HomeMy WebLinkAboutRes 2016-52 - FY 2016-17 BAD No. 1CITY OF PALM DESERT
OFFICE OF THE CITY TREASURER
STAFF REPORT
REQUEST: APPROVE THE FINAL ENGINEER'S ANNUAL LEVY REPORT FOR,
AND ORDER THE LEVY AND COLLECTION OF ASSESSMENTS
WITHIN, CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT
NO. 1 FOR FISCAL YEAR 2016-2017.
SUBMITTED BY: Thomas J. Metz, Deputy City Treasurer
CONTRACTOR: Willdan Financial Services
DATE: June 9, 2016
CONTENTS: Resolution No. 2016- 52
Engineer's Annual Levy Report for Fiscal Year 2016-2017
Recommendation
Waive further reading and adopt:
Resolution No. 2016- 52 , approving the Engineer's Annual Levy Report
for, and ordering the levy and collection of assessments within, City of Palm
Desert Benefit Assessment District No. 1 for Fiscal Year 2016-2017, pursuant
to the provisions of The Benefit Assessment Act of 1982.
Strate4ic Plan Objective
Not Applicable.
Background
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. BAD No. 1 was
formed 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.
The City Council, at its regular meeting on May 12, 2016, initiated the proceedings and set a
public hearing to consider the attached resolution which would approve the final Engineer's
Annual Levy Report for, and order the levy and collection of assessments within BAD No. 1 for
Fiscal Year 2016-2017, pursuant to California law.
Staff Report
Public Hearing for BAD No. 1
June 9, 2016
Page 2 of 2
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.
Submitted By: Reviewed By:
Thantai
Mittl-e/
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Thomas J. M . Moore
Deputy City Treasurer Director of Finance & City Treasurer
•
CITY COUNCILA52tION
Approved By: APPROVED ✓✓ DENTED
RECEIVED OTHER
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n MEET D 'E C u/
s.'n McCarthy ff�`
Inte m City Manager AYES
NOES:
ABSENT:
tjm ABSTAIN:
VERIFIED BY:
Attachments (as noted) Original on File with City CieCitrs Office
1-1:\1WORD 2007\L&L DISTRICTS\PUBLIC HEARING\FY 2017 BAD NO. 1.doc
RESOLUTION NO. 2016- 52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT APPROVING THE ANNUAL ENGINEER'S REPORT AND
ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS
WITHIN THE CITY OF PALM DESERT BENEFIT ASSESSMENT
DISTRICT NO. 1, FOR FISCAL YEAR 2016/2017, PURSUANT TO THE
PROVISIONS OF THE BENEFIT ASSESSMENT ACT OF 1982
WHEREAS, the City Council of the City of Palm Desert (hereafter referred to as
the "City Council") has, by previous Resolutions declared its intention to levy
assessments for the City of Palm Desert Benefit Assessment District No. 1 (hereinafter
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 an Engineer's Annual
Levy Report (hereafter referred to as the "Report") that describes the assessments
against the parcels of land within the District for the fiscal year commencing July 1, 2016
and ending June 30, 2017 to pay for the maintenance, operation and servicing of
improvements and facilities related thereto; and
WHEREAS, the City Council has carefully examined and reviewed the
Engineer's 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 received from the improvements, operation, maintenance and
services to be performed, as set forth in said the Report;
WHEREAS, the City Council and its legal counsel have reviewed Proposition 218
and found that these assessments comply with applicable provisions of Article XIIID of
the California State Constitution; and
WHEREAS, the City Council desires to levy and collect assessments against
parcels of land within District for the Fiscal Year commencing July 1, 2016 and ending
June 30, 2017, to pay the costs and expenses of operating, maintaining and servicing the
improvements and appurtenant facilities located within the District.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY
THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:
Section 1. Following notice duly given, the City Council has held a full and fair
Public Hearing regarding the District, the levy and collection of assessments, the
Report prepared in connection therewith, and considered any oral and written
statements, protests and communications made or filed by interested persons
regarding these matters.
RESOLUTION NO. 2016-52
Section 2. The City Council finds the record owners of property within the
District previously approved the continued levy and collections of assessments
through property owner balloting proceedings, and that the proposed assessment
for Fiscal Year 2016/2017 is consistent with the assessment so approved.
Section 3. Based upon the Report, which is here by approved and is ordered
to be filed in the Office of the City Clerk as a permanent record and to remain
open to public inspection, the City Council hereby finds and determines that:
a) The land and eligible parcels within the boundaries of the District
will receive a particular and distinct benefit over and above general
benefits conferred on real property located in the District or to the
public at large from the operation, maintenance and servicing of the
improvements and appurtenant facilities identified in the Report
(hereinafter referred to as "Special benefit"); and,
b) The District includes the lands and parcels receiving such Special
Benefit; and
c) The net amount to be assessed upon the lands within the District is
in accordance and apportioned by a formula and method which
fairly distributes the net amount among eligible parcels in
proportion to the special benefit to be received by each parcel from
the improvements and services for the fiscal year commencing July
1, 2016 and ending June 30, 2017.
