parkway landscaping on Shepherd Lane adjacent to the residential
development installed as part of the development of properties therein.
Street lights within and adjacent to the residential subdivision.
Sub-Zone Petunia I:
Three landscape easements identified as the parkway landscaping on
the east side of Shepherd Lane adjacent to the tract north and south of
East Petunia Place and the parkway landscaping easement on the west
side of Portola Avenue adjacent to the tract.
Two landscape easements identified as the parkway landscaping on the
west side of Shepherd Lane adjacent to the tract north and south of West
Petunia Place.
Sub-Zone The Boulders:
Parkway landscaping on Shepherd Lane adjacent to the residential
development installed as part of the development of properties therein;
This Sub-zone’s proportional benefit of parkway/perimeter landscaping
on the west side of Portola Avenue between Frank Sinatra Drive and
Gerald Ford Drive, as well as landscaping on the north side of Frank
2021/2022 Consolidated Palm Desert Landscape and Lighting District No.1 Page 17
Sinatra Drive and the south side of Gerald Ford Drive on either side of
Shepherd Lane.
Street lights within and adjacent to the residential subdivision.
It has been determined upon review of the specific improvements that a portion of
the street lighting and parkway landscape improvements associated with the
College View Estates I, College View Estates II, Sundance East, and Petunia I Sub-
zones provide some general benefit to properties outside of these Sub-zones.
These improvements include the parkway/perimeter maintenance along Portola
Avenue. A portion of the maintenance costs up to 15% have been identified by the
City as a general benefit component have been removed from the assessments
and will be funded from other sources. The improvements associated with the
remaining Sub-zones provide no measurable general benefit to properties outside
the Zone or to the public at large, and therefore, their specific local landscaping
improvements are allocated 100% as special benefit to parcels within the Sub-
zones.
III. Method of Apportionment
A. General
The 1972 Act permits the establishment of assessment districts by agencies for the
purpose of providing certain public improvements which include the construction,
maintenance and servicing of public lights, landscaping and appurtenant facilities.
The 1972 Act further requires that the cost of these improvements be levied
according to benefit rather than assessed value:
“The net amount to be assessed upon lands within an assessment
district may be apportioned by any formula or method which fairly
distributes the net amount among all assessable lots or parcels in
proportion to the estimated benefits to be received by each such lot
or parcel from the improvements.”
The formula used for calculating assessments in each Zone of the District therefore
reflects the composition of the parcels, and the improvements and services
provided, to fairly apportion the costs based on estimated benefit to each parcel.
In addition, pursuant to Article XIIID Section 4 a parcel’s assessment may not
exceed the reasonable cost of the proportional special benefit conferred on that
parcel and provides that only special benefits are assessable and the District must
separate the general benefits from the special benefits. Therefore, in compliance
with the new assessment requirements only assessments that are identified as
either “Exempt Assessments” or “Special Benefit Assessments” are assessed. The
2021/2022 Consolidated Palm Desert Landscape and Lighting District No.1 Page 18
costs of any improvements considered to be “General Benefit” have been
eliminated from the District assessments.
B. Benefit Analysis
Each of the proposed improvements, the associated costs and assessments has
been carefully reviewed by the City and has been identified and allocated based on
benefit pursuant to the provisions of the 1972 Act and Article XIIID of the California
Constitution. Each improvement and the associated costs have been identified as
either “general benefits” or “special benefits”. Although some existing assessments
within the District qualified as exempt assessments pursuant to Article XIIID,
Section 5 of the Constitution and did not require a ballot proceeding under the
provisions of Section 4, the improvements associated with these assessments are
considered a special benefit to the assessed properties and are in compliance with
the substantive requirements of Article XIIID Section 4. The maximum assessment
rates shown in this report are consistent with the provisions of Article XIIID and any
new or increased assessments shall be subject to the provisions of Section 4
therein.
Special Benefits
The method of apportionment (or method of assessment) is based on the premise
that each of the assessed parcels within the District and Zones receives benefit
from the improvements maintained and financed by District assessments.
