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Home My WebLink About32 Res 2021-44 BAD 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 order the levy and collection of assessments within, City of Palm Desert Benefit Assessment 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. 2021-44, approving the Engineer’s Report for, and ordering the levy and collection of assessments within, City of Palm Desert Benefit Assessment District No. 1 for fiscal year 2021/2022, pursuant to the provisions of The Benefit Assessment Act of 1982. Strategic Plan Objective Not applicable. Background Analysis City of Palm Desert Benefit Assessment District No. 1 (“BAD No. 1”) was formed to assess property owners for the maintenance of the drainage system within Section 29. District formation was done pursuant to California law, and maximum levy amounts were set at that time. Each parcel is assessed based upon a weighted measure of apportionment known as “Equivalent Benefit Unit”, which may take into account land use, development status, size of the property, location of the property, development plans or restrictions, vehicular trip generation, street frontage, densities, or other property-related factors. BAD No. 1 street boundaries are shown on page 13 of the 2021/2022 Engineer’s Report. The City Council, at its regular meeting on May 13, 2021, initiated the proceedings and set a public hearing date and time for consideration of the attached resolution that would approve the Engineer’s Report for, and order the levy and collection of assessments RESOLUTION NO. 2021-44 BAD No. 1 Public Hearing June 24, 2021 – Staff Report Page 2 of 2 within, BAD No. 1 for fiscal year 2021/2022, pursuant to California law. Staff recommends approval of this resolution. Fiscal Analysis The assessment and collection of the full levy amount will finance the ongoing maintenance of the Section 29 retention basin, and associated staff costs, relieving the City of any financial burden. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER N/A Robert W. Hargreaves City Attorney Janet M. Moore Janet M. Moore Director of Finance Janet M. Moore Janet M. Moore Director of Finance Andy Firestine Andy Firestine Assist. City Manager City Manager L. Todd Hileman: L. Todd Hileman ATTACHMENTS: 1. Resolution No. 2021-44 2. 2021/2022 Engineer’s Report RESOLUTION NO. 2021-44 BAD No. 1 Public Hearing June 24, 2021 — Staff Report Page 2 of 2 within, BAD No. 1 for fiscal year 2021 /2022, pursuant to California law. Staff recommends approval of this resolution. Fiscal AnalYsis The assessment and collection of the full levy amount will finance the ongoing maintenance of the Section 29 retention basin, and associated staff costs, relieving the City of any financial burden. LEGAL REVIEW N/A DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER g�.�-m. m��ZG gcw�v� �, �992P� Robert W. Hargreaves Janet M. Moore Janet M. Moore City Attorney Director of Finance Director of Finance City Manager L. Todd Hileman: L. ToGiGi H-i,I,ew�.Giv�. ATTACHMENTS: 1. Resolution No. 2021-44 2. 2021/2022 Engineer's Report CITY COUNCIL A�iION APPROVED � DENTED RECEIVED O R ��ole�i v�� . it!!_? . , �tC, �.l MEET G D. TF � i� •� '� �- AYES: m r��.�L�� '�� NOES• �� ABSENT: %. � ABSTAIN: � VERIFIED BY � r� � Original on File with City Clerk's Oflice .�lndy Firestine Andy Firestine Assist. City Manager RESOLUTION NO. 2021- 44 1 of 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE ENGINEER’S REPORT AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEAR 2021/2022, PURSUANT TO THE PROVISIONS OF THE BENEFIT ASSESSMENT ACT OF 1982 The City Council of the City of Palm Desert, California (hereafter referred to as the "City Council"), does resolve as follows: WHEREAS, the City Council has, by previous resolutions, declared its intention to levy assessments for City of Palm Desert Benefit Assessment District No. 1 (hereafter referred to as the “District”); and WHEREAS, the engineer selected by the City Council has prepared and filed with the city clerk, and the city clerk has presented to the City Council, the 2021/2022 Engineer’s Report (hereafter referred to as the “Report”). The Report describes the assessments against the parcels of land within the District for the fiscal year commencing July 1, 2021 and ending June 30, 2022, that pay for the maintenance, operation, and servicing of improvements and facilities related thereto; and WHEREAS, the City Council has carefully examined and reviewed the Report, as presented, and is satisfied with 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; and WHEREAS, the City Council and its legal counsel have reviewed Proposition 218 and have found that these assessments comply with the applicable provisions of California State Constitution article XIII D; and WHEREAS, the City Council wishes 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 the improvements and appurtenant facilities that are located within the District. 