Section 4. The Report and assessment as presented to the City Council and on
file in the office of the City Clerk comply with the applicable provisions of the
California State Constitution Article MID and are hereby confirmed as filed.
Section 5. The maintenance, operation and servicing of the improvements shall
be performed pursuant to the provisions of the Benefit Assessment Act of 1982,
Title 5, Division 2, Part 1, Chapter 6.4 of the Government Code of the State of
California Commencing with section 54703 (hereafter referred to as the "Act"). The
City Council hereby orders the proposed improvements to be made, which
improvements are briefly described as the operation, maintenance, servicing and
administration of the improvements, and incidental expenses related thereto for
the District located within the boundary of the City of Palm Desert, and the
jurisdiction of the City Council. A more detailed description of the improvements is
contained within the Engineer's Report, but the improvements and facilities can be
classified within the following general categories:
• Installation, construction or maintenance of any authorized improvements
under Act, including, but not limited to, drainage improvements and any
facilities which are appurtenant to any of the aforementioned or which are
necessary or convenient for the maintenance or servicing thereof.
GlFinanceftamh OrtegalAssessment Distract AdministratronlBADIRES - Approve Eng Rot And Order Levy And Collection - BAD No. 1 FY1617.Doc
Page 2
RESOLUTION NO. 2016-52
Section 6. The County Auditor of Riverside County shall enter on the County
Assessment Roll opposite each eligible parcel of land the amount of levy, and
such levies shall be collected at the same time and in the same manner as the
County taxes are collected, pursuant to the provisions provided in the Act. After
collection by the County, the net amount of the levy shall be paid to the Treasurer
of the City of Palm Desert.
Section 7. The City Treasurer shall deposit all money representing
assessments collected by the County for the District to the credit of a fund for the
City of Palm Desert Benefit Assessment District No. 1, a and such money shall be
expended only for the maintenance, operation and servicing of the improvements
as described in section 5.
Section 8. The adoption of this Resolution constitutes the District levy for the
fiscal year commencing July 1, 2016 and ending June 30, 2017.
Section 9. The City Clerk, or their designate, is hereby authorized and directed
to file the levy with the County Auditor upon adoption of this Resolution.
Section 10. A copy of the levy shall be filed in the office of the City Clerk and
open for public inspection.
G.IFinanceftamh OrtegakAssessment District AdministrationDADIRES - Approve Eng Rpt And Order Levy And Collection - BAD No. 1 FY1617.Doc
Page 3
RESOLUTION NO. 2016-52
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this day of June, 2016, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT A. SPIEGEL, MAYOR
City of Palm Desert, California
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
City of Palm Desert, California
APPROVED AS TO FORM:
ROBERT W. HARGREAVES, CITY ATTORNEY
Best, Best & Krieger, LLP
GlFinanceftamh OrtegalAssessment District AdministrationlBADIRES - Approve Eng Rpt And Order Levy And Collection - BAD No. 1 FY1617 Doc
Page 4
City of Palm Desert
Benefit Assessment District No.1
2016/2017 ENGINEER'S ANNUAL LEVY REPORT
Intent Meeting: May 12, 2016
Public Hearing: June 9, 2016
WILLDAN
Financial Services
ENGINEER'S REPORT AFFIDAVIT
Benefit Assessment District No.1
The District includes parcels of land within the subdivisions know as
Assessment District 2004-02 (Section 29)
City of Palm Desert,
County of Riverside, State of California
This Report and the enclosed budget, assessments, descriptions and diagrams
describe the Benefit Assessment District No.1, and include each lot, parcel, and
subdivision of land within said District, as the same existed at the time of the
passage of the Resolution of Intention. Reference is hereby made to the
Riverside County of Assessor's maps for a detailed description of the lines and
dimensions of parcels within the District. The undersigned respectfully submits
the enclosed Report as directed by the City Council.
rtti
Dated this Z day of
Willdan Financial Services
Assessment Engineer
On Behalf of the City of Cathedral City
By:
Josephine Perez -Moses, Senior Project Manager
District Administration Services
By:
Richard Kopecky
R.C.E. # 16742
, 2016.
