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Res 00-46 through 00-48 Formation of La Paloma III LL AD
INTEROFFICE MEMORANDUM CITY OF PALM DESERT TO: Honorable Mayor and City Council FROM: Richard J. Folkers, ACM/Director of Public Works SUBJECT: FORMATION OF LA PALOMA III LANDSCAPE AND LIGHTING DISTRICT DATE: April 13, 2000 RECOMMENDATION: At the conclusion of the public hearing, waive further reading and adopt: 1. Resolution No. 00-46, declaring the results of a property owner protest and related actions for the La Paloma III Landscape and Lighting District. 2. Resolution No. 00-47 , approving the engineers report as presented or amended; the concurrent annexation into the Palm Desert Consolidated Landscape and Lighting District; and the levy and collection of annual assessments for fiscal year 2000-2001 for the La Paloma Ill Landscape and Lighting District. 3. Resolution No. 00-48 , ordering the formation of the La Paloma Ill Landscape Lighting District; the concurrent annexation of said district into the Palm Desert Consolidated Landscaping and Lighting District; and the levy and collection of annual assessments commencing with fiscal year 2000-2001. BACKGROUND: The developer of the La Paloma Ill subdivision was required to form the necessary landscape and lighting assessment district. At prior meetings, the City Council adopted resolutions to initiate proceedings, and set this public hearing. Ballots for the district formation were mailed to all property owners and the outcome of their vote will be presented. G.\PubWorks\Rhonda Henderson\wpdata\RH\TOM\LAPALOMA.FORM wpd Resolution No. 00-46 Resolution No. 00-47 Resolution No. 00-48 PAGE 2 APRIL 13, 2000 FORMATION OF LA PALOMA III LANDSCAPE & LIGHTING DISTRICT At the conclusion of the public hearing, staff will recommend the adoption of the resolutions with any necessary changes. (CHARD J. F ERS, P.E. REVIEWED AND CONCUR CITY MANAGER RJ F:TB/rh R)01/) WED AND CONCUR FINANCE DIRECTOR Attachments CITY COUNCIL-ACTION: APPROVED �/ DENIED RECEIVED OTHER MEETING DATE I3-0CC) AYES: NOES: ►-� d ABSENT: AA./3'l.c_—U ABSTAIN: �/�'►+� VERIFIED BY: 61L 1,4 .rr i Orn;.n41 on File with City Cgerk's Office G:\PubWorks\Rhonda Henderson\wpdata\RH\TOM\LAPALOMA.FORM.wpd CITY OF PALM DESERT ENGINEER'S REPORT LA PALOMA III LANDSCAPING AND LIGHTING DISTRICT FORMATION Fiscal Year 2000/2001 Intent Meeting: February 10, 2000 Public Hearing: April 13, 2000 MuniFinancial Corporate Office Regional Offices 28765 Single Oak Drive • Jacksonville,FL Suite 200 ♦ Kansas City,MO Temecula, CA 92590 • Oakland, CA Tel: (909) 699-3990 • Phoenix,AZ Tel: (800) 755-MUNI(6864) • Sacramento, CA Fax: (909) 699-3460 • Seattle,WA www.muni.com • Washington,DC • Whittier, CA ENGINEER'S REPORT AFFIDAVIT La Paloma III Landscaping and Lighting District City of Palm Desert Riverside County, State of California This Report and the enclosed diagrams showing the exterior boundaries of the District; any relevant zones therein; and the lines and dimensions of 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 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. Dated this 3 5'1— day of 3A''MIZ ' , 2000. Os MuniFinancial Assessment Engineer City of Palm Desert • By: Jim M uire Mana er, Special District Services 1:00 Richard Kopecky N0.16742 R. C. E. # 16742 * BP. G •3d.dl *) TABLE OF CONTENTS I. OVERVIEW 1 A. INTRODUCTION 1 B. GENERAL DESCRIPTION OF THE DISTRICT 2 II. PLANS AND SPECIFICATIONS 3 A. DESCRIPTION OF THE DISTRICT 3 B. DISTRICT IMPROVEMENTS AND SERVICES 4 IMPROVEMENTS AND SERVICES PROVIDED 4 LOCATION AND EXTENT OF IMPROVEMENTS 5 III. METHOD OF APPORTIONMENT 6 A. IMPROVEMENT BENEFIT FINDINGS 6 GENERAL BENEFITS 6 SPECIAL BENEFITS 7 B. APPORTIONMENT CALCULATIONS 8 C. ASSESSMENT RANGE FORMULA 9 IV. DISTRICT BUDGET 12 A. DESCRIPTION OF BUDGET ITEMS 12 DIRECT COSTS 12 ADMINISTRATION COSTS 13 LEVY BREAKDOWN 14 DISTRICT STATISTICS 15 GENERAL INFORMATION 16 B. DISTRICT BUDGET FOR FISCAL YEAR 2000/2001 18 APPENDIX A - DISTRICT DIAGRAMS 19 APPENDIX B -ASSESSMENT ROLL 23 Engineer's Report La Paloma indscaping and Lighting District OVERVIEW A. INTRODUCTION The City of Palm Desert ("City") proposes to form the La Paloma III • Landscaping and Lighting District ("District") for Fiscal Year 2000/2001. The City Council on behalf of the City proposes to levy and collect special assessments on the County tax rolls to provide funding for the costs and expenses required for on-going maintenance of the landscaping and lighting improvements within the District. All improvements associated with the District have been installed as part of the development of the properties within the District. Upon successful formation of the District and approval of the assessments, the territory within the District will be concurrently annexed into the existing Palm Desert Consolidated Landscaping and Lighting District ("Consolidated District") as a new sub-zone within Zone 6 (Howley Lane). The District will be formed, annexed into the Consolidated District, and levied pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the Act), and in compliance with the substantive and procedural requirements of the California Constitution Article XD. This Engineer's Report ("Report") describes the District and assessments to be levied against properties within the District commencing with Fiscal Year 2000/2001. The assessments described herein are based on the estimated cost to maintain the improvements that will provide a direct and special benefit to properties within the District. All improvements to be maintained and funded through annual assessments were constructed and installed in connection with the development of these properties. The annual costs and assessments described herein include all estimated direct expenditures, incidental expenses, deficits, surpluses, revenues, and reserves associated with the maintenance and servicing of the improvements. Each parcel shall be assessed proportionately for only those improvements provided and for which the parcel receives special benefit. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessment Number by the County of Riverside Assessor's Office. The County of Riverside Auditor/Controller uses Assessment Numbers and specific Fund Numbers to identify properties assessed on the tax roll for special district benefit assessments. At a noticed Public Hearing, the City Council will consider all public comments and written protests presented. Upon conclusion of the Public MuniFinancial Page 1 Engineer's Report La Paloma mndscaping and Lighting District Hearing, the City Council will tabulate property owner protest ballots received to determine whether majority protest exists, and by resolution confirm the results of the protest ballot tabulation. Proceedings for the formation of the assessment district shall be abandoned if majority protest exists. If tabulation of the property owner protest ballots indicates approval of the assessments and the assessment range formula presented, by resolution the City Council will approve the Engineer's Report as submitted or amended (amendments may not increase the assessments approved by the property owner balloting procedure). Following approval of the Report, the City Council will by resolution, order the formation of the District, the annexation of the territory into the Consolidated District, and confirm the levy and collection of assessments pursuant to the Act. In such case, the assessments as approved may be submitted to the Riverside County Auditor/Controller to be included on the property tax roll for each parcel for Fiscal Year 2000/2001, or reviewed and confirmed at the annual public hearing for the Consolidated District. B. GENERAL DESCRIPTION OF THE DISTRICT The District consists of all lots and parcels within Tract 29045-00 known as the La Paloma III. Tract 29045-00 is a single-family residential