HomeMy WebLinkAboutPD Drainage Basin Maint AD No. 1 FY 09-10 CITY OF PALM DESERT
DEVELOPMENT SERVICES
STAFF REPORT
REQUEST: Consideration of approval of the final Engineer's Report and order
to levy for fiscal year 2009/2010 for the Palm Desert Drainage
Basin Maintenance Assessment District No. 01.
SUBMITTED BY: Ryan Stendell, Senior Management Analyst
DATE: June 11, 2009
CONDITIONS: Resolution No. 09-42
Final Engineer's Report FY 2009/2010
Recommendation:
Waive further reading and adopt:
1. A resolution of the City Council of the City of Palm Desert, California,
approving the annual Engineer's Report and ordering the levy and
collection of assessments within the City of Palm Desert Drainage Basin
Maintenance Benefit Assessment District No. 1, for Fiscal Year
2009/2010, pursuant to the provisions of the Benefit Assessment Act of
1982
Discussion:
The Palm Desert Drainage Basin Maintenance Assessment District was formed to
assess property owners for the maintenance of the drainage system within the Section
29 area. The district was formed pursuant to state law and maximum levy amounts
were set at that time. During the original approval of this benefit assessment district
there were provisions put in place to allow for, cost of living increases not to exceed 3%
or CPI, whichever is greater. The Engineers Report measures CPI based on a 12
month difference of the March report. In this case, the March report reflects a -1%
change between 2008 and 2009, leaving the Engineers Report to default at a 3%
maximum increase in assessment for FY 09/10.
Staff Report
BAD No. 1
Page 2 of 2
June 11, 2009
At its regular meeting of May 7, 2009, the City Council initiated the proceedings and set
a public hearing date of June 11, 2009. The attached resolutions would approve the
final Engineer's Report and call for the levy for fiscal year 2009/2010 pursuant to the
requirements of state law.
Staff recommends that the City Council approve the final Engineer's Report, and call for
the levy of the Palm Desert Drainage Basin Maintenance Assessment District No. 1.
Submitted By: Departmen ead:
yan Stendell Homer Cro
Senior Management Analyst ACM for elopment Services
Approval:
CITY COUNCILA�'ION
APPROVED DF,NiED _
RE EIVED �OTHER , �
John . Wohlmuth v. 09- ,�
City ger MEETtNG DA� '•� •vc
AYES:�'/zS[A�. rK'ifL. lC�. „�1��.Cux' �r�e/
T
NOES: ��
ABSENT: ��'�
Paul Gibson ABSTAIN: n
Director of Finance VERIFIED BY: ��K ��n�
Original on File with City Clerk's Oft"ice
Bureau of Labor Statistics Data y`
Page 1 of 2
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Change Output Options: From: i99y . ro: zoo9 - (�j
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Data extracted on: May 20,2009(12:28:01 PM)
Consumer Price Index-All Urban Consumers
SBlies Id: CWRA421SA0
Not Seasonally Adjusted
Area: Los Angeles-Riverside-Orange County, CA
Itemt All items
Baee Period: 1982-84=100
Year ]an Feb Mar Apr May 7un ]ul Aug Sep Oct Nov Dec Annual NALF1 HALF2
19 9 9 164.2 164.6 16 5.0 16 6.6 16 6.2 16 5.4 16 5.8 16 6.3 16 7.2 16 7.2 16 7.1 16 7.3 16 6.1 16 5.3 16 6.8
2000 167.9 169.3 170.7 170.6 171.1 171.0 171.7 172.2 173.3 173.8 173.5 173.5 171.6 170.1 173.0