Specifically, the assessments associated with each Zone are for the maintenance
of local street lighting and landscaped improvements installed as part of the original
development of the parcels within the Zones or were later installed for the benefit
of those properties. The desirability and security of properties within each Zone is
enhanced by the presence of street lighting and well-maintained landscaping in
close proximity to those properties.
The landscape improvements provided by the District may include landscaped
medians, parkways, entryways, slopes and appurtenant facilities. Street lighting
improvements may include energy costs and necessary maintenance to the
facilities related thereto. The annual assessments outlined in this Report are
proposed to cover the estimated costs to provide necessary service, operation,
administration and maintenance required each year to keep these improvements
in a healthy, vigorous and satisfactory condition.
The special benefits associated with the local landscaping improvements are
specifically:
Enhanced desirability of properties through association with the improvements.
Improved aesthetic appeal of properties within the Zones providing a positive
representation of the area.
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Enhanced adaptation of the urban environment within the natural environment
from adequate green space and landscaping.
Environmental enhancement through improved erosion resistance, and dust
and debris control.
Increased sense of pride in ownership of property within the District resulting
from well-maintained improvements associated with the properties.
Reduced criminal activity and property-related crimes (especially vandalism)
against properties in the District through well-maintained surroundings and
amenities including abatement of graffiti.
Enhanced environmental quality of the parcels within the Zones by moderating
temperatures, providing oxygenation and attenuating noise.
The special benefits of street lighting are the convenience, safety and security of
property, improvements and goods. Specifically:
Enhanced deterrence of crime and the aid to police protection.
Increased nighttime safety on roads and highways.
Improved ability of pedestrians and motorists to see.
Improved ingress and egress to property.
Reduced vandalism and other criminal acts and damage to improvements or
property.
Improved traffic circulation and reduced nighttime accidents and personal
property loss.
Increased promotion of business during nighttime hours in the case of
commercial properties.
The preceding special benefits contribute to a specific enhancement and
desirability of each of the assessed parcels.
General Benefit Contributions
Prior to the passage of Proposition 218, some of the District assessments included
maintenance of landscaped medians on various arterial streets within the City.
However, since the maintenance of most arterial medians within the City were
funded by the City’s General Fund, it was determined that the existing assessments
for these improvements were not a special benefit and in Fiscal Year 1997/1998
the District assessments related to arterial medians were eliminated.
In addition, any improvement and the associated costs that are considered a
general benefit to properties outside the respective Zones or to the public at large
have been identified and excluded from the annual assessments. The
improvements and associated costs considered to be a general benefit for each
2021/2022 Consolidated Palm Desert Landscape and Lighting District No.1 Page 20
Zone are described in Specific Improvements and Special Benefit Zones (Section
II). The General Benefit Contribution amount excluded from the annual assessment
for each Zone is reflected in the District Budgets (Section IV B). In making this
determination it should be noted that parkway, perimeter landscaping and interior
landscaping within the City is either funded or maintained by individual property
owners or through some type of association, except those maintained and funded
through a special District. The City does not usually maintain these types of
improvements from General Fund Revenues and, like other similar improvements
within the City, the ongoing maintenance of these improvements are a special
benefit to the properties associated with the improvements.
Additional General Fund Contributions
In some cases, a Zone’s total operating cost may exceed the maximum assessment
allowed. In such a case and at the City’s discretion, the annual shortfall may be
funded through an Additional General Fund Contribution or steps may be taken to
reduce the total operating cost for the Zone (such as reducing the service levels).
The Additional General Fund Contribution amount for each Zone is reflected in the
District Budgets (Section IV B).
C. Assessment Methodology
Pursuant to the 1972 Act, the costs of the District may be apportioned by any
formula or method that fairly distributes the net amount to be assessed, among
assessable parcels in proportion to the estimated benefits to be received by each
such parcel from the improvements. The apportionment of costs used for each
Zone should reflect the composition of the parcels, and the improvements and
services provided based on each parcel’s estimated special benefit.
Equivalent Benefit Units: To assess benefits equitably, it is necessary to relate
the different type of parcel improvements to each other. The Equivalent Benefit Unit
method of assessment apportionment uses the single-family home as the basic unit
of assessment. A single family home equals one Equivalent Benefit Unit (EBU).