development located on Avenida Solana, south of Hovley Lane West between Monterey Avenue, and Portola Avenue within the City of Palm Desert. The assessable parcels within the District (Fifteen single-family residential lots) receive special benefit from the installation and maintenance of street lighting facilities and landscaped areas within or adjacent to the development, installed as part of the development and subdivision of the original undeveloped property. The improvements have been installed by the developer as part of the development plan and the District is being formed to ensure and preserve the on going maintenance and operation of these improvements. The improvements include parkway landscaping along Hovley Lane West on the perimeter of the development including a masonry wall and entryway monument and a single street light installed at the entrance to the development. The specific location, description and benefits of the improvements are discussed in the following sections. MuniFinancial Page 2 Engineer's Report La Paloma Lndscaping and Lighting District • II. PLANS AND SPECIFICATIONS A. DESCRIPTION OF THE DISTRICT The District consists of all lots and parcels located within the residential development known as the La Paloma III (Tract 29045-00). The District is generally located east of Monterey Avenue, south of Hovley Lane West, west of Portola Avenue and incorporates all the single-family residential parcels of Tract 29045-00 located on Avenida Solana. The District boundary includes all lots within Tract 29045-00 described as: • Fifteen (15) subdivided single-family residential lots (Lots 1-15) on Avenida Solana totaling approximately 3.52 acres; • Two landscape right-of-ways/easements (Parkway landscape areas) adjacent to the development on the south side of Hovley Lane West, identified as Lot "C" (0.02 acres) and Lot "D" (0.02 acres); • Two lots identified as portions of the street right-of ways identified as Lot "A" — Avenida Solana (0.68 acres) and Lot "B" — portion of Hovley Lane West (0.08 acres). Refer to the Assessment Diagram for details of the District boundary. The improvements that provide a special benefit to properties within the District generally include, but are not limited to: • Parkway and perimeter landscaping adjacent to the development on the south side of Hovley Lane West; • Street Lighting located at the entrance to the development at the corner of Hovley Lane West and Avenida Solana; • Entryway monument, blockwalls, irrigation systems, drainage systems and electrical facilities associated with the landscaping and lighting improvements identified above. The estimated annual cost to provide and maintain the improvements within the District have been allocated to each property in proportion to special benefits received. The Method of Apportionment described in this Report utilizes commonly accepted assessment engineering practices and have been established pursuant to the 1972 Act and the provisions of the California Constitution,Article XIIID (Proposition 218). MuniFinancial Page 3 Engineer's Report La Paloma undscaping and Lighting District B. DISTRICT IMPROVEMENTS AND SERVICES IMPROVEMENTS AND SERVICES PROVIDED As generally defined by the 1972 Act and applicable to this District, improvements and the associated assessments may include one or any combination of the following: 1) The installation or planting of landscaping; 2) The installation or construction of statuary, fountains, and other ornamental structures and facilities; 3) The installation or construction of public lighting facilities, including, but not limited to, street lights and traffic signals; 4) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof; 5) The maintenance or servicing, or both, of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including, but not limited to: a) Repair, removal, or replacement of all or any part of any improvements; b) Grading, clearing, removal of debris, the installation, repair or • construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities; c) Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; d) The removal of trimmings, rubbish, debris, and other solid waste; e) The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. f) Electric current or energy, gas, or other agent for the lighting or operation of any other improvements. g) Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. MuniFinancial Page 4 Engineer's Report La Paloma undscaping and Lighting District 6) Incidental expenses associated with the improvements including, but not limited to: a) The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; b) The costs of printing, advertising, and the publishing, posting and mailing of notices; c) Compensation payable to the County for collection of assessments; d) Compensation of any engineer or attorney employed to render services; e) Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; and, f) Costs associated with any elections held for the approval of a new or increased assessment. LOCATION AND EXTENT OF IMPROVEMENTS The purpose of the District is to ensure the on going maintenance, operation and servicing of local landscaping and lighting improvements installed as a result of property development. The landscape improvements may include but are not limited to all material and facilities within the District including ground cover, shrubs, trees and plants; irrigation and drainage systems; ornamental lighting structures, masonry walls or other fencing, entryway monument, and associated appurtenant facilities located within the following areas: • Parkway and perimeter landscaping adjacent to the development on the south side of Hovley Lane West, identified as Lots "C" and "D" (0.04 acres) on Tract Map No. 29045. The street lighting improvements may include but are not limited to all material, facilities and electric current necessary to provide street lighting within the District in the following locations: • A single streetlight is located at the entrance to the development at the corner of Hovley Lane West and Avenida Solana. MuniFinancial Page 5 Engineer's Report La Paloma indscaping and Lighting District III. METHOD OF APPORTIONMENT Pursuant to the 1972 Act the costs (assessments) of the District are apportioned by a formula or method that fairly distributes the net amount to be assessed among all parcels in proportion to benefits received from the improvements. Furthermore, the provisions of Article XIIID of the California Constitution (Proposition 218) require the agency to separate the general benefit from special benefit, whereas only special benefits may be assessed. A. IMPROVEMENT BENEFIT FINDINGS The annual assessment outlined in the Budget section of this Report is proposed to cover the estimated annual cost to provide all necessary service, operation, administration, and maintenance required to keep the landscaping and lighting improvements in a healthy, vigorous, and satisfactory condition. It has been determined that each assessable parcel within the District receives similar and proportional special benefits from the improvements. The fact that all proposed improvements are part of the overall property development plan within the District, and each parcel's close and relatively similar proximity to the improvements makes each parcel's special benefit from the improvements similar and proportionate. All the lots and parcels that receive special benefit from the improvements are included within the District and shall be assessed for the improvements. GENERAL BENEFITS The improvements associated with this District are a direct result of property development within the District and would otherwise not be required or necessary. Developers typically install local improvements to enhance the marketability and value of properties within the development and/or as conditions of development. In either