HomeMy WebLinkAboutRes 2018-59 - Direct Surplus Funds for Maint of Financed ImprvmntsSTAFF REPORT
CITY OF PALM DESERT
FINANCE DEPARTMENT
MEETING DATE: July 12, 2018
PREPARED BY: Janet M. Moore, Director of Finance
REQUEST: Adopt Resolution No. 2018- 59 , determining and directing surplus
funds of City of Palm Desert Assessment District Nos. 81-1, 83-1,
84-1, 87-1, 92-1, 94-1, and 94-2 to be used for maintenance of
financed improvements
Recommendation
Waive further reading and adopt Resolution No. 2018 -59 , determining and
directing surplus funds of City of Palm Desert Assessment Districts Nos. 81-1, 83-1,
84-1, 87-1, 92-1, 94-1, and 94-2 to be used for maintenance of financed
improvements.
Executive Summary
Seven assessment districts previously formed by the City have matured, meaning that all
authorized public improvements for each district have been completed, all bonds issued
to finance or refinance such public improvements have been paid in full, and assessment
installments are no longer levied by the City on any parcels within any of the assessment
districts. Surplus monies in varying amounts remain for each of the districts. Approval of
the attached resolution would provide for the surplus funds to be used by the City for
maintenance of the respective City improvements financed by each assessment district,
as authorized under applicable law.
Background
Pursuant the Municipal Improvement Act of 1913, the City Council has previously formed
and conducted special assessment proceedings for the following assessment districts to
finance certain public capital improvements for the benefit of the land within the
corresponding assessment district: (i) Assessment District No. 81-1 (Shadow Mountain
Drive Area), (ii) Assessment District No. 83-1, (iii) North Sphere Assessment District No.
84-1, (iv) Assessment District No. 87-1, (v) Assessment District No. 92-1 (Sierranova),
(vi) Assessment District No. 94-1 (Bighorn), and (vii) Assessment District No. 94-2
(Sunterrace). Assessment Maps showing the location and boundaries of each
assessment district are attached hereto as Attachment A.
The City has previously issued bonds to finance the respective improvements for each
assessment district. With the exception of AD No. 81-1, the assessment districts and the
July 12, 2018 - Staff Report
Resolution No. 2018 - 59 Directing Surplus Funds of Assessment Districts Nos. 81-1,
83-1, 84-1, 87-1, 92-1, 94-1, and 94-2
Page 2 of 3
original bonds were issued pursuant to the Improvement Bond Act of 1915. For AD No.
81-1, the original bonds were issued pursuant to the Improvement Act of 1911. In addition,
the City has issued refunding bonds to refinance the original bonds and improvements
for ADs 83-1, 84-1, 87-1, 94-1, and 94-2, all pursuant to the Refunding Act of 1984 for
1915 Improvement Act Bonds.
As of June 27, 2018, surplus funds for each assessment district remain on deposit with
the City in the following amounts: (i) $270,664.43 for AD 81-1, (ii) $39,325.07 for AD 83-
1, (iii) $533,670.90 for AD 84-1, (iv) $237,468.50 for AD 87-1, (v) $123,091.48 for AD 92-
1, (vi) $326,693.29 for Assessment District No. 94-1 (Bighorn), and (vii) $97,129.44 for
Assessment District No. 94-2 (Sunterrace).
Based upon legal review performed by the City's bond counsel, there are two primary
options that are available to the City for disposition of the surplus funds: (a) maintenance
of the City improvements financed by the applicable assessment district, and (b) refunds
to property owners.
Between these two options, staff recommends that the surplus funds be used toward
maintenance of the City improvements financed by the applicable assessment district.
The maintenance option would provide a more optimal use of the surplus funds, because
the governing law applicable to a significant portion of the possible refunds would require
the City to determine each person who paid an assessment installment and pay the refund
to those original payors (if their current addresses can be determined). The administrative
cost and time of this process would be prohibitive, and moreover the process may not be
successful in locating the original payors.
By adopting the attached Resolution and directing that the surplus funds be used by the
City for the maintenance of the respective City improvements financed by each
assessment district, including the payment of incidental expenses incurred in connection
therewith, monies of the City otherwise needed for maintenance would be freed up for
other uses. Moreover, administratively, this option is simple to implement. After adoption
by the City Council of the attached Resolution, the City must keep the funds segregated
for each district and then may apply the surplus funds toward maintenance of the
respective City improvements financed by the applicable district, as needed or desirable
from time to time.