Q�kfl
C 16742
EXP �v 3a /
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TABLE OF CONTENTS
INTRODUCTION................................................................................1
PART I — PLANS AND SPECIFICATIONS ...................................... 4
A. Benefiting Properties within the District ....................................... 4
B. Funding authorized by the 1982 Act ............................................ 4
C. Description of Services............................................................... 4
PART II — METHOD OF APPORTIONMENT ................................... 6
A. General....................................................................................... 6
B. Benefit Analysis........................................................................... 6
C. Assessment Methodology........................................................... 7
D. Assessment Range Formula....................................................... 9
PART III — DISTRICT BUDGET.....................................................11
PART IV — DISTRICT DIAGRAMS.................................................12
PART V — ASSESSMENT ROLL...................................................14
,O/WILLDAN I
Financial services
INTRODUCTION
Pursuant to the provisions of the Benefit Assessment Act of 1982, being Chapter
6.4 of the California Government Code, commencing with Section 54703
(hereafter referred to as the "1982 Act"), and in compliance with the substantive
and procedural requirements of the California State Constitution Article XIIID
(hereafter referred to as the "California Constitution"), the City Council of the City
of Palm Desert, County of Riverside, State of California (hereafter referred to as
"City"), proposes to levy special benefit assessments for the district designated
as:
City of Palm Desert Benefit Assessment District No. 1
Benefit Assessment District No. 1 (hereafter referred to as "District"), which
includes lots and parcels of land within the subdivisions known as Monterey 170
and subdivision known as Section 29, within the City limits of Palm Desert. The
areas included in the District are also known as Parcel Map No. 24255 (Monterey
170) / Assessment District 2004-02 (Section 29).
The Engineer's Annual Levy Report (hereafter referred to as the "Report")
describes the District, the services, and the proposed assessments to be levied
against properties in connection with the special benefits that the properties will
receive from the maintenance and servicing of the District improvements and
facilities commencing in fiscal year 2016/2017. The District and the assessments
described herein will provide a funding source (annual assessments) for the
continued operation, maintenance and servicing of the drainage basin, including
expansions thereto.
The services and assessments described in this Report are based on the current
and planned development of properties within the District and represent an
estimate of the direct expenditures, incidental expenses, and fund balances that
will be necessary to operate, maintain and service the drainage basin that
provides special benefits to properties within the District. The structure of the
District (organization), the proposed services, the method of apportionment, and
assessments described herein are based on the current and proposed
development within the District; and by reference, the plans and specifications for
the drainage basin and expansion thereto are made part of this Report. The word
"parcel," for the purposes of this Report, refers to an individual property assigned
its own Assessor's Parcel Number (APN) by the Riverside County Assessor's
Office. The Riverside County Auditor -Controller uses Assessor's Parcel Numbers
and specific Fund Numbers to identify properties to be assessed on the tax roll
for the special benefit assessments.
As part of this District, the City of Palm Desert conducted a Property Owner
Protest Ballot proceeding for the proposed levy of a new assessment pursuant to
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the provisions of the California Constitution, Article X111D Section 4. In
conjunction with this ballot proceeding, the City Council conducted a noticed
public hearing to consider public testimonies, comments and written protests
regarding the formation of the District and levy of assessments. At the public
hearing, property owner protest ballots received were tabulated and a majority
protest did not exist for the proposed assessments and the assessment range
formula presented and described herein. The City Council approved the Report,
ordered the formation of the District, and approved the levy and collection of
assessments.
Each subsequent fiscal year, a Report is prepared and presented to the City
Council describing any changes to the proposed services, the annual budget and
assessments for that fiscal year, and the City Council shall hold a noticed public
hearing regarding these matters prior to approving and ordering the proposed
levy of assessments. If the proposed assessments for the District exceed the
maximum assessment described herein (as approved by the property owners),
the new or increased assessment must be confirmed through another property
owner protest ballot proceeding before such an assessment may be imposed. It
should be noted that an increased assessment to an individual property resulting
from changes in development or land use does not constitute an increased
assessment.
This Report consists of five (5) parts:
Part I
Plans and Specifications: A description of the District boundaries and the
proposed improvements associated with the District.
Part II
The Method of Apportionment: A discussion of benefits the services provide to
properties within the District and the method of calculating each property's
proportional special benefit and annual assessment. This section also identifies
and outlines an Assessment Range Formula that provides for an annual
adjustment to the Maximum Assessment Rate that establishes limits on future
assessments, but also provides for reasonable cost adjustments due to inflation
without the added expense of additional property owner protest ballot
proceedings.