case, the improvements are clearly installed for the benefit of the properties being developed and not for the benefit of surrounding properties. Although local improvements (by virtue of their location), may be visible to surrounding properties, any benefit to surrounding properties is incidental and can not be considered a direct and special benefit. Furthermore, most developments within the City typically have various landscaping and lighting improvements specifically associated with their development and these improvements are funded by properties within those developments. Therefore, it has been determined that the District improvements and the on-going operation and maintenance of those improvements provide no identifiable or measurable general benefit to properties outside the District or to the public at large. MuniFinancial Page 6 Engineer's Report La Paloma andscaping and Lighting District SPECIAL BENEFITS All the improvements funded through the District provide a special aesthetic value to each property and enhance the quality of life for property owners within the District. All the improvements associated with the District are part of the overall development plan for these properties and were specifically installed for the benefit and development of the properties. The special benefits associated with parkway, perimeter, entryway, and other specified landscaped areas and associated amenities are specifically: 1. Enhanced desirability of properties through association with the improvements. 2. Improved aesthetic appeal of properties by providing a positive representation of the development and properties within the District. 3. Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping. 4. Environmental enhancement through improved erosion resistance, dust and debris control and reduced noise and air pollution. 5. Increased sense of pride in property ownership resulting from well- maintained improvements associated with the properties. 6. Reduced vandalism and criminal activity resulting from well- maintained surroundings and amenities. 7. The special enhancements to the value of property which results from the above benefits. The special benefits of street lighting are the convenience, safety, and security of property, improvements, and goods. Specifically: 1. Enhanced deterrence of crime and the aid to police protection. 2. Increased nighttime safety on streets through enhanced visibility. 3. Improved sense of security and safety for pedestrians, motorists and property owners. 4. Improved ingress and egress to property. 5. Reduced vandalism, other criminal acts and damage to improvements or property. 6. Reduced personal property loss. 7. The special enhancement to the value of property which results from the above benefits. MuniFinancial Page 7 Engineer's Report La Paloma andscaping and Lighting District B. APPORTIONMENT CALCULATIONS The assessments outlined in this section represent the proportionate special benefit to each property within the District and the basis of calculating each parcel's proportionate share of the annual costs associated with the District improvements. The costs associated with the maintenance and operation of all District improvements shall be collected through annual assessments from each parcel receiving special benefit. The funds collected shall be dispersed and used for only the services and operation provided to the District. The basis of determining each parcel's special benefit utilizes a weighting formula commonly known as an Equivalent Dwelling Unit (EDU). The single-family residential lot (parcel) is used as the base unit for calculation of assessments and is defined as one (1.00) EDU. All other property types are typically assigned an EDU that reflects their proportional special benefit from the improvements as compared to the single-family residential lot (weighted comparison). Parcels that will not be developed such as sliver parcels, dedicated easements, open space areas, dedicated landscaped areas or common areas and properties not designated by a County Assessor's Parcel Number (APN) such as streets, utility easements or rights-of-way receive no special benefit and are considered Exempt. These Exempt properties are not assessed for District improvements. If any Exempt property within the District is designated by the County with a specific APN, that parcel shall be assigned 0.00 EDU. Any property that is identified as non-taxable by the County Assessor's Office such as government owned or utility owned property is not exempt from District assessments unless: • The property has restricted development or limited land use potential that makes the installation and maintenance of the improvements clearly of no benefit to the property; or • The property provides additional or substantially similar improvements being provided by the District (such is the case with parks and open space areas or possibly schools and common areas). In the La Paloma III Landscaping and Lighting District, all parcels have been identified as either single-family residential parcel (subdivided residential lots) or Exempt. All the single-family residential parcels benefit from the improvements and shall proportionately share in the cost of maintaining the improvements. It has been determined that each residential parcel receives equal special benefit from all the improvements. Therefore, the most MuniFinancial Page 8 Engineer's Report La Paloma andscaping and Lighting District equitable and reasonable apportionment of benefit is an equal (per parcel) distribution of costs, regardless of the parcel's acreage or development status. The annual assessment for all assessable parcels is calculated by the following formula: Total Balance to Levy / Total Parcels = Parcel Levy Amount Refer to the District Budget for a breakdown of the annual budget and assessments. C. ASSESSMENT RANGE FORMULA Any new or increase in assessments require certain noticing and meeting requirements by law. Prior to the passage of Proposition 218, legislative changes in the Brown Act defined the definition of "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 (SB919 is the implementing legislation for Proposition 218). 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, balloting of property owners is required, pursuant to Proposition 218. The property owner ballots included an Assessment to be approved, as well as the approval of an assessment range formula. The assessment range formula shall be applied to all future assessments within the District. Generally, if the proposed annual assessment (levy per unit or rate) for the current fiscal year is less than or equals to the "Maximum Assessment" (or "Adjusted Maximum Assessment"), then the proposed annual assessment is not considered an increased assessment. The Maximum Assessment is equal to the initial Assessment approved by property owners adjusted annually by the following criteria: 1. Beginning in the second fiscal year and each fiscal year thereafter, the Maximum Assessment will be calculated. MuniFinancial Page 9 Engineer's Report La Palo= .andscaping and Lighting District 2. The new Adjusted Maximum Assessment for the year represents the prior year's approved Maximum Assessment adjusted by the greater of: (a) Three percent (3.0%); or, (b) The annual increase in the Consumer Price Index (CPI). Each year the City shall compute the annual increase in the CPI. The increase in CPI is the percentage difference between the CPI on January 1, of the current year and the CPI for the previous January 1 (or for a similar period of time) as provided and established by the Bureau of Labor Statistics. This percentage difference (annual difference) shall then establish the allowed increase based on CPI. The Consumer Price Index used shall be based on the CPI established by the Bureau of Labor Statistics for all urban consumers for the Los Angeles, Anaheim, and Riverside Area. 