The public capital improvements financed by each assessment district are set forth in
Attachment B.
Fiscal Analysis
By adopting the attached Resolution and directing that the surplus funds be used by the
City for the maintenance of the respective City improvements financed by each
assessment district, including the payment of incidental expenses incurred in connection
G \Finance\Niamh Ortega\Assessment District Administration\Surplus Funds for Maintenance - staff report 071218\SR - Surplus Funds in matured
Palm Desert assessment districts 7-12-18 r1 docx
July 12, 2018 - Staff Report
Resolution No. 2018 - 59 Directing Surplus Funds of Assessment Districts Nos. 81-1,
83-1, 84-1, 87-1, 92-1, 94-1, and 94-2
Page 3 of 3
therewith, monies of the City otherwise needed for these maintenance purposes would
be freed up for other uses.
LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER
Reviewed by:
Diana K. Chuang
Bond Counsel
Richards Watson
Gershon
and net M. Moore
Director of Finance
r
W>ec l
et M. Moore
Director of Finance
Lauri Aylaian
City Manager
�L—
ATTACHMENTS: Resolution No. 2018 - 59
Attachment A - Location and Boundaries of each Assessment District
Attachment B - Improvements Financed by each Assessment District
G:\Finance\Janet Moore\AD's CFD's\SR - Surplus Funds in matured Palm Desert assessment districts 7-12-18 r1.docx
RESOLUTION NO. 2018- 59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT
DETERMINING AND DIRECTING SURPLUS FUNDS OF CITY OF PALM
DESERT ASSESSMENT DISTRICTS NOS. 81-1, 83-1, 84-1, 87-1, 92-1, 94-
1, AND 94-2 TO BE USED FOR MAINTENANCE OF FINANCED
IMPROVEMENTS
RECITALS:
WHEREAS, pursuant the Municipal Improvement Act of 1913 (Streets and Highways
Code Section 10000 et seq.) (the "1913 Act"), the City Council has previously formed and
conducted special assessment proceedings for the following assessment districts
(collectively, the "Assessment Districts") to finance certain public capital improvements (the
"Improvements") for the benefit of the land within the corresponding Assessment District: (i)
Assessment District No. 81-1 (Shadow Mountain Drive Area), (ii) Assessment District No. 83-
1, (iii) North Sphere Assessment District No. 84-1, (iv) Assessment District No. 87-1, (v)
Assessment District No. 92-1 (Sierranova), (vi) Assessment District No. 94-1 (Bighorn), and
(vii) Assessment District No. 94-2 (Sunterrace); and
WHEREAS, pursuant to the Improvement Act of 1911 (Streets and Highways Code
Section 5000 et seq.) (the "1911 Act") with respect to Assessment District No. 81-1 (Shadow
Mountain Drive Area) and the Improvement Bond Act of 1915 (Streets and Highways Code
Section 8500 et seq.) (the "1915 Act") with respect to the balance of the Assessment Districts,
the City has previously issued bonds (collectively, the "Original Bonds") to finance the
respective Improvements for each Assessment District; and
WHEREAS, pursuant to the Refunding Act of 1984 for 1915 Improvement Act Bonds
(Streets and Highways Code Section 9500 et seq.) (the "1984 Refunding Act") the City has
previously issued refunding bonds to refinance the respective Original Bonds and
Improvements for Assessment District No. 83-1, North Sphere Assessment District No. 84-1,
Assessment District No. 87-1, Assessment District No. 94-1 (Bighorn), and Assessment
District No. 94-2 (Sunterrace) (collectively, the "Refunding Bonds"); and
WHEREAS, the Improvements for all of the Assessment Districts have been
completed, all of the Original Bonds and the Refunding Bonds have been paid in full, and
accordingly, assessment installments are no longer levied by the City on the parcels within
any of the Assessment Districts; and
WHEREAS, surplus funds for the Assessment Districts remain in the respective
amounts described in Section 1 of this Resolution; and
WHEREAS, pursuant to Section 10427 of the 1913 Act, Section 5132.05 of the 1911
Act, Section 8784 of the 1915 Act, and Section 9518 of the 1984 Refunding Act, as applicable,
such surplus funds may, upon a determination of the City Council, be used by the City for the
maintenance of the respective City Improvements financed by each Assessment District and
the payment of incidental expenses incurred in connection therewith.