Part III
The District Budget: An estimate of the annual costs to operate, maintain and
service the drainage basin improvements and facilities installed and constructed
to support current and proposed development within the District. This budget
includes an estimate of anticipated direct maintenance costs and incidental
2016/2017 Benefit Assessment District No. 1 Page 2
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expenses including, but not limited to administration expenses and the collection
of appropriate fund balances. The special benefit assessments are based on the
overall operation, maintenance and servicing costs minus any costs that are
considered general benefit or not assessed as special benefit. The proposed
assessments for the fiscal year 2016/2017, shall be based on the estimated net
annual cost of operating, maintaining and servicing the District improvements for
that fiscal year. The Maximum Assessments Rate (Rates per Equivalent Benefit
Unit) identified in the budget of this Report shall be adjusted annually by the
Assessment Range Formula described in the method of apportionment.
Part IV
District Diagram: A Diagram showing the exterior boundaries of the District is
provided in this Report and includes all parcels that will receive special benefits
from the services. Parcel identification, the lines and dimensions of each lot,
parcel and subdivision of land within the District, are inclusive of all parcels as
shown on the Riverside County Assessor's Parcel Maps as they existed at the
time of the passage of the Resolution of Intention, and shall include all
subsequent subdivisions, lot line adjustments or parcel changes therein.
Reference is hereby made to the Riverside County Assessor's maps for a
detailed description of the lines and dimensions of each lot and parcel of land
within the District.
Part V
Assessment Roll: A listing of the proposed assessment amount to be applied to
each parcel within the District for the fiscal year 2016/2017. The proposed
assessment amount for each parcel is based on the parcel's proportional special
benefit as outlined in the method of apportionment and the Maximum
Assessment Rates.
2016/2017 Benefit Assessment District No. 1 Page 3
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PART I — PLANS AND SPECIFICATIONS
A. Benefiting Properties within the District
The territory within the District consists of all lots, parcels and subdivisions of
land within the subdivision known as Monterey 170 and the proposed subdivision
known as Section 29, which encompasses an area of land totaling approximately
four hundred sixty acres (460 acres). The subdivisions are generally located:
North 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 defined by the 1982 Act and applicable to this District, the City may
impose a benefit assessment to finance the maintenance, operation and
servicing costs associated with the drainage basin described below.
C. Description of Services
The purpose of this District is to fund the activities necessary to operate, maintain
and service the drainage basin constructed in a portion of Section 29, Township
4 South, Range 6 East SBM and to be enlarged in connection with current and
new development of properties. The maintenance, operation and servicing of
these improvements may include but are not limited to all materials, equipment,
labor, and incidental expenses deemed necessary to keep the drainage basin in
satisfactory condition. The maintenance of the improvements and related
activities shall be funded entirely through the District assessments. The District
services are generally described as:
Drainage basin maintenance that may include but is not limited to
inspection, repair, removal and replacement, and servicing of drainage
basins, inlets, catch basins, manholes, outlets, drywells, pumps, filters and
storm drain pipes installed in connection with the development of
benefiting properties as well as any off -site improvements and facilities
directly associated with the aforementioned infrastructure that is deemed
necessary to service or protect the properties;
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All appurtenant, equipment, materials and service contracts related to the
operation, maintenance and servicing of the aforementioned
improvements and facilities;
Detailed maps and descriptions of the location and extent of the specific
improvements to be maintained by the District are on file in the Office of
Public Works and by reference are made part of this Report. The annual
cost to provide the services determined to be of special benefit shall be
allocated to each property in proportion to the special benefits received
from those various services.
Drainage Basin Maintenance
The drainage basin maintenance may include, but is not limited to: grading of
access perimeter roads, repair of erosion of slopes to access roads, debris
clearance, anchor mat repairs, dust control through the application of soil
stabilization agents, weed abatement, mosquito and vector control, storm drain
inlets and outlets, pumps, filters and pipes. The annual assessments for this
District are intended to support the drainage basin and the maintenance program
that will adequately regulate and control storm water runoff resulting from current
and proposed development within the District. This maintenance program may
include but is not limited to: inspection and documentation of the system;
cleaning, servicing or repair of the facilities and equipment; and the partial
removal, replacement or rehabilitation of equipment and facilities. The drainage
basin will cover an area of approximately 4 acres. The Public Works Department
shall authorize and schedule all operational activities and maintenance of the
drainage basin.
A portion of the services described above might not be performed on an annual
basis but rather as a result of an extraordinary event, such as replacement of the
anchor mats and other major facility repairs, and the funds necessary for these
activities are collected as part of the annual assessments. The monies collected
each year for these extraordinary services shall be accumulated in a special fund
of the District (Reserve Fund). The monies accumulated for these activities shall
be spent as needed to perform the services deemed necessary by the City. This
process of providing a reserve shall continue until such time the District is
dissolved; or the City determines that such funding procedures require
modification. Changes in the process of providing a reserve that would result in
an increase to the annual assessment rate must be presented to the property
owners for approval prior to imposing such an increase.
