Loading...
HomeMy WebLinkAboutEngineer's Report - Palm Court - L&L District FormationCITY OF PALM DESERT ENGINEER'S REPORT PALM COURT LANDSCAPING AND LIGHTING DISTRICT FORMATION Fiscal Year 2004/2005 Intent Meeting: May 13, 2004 Public Hearing: July 8, 2004 MuniFinancial Corporate °fur Regional Cffues 27368 Via Industria Suite 110 Temecula, CA 92590 Tel: (909) 587-3500 Tel: (800) 755-MUNI (6864) Fax: (909) 587-3510 Antelope Valley, CA Los Angeles, CA Oakland, CA Orange County, CA www.muni.com Phoenix, AZ San Diego, CA Sacramento, CA Seattle, WA ENGINEER'S REPORT AFFIDAVIT Formation of and establishment of Annual Assessments for the: Palm Court Landscaping and Lighting District City of Palm Desert Riverside County, State of California This Report identifies all the parcels within the District and all relevant zones therein, as they 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 day of , 2004. MuniFinancial Assessment Engineer On Behalf of the City of Palm Desert By. Brian Jewett, Principal Consultant Financial Consulting Services By: Richard Kopecky R C. E. # 16742 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 GENERAL PROVISIONS 4 LOCATION AND EXTENT OF THE IMPROVEMENTS 5 III. METHOD OF APPORTIONMENT 6 A. IMPROVEMENT BENEFIT FINDINGS 6 GENERAL BENEFITS 6 SPECIAL BENEFITS 6 B. APPORTIONMENT CALCULATIONS 8 C. ASSESSMENT RANGE FORMULA 9 IV. DISTRICT BUDGET 11 APPENDIX A - DISTRICT DIAGRAMS 12 APPENDIX B -ASSESSMENT ROLL 14 Engineer's Report Fiscal Year 2004/2005 Palm Court Landscaping and Lighting District I. OVERVIEW A. INTRODUCTION The City of Palm Desert ("City") proposes to form the Palm Court Landscaping and Lighting District ("District") for Fiscal Year 2004/2005. 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 (Hovley Lane). The District will be formed, annexed into the Consolidated District, and:. levied. pursuant to the Landscape and Lighting Act f 1972, Part 2 cf Dizision 15 f the CaWomia Stems and Highways Cade (the Act), and in compliance with the substantive and procedural_ requirements of the Ca*rnia Constitzrtion A rtide XIIID. This..Engineer's Report=_("Deport") describes=the=District'and._assessments to be levied against properties within the- District- commencing -with Fiscal Year 2004/2005. 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 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 MuniFinv ial Page 1 Engineer's Report Fiscal Year 2004/2005 Palm Court Landscaping and Lighting District 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 2004/2005, 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 25373 known as the Palm Court at Hovley Lane West. Tract 25373 is a single-family residential development located on Palm, Court,- on thenorth side of Hovley Lane West between Monterey Avenue, and- Portola Avenuewithin the City of Palm Desert, County of Riverside. The assessable parcels within the District (Twentysingle-family residential lots) receive special benefit from the installation- and:maintenat ce of street lighting_ facilities and landscaped areas within or: adjacent= the_a velvpm—ent 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 streetlight installed at the entrance to the development. The specific location, description and benefits of the improvements are discussed in the following sections. MuniFinar ial Page 2 Engineer's Report Fiscal Year 2004/2005 Palm Court Landscaping 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 Palm Court at Hovley Lane West (Tract 25373). The District is generally located east of Monterey Avenue, west of Portola Avenue, on the north side of Hovley Lane West and incorporates all the single-family residential parcels of Tract 25373. The District boundary includes all lots within Tract 25373 totaling approximately 4.75 acres described as: • Twenty (20) subdivided single-family residential lots (Lots 1-20) on Palm Court, (Assessor's Parcel Numbers 622-311-027 through 046); • Two landscape rights-of-way/easements (Parkway landscape areas) adjacent to the development on the north side of Hovley Lane West, identified as Lot "C" (0.02 acres) and Lot "D" (0.02 acres); • Public street rights -of way on Hovley Lane West (Lot "A") and Palm Court (Lot "B"). 