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, RESOLUTION NO. 2021-44 2 of 4 protests, and communications that interested persons have made or filed regarding these matters. Section 3. Property Owner Approval. The City Council finds that the record owners of property within the District previously approved the continued levy and collection of assessments through property owner balloting proceedings, and that the proposed assessment for fiscal year 2021/2022 is consistent with the assessments so approved. Section 4. City Council Findings. Based upon the Report, which is hereby approved and ordered to be filed in the Office of the City Clerk as a permanent record that will be open to public inspection, the City Council hereby finds and determines that: A. The land and eligible parcels within District boundaries receive a particular and distinct benefit over and above any general benefits that are conferred on real property that is located in the District or to the public at large, from the operation, maintenance, and servicing of the improvements and appurtenant facilities that are identified in the Report (hereafter referred to as “Special Benefit”); and B. The District includes the lands and parcels that receive a Special Benefit; and C. The net amount to be asse ssed upon the lands within District is in accordance with and apportioned by a formula and by a method that distribute the net amount fairly among eligible parcels, in proportion to the Special Benefit that each parcel will receive from the improvements and services for the fiscal year commencing July 1, 2021 and ending June 30, 2022. Section 5. Constitutional Compliance. The Report and the assessment, as presented to the City Council and as on file with 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 6. Improvements Ordered. The maintenance, operation, and servicing of the improvements will be performed, pursuant to the provisions of the Benefit Assessment Act of 1982, title 5, division 2, part 1, chapter 6.4 of the California Government Code, commencing with section 54703 (hereafter referred to as the "Act"). The City Council hereby orders the proposed improvements to be made. These RESOLUTION NO. 2021-44 3 of 4 improvements are briefly described as the operation, maintenance, servicing, and administration of the improvements and incidental expenses related thereto for the District, which is located within the boundaries of the City of Palm Desert and within the jurisdiction of the City Council. The Report contains a more detailed description of the improvements. These improvements and facilities can be classified within the following general category: A. Installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to, drainage improvements and any facilities that are appurtenant to any of the aforementioned, or which are necessary or convenient for the maintenance or servicing thereof. Section 7. County Collection of Levy. The County Auditor/Controller of Riverside County (hereafter the “County”) will enter on the County Assessment Roll, opposite each eligible parcel of land, the amount of 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 8. Restricted Use of Assessments. 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 improvements as described in section 6. Section 9. 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 10. Direction to City Clerk. The city clerk, or his or her designate, is hereby authorized and directed to file the levy with the county auditor upon the adoption of this resolution. Section 11. Public Inspection. A copy of the levy will be filed with the Office of the City Clerk and will be open to public inspection. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 24th day of June 2021, by the following vote to wit: AYES: NOES: RESOLUTION NO. 2021-44 4 of 4 ABSENT: ABSTAIN: ________________________________ KATHLEEN KELLY, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: _____________________________________ M. GLORIA SANCHEZ, ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA � PALh��SERT City of Palm Desert � _._.__ �� , � = n � � 2021/2022 ENGINEER'S ANNUAL LEVv REPo2i IMent MeeLng May 13, 2021 Publlc H�ring June 24, 2021 W WILLDAN ENGINEER'S REPORT AFFIDAVIT Benefit Assessmen[ District No.1 Tne olsVid incNtles par<els of lana witnin iM1e subtlivisions knrnv as Paroel Map No.26255 (Monterey 170)/ Aeseasment Distriet 200G-03 (5¢ction 19) City of Palm Desert, County of Riverside, State of California Tnis Repotl antl ine entlosetl butlget, assessmenis, aescnplions antl tliagrams tlescnbe Poe Benef¢ Hssessmen� Ois[ncl No 1, antl intlutle each lo�, parcel, antl subtlivision o! land wi�M1in IM1e Oistricl, as �bey existed at �M1e �ime o� iM1e passage of tM1e Resolu�ion ef Intantien. Reference Is M1ereby matla to �he Rrverside Counry Nssessofs maps for a tletaileE Cescnplion of ihe Ilnes and tlimensions oi parcels withm f�e �istnd T�e unEerslgnetl respecttully submi�s Ibe enclosetl RepoN as eirecleE by t�e qry Comcii. Datetl[M1is 22nd QaY� APri1 .2�21. WiIIJan FlndnCidl S¢rviG¢5 HssessmentEngineer On Behalf of �M1e Gry of Palm Desert e, _ ��„"-l-W r'3 --- Jasep�InaMosas,Assisdn�Direeror a ��Ox� Speaal0lstnofSarvlces (/�,RONEap��, I¢ C81888 ey .