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. If CPI is less than three percent (3.0%), then the allowable adjustment to the Maximum Assessment is three percent. If CPI is greater than three percent (3.0%), than the allowable adjustment to the Maximum Assessment is based on CPI. The Maximum Assessment is adjusted annually and is calculated independent of the District's annual budget and proposed annual assessment. Any proposed annual assessment (rate per levy unit) less than or equal to this Maximum Assessment is not considered an increased assessment, even if the proposed assessment is greater than the assessment applied in the prior fiscal year. The following table illustrates how the assessment range formula is applied. Examples of Percentage Increases CPI Calculated Maximum% Prior Years Allowed Allowed New Percentage Standard 3 Increase Without Re Maximum Rate Adjustment Maximum Rate Example Increase %Increase Balloting Per EDU Per EDU Per EDU 1 5.25% 3.00% 5.25% 249.440 13.096 262.54 2 1.00% 3.00% 3.00% 249.440 7.484 256.92 • Example 1 — If the percentage change in CPI is greater than three percent (3.0%), then the Maximum Assessment will be by the change in CPI. • Example 2 — If the percentage change in CPI is less than three percent (3.0%), then the Maximum Assessment will be adjusted by three percent. MuniFinancial Page 10 Engineer's Report La Paloma andscaping and Lighting District Although the Maximum Assessment will be recalculated and adjusted each year, the City Council may reduce or freeze the Maximum Assessment at any time, or may approve a percentage increase less than the amount allowed by amending ordering a modification to the Engineer's Annual Report. Although the Maximum Assessment will normally increase each year, the actual District assessments may remain virtually unchanged. The Maximum Assessment adjustment is designed to establish a reasonable limit on District assessments. The Maximum Assessment calculated each year does not require or facilitate an increase to the annual assessment rate applied to properties within the District and neither does it restrict assessments to the adjustment maximum amount. If the budget and corresponding assessments for the fiscal year does not require an increase, or the increase is less than the Adjusted Maximum Assessment, then the required budget and assessment rate may be applied without additional property owner balloting. If the budget and assessments calculated requires an increase greater than the Adjusted Maximum Assessment then the assessment is considered an increased assessment. To impose an increased assessment the City Council must comply with the provisions of Proposition 218 (Article XIIID Section 4c of the California Constitution). Proposition 218 requires a public hearing and certain protest procedures including mailed notice of the public hearing and property owner protest balloting proceedings for the increased amount. Property owners through the balloting process must approve the proposed assessment increase. If the proposed assessment is approved, then a new Maximum Assessment is established for the District. If the proposed assessment increase is not approved, the City Council may not levy an assessment greater than the current Adjusted Maximum Assessment for the District. MuniFinancial Page 11 Engineer's Report La Paloma andscaping and Lighting District IV. DISTRICT BUDGET A. DESCRIPTION OF BUDGET ITEMS The following describes the services and costs that are funded through the District, shown in the District Budget table in the following section. DIRECT COSTS Maintenance Costs Includes all contracted labor, material and equipment required to properly maintain the landscaping, irrigation systems, drainage systems, fencing, and entry monuments within the District. All improvements within the District are maintained and serviced on a regular basis. The frequency and specific maintenance operations required within the District are determined by City staff, but are generally scheduled weekly. Landscape Water Utility costs for water required for irrigation of the landscaped areas. Landscape Electric Utility costs for electricity required for irrigation systems and any ornamental lighting associated with the landscaped areas. Street Lighting Utility costs for electricity required for streetlights, as well as the maintenance of the streetlights. Special District Services These are specialized services provided in addition to the normal maintenance services. These costs and services may include, but are not limited to: • Tree Trimming — This includes the additional cost of all contracted labor, material and equipment for trimming the trees in the public rights- of-way or landscaped areas. • Graffiti Abatement — This includes the additional cost of all contracted labor, material and equipment required to repair, sandblast and paint surfaces in the public rights-of-way that are associated with the improvements. MuniFinancial Page 12 Engineer's Report La Paloma andscaping and Lighting District Maintenance Repairs This item includes repairs that are not included in the yearly maintenance contract. These costs generally include normal repair or replacement of portions of the improvements and amenities, including plant material, irrigation or electrical equipment and may also include planned upgrades of the improvements. Miscellaneous Maintenance This is a contingency item for additional costs that are not normally included in the regular yearly maintenance cost. This may include repairs or replacements of damaged improvements due to vandalism, storms, or frost and may also include expenditures for additional services or equipment related to the improvements that are necessary to ensure the operation or quality of maintenance. ADMINISTRATION COSTS District Administration The cost to all-particular departments and staff of the City for providing the coordination of District services, operations and maintenance of the District, and response to public concerns and education. This budget item also includes the costs of contracting with professionals to provide any additional administrative, legal or engineering services specific to the District, including the preparation of annual reports, resolutions and all other procedures associated with the levy and collection of assessments. County Administration Fees This is the estimated charge the District will pay the County for services related to the levy and collection of assessments on the property tax bills. This charge is based on a flat rate per fund number plus an additional charge per assessment. Miscellaneous Administration This fund represents additional costs associated with District administration that are not normally included in the regular yearly administration costs. This may include special engineering services (including formation costs or changes to the District), legal services, contract negotiations, preparation and mailing of notices, property owner protest ballots, and tabulation of the ballots. MuniFinancial Page 13 Engineer's Report La Paloma andscaping and Lighting District LEVY BREAKDOWN This section of the Budget summarizes the District expenditures and revenues estimated for the upcoming fiscal year to establish the special benefit assessment revenue necessary to provide and maintain the District improvements for the year (Balance To Levy). Total Direct and Administrative Costs This is the combined total of the estimated Direct Costs and Administration Costs budgeted for the fiscal year. Reserve Fund Collection/Transfer The Reserve Fund Collection/Transfer item reflects the amount of money to be collected (positive amount) or transferred (negative amount) from the District's Reserve Fund Account for the fiscal year as part of the annual assessments. (Refer to General