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 north side of Hovley Lane West; • Street Lighting located at the entrance to the development at the corner of Hovley Lane West and Palm Court; • Entryway monument, block walls, 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 utili7Ps commonly accepted assessment engineering practices and have been established pursuant to the 1972 Act and the provisions of the California Constitution A aide XIIID (Proposition 218). MuniFimncial Page 3 Engineer's Report Fiscal Year 2004/2005 Palm Court Landscaping and Lighting District B. DISTRICT IMPROVEMENTS AND SERVICES GENERAL PROVISIONS 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. Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. 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; g) MuniFimnaal Page 4 Engineer's Report Fiscal Year 2004/2005 Palm Court Landscaping and Lighting District 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 THE 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 north side of Hovley Lane West, identified as Lots "C" and "D" (0.04 acres) of Tract Map No. 25373. The street lighting-imgrovements 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 located at the entrance to the development at the corner of Hovley Lane West and Palm Court. MuniFitundal Page 5 Engineer's Report Fiscal Year 2004/2005 Palm Court Landscaping 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 the Cali(Om a Constitutiort A rtide XIIID (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 represents 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 cannot be considered a direct and special benefit to those properties. Furthermore, most developments within the City of Palm Desert typically have various landscaping and lighting improvements specifically associated with those developments and these improvements are funded by properties within those developments. Therefore, by comparison it has been determined that the improvements for this District and the on -going operation and maintenance of those improvements are clearly a direct and special benefit to properties within the District and provide no measurable general benefit to properties outside the District or to the public at large. SPECIAL BENEFITS MuniFinancial Page 6 Engineer's Report Fiscal Year 2004/2005 Palm Court Landscaping and Lighting District 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. MuniF inancial Page7 Engineer's Report Fiscal Year 2004/2005 Palm Court Landscaping 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 Benefit Unit (EBU). The single-family residential lot (parcel) is used as the base unit for calculation of assessments and is defined as one (1.00) EBU. All other property types are typically assigned an EBU 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 and are not assessed for District improvements. If the County assigns an APN to anyparcelidentified as Exempt, that parcel shall be assigned 0.00. EBU. 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 and clearly receive no benefit from the installation and maintenance of the improvements; 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 Palm Court 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 equitable and reasonable apportionment of benefit is an equal distribution of costs, regardless of the parcel's acreage or development status. An assessment amount per EBU (Rate) for the District improvements is established by taking the total cost of the improvement and dividing that amount by the total number of EBU's of the benefiting parcels. This Rate is then applied MuniFinanial Page 8 Engineer's Report Fiscal Year 2004/2005 Palm Court Landscaping and Lighting District back to each parcel's individual EBU to determine the parcel's proportionate benefit and assessment obligation. Total Balance to Levy / Total EBU = Levy per EBU Levy per EBU x Parcel EBU = 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 SB919 (Proposition-218 implem nting:legislation). The purpose:- of-- establishing an=- assessment- range- formula: is to provide- for reasonable- increas.m=ar +�ir+iati-orar 'adj;ast ers to am asse-ssrnents_without_ requiring_costlynoticin-and_ma gproced_u whichcould_add to the_District costs and assessments. As part of the District formation, balloting of property owners is required, pursuant to Proposition 218. The ballots presented to the property owners in connection with this Report includes an Assessment Rate 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 (Fiscal Year 2005-2006) and each fiscal year thereafter, the Maximum Assessment will be recalculated annually. 2. The new adjusted Maximum Assessment for the year represents the prior year's Maximum Assessment adjusted by three percent (3.0%). 