�— Tyrone P eI sq� a�v�� s P.E. p C 81B80 F°�^�� TABLE OFCONTENTS I NTRODUCTION ................................................................................ 1 PART I—PLANS AND SPECIFICATIONS. 4 A. Benefiting Propertieswithin the Disirict..__.__...__.__...__.__....4 B. Funding authorized by the 1982 Ad__........_....._...__..._...__....4 C. DescriPtion of Services __..._...__..._...__..._....._...__..._...__....4 PART II — METHOD OF APPORTIONMENT ................................... 6 A. General .......................................................................................6 B. Benefit Analysis ...........................................................................6 C. Assessmenl Methodolo9Y _..... _... _..... _... _..... _... _..... _... _..... _.J D. Assessment Range Formula..._..._....._..._....._..._....._..._....._..9 PART III — DISTRICT BUDGET ..................................................... 11 PART IV — DISTRICT DIAGRAMS .................................................12 PART V — ASSESSMENT ROLL ...................................................14 W WILLDAN INTRODUCTION Pursuant �o the pmvisions of the Bene(� Assessment Ac[ of 1982, being Chap[er 64 of ihe CaLfornia Governmen[ Cotle, commencinq wRh Section 54]03 (hereafter referred to as ihe "1982 Acf), and in compllance with the substanLve and pmcedural reqmremenis of �he Califomia Sta�e Cons�iN�ion Article kIIID (hereafler referrad to as �he'CaGfomia Cons�iN�ion"), �ha City Council of the CIry of Palm �esert, County of Rlverside, S�a�e of Geb(omie (hereafter re(erretl ro as "Clty"), pmposes �o levy spaclal bene(� essessmen�s tor the disVict tlesignatetl as: Ci[y of Palm Desert Benefit Assessment Oistrict No. 1 Benefit Assessmen� Distnct No. 1(hereaker referretl �o as "DistricC), which includes b�s antl parcels of lantl wi[hin the subdivisions known as Mon[erey 1]0 antl subtlivision known as Sechon 29, w¢hm �he Ciry limi�s of Palm Desetl The areas mclutled m[he DisVict are also known as Parcel Map No. 24255 (Monterey 1]O) / Assessment Disinct 2004-02 (Section 29). The Engineers Annual Levy RepoN (hereaRer referretl �o as the "Report") tlescnbes �he Dis�ric[, [he services, antl �he pmposed assessmen[s to be levietl agains� pmpetlies in connection wi�h �he special benefits tha� �he properties wi0 receive fmm �he main�enance antl servicing of the Dishictimprovements and facihhes forfscal year 2021/2022. The Dislnct and the assessments described herein will provide a(undinq source (annual assessments) for ihe continued operalioq mamtenance and servicmg of ihe drainage basin, including expansions thereto. The services and assessmen�s described in this Repotl are basetl on �he curren� and plannetl tlevelopment of pmperties wi�hin �he �istric[ antl represen� an es�ima[e of [he tlirec� expendiWres, incitlen[al expenses, antl (untl balances Iha� wAI be necessary �o opere[e, maintam and serv¢e ihe dreinage basm [hat promdes special beneti[s to properhes within Ihe Dislnct The slmcWre ofihe Dlshmt (orqamza[ion), ihe proposetl services, the method of apporLonmenl, and assessments tlescnbetl herein are basetl on �he wrrent antl proposetl tlevelopment within the Distric[ and by reference, the plans antl specifica�ions for the drainage basin and expansion thereto are made part of�his Report. The word "parcel; for �he purposes of Ihis Report, refers �o an mdividual pmpetly assiqnetl its own Assessor's Parcel Number (APN) by the Rmerside County Assessors Offce The Riversitle Coun�y Auditor-Conholler uses Assessor's Parcel Numbers and specdic Fund Numbere to idenLfy properties to be assessed on the tax ro0 (orihe special banefltassessmen�s As part of this Dislnct �he City of Palm Desert contluctetl a Property Owner Protest Ballot pmceetling for �he pmposed levy of a new assessmen� pursuant �o �he provisions of the CaliPomia Constitution, Article XIIID Section 4. In conjundion with [his ballot pmceetling, �he Qry Counal conduc�etl a no�icetl pubhc heanng �o consider public �estimonies, commenls and wniten protes5 regarding Ihe formation of the DisNct and levy ot 2021/2022 Benefl�Hssessmen�DlsVic�No.1 Page� W WILLDAN assessments. A� �he public hearing, pmpetly owner pm�es� ballo�s receivetl were �abulated antl a majonry pmtes[ tlid no[ exis� for �he proposed assessments antl [he assessment ranqe formula presen[etl and tlescribetl herein The Q�y Council approvetl Ihe Report, ordered ihe formation of ihe DisVict, and approved the levy and collection o( assessments. Each subsequentfiscal year, a Repotl is preparetl antl presen�etl �o Ihe City Council tlescribing any changes �o [he proposetl sernces, �he annual budge� antl assessmen�s tor that fiscal year, antl [he City Council shall holtl a noliced publ¢ hearing regardmg ihese matters prior ro approving and orderinq the proposed levy of assessments. If ihe proposed assessments for tM1e Dlshic� exceetl �he maximum assessmen� described herein (as approved by