RESOLUTION NO. 2018- 59
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES
HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Pursuant to Section 10427 of the 1913 Act, Section 5132.05 of the 1911
Act, Section 8784 of the 1915 Act, and Section 9518 of the 1984 Refunding Act, as applicable,
surplus funds remain for the Assessment Districts in the respective amounts, as of June 27,
2018, as follows (collectively, the "Surplus Funds"), and that the Surplus Funds, and all
interest earnings thereon, shall be used by the City for the maintenance of the respective City
Improvements financed by each Assessment District and the payment of incidental expenses
(as defined in the 1913 Act, the 1911 Act, the 1915 Act, and the 1984 Refunding Act, as
applicable) incurred in connection therewith and this Resolution: (i) $270,664.43 for
Assessment District No. 81-1 (Shadow Mountain Drive Area), (ii) $39,325.07 for Assessment
District No. 83-1, (iii) $533,670.90 for North Sphere Assessment District No. 84-1, (iv)
[$237,468.50] for Assessment District No. 87-1, (v) $123,091.48 for Assessment District No.
92-1 (Sierranova), (vi) $326,693.29 for Assessment District No. 94-1 (Bighorn), and (vii)
$97,129.44 for Assessment District No. 94-2 (Sunterrace).
The Surplus Funds for each Assessment District shall be held in a separate fund for the
corresponding Assessment District and shall be used solely for the maintenance of the
respective City Improvements financed by the applicable Assessment District, including
incidental expenses.
Section 2. The Director of Finance -City Treasurer and all other officers of the City are
hereby authorized and directed, jointly and severally, to do any and all things which they may
deem necessary or advisable in order to carry out, give effect to and comply with the terms
and intent of this Resolution, and all actions heretofore taken by the officers, employees and
agents of the City with respect to this Resolution are hereby approved, confirmed and ratified.
PASSED, APPROVED and ADOPTED this 12th day of July, 2018, by the following
vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
SABBY JONATHAN, MAYOR
Page 2of2
G:\Finance\Niamh Ortega\Assessment District Administration\Surplus Funds for Maintenance - staff report 071218\RES - Surplus
Funds in matured Palm Desert assessment districts 7-12-18.docx
RESOLUTION NO. 2018-59
ATTACHMENT A
TO STAFF REPORT
LOCATION AND BOUNDARIES OF
(i) Assessment District No. 81-1 (Shadow Mountain Drive Area),
(ii) Assessment District No. 83-1,
(iii) North Sphere Assessment District No. 84-1,
(iv) Assessment District No. 87-1,
(v) Assessment District No. 92-1 (Sierranova),
(vi) Assessment District No. 94-1 (Bighorn), and
(vii) Assessment District No. 94-2 (Sunterrace)
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RESOLUTION NO. 2018-59
ATTACHMENT B
IMPROVEMENTS FINANCED BY MATURED ASSESSMENT DISTRICTS
(includes City Improvements and Other Improvements)
Assessment District No. 81-1 (Shadow Mountain Drive Area)
A Street Improvement Program consisting of the following work within the
boundaries of AD No. 81-1: Construction of curb and gutter, curb only along with
the required depressions for driveway approaches and handicap ramps; removals
of certain existing curbs which is necessitated to properly provide for the necessary
drainage; removal of existing asphaltic concrete and portland cement concrete
both in the traveled way and in driveway area; construction of paved roadway
where previously there was no paving, or where paving required removal and in
the areas where an overlay of existing paving was required; adjusting of various
utility valve covers and manhole frame and covers to grade after completion of
paving; removal and/or relocation of the facilities which, if left in place, would
interfere with the street improvements.
II. Assessment District No. 83-1
The following public works of improvement, together with appurtenances and
appurtenant work, including acquisition where necessary, within the boundaries of
AD 83-1: installation and construction of a storm drain system; street
improvements, including curbs, gutters, paving, cross gutters, driveway
approaches, reconstruction of existing driveways, the raising of water valves and
manholes to grade and the removal and/or relocation of objects and facilities
which, if left in place would interfere with the function of the street improvements;
acquisition of necessary rights -of -ways; and appurtenances and appurtenant work.