Information — Reserve Fund Account for an explanation of the Reserve Fund). CIP Collection/Transfer (Capital Improvement Projects) The CIP Collection/Transfer item reflects the amount of money to be collected (positive amount) or transferred (negative amount) from the District's (Capital Improvement Projects Account for the fiscal year as part of the annual assessments. (Refer to General Information — Capital Improvement Projects (CIP) for an explanation of the Capital Improvement Project Funds). Reimbursable Contributions/Replenishments Reimbursable Contributions/Replenishments reflect money previously advanced or being advanced to the District from non-District sources that are identified as temporary loans for special benefit improvements and must be repaid. A temporary advance or loan to the District does not occur unless the District's Reserve Fund Account has been completely exhausted first. A positive amount for the Reimbursable Contributions/Replenishments represents a complete or partial repayment of money previously advanced to the District (Replenishment). If a temporary loan was previously made to the District, the Beginning Reserve Fund Balance will be a negative amount (reflecting the outstanding balance previously advanced to the District). Money collected for Reimbursable Replenishments will increase the total amount of special benefits to be assessed, but will also reduce or eliminate the Reserve Fund deficit. MuniFinancial Page 14 Engineer's Report La Palomz ,andscaping and Lighting District A negative amount for the Reimbursable Contributions/Replenishments represents any new or additional money being advanced to the District's special benefit improvement costs for the current fiscal year (Contribution). Money identified as Reimbursable Contribution (negative amount) will reduce the total amount of special benefits to be assessed, but will also create a Reserve Fund deficit or add to any previous Reserve Fund deficit. Reimbursable Contributions are only made to the District after all District fund balances have been used first. Other Revenue Sources/Contributions Other Revenue Sources/Contributions identifies money being applied to the annual District Costs that are not from District assessments, but unlike Reimbursable Contributions/Replenishments these funds are not reimbursed by assessments. These funds are added to the District account to pay for improvements that are identified as general benefits and/or to reduce the annual assessments. These funds are typically from non-District sources including contributions from the City's General Fund, developers or impact fees. These funds are first used to pay District costs that have been identified as general benefit and then used to reduce the annual special benefit assessments. The amount indicated for this item will either be a zero or a negative number (representing an assessment reduction). Balance to Levy This is the total amount to be levied and collected through assessments for the current fiscal year. The Balance to Levy represents the sum of Total of the Direct and Administration Costs, the Reserve and CIP Collection/Transfers, Reimbursable Contributions/Replenishments and Other Revenue Source Contributions. DISTRICT STATISTICS Total Number of Parcels Represents the total number of parcels physically within the District boundary. Total Parcels Levied Represents the total number of parcels within the District that will be assessed for special benefits from the improvements. Non-assessable lots or parcels include areas and/or parcels within the boundaries of the District that do not receive special benefits from the improvements. MuniFinancial Page 15 Engineer's Report La Palo= .andscaping and Lighting District Total Equivalent Dwelling Unit (EDU) Equivalent Dwelling Units (EDU) is a numeric value calculated for each parcel's proportionate special benefits based on the parcel's land use and relationship to the improvements and other parcels that benefit from the improvements. The EDU shown in the District budget represents the sum total of all parcel EDU's that receive benefit from the improvements. Refer to the Method of Apportionment Section of this Report for a more complete description of EDU's. Levy per EDU This amount represents the assessment rate being applied to each parcel's individual EDU. The Levy per Equivalent Dwelling Unit, is the result of dividing the total Balance to Levy, by the sum of the District EDU's, for the fiscal year. GENERAL INFORMATION This section of the Budget provides information regarding the fund balances for the Reserve Fund Account and the Capital Improvement Project Account (CIP). This section also provides an accounting of the Adjusted Maximum Levy Per EDU (Assessment) allowed based on the Assessment Range Formula adopted and approved by the property owners. Reserve Fund Account A Reserve Fund Account is authorized by the 1972 Act and allows the District to retain sufficient amounts of the annual revenues necessary to operate the District for the first half of the fiscal year. The District's budget is based on a fiscal year that begins on July 1, but the first part of the annual assessments is generally not available until after December. The annual assessments shown in the District budget are collected by the County through property tax bills and are typically paid in two installments, December 10, and April 10. However, the County usually disperses the first tax bill installments to the District in January or February and the second tax bill installments in May or June. Therefore, a Reserve Fund is established for cash flow purposes, much like a personal checking account. As District expenditures are incurred, money from the Reserve Fund Account is used to pay those expenses and the fund is replenished when the County disperses assessment revenues to the District. The establishment of a Reserve Fund eliminates the need for the City to temporarily transfer funds from non- District accounts to pay for District expenses. Similarly, any surplus or deficit from the prior fiscal year (Beginning Balance) is also reflected in the Reserve Fund Account. When the actual cost MuniFinancial Page 16 Engineer's Report La Paloma ,andscaping and Lighting District and expenditures in the prior fiscal year were greater than the revenue collected, the District has a Beginning Balance Deficit. When the actual cost and expenditures in the prior fiscal year were less than the revenue collected, the District has a Beginning Balance Surplus. Any revenue surplus or deficit from the prior fiscal year is added or subtracted in the Reserve Fund and reflected in the Beginning Reserve Fund. The Beginning Reserve Fund represents the District's available funds at the start of the current fiscal year. (It is possible for the Beginning Reserve Fund to be a negative number if prior expenses exceeded revenues.) The Reserve Fund Collection/Transfer reflects the amount to be collected as part of the current year's assessments or used (transferred) from the Reserve Fund to reduce assessments for the current fiscal year. The Anticipated Reserve Balance reflects the amount of money expected to be in the Reserve Fund at the end of the current fiscal year and beginning of the next fiscal year. Capital Improvement Projects (CIP) The Capital Improvement Projects (CIP) Account represents funds collected for planned renovations or replacement of the improvements. The cost of major renovations or replacements is usually greater than an amount that can reasonably be collected in one fiscal year. The CIP Account allows for collection of revenues for these special projects over several years. This account differs from the Reserve Fund Account in that the money collected must be for a specified project, the money collected must be spent within a five-year period, and there is no limit to the amount that