the property owners), the new or increased assessment mus� be confirmetl [hrough ano�her property owner pmtest ballot pmceetling before such an assessment may be imposed It should be no[etl that an increasetl assessmen[ �o an indrvidual property resul[ing from changes m developmen[ or land use does nol constiWle an mcreased assessment. This Report wnsis�s of five (5) pahs: Part I Plans and ecitications: A descripLon of the DisVict boundaries and the proposed improvemen s assoaa�ed with �he Dls�nc�. Part II TM1e MeMotl of Aq�prtionment A discussion of beneflts �he services provitle �o pmperties within �he Uis�rict and �he me�hod of calculating each property's pmpotlional special benefi� and annual assessment This sec�ion also itlentifies antl ou�lines an Assessment Range Formula [ha� provitles for an annual atl�ustment to the Maximum Assessment Rale ihat eslablishes limits on fuWre assessments, bu[ also provides for reasonable wst adjusimenls due to Inflahon without ihe added expense of additional property owner pro�w� ballot proceetlings. Part III The Oisvict Butl7ee An estimate of [he annual cos�s to operate, mam[ain and servme Ihe dramage basin improvements and faahties installed and consVucted to support current and proposed development within ihe �isUict Thls budget mdudes an estimate of aMicipated drted mam�enance wsts antl Incitlental expenses Inclutling, bW no� Ilmi�etl �o atlministra�ion expenses and �he collec�ion of appmpriate funtl balances. The special benefit assessmen�s are basetl on �he overall opera�ion, maintenance antl servicing cos�s minus any cos�s �hat are consideretl general benefit or no� assessetl as special benefi[. The proposetl assessmen[s lor Ihe fscal year 202 V2022, shall be based on the estimated net annual cost of opera�ing, mainWining and servicinq the Dismct improvements for �hat flscal year_ The Maximum Assessmanis Ra�e (Ra�es per Equrvalen� 8enafi� Unit) 2021/2022 Benefi�Hssessmen�DlsVic�No.i Page2 W WILLDAN itlen[ifetl in [he butlge[ of �his Report shall be atljusted annualty by the Assessmen� Range Pormula tlescribetl m �he me�hod of apportionmen[. Part N Dishict Diaaram: A Diagram showing �he exterior bountlaries of �he Dis�rict is pmvidetl m[his Report and inclutles all parcels [ha� will recerve special bene(�s fmm [he services. Parcel itlen[Ricatioq the hnes and dimensions o! each lot, parcel and subdrvision of lantl within the DisVicp are mdusive of all parcels as shown on ihe Riverside County Assessofs Parcel Maps as they exis�ed a� �he bme of �he passage of �he ResoWtion of In�en�io¢ antl shall include all subsequent subtlivisions, lo� line adjus�men�s or pamel changes �herein. Reference is hereby made �o �he Riverside Counry Assessor's maps for a tle�ailetl tlescriphon of �he lines and dimensions of each lo� and parcel of lantl wi�hin �he Dislnct Part V Assessmen[ Roll: A listing of the proposed assessmen[ amoun� �o be applied to each parcelwithmtheDisViciforiheliswlyear202V2022 Theproposedassessmentamount for each parcel is based on [he parcel's proportional special beneft as outlined m the melhod of apportionmeM and the Maximum Assessmenl Ra�es. 2021/2022 Benefi�Hssessmen�DlsVic�No.i Page3 W WILLDAN PART I— PLANS AND SPECIFICATIONS A. Benefiting Properties within the District The terri�ory within �he Distric� consis�s of all lots, parcels antl subtlivisions of lantl wi�hin �he subtlrvision known as Mon�erey 1I0 antl �he proposetl subtlrvision known as Sec�ion 29, which encompasses an area of land totahng approximately lour hundred sixty acres (46� acres). The subdmisions are generdlly located: Norih of Gerald Ford; Southwest of Interstate 10; West of the Portola Avenue; and, East of Monterey Avenue. B. Funding authorized by the 1982 Act As generally tlefinetl by the 1982 Ac[ antl applicable to �his Distric�, �he Ciry may impose a benetit assessment to Mance the mamtenance, operetion and servicmg cosis associated with [he dremage basin described below. C. Description of Services The purpose of �his Dis[ric� is to fund [he ac�ivibes necessary �o operate, main�ain antl service [he tlrainage basin conslmctetl in a portion of Section 29, Township 4 South, Ranqe 6 East SBM and lo be enlarged in connection with current and new development of pmperties. The maintenance, operation and servicing of ihese improvemenis may include bu� are no�limited to all ma�erials, equipmen�,laboG and inciden�al expenses deemetl necessary�o keep �he tlrainage basin in sa�isfac�ory contlition. The main[enance of [he improvemen�s antl rela�etl acbvi�ies shall be funtletl en�rtety [hrough [he Dis�nct assessments. The Dislnct services are generally described as . Drainage basin mam�enanw �ha� may Inclutle but is not limitetl to inspecboq repair,removal and replacemen[, antl servicing oftlrainage basins,inlets, ca[ch basns, manholes, ou�le�s, drywells, pumps, (I�ers antl storm tlrain pipes ins�alletl in connection with [he tlevelopment of benefi[ing properties as well as any olbsite improvemenis and (acilities directly associated with [he aforementioned