III. North Sphere Assessment District No. 84-1
Certain public improvements for the benefit of land within AD 84-1, as follows:
The opening of and construction and installation of streets, sanitary sewers and
domestic water improvements, including excavation and grading, paving,
construction of curbs and gutters, installation of water mains and sewer mains,
together with appurtenances and appurtenant work, and the acquisition of rights
of way and easements necessary therefor, in the following streets: Gerald Ford
Drive, between Monterey Avenue and Portola Avenue; Frank Sinatra Drive,
between Monterey Avenue and Cook Street; Portola Avenue, between Country
Club Drive and Gerald Ford Drive; and Cook Street, between Country Club Drive
and Frank Sinatra Drive; a water main for transmission of reclaimed water in
Portola Avenue from Country Club Drive northerly approximately 3,000 feet, and
the acquisition of land in the Coachella Valley Ecological Reserve to compensate
for the area of habitat of the fringe -toed lizard, a federally -listed rare and
endangered species, affected by the improvements proposed within AD 84-1.
B-1
RESOLUTION NO. 2018-59
ATTACHMENT B — cont'd
IV. Assessment District No. 87-1
Certain public street, storm drain, sanitary sewer and related improvements for the
benefit of land within AD 87-1, as follows:
A. The installation and construction of a storm drain system, together with
appurtenances and appurtenant work.
B. The installation and construction of street improvements including curbs,
gutters, paving, cross gutters, driveway approaches, reconstruction of existing
driveways, the raising of water valves and manholes to grade and the removal
and/or relocation of mailboxes, walls, trees, shrubs, waterlines, and other facilities
as may be required, which, if left in place, would interfere with the function of the
improvements, together with appurtenances and appurtenant work.
C. The installation and construction of a sanitary sewer system, including an eight -
inch sewer main within the public rights of way and easements and four -inch and
six-inch laterals to the property line, together with appurtenances and appurtenant
work.
D. The acquisition of rights -of -way or land necessary for the accomplishment of
the above -described works of improvement.
V Assessment District No. 92-1 (Sierranova)
Street, water and sanitary sewer improvements for the benefit of land within AD
92-1, as follows:
Street Improvements
All of the street and related improvements as shown on the plan for Tract No.
25711, designated as Eldorado Drive, sheets 4 and 5 of 13, approved by the
Director of Public Works of the City of Palm Desert on November 14, 1991, and on
file at the office of Director of Public Works (Portions of said improvements extend
into Lots M and N of said Tract).
All the street and related improvements in Lot B as shown on sheets 3 and 4 of 13
of the above mentioned plans, designated as Sandcastle Lane.
Water System Improvements
The Water System improvements as shown on sheets 1 through 8 of 8 for Tract
25711. The system acquired consists of mains 8", 12" and 18" diameter, valves,
air -vacs, fire hydrants and other appurtenances as shown on the plans referenced
above.
Sanitary Sewer System
The sanitary sewer system improvements as shown on sheets 1 through 9 of 9,
for Tract 25711. The system acquired consists of 10", 8" and 4" diameter V.C.P.,
manholes and clean -outs.
VI. Assessment District No. 94-1 (Bighorn)
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RESOLUTION NO. 2018-59
ATTACHMENT B - cont'd
(a) water system improvements and facilities which have been constructed by and
acquired from Desert Communities, Inc. (the "Developer") and transferred to
Coachella Valley Water District; (b) roadway widening improvements to State
Highway 74 which have been constructed by and acquired from the Developer and
transferred to the State of California; and (c) roadway widening improvements to
State Highway 74 constructed by the City pursuant to cooperative agreements
between the City and the Department of Transportation of the State of California.
VII. Assessment District No. 94-2 (Sunterrace)
Public street, water, sewer, and drainage improvements of benefit to property in
AD 94-2.
Street Improvements. All of street improvements in Eldorado Drive, Hovley Lane
and Sandcastle Lane including curb, gutter, base material, paving, sidewalks,
handicap ramps, and the necessary striping and signing.
Water System Improvements. Includes 12" and 18" diameter pipes, valves and air
relief valves in Hovley Lane, Eldorado Drive, and Sandcastle Lane.
Sanitary Sewer System. Sanitary sewer system consisting of 8" diameter pipes
and manholes in existing Hovley Lane.
B-3