Every other land use is converted to EBUs based on an assessment formula that
equates the property’s specific development status, type of development (land
use), and size of the property, as compared to a single-family home (SFR).
The EBU method of apportioning benefit is typically seen as the most appropriate
and equitable assessment methodology for districts formed under the 1972 Act, as
the benefit to each parcel from the improvements are apportioned as a function of
land use type, size and development.
Assessed parcels within Zones 2, 4, 5, 6, 7, 8, 9, 11, 14, 15 and 16 are single-family
residential parcels and the application of the EBU method of spread results in an
equal assessment.
2021/2022 Consolidated Palm Desert Landscape and Lighting District No.1 Page 21
The following table reflects the various property types and applicable EBUs that
may be applied to properties within Zones 3 and 13.
LAND USE /EQUIVALENT BENEFIT UNITS (Zones 3 and 13)
Property Type
Land
Use
Code
EBU
Type
Factor
Multiplier to
Calculate EBU
Commercial COM 6.00 Acreage
Residential and Commercial Vacant VAC 0.30 Acreage
Single Family Residential SFR 1.00 Units
Condominiums CON 0.80 Units
Multifamily Residential
(Apartment, Duplex, Triplex, etc.)
MFR 0.80 Units
Single Family Vacant Lot SFV 1.00 Lot
Exempt NON 0.00 Parcels
Exempt parcels include easements and landscaped areas or common areas.
The benefit formula applied to parcels in each Zone is based on the preceding
Equivalent Benefit Unit (EBU) tables. Each parcel’s EBU correlates the parcel’s
special benefit received as compared to the other parcels in the Zone.
Parcel Type EBU x Acres or Units = Parcel EBU
Total Balance to Levy in Zone / Total EBU in Zone = Levy per EBU
Parcel EBU x Levy per EBU = Parcel Levy Amount
D. Assessment Range Formula
Any new or increase in assessments, require certain noticing and meeting
requirements by law. The Brown Act defines the terms “new or increased
assessment” to exclude certain conditions. These certain 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 was later confirmed by Senate Bill 919 (the
Proposition 218 implementing legislation).
An assessment range formula for the District assessments has been confirmed
through property owner ballot proceedings in compliance with Article XIIID, except
those existing assessments within the District which qualified as exempt
assessments pursuant to Article XIIID, Section 5 of the Constitution and did not
require a ballot proceeding under the provisions of Section 4. The assessment
range formula shall be applied to the future assessments within the District. The
following describes this assessment range formula:
2021/2022 Consolidated Palm Desert Landscape and Lighting District No.1 Page 22
Wherein, if the proposed assessment (levy per unit or rate) is less than or equal to,
the prior year’s maximum assessment plus the adjustments described in the
following, then the proposed assessment is not considered an increased
assessment. The purpose of establishing an assessment range formula is to
provide for reasonable increases and inflationary adjustments to the assessment
amounts without requiring costly noticing and mailing procedures, which would be
added to the District costs and assessments.
If the proposed assessment is less than the maximum assessment approved in the
previous fiscal year adjusted by a percentage no greater than three percent (3.0%),
or the annual percentage increase of the Consumer Price Index (CPI), whichever
is the lesser of the two, the assessment shall not be considered as an increase.
Each year the City shall compute the percentage difference between the CPI on
January 1, of each year and the CPI for the previous January 1, or a similar time
period, as determined by the Bureau of Labor Statistics for all urban consumers for
the Los Angeles, Anaheim and Riverside Area. This percentage difference shall
then establish the range of increased maximum assessments allowed based on
CPI each year. 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. Starting fiscal year 2019/2020 the annual percentage change in
the Consumer Price Index (CPI) of “All Urban Consumers” for the Riverside-San
Bernardino-Ontario Area will be used.
If CPI is less than three percent (3.0%), then the allowable adjustment to the
maximum assessment for each Zone may be increased by CPI. If CPI is greater
than three percent (3.0%), then the allowable adjustment to the maximum
assessment for each Zone may be increased by three percent (3.0%). The fact that
an assessment range formula is adopted for District assessments does not require
that the adjustment be applied each year, nor does it restrict the assessments to
the adjustment amount. If the budget and assessments for a given Zone do not
require an increase or the increase is less than the allowable adjustment, then the
required budget and assessment shall be applied. If the budget and assessments
for a given Zone require an increase greater than the allowable adjustment then
the proposed assessment is considered an increased assessment and mailed
notices, as well as property owner protest ballots are required by Article XIIID to
impose the assessment increase.