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PART II — METHOD OF APPORTIONMENT
A. General
The 1982 Act permits the establishment of assessment districts by agencies for
the purpose of providing for the maintenance, operation and servicing of
drainage and flood control improvements as well as streets, roads and
appurtenant facilities. The 1982 Act further requires that the cost of these
improvements be levied according to benefit rather than assessed value:
"The amount of the assessment imposed on any parcel of property shall be
related to the benefit to the parcel which will be derived from the provision of the
service ".
Furthermore:
"The annual aggregate amount of the assessment shall not exceed the estimated
annual cost of providing the service, except that the legislative body may, by
resolution, determine that the estimated cost of work authorized ... is greater
than can be conveniently raised from a single annual assessment and order that
the estimated cost shall be raised by an assessment levied and collected in
installments.... The revenue derived from the assessment shall not be used to
pay the cost of any service other than the service for which the assessment was
levied.
The method of apportionment described in this Report for allocation of special
benefit assessments utilizes commonly accepted engineering practices and is in
compliance with the provisions of the 1982 Act and the California Constitution.
The formulas used for calculating assessments reflects the composition of
parcels within the District and the improvements and services provided, to fairly
apportion the costs based on the special benefits to each parcel.
B. Benefit Analysis
Each of the proposed services, and the associated costs and assessments have
been carefully reviewed, identified and allocated based on special benefit
pursuant to the provisions of the 1982 Act and the California Constitution. The
drainage basin improvements associated with this District are necessary and
essential requirements for existing development, and the orderly development of
future properties within the District to their full potential, consistent with the
conditions for development of the properties, protection of downstream properties
which would be negatively affected by increased storm runoff from the developed
properties without the basin, and the applicable portions of the City General Plan.
As such, the ongoing operation, servicing and maintenance of those
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improvements would otherwise be the direct financial obligation of each
individual property owner. Since the existing parcels and proposed new
development to be assessed are directly served by the drainage basin, each
parcel has a direct investment in the proper maintenance of the various
improvements that is over and above any general benefits that may be conferred
by such improvements and services.
The construction and installation of these improvements are only necessary for
the properties within the District. As such, these improvements were not required
nor necessarily desired by any properties or developments outside the District
boundary and any public access or use of the improvements by others is
incidental. Therefore, it has been determined that the ongoing maintenance,
servicing and operation of the District improvements provide no measurable
general benefit to properties outside the District or to the public at large, but
clearly provide distinct and special benefits to properties within the District.
C. Assessment Methodology
All costs associated with the services shall be fairly distributed among the parcels
based upon the special benefit received by each parcel. Additionally, in
compliance with the California Constitution Article XIIID Section 4, each parcel's
assessment may not exceed the reasonable cost of the proportional special
benefit conferred to that parcel. The benefit formula used to determine the
assessment obligation is therefore based upon both the services that benefit the
parcels within the District as well as the gross acreage of each property as
compared to other parcels that benefit from those services.
The method of apportionment established for this District and described herein,
reflects the proportional special benefit each property receives from the services
based on the gross acreage of that parcel as compared to the total gross
acreage of all properties within the District except those that retain runoff on -site
and do not receive any special benefit from those services.
Equivalent Benefit Units
In order to assess benefits equitably it is necessary to relate each property's
proportional special benefits to the special benefits of all other properties within
the District. The method of apportionment established for this district, formed
under the 1982 Benefit Act, will utilize a weighted method of apportionment
known as an Equivalent Benefit Unit (EBU) methodology. This proportional
weighting may be based on several factors that may include, but are not limited
to: the type of development (land use), development -status (developed versus
undeveloped), size of the property, location of the property, development plans or
restrictions, vehicular trip generation, street frontage, densities or other property
related factors. Generally, for most districts the calculation of each parcel's
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proportional special benefit can be reasonably determined by applying one or
more of these factors.
Since the drainage basin will be constructed to retain runoff from the properties
within the District and the cost of maintenance is directly related to the size of the
basin, each parcel's proportional special benefit has been based on the parcel's
gross acreage as compared to the total gross acreage of all other parcels within
the District except those that retain runoff on -site and do not receive any special
benefit from those services. Generally, storm water runoff occurs from the entire
parcel before and after development. Thus the gross size of a parcel prior to
development provides a relative comparison to the amount of runoff the parcel
will contribute to the drainage basin and thus the cost of maintenance. Therefore,
it has been determined that for this District, each parcel's proportional benefit
(Equivalent Benefit Units) shall be equal to the parcel's gross acreage before
development (rounded to two decimal places).