2001 174.2 175.4 176.2 176.6 177.5 178.9 178.3 178.4 178.8 178.3 178.1 177.1 177.3 176.5 178.2
200 2 178.9 180.1 181.1 182.2 182.6 181.9 182.2 183.0 18 3.4 183.7 184.0 183.7 18 2.2 181.1 183.3
2003 185.2 186.5 188.2 18 7.6 186.4 18 6.3 186.3 18 6.9 188.2 18 7.8 187.1 187.0 187.0 186.7 18 7.2
2004 188.5 19 0.1 191.5 191.9 193.3 19 3.7 193.4 19 3.1 194.5 19 6.3 196.9 195.2 19 3.2 191.5 194.9
2005195.4 197.4 199.2 201.1 201.5 200.7 201,4 203.1 205.8 206.9 205.6 203.9 201.8 199.2 204.5
2006 206.0 207.5 208.5 210.5 212.4 211.1 211.4 211.9 212.9 211.4 211.1 210.6 210.4 209.3 211.6
2007 212.584 214.760 216.500 217.845 218.596 217.273 217.454 217.330 217.697 218.696 219.943 219.373 217.338 216.260 218.416
2008 220.918 221.431 223.606 224.625 226.651 229.033 229.886 228.484 227.449 226.159 222.229 219.620 225.008 224.377 225.638
2009 220.719 221.439 221.376 221.693
12 Months Percent Change
Series Id: CWRA421SA0
Not Seasonally Adjusted
Areaa Los Angeles-Riverside-Orange County, CA
Item� All items
Baee Periods 1982-84=100
Year ]an Feb Mar Apr May)un Jul Aug Sep Oct Nov Dec Annual HALF3 FIAlF2
1999 2,0 2.2 2.2 3.0 2.4 2.0 2.3 2.3 2.8 2.5 2.3 2.3 2.3 2.3 2.4
2000 2.3 2.9 3.5 2.4 2.9 3.4 3.6 3.5 3.6 3,9 3.8 3.7 3.3 2.9 3.7
2001 3.8 3.6 3.2 3.5 3.7 4.6 3.8 3.6 3.2 2.6 2.7 2.1 3.3 3.8 3.0
2002 2.7 2.7 2.8 3.2 2.9 1.7 2.2 2.6 2.6 3.0 3.3 3.7 2.8 2.6 2.9
2003 3.5 3.6 3.9 3.0 2.1 2.4 2.3 2.1 2.6 2.2 1,7 1.8 2.6 3.1 2.1
2004 1.8 1.9 1.8 2.3 3.7 4.0 3.8 3.3 3.3 4.5 5.2 4.4 3.3 2.6 4.1
2005 3.7 3.8 4.0 4.8 4.2 3.6 4,1 5.2 5.8 5.4 4.4 4.5 4.5 4.0 4.9
2006 5.4 5.1 4.7 4.7 5.4 5.2 5.0 4.3 3.4 2.2 2.7 3.3 4.3 5.1 3.5
2007 3.2 3.5 3.8 3.5 2.9 2.9 2.9 2.6 2.3 3.5 4.2 4.2 3.3 3.3 3.2
2008 3.9 3.1 3.3 3.1 3.7 5,4 5.7 5.1 4.5 3.4 1.0 0.1 3.5 3.8 3.3
2009-0.1 0.0 -1.0 -1.3
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Martinez, Gloria
From: Moeller, Charlene[CMOELLER
Sent: Tuesd"ay, May 12, 2009 3:15 PM palmspri.gannett.com]
To: Martinez, Gloria �
Subject: RE: Legal Notice- Res No. 09-29 PD Drainage Basin Maint.AD No. 1 - PH 06/11/09
Ad received and will publish on date(s) requested.
Charlene Moeller
Public Notice Customer Service Rep.
The Desert Sun Newspaper
750 N. Gene Autry Trail, Palm $prings, CA 92262
(760)778-4578, Fax(760) 778-4731
Desert Sun IeqalsC�thedesertsun com
8� Desert Post Weekly d wle als thedesertsun.com
The Coachella Valley's#1 Source in News �Advertising!
Visit us at mydesert.com
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From: martinez@ci. alm-desert.ca.us [mailto:gmartinez@ci. alm�� �� � ����"�
��aw«� �_ .0
g p .�a��,�.� .,
. . . .... _
Sent: Tuesday, May 12, 2009 3:08 PM p -desert.ca.us]
To: tds-legals
Subject: Legal Notice - Res No. 09-29 PD Drainage Basin Maint. AD No. 1 - PH 06/11/09
PLEASE PUBLISH THE FOLLOWING:
NOTICE OF PUBLIC HEARING
Resolution No. 09-29 — Declaring Its Intention to Levy the Annual Assessment for Fiscal Year 2009/2010 for the
Palm Desert Drainage Basin Maintenance Assessment District No. 1, Pursuant to the Benefit Assessment Act of
1982 and Appointing a Time and Place for the Public Hearing on These Matters.
ONCE IN THE DESERT SUN
Sunday, May 31, 2009
If you have any questions or require additional information, please call me.