mfrasimcture ihat is deemed necessary ro service or pmtect the properties�, • All appurtenant, eqmpmen�, ma[enals antl servme conVacls relatetl ro �he opere[ion, maintenance and servicing o( the a(orementioned improvemenis and facillhes�, 2021/2022 Benefi�Hssessmen�DlsVic�No.i Page4 W WILLDAN De[ailetl maps antl tlescrip0ons of [he location antl ex[en[ of the speafic improvemenis lo be maintained by the DisUict are on fle m the Oflice of Public Works and by reference are made parl of this ReporL TM1e annual cost ro provide �he serviws tlelerminetl �o be of special benef� shall be allocaled to each pmpeNy in pmpotlion to �he special benefi[s receivetl from �hose various services Drainage Basin Main�enance The dramage basin mam[enance may mclutle, bu� is not limi[ed to'. gratling of access perimeter roatls. repav of emsion of slopes to access roatls, debris dearance, anchor mat repairs. dust wnVol Ihrough the appLcation o( soil stabiLzation aqents, weetl abatement, mosqmto and vector contml, storm dram Inle6 and outletr, pumps, f'Jters antl pipes. The annual assessments for this Dis�rict are Intentletl to support �he tlrainage basin antl �he main�enance pmgram �hat will atlequately regula�e and con�mi srorm wa�er mnoff resW�ing from wrren� antl proposetl tlevelopment wi�hin �he Dis�ncL This mam[enance program mey Indutle bu[ Is not Ilmitetl [o Inepectlon antl documen�a�ion of Ihe system', cleaninq, servianq or repav o( [he faciLties and eqmpment; and Ihe parlial removal, Rplacemen� or rehabihtation of eqwpment and famLties The dramage basin will cover tn area of appmximately 4 acres. The Public Works �epartment shall authorize and schetlule all opera�ional activities antl main�enance of �he drainage basin A portion of �he servmes tlescribetl above might not be pertormed on an annual basis bu[ rather as a resull of an exVaortlinary event, such as replacement of the anchor mats and other ma�or facihty reparts, and ihe funds necessary for these achviLes are collectetl as patl of the annual assessments. The monies wllected each year for �hese ex�raordinary services shall be accumula�etl in a special fund of the Dis�rict (Reserve Pond) The monies accumulated for [hese achvi�ies shall be spen� as neetled to pertorm �he services tleemetl necessary by the City. This process of provitlinq a reserve shall mntinue until such time Ihe Distnct is dissolved; or [he Qty determmes that such funtlmq procedures reqwre modiflcalioa Changes m the pmcess of pmvidmg a reserve that would result in an increase to the annual assessment rate mus� be presen�etl to the pmpetly owners for appmval prior ro imposing such an increase 2021/2022 Benefi�Hssessmen�DlsVic�No.i PageS W WILLDAN PART II — METHOO OF APPORTIONMENT A. General The 1982 Ac� permi�s Ihe es�ablishment of assessmen� disVic�s by agencies for Ihe purpose of providmg (or the mamtenance, opera�ion and serncing of drainage antl �ootl mnVol improvements as well as sVeets, roatls and appmtenant facihties. The 1982 Act further reqmres tha[ ihe mst of Ihese impmvemenis be levied accordinq to beneft rather ihan assessed value: "The amount ol the assessment fmposetl on any percel o(pmperty shall be relefetl to Ne benefit to fhe percel whmh will be tlenved lrom the pmvlson o(Ne sernce." Furlhermore: 'The annual aggregate amount ol the assessment shall not exceed Ihe esGmated annual cost o( pmvltllnA the service, excepf that fhe leglsletive body mey, by resoWfion, tlefermine that (he estlmeted cost ol work authorhed .. is greeter (hen cen 6e cnnvemenNy raised from a smgle annual assessment and ortlerlhat the eshmated cost shall be raised by an assessmen( lemed and collec(ed in ms[allmen(s. _ The revenue dermed imm the assessmenf shall not be used ro pay the cost oi any semce o[her (han the aernoe Por whioh the assesement was levied." The me[hotl of apportionmen� tlescribetl in �his Repotl for allocahon of special beneN assessments u0lrzes commonly accep�ed engineerinq practices antl is in compliance wrth Ihe provisions of the 1982 Act and the Cah(orma ConstiWlion The (ormulas used for calculahng assessmenis reflecls tM1e composition of parcels within ihe Dlsinct and ihe impmvemen�s and services pmvitled, �o faidy appotlion the costs based on the special benefits �o each parcel B. Benefit Analysis Each of �he pmposed servmes, antl �he associatetl ms5 and assessmen5 have been carefulty reviewed, identlfletl end allocated baeed on epeciel beneflt pureuant to [he provisions ot the 1982 Ac[ and the Cahtorma ConstiWtion The dramaqe basin impm ents associated with Nis �isinct are necessary and essenfial reqmr en6 for exis�ing tlevelopmen( antl IM1e ortletly tlevelopment of fuWre pmpetlies wi�hin the Dis�rict �o �heir full po[en�ial, consis[ent wi�h [he contlitions for tlevelopment of t�e properties, pm�ec0on of tlownsVeam properties which woultl be nega�ivety aRec�etl by mcreasetl storm runoR lrom ihe developed propehies wi�hout the basin, and �he applicable portions of the City General Plan. As such, Ihe ongoinq operetion. servicinq and mamtenance o( ihose