may be collected. The CIP Collection/Transfer reflects the amount to be collected as part of the current year's assessments or used from the Capital Improvement Projects Account for the fiscal year as part of the annual assessments. The Anticipated CI? Balance reflects the amount of money expected to be in the Capital Improvement Projects Account at the end of the current fiscal year and beginning of the next fiscal year. Adjusted Maximum Levy Per EDU The Adjusted Maximum Levy Per EDU (Assessment) is calculated annually independent of the assessment rate for the current fiscal year (Levy per Equivalent Dwelling Unit). If the Levy per Equivalent Dwelling Unit for the year is greater than the Adjusted Maximum Levy Per EDU allowed, the assessment is considered an increased assessment and the increase must be approved by the property owners pursuant to California Constitution Article XIIID. MuniFinancial Page 17 Engineer's Report La Paloma indscaping and Lighting District B. DISTRICT BUDGET FOR FISCAL YEAR 2000/2001 Proposed Special General Assessable Budget Benefit Benefit Costs DIRECT COSTS Maintenance Costs $1,350 $1,350 $0 $1,350 Landscape Water 500 500 0 500 Landscape Electric 100 100 0 100 Street Lighting 130 130 0 130 Special District Services 50 50 0 50 Maintenance Repairs 500 500 0 500 Miscellaneous Maintenance 0 0 0 0 Direct Costs(Subtotal) 2,630 2,630 0 2,630 ADMINISTRATION COSTS District Administration 686 686 0 686 County Administration Fees 86 86 0 86 Miscellaneous Administration 5,000 5,000 0 5,000 Administration Costs(Subtotal) 5,772 5,772 0 5,772 LEVY BREAKDOWN Total Direct and Admin. Costs 8,402 8,402 0 8,402 Reserve Fund Collection/Transfer 340 340 0 340 CIP Collection/Transfers 0 0 0 0 Reimbursable Contributions/Replenishments 0 0 0 0 Other Revenue Sources/Contributions (5,000) (5,000) 0 (5,000) Balance to Levy 3,742 3,742 0 3,742 DISTRICT STATISTICS Total Parcels 17 Total Parcels Levied 15 Total Equivalent Dwelling Units 15.00 Levy per EDU $249.44 GENERAL INFORMATION Reserve Fund Account Beginning Reserve Fund Balance 0 0 0 0 Reserve Collection/Transfers 340 340 0 340 Anticipated Reserve Balance 340 340 0 340 Capital Improvement Projects(CIP) Beginning CIP Balance 0 0 0 0 CIP Collection/Transfers Q Q Si Q Anticipated CIP Balance 0 0 0 0 Adjusted Maximum Levy per EDU $249.44 The Developer has paid the costs associated with the formation of the District and are itemized as "Miscellaneous Administration" cost and"Other Revenue Source/Contributions" revenues. MuniFinancial Page 18 Engineer's Report La Paloma andscaping and Lighting District APPENDIX A - DISTRICT DIAGRAMS The District consists of all lots and parcels located within the residential development known as the La Paloma III (Tract 29045-00). The District is generally located east of Monterey Avenue, south of Hovley Lane West, west of Portola Avenue and incorporates all the single-family residential parcels of Tract 29045-00 located on Avenida Solana. The Boundary Diagram for La Paloma DI Landscaping and Lighting District and supporting Assessor's Parcel Map and Tract Map Tract 29045-00 are shown on the following pages and are inclusive of all lots and Assessor's Parcel Numbers within the District and constitute the Assessment Diagram for the La Paloma III Landscaping and Lighting District. MuniFinancial Page 19 BOUNDARY DUG.___.I • LA PALOMA III LANDSCAPING AND LIGHTING DISTRICT • ZONE 6—LAPALOMAIIIOFTHE PALM DESERT CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT IN THE CITY OF PALM DESERT,COLNIY OF RIVERSIDE,STATE OF CALIFORNIA TRACT NO.29045-00 A SUBDIVISION OF A PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTIONS,TSS,R6E,SBBM Assessment Identifications ASSESSORS PARCEL A9 SE5SOR9 PARCEL ASMT.NO. NUMBER PARCEL DESCRIPTION ACRES ASMT.NO. NUMBER PARCEL CESCRIPT1ON ACRES 1 Paton of 522-020071 TrIO 29045-00 Lot 1 a 25 11 Parton of 622020071 Trod 20245-00 Ld 11 012 • 2 Parton of 622-020-071 Trod 29045-00 Lai 2 014 12 Parton of 822-020071 Tact 29045-00 Ld 12 039 3 P0111011 d 622-020-071 Trace 29046-00 Ld 3 0.24 13 Patin of 622-020 C71 Tract 2904500 LP 13 0.22 Portico of 522-020-071 Iraq 29045-00 Lq 4 0.24 14 PONon of 522-020071 Trod 2904500 Lot 14 0.2] 5 Path,of 622-020071 Trace 29045-00 Lot 5 0.24 15 Paton of 622-020-071 Trace 29045-00 Lot 15 0.25 •I. 5 Pcnlon of 622-020-071 Trace 29045-00 Lot 6 010 IS Potion or 522-020071 Trace 2904500 Lot C 0.02 7 Paton of822020071 Tract 2904500 Lot7 012 17 Parton of 522-020071 Trace 21045-00 Lot 0 0.02 ~ I Paton of 622-020071 Trace 2904500 Le 5 0.27 Navvy Lena Poron of 622-020071 Trace 2904500 1n1 A 0.55 0 PONcn d 622-020-071 Tract 2904900 Lot 9 0.2 Avon.Sousa Parton d 622-020071 Tray 2904500 Ld 9 0.05 10 Poor of 622-020-071 Trace 29045-00 Lot 10 0.22 • IR 1'LP.M/MASS Tao STAAPIJ2 EGG 2]I5d ACGTIED AS,11E11-1 a7.L CASOdeir A[R IC7.A61 I6IX10 5r�S Co 1/4 LYIC AW CL.IY • (M WOW'I 715c50) RCL GAY Jr,If11 Navin,LAM'NEST MA ua 249/2.t70 HOVLEY LANE WEST Lt ,(2rr 7 . 11\1 snnu' �/r' —L'— — —�Y a.• .a.r T —Tani; — AS' i MH•a2.rt L�01 AG yl.N' a02 AG ��• ,,1 4*,... ll/lll/l I //. 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LOT S. r0.2J AG C I —7_12__ — 8 h • aty.Tt ;. � y 1 '7.M" IL1Yr• LOT 10LOT s la t av K •eSn;111 I I I �Df+;..tr a17 K LOTH • L sarr7•.rr,ka Zt I I �j'{�Aa7 sarrr.rr 4, 1 T lo_te ',Ts,' — • g LOT 9 TV IN, \ (4 l IS; CPO Kt LOT 1t yAea,rw-r I 10- a $YI c LOTS ` % LOr7 n'T 14)1 �� / 0.27 AS fP 7 Glt K / 2 ? a aI b.' lnrt rrwa-w Ts sour, -PG,'✓.PLUM FAGGED R.C.C.2541 AGIIr7ID AS GM 1/I CM.PER Au 13105-11 • • R.S.57/84 H.3.148/91-94 P.M.38/83-85 Engineer's Report La Paloma andscaping and Lighting District APPENDIX B -ASSESSMENT ROLL Parcel identification for each lot or parcel within the District, shall be the parcel as shown on the Riverside County Secured Roll for the year in which this Report is prepared and assessments are levied and are reflective of the Riverside County Assessor's Parcel Maps. This Engineer's Report reflects the proposed District improvements and assessments based on the anticipated costs and property development as of the Public Hearing date set by the City Council. At the writing of this Report and the mailing of property owner protest ballots, the District consisted of one large undeveloped parcel that has been approved for fifteen (15) residential lots as identified as Tract 29045-00. Although the County has not yet established Assessor's Parcel Numbers for the subdivision, this Report reflects a maximum assessment per residential lot based on the approved lot count and proposed annual budget. A listing of parcels assessed (lots) within this District, along with the assessment amounts is included in the following table. Lots A and B are street easements and will not be assigned an Assessor's Parcel Numbers by the County. Lots C and D are landscape easements and may or may not be assigned an Assessor's Parcel Numbers by the County. Assessment Proposed APN Number Parcel Description Assessment Portion of 622-020-071 1 Tract 29045-00 Lot 1 $249.44 Portion of 622-020-071 2 Tract 29045-00 Lot 2 249.44 Portion of 622-020-071 3 Tract 29045-00 Lot 3 249.44 Portion of 622-020-071 4 Tract 29045-00 Lot 4 249.44 Portion of 622-020-071 5 Tract 29045-00 Lot 5 249.44 Portion of 622-020-071 6 Tract 29045-00 Lot 6 249.44 Portion of 622-020-071 7 Tract 29045-00 Lot 7 249.44 Portion of 622-020-071 8 Tract 29045-00 Lot 8 249.44 Portion of 622-020-071 9 Tract 29045-00 Lot 9 249.44 Portion of 622-020-071 10 Tract 29045-00 Lot 10 249.44 Portion of 622-020-071 11 Tract 29045-00 Lot 11 249.44 Portion of 622-020-071 12 Tract 29045-00 Lot 12 249.44 Portion of 622-020-071 13 Tract 29045-00 Lot 13 249.44 Portion of 622-020-071 14 Tract 29045-00 Lot 14 249.44 Portion of 622-020-071 15 Tract 29045-00 Lot 15 249.44 Portion of 622-020-071 16 Tract 29045-00 Lot C 0.00 Portion of 622-020-071 17 Tract 29045-00 Lot D 0.00 Portion of 