'N�.C�o�.aa ?'+?cry�"�.�
Records Technician
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert,California 92260
(760)346-0611 Ext. 354
gmartinezCc�ci.palm-desert ca us
1
RESOLUTION NO. 09-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA DECLARING ITS INTENTION TO LEVY THE ANNUAL ASSESSMENT
FOR FISCAL YEAR 2009/2010 FOR THE PALM DESERT DRAINAGE BASIN
MAINTENANCE ASSESSMENT DISTRICT NO. 01, PURSUANT TO THE BENEFIT
ASSESSMENT ACT OF 1982 AND APPOINTING A TIME AND PLACE FOR THE
PUBLIC HEARING ON THESE MATTERS
The City Council of the City of Palm Desert, California (hereafter referred to as the "City
Council") Hereby Finds, Determines, Resolves, and Orders as follows:
WHEREAS, the City Council by previous action and resolution formed the "Palm
Desert Drainage Basin Maintenance Assessment District No. 01" (hereafter referred to
as the "DistricY') pursuant to the Benefit Assessment Act of 1982, Chapter 6.4, Division
2, Title 5 of the Government Code of the State of California commencing with Section
54703 (hereafter referred to as the "Act"); for the purposes of levying annual
assessments upon benefiting properties within the District for the maintenance,
operation and servicing of drainage basin and facilities related thereto; and,
WHEREAS, a Report (hereafter referred to as the "Engineers Report") was
prepared, filed and approved by the City Council in connection with the District and the
levy of said assessments, pursuant to Section 54716 of said Act; and,
WHEREAS, the City Council conducted property owner protest proceedings
relating to the improvements and services described in the Formation Report and the
levy and collection of annual assessments and an assessment range formula related
thereto in accordance with the provisions of the California Constitution Article XIIID;
and,
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE
CITY COUNCIL OF THE CITY OF PALM DESERT, THE LEGISLATIVE BODY FOR
SAID DISTRICT, AS FOLLOWS:
Section 1. The City Council hereby declares its intention to seek the annual levy of
the District assessments pursuant to the Act, over and including the land
within the District boundaries to pay the costs of the operation,
maintenance and servicing of the drainage basin and, improvements and
expenses related thereto for fiscal year 2009/2010.
Section 2. The boundaries of the District are described in the Engineer's Report and
include the parcels within the District at the time of the Resolution of
Intention and are identified on the Riverside County Assessor's Secured
Roll (as of June 2007) and the Assessor's Parcel Map.
RESOLUTION NO. 09-29 � µ
Section 3. Notice is hereby given that a Public Hearing on these matters will be held
by the City Council on Thursday, June 11, 2009 at 4:00 p.m., or as soon
thereafter as feasible in the City Council (Council Chambers), located at
73-510 Fred Waring Drive, Palm Desert, California.
PASSED, APPROVED, AND ADOPTED THIS 7T" DAY OF MAY, 2009.
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF PALM DESERT)
I, Rachelle D. Klassen, City Clerk of the City of Palm Desert, County of Riverside, State
of California do hereby certify that the foregoing Resolution No. 09-29 was adopted by
the City Council of said City of Palm Desert at a special meeting of said council held on
the 7th day of May, 2009 by the following vote:
AYES: BENSON, FERGUSON, FINERTY, KELLY, and SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAINED: NONE
ROBERT A. SPEIGEL, MAYOR
CITY OF PALM DESERT, CALIFORNIA
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
2
CITY OF PALM DESERT
RESOLUTION N0. 09-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT APPROVING THE ANNUAL
ENGINEER'S REPORT AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE CITY
OF PALM DESERT DRAINAGE BASIN MAINTENANCE BENEFIT ASSESSMENT DISTRICT N0. 1, FOR FISCAL
YEAR 2009/2010, PURSUANT TO THE PROVISIONS OF THE BENEFIT ASSESSMENT ACT OF 1982
WHEREAS, The City Council of the City of Palm Desert(hereafter referred to as the "City Council")
has, by previous Resolutions declared its intention to levy assessments for the City of Palm Desert
Drainage Basin Maintenance Benefit Assessment District No.1 (hereinafter referred to as the "District");
and
WHEREAS, The Engineer selected by the City Council has prepared and filed with the City Clerk,
and the City Clerk has presented to the City Council an Engineer's Annual Levy Report (hereafter referred to
as the"Engineer's Repo�")that describes the assessments against the parcels of land within the Assessment
District for the fiscal year commencing July 1, 2009 and ending June 30, 2010 to pay for the maintenance,
operation and servicing of improvements and facilities related thereto; and
WHEREAS,the City Council has carefully examined and reviewed the Engineer's Report as presented, and
is satisfied with the items and documents as set forth therein, and finds that the levy of assessments has been
spread in accordance with the special benefits received from the improvements, operation, maintenance and
services to be performed, as set forth in said the Engineer's Report;
WHEREAS, The City Council and its legal counsel have reviewed Proposition 218 and found that
these assessments comply with appficable provisions of Article XIIID of the California State Constitution; and
WHEREAS, The City Council desires to levy and collect assessments against parcels of land within
Assessment District for the Fiscal Year commencing July 1, 2009 and ending June 30, 2010, to pay the costs
and expenses of operating, maintaining and servicing the improvements and appurtenant facilities located
within the District.