impmvements woultl otherwise be ihe direcl fnancial obligahon of each indrvidual pmperty owner. Since the exis�ing parcels antl pmposetl new developmen� to be assessed are directly servetl by the drainage basi¢ each parcel has a tlirec� imes�men� in �he pmper mamtenance of �he various improvements that is over antl above any 2021/2022 Benefi�Hssessmen�DlsVic�No.i Pagefi W WILLDAN general benefi[s that may be conferred by such impmvemen�s antl services The consVuclion antl ms�allation of �hese impmvemen�s are only necessary for �he properties within ihe Dishict As such, Ihese improvemenls were not reqwred nor necessarity desved by any properLes or developments outside ihe DisVict boundary antl any public access or use of �he improvements by others Is inciden�al. Therefore. it has been de�ermined �ha� �he ongoing main�enance, servicing antl operation of [he Dis�riq improvemen�s provide no measurable general benefit ta propetlies ou�side [he Dis�nct or to ihe pubhc at large, but clearly provide tlistinc� antl speaal benefis to properties within ihe Disinct C. Assessment Methodology All costs associated with the services shall be fairly disVibWetl among Ihe parcels basetl upon ihe speaal beneft received by each parcel. Additionally, m compliance with [he Cahfomia ConstiWLon ArLcle %IIID Section 4, each parcel's assessment may not exceed �he reasonable wst of the pmpotlional special benefit conferretl to �ha� parcel. The benefit formula used to de[ermine �he assessment obliga�ion is �herefore basetl upon bo�h [he services [hat bene(� �he parcels wi�hin �he Dishic� as well as [he gmss acreage of each properry as mmparetl �o o[her parcels that beneN from those services The method of apportionment eslabhshed for Ihis Dishict and described hereiq re�ecis �he proportional special benefit each property receives from �he serviws basetl on ihe gmss acreage of [ha� parcel as comparetl �o the �o�al gmss acreage of all pmpetlies wi�hin �he Dis[rict excep� Ihose [hat retaim m�off on-site antl do no[ receive any speaal benefit trom those services Equivalenl Benefit llnits In order �o assess benefits equitably it is necessary ro rela[e each property's pmportional special bene(�s [o the speaal benef�s of all o[her properties wLLhm �he Dis�nct The method of apportionment established tor tMs disV¢t, lormed under Ihe 1982 Benefit Act, will uLllze a weighted method of apporlionment known as an Equrvalent Beneft Unit (E9U) me�hodology. This pmpoNional weighhng may be based on several fac�ore �hal may include, but are no� limi�etl �o: �he type of tlevelopment (lantl use�, developmen4 staWs (tlevelopetl versus undevelopetl), size of the pmperty, location o( �he property, tlevelopmen� plans or resVicOons, vehicular [rip genera�ion, sVee� Gontage, tlenshes or other property relaled lactors. Generally, for mos[ distncis ihe calcula�ion of each parcel's proportional special beneft can be reasonabty delermined by applying one or more of �hese hctors- Since �he drainage basin will be constmc�etl to retaim m�off fmm [he pmpetlies wi�hin �he Dis�nc[ antl �he cos[ of mamtenance is directly rela�etl ro[he srze of �he basn, each parcefs proporlional special benefi[ has been based on [he parcefs qross acreage as compared to the total qross acrea9e of all other parcels within the Disinct except ihose 2021/2022 Benefi�Hssessmen�DlsVic�No.i Page] W WILLDAN �hat re�aim m�off on-site antl tlo not receive any special benefit fmm �hose services. Generally, storm wa�er runoff occurs from the en�ire parcel before and a(ter tlevelopmen[. Thus, the gmss s¢e of a parcel prior to development provides a rela�rve companson to ihe amount o( runoH [he parcel will conVibute ro the drainage basm and thus Ihe mst o( mam�enance. Therefore, i� has been de�ermined that for �hls �istric�, each parcel's pmportional benef� (Equivalen� Benefi� Uni�s) shall be equal �o the parcefs gross acreage before tlevelopmen� (muntletl to �wo decimal places). Exempt Parcels — This lantl use itlenhfies properties that are no[ assessetl antl are assignetl 0 00 EBU This land use dassifiwtion may include but is not lim¢etl to: • Lo[s or parcels idenlified as pubhc sVeets and other roadways (typiwlly not assigned an APN by ihe Coun[y) which are otheiwise included in the gross acreage of the parcel pnor to development • Dedicatetl pubhc easements indutling open space areas, utility righis-o6way, greenbelis, parkways, parks or olher pubhcly owned properties ihal are part of ihe DStrict impmvements or may provitle other benefl6 ro pnvate pmperties within ihe Dis�rick • Privale properties Nat canno[ be developetl independenlly Gom an ad�acent property, such as mmmon areas. slrver parcels or biWrcated lots or pmperties with very restrictive developmen� use bN are includetl in the gross acreage prior �o developmen�, . Parcels owned by ihe school dishict, Coachella Valley Waler Dislnct and private developers ihat wtll not be assessetl as part of ihis beneflt assessmen� district, since the mnoH genera�etl by these pmpetlies shall be capWretl antl retainetl