For Fiscal Year 2021/2022, the Bureau of Labor Statistics has established CPI at
2.25% for the January 2020 to January 2021 period. Therefore, the previous
maximum assessment for each Zone within the District has been adjusted by 2.25%
to establish the current maximum assessment allowed.
IV. District Budgets
2021/2022 Consolidated Palm Desert Landscape and Lighting District No.1 Page 23
A. Description of Budget Items
The following describes the services and costs that are funded through the District,
shown in the District Budgets.
DIRECT COSTS:
Maintenance Costs — Includes contracted labor, material and equipment required
to properly maintain the landscaping, irrigation systems, drainage systems, fencing,
and entry monuments within the Zone.
Landscape Utilities— Includes utility costs for water required for irrigation of
landscaped areas and the utility costs for electricity required to operate irrigation
systems and ornamental lighting for landscaped areas.
Landscape Extras — Includes the replacement of any materials and equipment
needed to make repairs to irrigation systems.
Tree Pruning — Includes the cost of trimming and pruning trees located within the
landscaped area.
Street Lighting — Utility costs for electricity required to operate streetlights, as
well as the maintenance of the streetlights.
ADMINISTRATION COSTS:
District Administration — The cost to particular departments and staff of the City,
for providing the coordination of District services and operations, response to public
concerns and education, as well as procedures associated with the levy and
collection of assessments. This item also includes the costs of contracting with
professionals to provide administrative, legal or engineering services specific to the
District including required notices, mailings or property owner protest ballot
proceedings.
County Administration Fee — This is the cost to the Zone for the County to collect
District assessments on the property tax bills.
Note: - The administrative costs of the District are borne by each Zone in proportion
to the aggregate costs of the entire District. Costs related to direct administration
are identified as exempt, general and special benefits in the same proportion as the
benefit finding for the Direct Service costs. All costs related to the levy of
assessments such as county fees and contract administration is applied to each
Zone regardless of any benefit findings (no general benefit).
2021/2022 Consolidated Palm Desert Landscape and Lighting District No.1 Page 24
LEVY BREAKDOWN:
Reserve Collection/(Contribution)— This item includes funds collected or
contributed by the Zone’s Reserve Fund in order to cover the cost of operation for
the Zone. Negative amounts shown for this budget item are contributions from the
Reserve Fund that are used to reduce the Balance to Levy. Positive amounts
shown for this budget item are collections for the Reserve Fund that would be used
in future years to reduce the Balance to Levy. The Reserve Fund eliminates the
need for the City to transfer funds from non-District accounts.
CIP Collection/(Contribution) — This item includes funds for the associated costs
to perform Capital Improvements as indicated by the Zone’s Capital Improvement
Plan (CIP), also referred to as improvement renovations, provided during a property
owner ballot. If a majority protest does not exist for the proposed renovations, then
a CIP collection may be included on the Zone’s budget to pay for future costs of the
improvements. Positive amounts shown for this budget item are collections for CIP,
and may be collected in installments over a period not to exceed five fiscal years.
Negative amounts shown for this budget item are contributions to pay for CIP using
funds previously collected and are used to reduce the Balance to Levy. The
proposed Capital Improvements can include but are not limited to such things as
maintenance and replacement of irrigation; maintenance and replacement of
lighting; and replacement of shrubs, turf, trees, and other landscaping
improvements.
General Benefit Contribution — This item includes funds for the associated costs
of any improvements that are considered a general benefit to properties outside the
respective Zones or to the public at large. The improvements and associated costs
considered to be a general benefit for each Zone are described in Specific
Improvements and Special Benefit Zones (Section II). These funds are added to
the Zone account to reduce assessments, and may be from either non-District or
District sources including City General Fund Contributions and interest earnings.