Page 1
CITY OF PALM DESERT
RESOLUTION N0. 09-42
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR
THE DISTRICT,AS FOLLOWS:
Section 1 Following notice duly given, the City Council has held a full and fair Public Hearing
regarding the District, the levy and collection of assessments, the Engineer's Report prepared in
connection therewith, and considered any oral and written statements, protests and communications
made or filed by interested persons regarding these matters.
Section 2 The City Council finds the record owners of property within the District previously
approved the continued levy and collections of assessments through property owner balloting
proceedings, and that the proposed assessment for Fiscal Year 2009/2010 is consistent with the
assessment so approved,
Section 3 Based upon the Engineer's Report, which is here by approved and is ordered to be
filed in the Office of the City Clerk as a permanent record and to remain open to public inspection, the City
Council hereby finds and determines that:
a) The land and eligible parcels within the boundaries of the District will receive a
particular and distinct benefit over and above general benefits conferred on real
property located in the District or to the public at large form the operation,
maintenance and servicing of the improvements and appurtenant facitities
identified in the Engineer's Report (hereinafter referred to as "Special benefiY');
and,
b) The District includes the lands and parcels receiving such Special Benefit; and
c) The net amount to be assessed upon the lands within the District is in accordance
and apportioned by a formula and method which fairly distributes the net amount
among eligible parcels in proportion to the special benefit to be received by each
parcel from the improvements and services for the fiscal year commencing July 1,
2009 and ending June 30, 2010.
Section 4 The Engineer's Report and assessment as presented to the City Council and on file
in the office of the City Clerk comply with the applicable provisions of the California State
Constitution Article XIIID and are hereby confirmed as filed.
Section 5 The maintenance, operation and servicing of the improvements shall be performed
pursuant to the provisions of the Benefit Assessment Act of 1982, T'�tle 5, Division 2, Part 1, Chapter
6.4 of the Government Code of the State of California Commencing with section 54703 (hereafter
referred to as the "Act"), The City Council hereby orders the proposed improvements to be made,
which improvements are briefly described as the operation, maintenance, servicing and
administration of the improvements, and incidental expenses related thereto for the District located
within the boundary of the City of Palm Desert, and the jurisdiction of the City Council. A more
Page 2
CITY OF PALM DESERT
RESOLUTION N0. 09-42
detailed description of the improvements is contained within the Report, but the improvements and
facilities can be c�assified within the following general categories:
• Installation, construction or maintenance of any authorized improvements under Act,
inctuding, but not limited to, drainage improvements and any facilities which are appurtenant
to any of the aforementioned or which are necessary or convenient for the maintenance or
servicing thereof.
Section 6 The County Auditor of Riverside County shall enter on the County Assessment Roll
opposite each eligible parcel of land the amount of levy, and such levies shall be collected at the
same time and in the same manner as the County taxes are collected, pursuant to the provisions
provided in the Act. After collection by the County, the net amount of the levy shall be paid to the
Treasurer of the City of Palm Desert.
Section 7 The City Treasurer shall deposit all money representing assessments collected by
the County for the District to the credit of a fund for the City of Palm Desert Drainage Basin
Maintenance Benefit Assessment District No.1, a and such money shall be expended only for the
maintenance,operation and servicing of the improvements as described in section 5.
Section 8 The adoption of this Resolution constitutes the District levy for the fiscal year
commencing July 1, 2009 and ending June 30, 2010.
Section 9 The City Clerk, or their designate, is hereby authorized and directed to file the levy
with the County Auditor upon adoption of this Resolution.
Section 10 A copy of the levy shall be filed in the office of the City Clerk and open for public
inspection.