onsite �hmugh the constmc�ion and grading of �he si�es These types of parcels are consideretl to receive litlle or no benefi� from �he impmvemen�s antl are �herefore exemp�etl fmm assessmen�, bu� shall be reviewed annualy by Ihe assessment engineer �o confirm [he parcels current tlevelopment s�aWs Government owned propeNes or pubhc properlies are no[ necessarily exemp� properlies and shall be sub�ect ro special beneft assessment unless It quaLfies for an exempt status. The following formula Is used �o calalata each parcal's EBU (proportional banefit)- Total Butlget / Total EBU (Gmss Acres) = Assessmen[ Rate per EBU (ParcePs Acreage I Total Ne[ Acreage) x Total EBU = Parcel's EBU Assessmen� Rate per E9U x Parcel's EBU = Parcel Lery Amount Por all subsequen� parcel subdivisions �ha� resul� in a final map of buildable resitlential lo�s, �he number of EBUs assignetl �o such lo[s shall be calcula�etl by taking �he EBU imLally calculated !or [he odglnal Parcel (idenLllad at Ihe tlme of [his Report) and apportioninq the original assiqned EBUs equally to ihe new bwldable residential lot(s) or 2021/2022 Benefi�Hssessmen�DlsVic�No.i PageB W WILLDAN by equivalen� gmss acreage for noo-resitlential lots crea[ed by a subtlivision map The mrrespondmg assessmen[ shall be levied against �he apphwble mrrespontling Aeseseor'e Parcel Number(s) D. Assessment Range Formula Any new or increasetl assessmen� requires certain no�icing antl mee�ing requirements by law Ptlor [o �he paesege af Praposihon 218 (Cehfamie Constl[u0on Artmles XIIIC entl XIIID), Iegisla0ve changes m[he Brown Act tlefined a"new or increased assessmenf'to exclude certain wnditions. These wnditions Included "any assessment that does not exceed an assessment formula or range of assessmenis previously adop�etl by tM1e agency or appmvetl by �he voters in �he area where the assessmen� is imposetl" This defm�ion entl contll�lons were letar confirmed Ihmugh Senete Blll 919 (Pmposltlon 218 implementing legisle�lon) If the proposed annual assessment (levy per EBU) for ihe upcoming (iscal year is less �han or equal �o �he adlus�etl Maximum Assessment Ra�e, �hen �he proposed annual assessment is no� consitlered an increased assessment. The purpose of es�ablishing an Assessment Range Pormula is �o provitle for reasonable increases and mflahonary atljuslment to annual assessments without reqwrinq cos0y noticing and maJing procedures, which could add ro the DisVict cos[s and assessmenls. As paN of the Dlsincl tormatioq tM1e noLce and assessment ballots presen�etl to �he pmperty owners for appmval, includetl a maximum assessmen� amount for fiscal year 200]/2008 (ini�ial maximum assessmenQ. itlen[ifica�ion of �he mrresponding Maximum Assessment Ra�e antl a summary of the Assessment Range Formula tlescnbetl herein The Assessment Ranqe Formula for this Disinct shall be applied to all future assessmenls antl is generally defned The Maximum Assessment Rate is edual �o �he (Ini�ial) Maximum Assessment Ra�e es[ablished for(scal year200]/20�8 atl�usted annually by �he greaterofthree percent (3 %) or ihe annual percentage change m the Consumer Pnce Index (CPI) ot "All Urban Consumers' for the Los Angeles- Long Beach-Anaheim Area (or March. Starting flscal year 2019I2020 ihe Maximum Assessment Rate will be atl�usted annualty by the greater of thrae pemen� (3 %) or the annual percen�aga change in �he Consumer Prica Intlex (CPI) of "All Urban Consumers" (or �he Riverside-San Bemartlino-Ontario Area. Beginning m the second fiscal year (fscal year 2008I2009) and each fscal year ihereafleq the Maximum Assessment Rate will be recalculated and a new Maximum Assessmen� Rate es�abhshed for �he fiscal year ubLzing �he Assessment Range Formula describetl above The atljusted Maximum Assessment Rate shall be calcula�etl intlependen� of �he Dis�ricfs annual budge� antl pmposetl assessment The annual percen�age change m CPI shall be basetl on available tla�a providetl by �he U 5. Department of Labor, Bureau of Labor Statistics at the time the annual Reporl is prepared 2021/2022 Benefi�Hssessmen�DlsVic�No.i Page9 W WILLDAN Shoultl the Bureau of Labor S�a�istics revise such index or discontinue �he prepara�ion of such intlex, the Gry shall use the revisetl mtlex or comparable sys�em as approved by Ihe Q[y CouncA tor determining lNcluations m[he cost of hving. Any pmposed annual assessmen� (ra�e per EBU) less lhan or equal to �he calculated (atljusted) Maximum Assessment Rate is no� consitleretl an increasetl assessmen[ even if �he pmposetl assessment is grea�er than the assessment applietl in �he prior fiscal year. To impose a new or increased assessmenl other ihan ihe annual mtlationary atl�ustment provided by ihe preceding Assessment Ranqe Formula, ihe Qty must comply with the promsions of �he Califomia Corelitubon Article XIIID SecLon Aq �ha� reqwres a publlc hearing and certain pm�est pmcetlures inclutling mailetl notice of �he public hearing antl pmperty owner pmtest ballo�ing Pmpetly owners, �hmugh the balb�ing process, must approve a proposetl new or mcreased