Exempt Parcels — This land use identifies properties that are not assessed and
are assigned 0.00 EBU. This land use classification may include but is not limited
to:
• Lots or parcels identified as public streets and other roadways (typically
not assigned an APN by the County) which are otherwise included in the
gross acreage of the parcel prior to development;
• Dedicated public easements including open space areas, utility rights -of -
way, greenbelts, parkways, parks or other publicly owned properties that
are part of the District improvements or may provide other benefits to
private properties within the District;
• Private properties that cannot be developed independently from an
adjacent property, such as common areas, sliver parcels or bifurcated lots
or properties with very restrictive development use but are included in the
gross acreage prior to development;
• Parcels owned by the school district, Coachella Valley Water District and
private developers that will not be assessed as part of this benefit
assessment district, since the runoff generated by these properties shall
be captured and retained onsite through the construction and grading of
the sites.
These types of parcels are considered to receive little or no benefit from the
improvements and are therefore exempted from assessment, but shall be
reviewed annually by the assessment engineer to confirm the parcels' current
development status. Government owned properties or public properties are not
necessarily exempt properties and shall be subject to special benefit assessment
unless it qualifies for an exempt status. The following formula is used to calculate
each parcel's EBU (proportional benefit).
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Total Budget / Total EBU (Gross Acres) = Assessment Rate per EBU
(Parcel's Acreage / Total Net Acreage) x Total EBU = Parcel's EBU
Assessment Rate per EBU x Parcel's EBU = Parcel Levy Amount
For all subsequent parcel subdivisions that result in a final map of buildable
residential lots, the number of EBUs assigned to such lots shall be calculated by
taking the EBU initially calculated for the original Parcel (identified at the time of
this Report) and apportioning the original assigned EBUs equally to the new
buildable residential lot(s) or by equivalent gross acreage for non-residential lots
created by a subdivision map. The corresponding assessment shall be levied
against the applicable corresponding Assessor's Parcel Number(s).
D. Assessment Range Formula
Any new or increased assessment requires certain noticing and meeting
requirements by law. Prior to the passage of Proposition 218 (California
Constitution Articles XIIIC and XIIID), legislative changes in the Brown Act
defined a "new or increased assessment" to exclude certain conditions. These
conditions included "any assessment that does not exceed an assessment
formula or range of assessments previously adopted by the agency or approved
by the voters in the area where the assessment is imposed." This definition and
conditions were later confirmed through Senate Bill 919 (Proposition 218
implementing legislation).
If the proposed annual assessment (levy per EBU) for the upcoming fiscal year is
less than or equal to the adjusted Maximum Assessment Rate, then the
proposed annual assessment is not considered an increased assessment.
The purpose of establishing an Assessment Range Formula is to provide for
reasonable increases and inflationary adjustment to annual assessments without
requiring costly noticing and mailing procedures, which could add to the District
costs and assessments. As part of the District formation, the notice and
assessment ballots presented to the property owners for approval, included a
maximum assessment amount for fiscal year 2007/2008 (initial maximum
assessment), identification of the corresponding Maximum Assessment Rate and
a summary of the Assessment Range Formula described herein.
The Assessment Range Formula for this District shall be applied to all future
assessments and is generally defined:
The Maximum Assessment Rate is equal to the (Initial) Maximum Assessment
Rate established for fiscal year 2007/2008 adjusted annually by the greater of
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three percent (3%) or, the annual percentage change in the Consumer Price
Index (CPI) of "All Urban Consumers" for the Los Angeles -Orange -Riverside
Area for March.
Beginning in the second fiscal year (fiscal year 2008/2009) and each fiscal year
thereafter, the Maximum Assessment Rate will be recalculated and a new
Maximum Assessment Rate established for the fiscal year utilizing the
Assessment Range Formula described above. The adjusted Maximum
Assessment Rate shall be calculated independent of the District's annual budget
and proposed assessment. The annual percentage change in CPI shall be based
on available data provided by the U.S. Department of Labor; Bureau of Labor
Statistics at the time the annual Report is prepared. 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.
Any proposed annual assessment (rate per EBU) less than or equal to the
calculated (adjusted) Maximum Assessment Rate is not considered an increased
assessment, even if the proposed assessment is greater than the assessment
applied in the prior fiscal year.
To impose a new or increased assessment other than the annual inflationary
adjustment provided by the preceding Assessment Range Formula, the City must
comply with the provisions of the California Constitution Article XIIID Section 4c,
that requires a public hearing and certain protest procedures including mailed
notice of the public hearing and property owner protest balloting. Property
owners, through the balloting process, must approve a proposed new or
increased assessment before such an assessment may be imposed.