Page 3
CITY OF PALM DESERT
RESOLUTION N0. 09-42
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this
day of , 2009.
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF PALM DESERT)
�� , City Clerk of the City of Palm Desert, County of
Riverside, State of California do hereby certify that the foregoing Resolution No. was adopted
by the City Council of said City of Palm Desert at a regular meeting of said council held on the
day of , 2009 by the following vote;
AYES:
NOES:
ABSENT:
ABSTAINED:
ROBERT A. SPEIGEL, Mayor
City of Palm Desert, California
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
Page 4
CITY OF PALM DESERT
ENGINEER'S REPORT FOR
BENEFIT ASSESSMENT DISTRICT N0. 1
FISCAL YEAR 2009/2010
�
II�
CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT N0. 1
Intent Meeting: May 7,2009
Public Hearing: June 11,2009
WILLDAC�
� ��. ��.:
Financial Services
, .. . • • • , , ,
27368 Via lndustria Lancaster,CA Phoenix,AZ
Suite 110 Oakland,CA Orlando, FL
Temecula, CA 92590 Sacramento,CA Memphis, TN
Tel: (951)587-3500
Tel: (800)755-6864
Fax; (951)587-3510
www.wiildan.com
ENGINEER'S REPORT AFFIDAVIT
Benefit Assessment District No.1
The District includes parcels of land within the subdivisions know as
Assessment District 2004-02 (Section 29)
City of Palm Desert,
County of Riverside, State of California
This Report and the enclosed budget, assessments, descriptions and diagrams describe the
Benefit Assessment District No.1, and include each lot, parcel, and subdivision of land within said
District, as the same existed at the time of the passage of the Resolution of Intention. Reference is
hereby made to the Riverside County of Assessor's maps for a detailed description of the lines and
dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report
as directed by the City Council.
Dated this day of , 2009.
Willdan Financial Services
Assessment Engineer
On Behalf of the City of Palm Desert
By:
Adina Vazquez, Senior Project Manager
District Administration Services
By:
Richard Kopeck
R. C. E.#16742
TABLE OF CONTENTS
INTRODUCTION..........................................................................................................1
PART I —PLANS AND SPECIFICATIONS ...............................................................3
A. Benefiting Properties within the District................................................................3
B. Funding authorized by the 1982 Act ....................................................................3
C. Description of Services ........................................................................................4
PART II —METHOD OF APPORTIONMENT ............................................................5
A. General.................................................................................................................5
B. Benefit Analysis....................................................................................................5
C. Assessment Methodology....................................................................................6
D. Assessment Range Formula................................................................................8
PART III — DISTRICT BUDGET.............................................................................. 10
PART IV— DISTRICT DIAGRAMS......................................................................... 11
PART V—ASSESSMENT ROLL............................................................................ 13
City of Palm Desert Benefit Assessment District No. 1
Engineer's Report, Fiscal Year 2009110
INTRODUCTION
Pursuant to the provisions of the Benefit Assessment Act of 1982, being Chapter 6.4 of the
California Government Code, commencing with Section 54703 (hereafter referred to as the "1982
Act"), and in compliance with the substantive and procedural requirements of the California State
Constitution Article XIIID (hereafter referred to as the "California Constitution"), the City Council of
the City of Palm Desert, County of Riverside, State of California (hereafter referred to as "City"),
proposes to levy special benefit assessments for the district designated as:
City of Palm Desert Benefit Assessment District No. 1
(hereafter referred to as "District"), which includes lots and parcels of land within the subdivisions
known as Monterey 170 and subdivision known as Section 29, within the City limits of Palm Desert.
The areas included in the District are also known as Parcel Map No. 24255 (Monterey 170) /
Assessment District 2004-02 (Section 29).
This Report describes the District, the services, and the proposed assessments to be levied
against properties in connection with the special benefits that the properties will receive from the
maintenance and servicing of the District improvements and facilities commencing in fiscal year
2009/2010. The District and the assessments described herein will provide a funding source
(annual assessments) for the continued operation, maintenance and servicing of the drainage
basin, including expansions thereto.
The services and assessments described in this Report are based on the current and planned
development of properties within the District and represent an estimate of the direct expenditures,
incidental expenses, and fund balances that will be necessary to operate, maintain and service the
drainage basin that provides special benefits to properties within the District. The structure of the
District (organization), the proposed services, the method of apportionment, and assessments
described herein are based on the current and proposed development within the District; and by
reference, the plans and specifications for the drainage basin and expansion thereto are made part
of this Report. The word "parcel," for the purposes of this Report, refers to an individual property
assigned its own Assessor's Parcel Number(APN) by the Riverside County Assessor's Office. The
Riverside County Auditor-Controller uses Assessor's Parcel Numbers and specific Fund Numbers
to identify properties to be assessed on the tax roll for the special benefit assessments.