assessment before such an assessmen[ may be imposed 2021/2022 Benefl�Hssessmen�DlsVic�No.1 Page 10 W WILLDAN PART III — DISTRICT BUDGET o�.aoe co:�s LaLo� anU Mam�enanoe Malenals ueiieas AtlminisValion Pryntlminiso-euon Ovameaa Pmtes4ionelleeSfo�AtlmmisVaOon Caunly Htlminislre�ion Fee RESERVE FIIND ILIP FUND BALANCE TO LEW �'� Parcels Lemetl Tolel EBU's (GmssAcres) FY 2021I2022 MAXIMUM LEW PER EBII FY 2021I202] LEVY PER EBII FY 2020I2021 MA%IMUM LEVY VER EBU FY 2020I2021 LEVY PER EBU Eslime�etl Beginning Reserve Belence-June 3q 2021 Remrve Funtl Atllushnents ESOma�eO Entling Feserve 6alance � Juna 30, 2022 Beginning QP Funtl Balance -June 3q 2021 cip Funa naius�mems esnme�ea civ aeience-d�ne aq zozz rotai S snowo 103,16488 2 038 91 s xw,soaos S �5,Q990] 2fi0].43 045 ]] $ 18.16828 $ 31,1I395 $ 152814 ]1 ]88 053 66 S 612.33 S 5A30 $ 59136 $ 55/.30 $ 2,259,8]]81 $ 2259,8]]81 $ ��883�0I212 3t n395 $ 1,894,6460] (t) ShgM1t vananca from Cnerga tolal sum on Assessment Rol� tlue to muntlin9 2021/2022 Benefl�Hssessmen�DlsVic�No.1 Page 1� W WILLDAN PART N— DISTRICT DIAGRAMS The parcels wi�hin Benefit Assessmen[ Dishm� No. 1, Parcel Map No 24255 (Mon�erey 1]0) / Assessment Disinc12004-02 (Section 29) consis[ ot lots, parcels and subdrvisions of land located In ihe planned resdenhal and commercial development known as Seclion 29 and Mon�erey 710. The Distriq wvers approximately four hundred sixty acres (460 acres) m[he CIty of Palm Desert The following �istric� Diagram is basetl on the Riverside County Assessor's Maps antl �he Riversitle County Assessor's informa�ion antl itlen�ifies all �he parcels of lantl wi�hin �he pmposed Dis�nct, as the same existed at �he Ome [his Report was preparetl The mmbinalion of this map antl the Assessmen[ Roll contained m Ihis Report cons�iWte [he Disinct Assessment Diagram. 2021/2022 Benefl�Hssessmen�DlsVic�No.1 Page 12 W WILLDAN � BOUNDARIES OF THE CITY OF PALM DESERT BENEFITASSESSMENT DISTRICT NO. 1 (MONTEREY 770 ! SECTION 29) c � _ �iaiwlrMnv _ _ �'�� 4 �� :;� �4)ti ��F� �.. _.�� , ' ��,� _� � � � �; �� ' � � �� ` Q � r = � �l — ��.11�� oa Legend � Distrid Bountlary Q ciry or aaim oasen 0 Noru anar ��;� �- �;, � � Tr�� __ � ��— =� — WILLDAN rm.�.�.,�� 2021/2022 Benefl�Hssessmen�DlsVic�No.1 Page 13 W WILLDAN PART V—ASSESSMENT ROLL Parcel itlen�ifica�ion for each lo[ or parcel wi�hin �he Dis�nct is basetl on �he Assessmen� Diagram presented herein antl is basetl on available parcel maps antl property tlata Gom ihe Rrverside County Assessor's Of(ice at ihe time the Engineer's Report was prepared. A listing of ihe pmposed lots antl parcels to be assessed within ihis Disinct along with ihe assessment amounts is pmvitled herein. Non-assessable lo[s or parcels may mclutle, bu� are no[ limi�etl �o public shee[s antl o[her roadways Qypiwlly no[ assignetl an APN by ihe County); detlicatetl public easements, open space areas, righ4obways, common areas', bRurcated lots, and any other pmperly ihat cannot be developetl or has httle or no value. These types of parcels are consdered �o receive li�tle or no benefi� from the impmvemen�s antl are �herefore exemp�etl fmm assessment If any parcel submi[ted for mllec0on is iden�ifietl by ihe Counry Audi�or-ConVoller to be an imalid parcel number tor Ihe fscal year, a corrected parcel number and/or new parcel numbers will be idenhfed and resubmltted to tM1e County AudltorConVoller_ The assessment amount to be levied and wllectetl for�he resubmi��etl pamel or parcels shall be basetl on [he me�hotl of appotlionment antl assessmen� ra�e tlescribetl in this Report as approvetl by [he Ciry Council Therefore, R a single parcel is subtlrvidetl �o mW�iple parcels, ihe assessmen[ amount applietl to each of Ne new parcels shall be recalculatetl and apphetl according to the approved method of apporlionment and assessment rale rather than a proportionate share of ihe onginal assessment. 2021/2022 Benefl�Hssessmen�DlsVic�No.1 Page 14 m n:r oi vmm oe.en u::mem m:�na xo. � rreum �:yn.aa•amainxon�so.uaeyn..e.sa..rn,�m x�meap m n:r oi vmm oe.en u::mem m:�na xo. � rreum �:yn.aa•amainxon�so.uaeyn..e.sonwK.ix�meap m n:r oi vmm oe.en u::mem m:�na xo. � rreum �:yn.aa•amainxon�so.uaeyn..e.sonwK.ix�meap m n:r oi vmm oe.en u::mem m:�na xo. � rreum �:yn.aa•amainxon�so.uaeyn..e.sonwK.ix�meap m n:r oi vmm oe.en u::mem m:�na xo. � rreum �:yn.aa•amainxon�so.uaeyn..e.sonwK.ix�meap m n:r oi vmm oe.en u::mem m:�na xo. � rreum �:yn.aa•amainxon�so.uaeyn..e.sonwK.ix�meap m n:r oi vmm oe.en u::mem m:�na xo. � rreum �:yn.aa•amainxon�so.uaeyn..e.sa..rn,�m x�meap m n:r oi vmm oe.en u::mem m:�na xo. � rreum �:yn.aa•amainxon�so.uaeyn..e.sonwK.ix�meap m n:r oi vmm oe.en u::mem m:�na xo. � rreum �:yn.aa•amainxon�so.uaeyn..e.sonwK.ix�meap m n:r oi vmm oe.en u::mem m:�na xo. � rreum �:yn.aa•amainxon�so.uaeyn..e.sa..rn,�m x�meap m n:r oi vmm oe.en u::mem m:�na xo. � rreum �:yn.aa•amainxon�so.uaeyn..e.sa..rn,�m x�meap m n:r oi vmm oe.en u::mem m:�na xo. � rreum �:yn.aa•amainxon�so.uaeyn..e.sa..rn,�m x�meap . 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