2016/2017 Benefit Assessment District No. 1 Page 10
WILLDAN
Financial Services
PART III — DISTRICT BUDGET
Direct Costs Total
Labor and Maintenance $ 94,855.05
Materials 100,742.60
Utilities 1,979.53
$ 197, 577.18
Administration
City Administration Overhead $ 14,653.47
Professional fees for Administration 2,341.35
County Administration Fee 445.21
$ 17,440.03
RESERVE FUND /CIP FUND
$
21,493.90
BALANCE TO LEVY
$
236,511.10
Parcels Levied
620
Total EBU's (Gross Acres)
453.66
FY 2016/2017 MAXIMUM LEVY PER EBU
$
521.35
FY 201612017 LEVY PER EBU
$
521.34
FY 2015/2016 MAXIMUM LEVY PER EBU
$
506.16
FY 2015/2016 LEVY PER EBU
$
506.16
Estimated Beginning Reserve Balance - June 30, 2016
$
0.00
Reserve Fund Adjustments
-
Estimated Ending Reserve Balance - June 30, 2017
$
0.00
Beginning CIP Fund Balance
$
1,109,649.00
CIP Fund Adjustments
21,493.90
Estimated CIP Balance
$
1,131,142.90
2016/2017 Benefit Assessment District No. 1
Page
11
PART IV - DISTRICT DIAGRAMS
The parcels within Benefit
(Monterey 170) / Assess
parcels and subdivisions
commercial development k
covers approximately four
Desert.
n
Assessment
ment District
of land to
own as Sec
hundred sixty
District
2004-02
sated in
tion 29
acres
No. 1, Parcel
(Section 29)
the planned
and Monterey
460 acres) in
"WILLDAN
Financial Services
Map No. 24255
consist of lots,
residential and
170. The District
the City of Palm
The following District Diagram is based on the Riverside County Assessor's
Maps and the Riverside County Assessor's information and identifies all the
parcels of land within the proposed District, as the same existed at the time this
Report was prepared. The combination of this map and the Assessment Roll
contained in this Report constitute the District Assessment Diagram.
2016/2017 Benefit Assessment District No. 1 Page 12
I
ASSESSMENT DIAGRAM FOR THE CM OF PALM DESERT
BENEFIT ASSESSMENT DISTRICT NO. I
LTIY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFOINIA
PROPOSED BOUNDARIES OF THE CITY OF PALM DESERT
BENEFIT ASSESSMENT DISTRICT NO.1
(MONTEREY 170 / SECTION 29)
CITY OF PALM DESERT
CQIRfTYdF R74ERHIVESINE
STATE OF CALIFORNIA
WWILLDAN
Financial Services
M, IOF1
PLED IN THE UWCI OFTAF om:Lm O4 DAY OF 1001
I HEREBY C9[TPI' TINT TIF! MV MID" THE Pi01O8E0 WL A RM OF THE
=OF PALM DEJERE 5EN01A eff DISTRICT 40. 1 WIEREY 1701 SEMON
24 OTY OF POUR DESEm.=KTY OF WSME, aTArE OF oAVPQF A1RAe APPROVED
aYTHE ORYCMKXOKTHE VWOPPAL DEREKATARBMI NESTRIOTHEREOF,
HELD ON THE DAYCF 2M BY IM R650 MON NO.
wyo-MR
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2016/2017 Benefit Assessment District NOL 1 Page 13
WWILLDAN
Financial Services
PART V - ASSESSMENT ROLL
Parcel identification for each lot or parcel within the District is based on the
Assessment Diagram presented herein and is based on available parcel maps
and property data from the Riverside County Assessor's Office at the time the
Engineer's Report was prepared. A listing of the proposed lots and parcels to be
assessed within this District along with the assessment amounts is provided
herein
Non -assessable lots or parcels may include, but are not limited to public streets
and other roadways (typically not assigned an APN by the County); dedicated
public easements, open space areas, right-of-ways, common areas; bifurcated
lots, and any other property that cannot be developed or has little or no value.
These types of parcels are considered to receive little or no benefit from the
improvements and are therefore exempted from assessment.
If any parcel submitted for collection is identified by the County Auditor -Controller
to be an invalid parcel number for the 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 described in this Report as approved by the City Council.
Therefore, if a single parcel is subdivided 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.
2016/2017 Benefit Assessment District No. 1 Page 14
Sanchez, Gloria
From: Email, TDS-Legals <legals@thedesertsun.com>
Sent: Thursday, May 19, 2016 10:59 AM
To: Sanchez, Gloria
Subject: RE: Legal Notice - Public Hearings June 9, 2016 - PDLLD and BAD No. 1
Good Morning
Ads received and will publish on date(s) requc'sted.