As part of this District, the City of Palm Desert conducted a Property Owner Protest Ballot
proceeding for the proposed levy of a new assessment pursuant to the provisions of the California
Constitufion, Article XIIID Section 4. In conjunction with this ballot proceeding, the City Council
conducted a noticed public hearing to consider public testimonies, comments and written protests
regarding the formation of the District and levy of assessments. At the public hearing, property
owner protest ballots received were tabulated and a majority protest did not exist for the proposed
assessments and the assessment range formula presented and described herein. The City Council
approved the Report, ordered the formation of the District, and approved the levy and collection of
assessments.
Willdan Financial Services Page 1
City of Palm Desert Benefit Assessment District No. 1
Engineer's Report, Fiscal Year 2009/10
Each subsequent fiscal year, a Report is prepared and presented to the City Council describing
any changes to the proposed services, the annual budget and assessments for that fiscal year, and
the City Council shall hold a noticed public hearing regarding these matters prior to approving and
ordering the proposed levy of assessments. If the proposed assessments for the District exceed
the maximum assessment described herein (as approved by the property owners), the new or
increased assessment must be confirmed through another prope�ty owner protest ballot
proceeding before such an assessment may be imposed. It should be noted that an increased
assessment to an individual property resulting from changes in development or land use does not
constitute an increased assessment.
This Report consists of five(5) parts:
Part I
Pians and Sqecifications: A description of the District boundaries and the proposed
improvements associated with the District.
Part II
The Method of Apportionment: A discussion of benefits the services provide to properties within
the District and the method of calculating each property's proportional special benefit and annual
assessment. This section also identifies and outlines an Assessment Range Formula that provides
for an annual adjustment to the Maximum Assessment Rate that establishes �imits on future
assessments, but also provides for reasonable cost adjustments due to inflation without the added
expense of additional property owner protest ballot proceedings.
Part III
The District Budget: An estimate of the annual costs to operate, maintain and service the
drainage basin improvements and facilities installed and constructed to suppo�t current and
proposed development within the District. This budget includes an estimate of anticipated direct
maintenance costs and incidental expenses including, but not limited to administration expenses
and the collection of appropriate fund balances to establish an initial Maximum Assessment Rate to
be approved by the property owners of record. The special benefit assessments are based on the
overall operation, maintenance and servicing costs minus any costs that are considered general
benefit or not assessed as special benefit. The proposed assessments for the fiscal year
2009/2010, shall be based on the estimated net annual cost of operating, maintaining and servicing
the District improvements for that fiscal year. The proposed Maximum Assessments Rate (Rates
per Equivalent Benefit Unit) identified in the budget of this Report establishes the Maximum
Assessment Rate for the District in fiscal year 2009/2010 and shall be adjusted annually by the
Assessment Range Formula described in the method of apportionment.
Willdan Financial Services Page 2
City of Palm Desert Benefit Assessment District No. 1
Engineer's Report, Fiscal Year 2009110
Part IV
District Diagram: A Diagram showing the exterior boundaries of the District is provided in this
Report and includes a�l parcels that will receive special benefits from the services. Parcel
identification, the lines and dimensions of each lot, parcel and subdivision of land within the District,
are inclusive of all parcels as shown on the Riverside County Assessor's Parcel Maps as they
existed at the time of the passage of the Resolution of Intention, and shall include all subsequent
subdivisions, lot line adjustments or parcel changes therein. Reference is hereby made to the
Riverside County Assessor's maps for a detailed description of the lines and dimensions of each
lot and parcel of land within the District.
Part V
Assessment Roll: A listing of the proposed assessment amount to be applied to each parcel
within the District for the fiscal year 2009/2010. The proposed assessment amount for each parcel
is based on the parcel's proportional special benefit as outlined in the method of apportionment
and the proposed initial Maximum Assessment Rates.
PART I — PLANS AND SPECIFICATIONS
A. Benefiting Properties within the District
The territory within the District consists of all lots, parcels and subdivisions of land within the
subdivision known as Monterey 170 and the proposed subdivision known as Section 29, which
encompasses an area of land totaling approximately four hundred sixty acres (460 acres).