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 MuniFintn ial Page 9 Engineer's Report Fiscal Year 2004/2005 Palm Court Landscaping and Lighting District Maximum Assessment will be recalculated and adjusted annually. However, the City Council may reduce or freeze the Maximum Assessment at any time by amending 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 and neither does it restrict assessments to the adjustment maximum amount. If the budget and 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 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 an& property owner protest balloting. 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 is not approved,. the. City Council may not levy an assessment greater than the adjusted Maximum Assessment previously established for the District. MuniFimndal Page 10 Engineer's Report Fiscal Year 2004/2005 Palm Court Landscaping and Lighting District IV. DISTRICT BUDGET ZONE 6 PALM COURT Total General Special Budget Benefit Benefit DIRECT COSTS Maintenance Costs $1,728 $0 $1,728 Landscape Utilities 540 0 540 Landscape Extras (Repairs/Materials/Equipment) 770 0 770 Tree Pruning 450 C 450 Street Lighting 150 0 150 Special District Services 0 0 0 Annual Direct Costs (Subtotal) $3,638 0 $3,638 Renovation/Capital Improvement Expenditures 0 0 0 Total Direct Costs $3,638 0 $3,638 ADMINISTRATION COSTS District Administration 1,026 0 1,026 County Administration Fee 25 0 25 County Per Parcel Fee 4 0 4 Administration Costs (Subtotal) $1,055 0 51,055 LEVY BREAKDOWN Total Direct and Admin. Costs 4,693 0 4,693 Reserve Collection/ (Transfers) 469 0 469 Other Revenues/General Fund Contribution 0 0 0 Capital Improvement Project Collection/ (Transfers) 0 0 0 Balance to Levy $5,162 0 $5,162 DISTRICT STATISTICS Total Parcels 20 Total Parcels Levied 20 Total Equivalent Dwelling Units 20.00 Levy per EDU $258.12 RESERVE INFORMATION Beginning Reserve Balance 0 Reserve Account Activity 469 Anticipated Reserve Balance 469 ASSESSMENT INFORMATION Maximum Assessment Rate FY 2004/05 CPI Applied : 0.00% $258.12 MuniFinanaal Pam 11 Engineer's Report Fiscal Year 2004/2005 Palm Court Landscaping and Lighting District APPENDIX A - DISTRICT DIAGRAMS The District consists of all lots and parcels located within the residential development known as the Palm Court (Tract 25373). The District is generally located east of Monterey Avenue, north of Hovley Lane West, west of Portola Avenue and incorporates all the single-family residential parcels of Tract 25373 located on Palm Court. The Boundary Diagram for Palm Court Landscaping and Lighting District is defined by the boundaries of Tract 25373 as identified on the Riverside County Assessor's Parcel Map. The following page (APN map) identifies the parcels within the District and constitutes the Assessment Diagram for the Palm Court Landscaping and Lighting District. MuniFinandal Page 12 mm 00 Ct aW 0 ar ti nary► fb ® F 01e 4. MI i •••1 telt rs�% 0 107 --1-1/%O 4 Wb M /— %a. C111.00 A' Wit y®a. • o.0 tt© ®1• Ora U'r O� R' OP 4 Z®R 1.2 >< • i. Wit M eves. 40.1 eo�ct .rca .f•ca 107 t e Z 107 es O:z let ! R n4 1el1 iV © h fl tt of d ®. 0f p'ef ss tr. a4. es a o ®' 7g•+ "TV, : ♦ C 1741,7 37917 0mo 01 ti 11119 3„ 9t,01.00 W POW ®_ re Of Of 4 4 s 0CT. /990 Engineer's Report Palm Court Landscaping 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 reflective of the Riverside County Assessor's Parcel Maps. A listing of parcels assessed within this District, along with the assessment amounts is included in the following table. Proposed APN Parcel Description Assessment 622-311-027 Tract 25373 Lot 1 258.12 622-311-028 Tract 25373 Lot 2 258.12 622-311-029 Tract 25373 Lot 3 258.12 622-311-030 Tract 25373 Lot 4 258.12 622-311-031 Tract 25373 Lot 5 258.12 622-311-032 Tract 25373 Lot 6 258.12 622-311-033 Tract 25373 Lot 7 258.12 622-311-034 Tract 25373 Lot 8 258.12 622-311-035 Tract 25373 Lot 9 258.12 622-311-036 Tract 25373 Lot 10 258.12 622-311-037 Tract 25373 Lot 11 258.12 622-311-038 Tract 25373 Lot 12 258.12 622-311-039 Tract 25373 Lot 13 258.12 622-311-040 Tract 25373 Lot 14 258.12 622-311-041 Tract 25373 Lot 15 258.12 622-311-042 Tract 25373 Lot 16 258.12 622-311-043 Tract 25373 Lot 17 258.12 622-311-044 Tract 25373 Lot 18 258.12 622-311-045 Tract 25373 Lot 19 258.12 622-311-046 Tract 25373 Lot 20 258.12 Hovley Lane Tract 25373 Lot A 0.00 Palm Court Tract 25373 Lot B 0.00 Easement Tract 25373 Lot C 0.00 Easement Tract 25373 Lot D 0.00 Total Assessment $5,162.40 Mun Financial