Charlene Moeller I Customer Care Representative / Legals
The Desert Sun Media Group
750 N. Gene Autry Trail, Palm Springs, CA 92262
t 760.778.4578 1 f 760.778.4528 e: legais c thedesertsun.com
The Coachella Valley's r 1 Source in Nevis & Advertising!
vJWv4'.DeSertSUn.Conl I tevitter @MyDesert I facebook thedesertsun
This email and any files transmitted with it are confidential and intended for the individual to V1410 i they
are addressed. If you have received this ernail in error, please notify the sender and delete the message
from your system
From: RsanchezPcitvofpalmdesert.orRlmailto:.i�sanchez@citvofpalmdesert.or2j
Sent: Thursday, May 19, 2016 10:30 AM
To: Email, TDS-Legals <lepals@thedesertsun.com>
Cc: rklassen@citvofpalmdesert.orF; nortega@cityofpalmdesert.orF-; tmetz@citvofpalmdesert.com
Subject: Legal Notice - Public Hearings June 9, 2016 - PDLLD and BAD No. 1
Good morning, Charlene!
PLEASE PUBLISH THE FOLLOWING:
NOTICES OF PUBLIC HEARING
Resolution No. 2016-38 — Declaring its Intention for the Levy and Collection of Assessments for the
Consolidated Palm Desert Landscaping and Lighting District for Fiscal Year 2016/2017 and Preliminary
Approval of the Engineer's Report.
Resolution No. 2106-39 — Declaring its Intention to Levy the Annual Assessment for Fiscal Year 2016/2017
for the Palm Desert Benefit Assesssment District No. 1, Pursuant to the Benefit Assessment Act of 1982 and
Appointing a Time and Place for the Public Hearing on These Matters.
TWICE EACH IN THE DESERT SUN
Thursday, May 26, 2016
Thursday, June 2, 2016
If you have any questions or need additional information, please do not hesitate to contact me.
Hope all is well and have a nice day — THANK YOU!
RESOLUTION NO. 2016-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA DECLARING ITS INTENTION TO LEVY THE
ANNUAL ASSESSMENT FOR FISCAL YEAR 2016/2017 FOR THE
PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1, PURSUANT
TO THE BENEFIT ASSESSMENT ACT OF 1982 AND APPOINTING A
TIME AND PLACE FOR THE PUBLIC HEARING ON THESE MATTERS
The City Council of the City of Palm Desert, California (hereafter referred to as the "City
Council") Hereby Finds, Determines, Resolves, and Orders as follows:
WHEREAS, the City Council by previous action and resolution formed the "Palm
Desert Benefit Assessment District No. 1" (hereafter referred to as the "District")
pursuant to the Benefit Assessment Act of 1982, Chapter 6.4, Division 2, Title 5 of the
Government Code of the State of California commencing with Section 54703 (hereafter
referred to as the "Act"); for the purposes of levying annual assessments upon
benefiting properties within the District for the maintenance, operation and servicing of
drainage basin and facilities related thereto; and,
WHEREAS, a Engineer's Report (hereafter referred to as the "Report") was
prepared, filed and approved by the City Council in connection with the District and the
levy of said assessments, pursuant to Section 54716 of said Act; and,
WHEREAS, the City Council conducted property owner protest proceedings
relating to the improvements and services described in the Report and the levy and
collection of annual assessments and an assessment range formula related thereto in
accordance with the provisions of the California Constitution Article XIIID; and,
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE
CITY COUNCIL OF THE CITY OF PALM DESERT, THE LEGISLATIVE BODY FOR
SAID DISTRICT, AS FOLLOWS:
Section 1. The City Council hereby declares its intention to seek the annual
levy of the District assessments pursuant to the Act, over and including the land within
the District boundaries to pay the costs of the operation, maintenance and servicing of
the drainage basin and, improvements and expenses related thereto for fiscal year
2016/2017.
Section 2. The boundaries of the District are described in the Report and
include the parcels within the District at the time of the Resolution of Intention and are
identified on the Riverside County Assessor's Secured Roll (as of June 2007) and the
Assessor's Parcel Map.
RESOLUTION NO. 2016-39
Section 3. Notice is hereby given that a Public Hearing on these matters will
be held by the City Council on Thursday, June 9, 2016 at 4:00 p.m., or as soon
thereafter as feasible in the City Council (Council Chambers), located at 73-510 Fred
Waring ❑rive, Palm Desert, California.
PASSED, APPROVED, AN❑ ADOPTE❑ this 12th day of May, 2016, by the
following vote to wit:
AYES:
HARNIK, JONATHAN, TANNER, WEBER, and SPIEGEL
NOES:
NONE
ABSENT:
NONE
ABSTAIN:
NONE
ROBERT A. SPIEGEL, MAYOR
ATTEST:
RACHELLE ❑. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
APPROVED AS TO FORM:
ROBERT W. HARGREAVES, CITY ATTORNEY
BEST, BEST & KRIEGER, LLP
Page 2