Additional General Fund Contribution — This item includes additional funds for
Zones where the total operating cost exceeds the maximum assessment allowed
by an amount greater than the maximum Reserve Collection. An additional General
Fund Contribution is performed at the City’s discretion and in lieu of taking steps to
reduce the total operating cost for the Zone, such as reducing the service levels.
These funds may be from either non-District or District sources including City
General Fund Contributions and interest earnings.
Balance to Levy — This is the total amount to be collected for the current fiscal
year through assessments (for special benefits) or from other revenue sources (for
general benefits). The Balance to Levy represents the sum of Total Direct and
Administration Costs, the Reserve Account/Other Revenue Source, the Beginning
Balance, and the Contribution Replenishment. Only those costs related to the
improvements identified as special benefits are levied and collected on the tax roll.
2021/2022 Consolidated Palm Desert Landscape and Lighting District No.1 Page 25
DISTRICT STATISTICS:
Active Parcels — The total number of parcels within the Zone boundary.
Parcels Levied — The total number of parcels within the Zone that are assessed.
Non-assessable lots or parcels may include parcels of land principally encumbered
by public right-of-ways, easements, common areas, and/or parcels within the
boundaries of the Zone that currently do not benefit from the improvements due
possibly to development restrictions.
Total Equivalent Benefit Units (EBU) — Equivalent Benefit Unit (EBU) is a
numeric value calculated for each parcel based on the parcel’s land use and size.
The EBU shown in the Zone budget (Section IV B) represents the sum total of the
parcel EBUs that receive special benefits from the improvements.
Applied Rate per EBU — This amount represents the rate being applied to each
parcel’s individual EBU. The Levy per Equivalent Benefit Unit is the result of dividing
the total Balance to Levy, by the sum of the Zone EBUs, for the fiscal year.
2021/2022 Consolidated Palm Desert Landscape and Lighting District No.1 Page 26
B. District Budgets
2021/2022 Consolidated Palm Desert Landscape and Lighting District No.1 Page 27
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2021/2022 Consolidated Palm Desert Landscape and Lighting District No.1 Page 32
Appendix A — District Boundary Maps
The Boundary Maps for the District and/or Zones are on file in the office of Public Works
and are by reference made part of this Report. The Boundary Maps are also available for
inspection at the Office of Public Works.
2021/2022 Consolidated Palm Desert Landscape and Lighting District No.1 Page 33
Appendix B — 2021/2022 Assessment Roll
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown
on the Riverside County Assessor's map for the year in which this Report is prepared.
Non-assessable lots or parcels may include areas of public streets and other roadways
(typically not assigned an APN by the County); dedicated public easements, open space
areas and rights-of-ways including public greenbelts and parkways; utility rights-of-ways;
common areas; landlocked parcels, small parcels vacated by the County, bifurcated lots,
and any other property that cannot be developed. These types of parcels are considered
to receive little or no benefit from the improvements and are therefore exempted from
assessment. Properties outside the District boundary receive no direct or special benefits
from the improvements provided by the District and are not assessed.
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown
on the Riverside County Assessor's map for the year in which this Report is prepared. The
land use classification for each parcel is based on the Riverside County Assessor’s Roll.
A listing of parcels assessed within this District, along with the proposed assessment
amounts, shall be submitted to the City Clerk, under a separate cover, and by reference
is made part of this Report.
Approval of this Report (as submitted or as modified) confirms the method of
apportionment and the maximum assessment rate to be levied against each eligible parcel
and thereby constitutes the approved levy and collection of assessments for the fiscal
year. The parcels and the amount of assessment to be levied shall be submitted to the
County Auditor/Controller and included on the property tax roll for the fiscal year.
If any parcel submitted for collection is identified by the County Auditor/Controller to be an
invalid parcel number for the current fiscal year, a corrected parcel number and/or new
parcel numbers will be identified and resubmitted to the County Auditor/Controller. The
assessment amount to be levied and collected for the resubmitted parcel or parcels shall
be based on the method of apportionment and assessment rate approved in this Report.
Therefore, if a single parcel has changed to multiple parcels, the assessment amount
applied to each of the new parcels shall be recalculated and applied according to the
approved method of apportionment and assessment rate rather than a proportionate share
of the original assessment.