622-020-071 Hovley Lane Tract 29045-00 Lot A 0.00 Portion of 622-020-071 Avenida Solana Tract 29045-00 Lot B 0.00 Total Assessment $3,741.60 MuniFinancial Page 23 RESOLUTION: 00-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING THE RESULTS OF A PROPERTY OWNER PROTEST PROCEEDING AND APPROVING CERTAIN RELATED ACTIONS WHEREAS, the City Council called and duly held a public hearing for the "La Paloma III Landscaping and Lighting District" (hereafter referred to as the "District"); and the concurrent annexation of said District and territory into the Palm Desert Consolidated Landscaping and Lighting District (hereafter referred to as the "Consolidated District") pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the "Act"), and there has been presented to the City Council an Engineer's Report as required by Chapter 2,Article 1, Section 22585 of said Act; and, WHEREAS, the City Council has conducted property owner protest proceedings relating to the improvements and services described in the Engineer's Report for the purpose of presenting to the qualified property owners an assessment and assessment range formula establishing a maximum assessment for the levy and collection of assessments related thereto in accordance with the provisions of the California Constitution Article XIIID;and, WHEREAS, the landowners of record within the District as of the close of the Public Hearing held on April 13, 2000 did cast their ballots, the results of which are illustrated below: Yes: $ No: S NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY RESOLVE, ORDER AND DETERMINE: Section 1: The preceding recitals are true and correct. Section 2: The protest proceedings for the District assessments were conducted, with ballots presented to qualified property owners of the District for receipt by the City Clerk prior to the conclusion of the Public Hearing on April 13, 2000, with each ballot weighted according to the proportional financial obligation of the affected property. Section 3: The tabulation of the valid property owner protest ballots returned by the property owners within said District is hereby confirmed and made public record. This tabulation indicates approval of the assessment and assessment range Page 1 of 2 .ESOLUTION: 00-46 formula, and the City Council hereby confirms the assessment and assessment range formula approved by the property owners as described in the Engineer's Report. Section 4: The City Clerk is hereby directed to enter this Resolution on the minutes of the City Council which shall constitute the official declaration of the result of such property owner protest proceeding. Section 5: This Resolution shall become effective immediately upon its adoption and the City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 13th day of April 2000. STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss. CITY OF PALM DESERT I� Acting , City Clerk of the City of Palm Desert, County of Riverside, State of California do hereby certify that the foregoing Resolution No. was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of said council held on the day of , 2000 by the following vote: AYES: NOES: ABSENT: ABSTAINED: Mayor, Buford Crites City of Palm Desert Rachelle D. Rlassen, Acting City Clerk City of Palm Desert Page 2 of 2 ZESOLUTION: 00-47 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND/OR APPROVING THE ENGINEER'S REPORT REGARDING THE FORMATION OF THE LA PALOMA III LANDSCAPING AND LIGHTING DISTRICT; THE CONCURRENT ANNEXATION OF SAID TERRITORY INTO THE PALM DESERT CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT; AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2000/2001 WHEREAS, the City Council, pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the "Act"), did by previous Resolution order the Engineer, MuniFinancial, to prepare and file a Report in connection with the proposed formation of the "La Paloma III Landscaping and Lighting District" (hereafter referred to as the "District") and the concurrent annexation of the District and territory into the Palm Desert Consolidated Landscaping and Lighting District (hereafter referred to as the "Consolidated District"), and the proposed levy and collection of assessments against parcels of land for the fiscal year commencing July 1, 2000 and ending June 30, 2001; and, WHEREAS, the Engineer has prepared and filed with the City Clerk of the City of Palm Desert, California and the City Clerk has presented to the City Council such report entitled "City of Palm Desert Engineer's Report La Paloma III Landscaping and Lighting District Formation Fiscal Year 2000/2001" as required by the Act; and, WHEREAS, the City Council pursuant to the provisions of Chapter 2, Article 1, Section 22586 of said Act may approve the report, as filed, or may modify the report in any particular and approve it as modified; and WHEREAS, the City Council has carefully examined and reviewed the Report as presented, considered all oral and written comments presented with respect to the District and Report at a noticed Public Hearing and has discussed any necessary or desired modifications to the Report. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS: Section 1: The preceding recitals are true and correct. Section 2: The Report as presented or as modified, contains the following: Page 1 of 3 RESOLUTION: 00-47 a. A Description of Improvements. b. A Boundary Diagram of the District. c. The Method of Apportionment that details the method of calculating each parcel's proportional special benefits and annual assessment. d. The maximum annual assessment for the first fiscal year (Adjusted Maximum Levy per EDU) approved by the property owners. e. An "Assessment Range Formula" for calculating annual inflationary adjustments to the "Maximum Assessment" (Adjusted Maximum Levy per EDU), also approved by the property owners. f. The Annual Budget (Costs and Expenses) and the resulting assessment (Levy per EDU) for the first fiscal year. g. The District Roll containing the Levy for each Assessor Parcel within the District commencing Fiscal Year 2000/2001. Section 3: The City Clerk is hereby directed to enter on the minutes of the City Council any and all modifications to the Report determined and approved by the City Council, and all such changes and/or modifications by reference are incorporated into the Engineer's Report. Section 4: The City Council is satisfied with the Engineer's Report as presented or modified, each and all of the budget items and documents as set forth therein, and is satisfied that the annual assessments contained therein are consistent with the assessments approved by the property owners and spread in accordance with the special benefits received from the improvements pursuant to the provisions of the California Constitution Article XIIID. Section 5: The Report is hereby approved as submitted or modified and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. Section 6: The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation and approval of the Report as submitted or modified. Page 2 of 3 RESOLUTION: 00-47 PASSED, APPROVED, AND ADOPTED this 13th day of April 2000. STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss. CITY OF PALM DESERT I, Acting , City Clerk of the City of Palm Desert, County of Riverside, State of California do hereby certify that the foregoing Resolution No. was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of said council held on the day of , 2000 by the following vote: AYES: NOES: ABSENT: ABSTAINED: Mayor, Buford Crites City of Palm Desert Rachelle D. Klassen, Acting City Clerk City of Palm Desert Page 3 of 3 RESOLUTION: 00-48 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA ORDERING THE FORMATION OF THE LA PALOMA III LANDSCAPING AND LIGHTING DISTRICT; THE CONCURRENT ANNEXATION OF SAID DISTRICT AND TERRITORY INTO THE PALM DESERT CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT; AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO COMMENCING WITH FISCAL YEAR 2000/2001 WHEREAS, the City Council, desires to form the "La Paloma III Landscaping and Lighting District" (hereafter referred to as the "District"), to concurrently annex said District and territory into the "Palm Desert Consolidated Landscaping and Lighting District", Zone 6 — La Paloma III (hereafter referred to as either the "Consolidated District" or "Zone"), and to levy and collected annual assessments against parcels of land within said territory commencing with fiscal year 2000/2001 to pay the costs and expenses of operating, maintaining and servicing the improvements and appurtenant facilities related thereto, pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the "Act"); and, WHEREAS, the City Council did by previous resolutions initiate proceedings and declare its intention to form the District; concurrently annex said District and territory into the Consolidated District; and to levy and collected annual assessments for the purpose of operating, maintaining and servicing the improvements related thereto, pursuant to the Act; 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 Report that describes the District, the formation, annexation, and assessments against parcels of land within the District for the Fiscal Year commencing July 1, 2000, and ending June 30, 2001, pursuant to the provisions of the Act; and, WHEREAS, the City Council has caused notices and property owner assessment ballots to be mailed to all property owners of affected properties pursuant to the Act and in accordance with the provisions of California Constitution Article XIIID (Proposition 218); and WHEREAS, the City Council following notice duly given, has held a full and fair Public Hearing on April 13, 2000, regarding the formation of the District, the annexation of said District into the Consolidated District, the Engineer's Report prepared in connection therewith, and considered all oral and written statements, protests and communications made or filed by interested persons regarding these matters, pursuant to the Act; and has conducted property owner protest proceedings relating to the District, assessments and assessment range Page 1 of 5 ZESOLUTION: 00-48 formula described in the Engineer's Report 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 FOR THE DISTRICT, AS FOLLOWS: Section 1: The preceding recitals are true and correct. Section 2: The City Council upon the conclusion of the noticed Public Hearing has tabulated the property owner protest ballots returned, and received weighted according to the proportional financial obligation of each affected property ("Weighted Assessment Ballots"). Based on this tabulation, the City Council finds the record owners of property within the District, or others authorized to submit assessment ballots, have approved the proposed assessment, the assessment range formula connected therewith, and the levy and collection of assessments as described in the Engineer's Report. Section 3: Furthermore, the City Council finds that a written majority protest does not exist, pursuant to the provisions of the Act (Chapter 2, Article 1, Sections 22593 and 22594). Section 4: The City Council desires to levy and collect assessments against parcels of land within the District or Consolidated District Zone for the fiscal year commencing July 1, 2000 and ending June 30, 2001, to pay the costs and expenses of operating, maintaining and servicing the landscaping, lighting and appurtenant facilities located within public places within the District. Section 5: The City Council has carefully reviewed and examined the Engineer's Report in connection with the District, and the levy and collection of assessments. Based upon its review (and amendments, as applicable) of the Engineer's Report, a copy of which has been presented to the City Council and which as been filed with the City Clerk, the City Council hereby finds and determines that: a. The territory of land within District and/or Consolidated District Zone will receive special benefits from the operation, maintenance and servicing of the landscaping, lighting and appurtenant facilities and improvements related thereto. b. District and/or Consolidated District Zone includes all of the lands so benefited; and Page 2 of 5 RESOLUTION: 00-48 c. The net amount to be assessed upon the lands within the District and/or Consolidated District Zone, in accordance with the proposed budget for the fiscal year commencing July 1, 2000 and ending June 30, 2001 is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefits to be received by each parcel from the improvements and services and is satisfied that the assessments are levied without regard to property valuation. Section 6: The Engineer's Report, assessments and assessment range formula as presented to the City Council and on file in the office of the City Clerk are hereby confirmed as filed. Section 7: The City Council hereby orders the formation of the District and the annexation of said District and territory into the Consolidated District commencing with Fiscal Year 2000/2001. Section 8: The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as the operation, administration, maintenance and servicing of all improvements and appurtenant facilities and expenses associated with the District that were installed as part of the development known as La Paloma III — Tract 29045-00 and that will be maintained by the City of Palm Desert through annual assessments, namely: • Parkway and perimeter landscaping adjacent to the development on the south side of Hovley Lane West (Identified as Lots C and D on Tract Map 29045-00); • Street Lighting located at the entrance to the development at the corner of Hovley Lane West and Sandpiper Court; • Entryway monument, blockwalls, irrigation systems, drainage systems and electrical facilities associated with the landscaping and lighting improvements identified above. Section 9: The maintenance, operation and servicing of the landscaping and lighting improvements and appurtenant facilities shall be performed pursuant to the "Act" and the County Auditor of Riverside shall enter on the County Assessment Roll opposite each 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. After collection by the County, the net amount of the levy shall be paid to the City Treasurer. Page 3 of 5 LESOLUTION: 00-48 Section 10: The City Treasurer shall deposit all money representing assessments collected by the County for the District to the credit of a fund for the "La Paloma III Landscaping and Lighting District", and such money shall be expended only for the maintenance, operation and servicing of the landscaping and lighting improvements and appurtenant facilities as described in Section 8. Section 11: The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing July 1, 2000 and ending June 30, 2001. However, the assessments so approved, may be reduced by the City Council for Fiscal Year 2000/2001 during the annual Public Hearing for the Consolidated District, at which time all annual landscaping and lighting district assessments are reviewed and approved for the fiscal year. Section 12: The City Clerk is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution. Page 4 of 5 RESOLUTION: 00-48 PASSED, APPROVED, AND ADOPTED this 13th day of April 2000. STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss. CITY OF PALM DESERT I, Acting , City Clerk of the City of Palm Desert, County of Riverside, State of California do hereby certify that the foregoing Resolution No. was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of said council held on the day of , 2000 by the following vote: AYES: NOES: ABSENT: ABSTAINED: Mayor, Buford Crites City of Palm Desert Rachelle D. Klassen, Acting City Clerk City of Palm Desert Page 5 of 5