The subdivisions are generally located:
North of Gerald Ford;
Southwest of Interstate 10;
West of the Portola Avenue; and,
East of Monterey Avenue.
B. Funding authorized by the 1982 Act
As generally defined by the Benefit Assessment Act of 1982 and applicable to this District, the City
may impose a benefit assessment to finance the maintenance, operation and servicing costs
associated with the drainage basin described below.
Willdan Financial Services Page 3
City of Palm Desert Benefit Assessment District No. 1
Engineer's Report, Fiscal Year 2009/10
C. Description of Services
The purpose of this District is to fund the activities necessary to operate, maintain and service the
drainage basin constructed in a portion of Section 29, Township 4 South, Range 6 East SBM and
to be enlarged in connection with current and new development of properties. The maintenance,
operation and servicing of these improvements may include but are not limited to all materials,
equipment, labor, and incidental expenses deemed necessary to keep the drainage basin in
satisfactory condition. The maintenance of the improvements and related activities shall be funded
entirely through the District assessments. The District services are generally described as:
• Drainage basin maintenance that may include but is not limited to inspection, repair,
removal and replacement, and servicing of drainage basins, inlets, catch basins,
manholes, outlets, drywells, pumps, filters and storm drain pipes installed in connection
with the development of benefiting properties as well as any off-site improvements and
facilities directly associated with the aforementioned infrastructure that is deemed
necessary to service or protect the properties;
• All appurtenant, equipment, materials and service contracts related to the operation,
maintenance and servicing of the aforementioned improvements and facilities;
� Detailed maps and descriptions of the location and extent of the specific improvements to
be maintained by the District are on file in the Office of Public Works and by reference are
made part of this Report. The annual cost to provide the services determined to be of
special benefit shall be allocated to each property in proportion to the special benefits
received from those various services.
Drainage Basin Maintenance
The drainage basin maintenance may include, but is not limited to: grading of access perimeter
roads, repair of erosion of slopes to access roads, debris clearance, anchor mat repairs, dust
control through the application of soil stabilization agents, weed abatement, mosquito and vector
control, storm drain inlets and outlets, pumps, filters and pipes. The annual assessments for this
District are intended to support the drainage basin and the maintenance program that will
adequately regulate and control storm water runoff resulting from current and proposed
development within the District. This maintenance program may include but is not limited to:
inspection and documentation of the system; cleaning, servicing or repair of the facilities and
equipment; and the partial removal, replacement or rehabilitation of equipment and facilities. The
tlrainage basin will cover an area of approximately 4 acres. The Public Works Department shall
authorize and schedule all operational activities and maintenance of the drainage basin.
A portion of the services described above might not be performed on an annual basis but rather as
a result of an extraordinary event, such as replacement of the anchor mats and other major facility
repairs, and the funds necessary for these activities are collected as part of the annual
assessments. The monies collected each year for these extraordinary services shall be
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City of Palm Desert Benefit Assessment District No. 1
Engineer's Report, Fiscal Year 2009110
accumulated in a special fund of the District (Reserve Fund). The monies accumulated for these
activities shall be spent as needed to perform the services deemed necessary by the City. This
process of providing a reserve shall continue until such time the District is dissolved; or the City
determines that such funding procedures require modification. Changes in the process of providing
a reserve that would result in an increase to the annual assessment rate must be presentetl to the
property owners for approval prior to imposing such an increase.
PART II — METHOD OF APPORTIONMENT
A. General
The 1982 Act permits the establishment of assessment districts by agencies for the purpose of
providing for the maintenance, operation and servicing of drainage and flood control improvements
as well as streets, roads and appurtenant facilities. The 1982 Act further requires that the cost of
these improvements be levietl according to benefit rather than assessed value:
"The amount of the assessment imposed on any parcel of property shall be related to the benefit to
the parcel which will be derived from the provision of the service".
Furthermore:
"The annual aggregate amount of the assessment shall not exceed the estimated annual cosf of
providing the service, except that the legislafive body may, by resolution, determine that the
esfimated cosf of work authorized ... is greater than can be conveniently raised from a single
annual assessment and order thaf the estimated cost shall be raised by an assessment levied and
collected in installmenfs.... The revenue derived from the assessment shall not be used to pay the
cost of any service other than the service for which the assessment was levied.
The method of apportionment described in this Report for allocation of speciai benefit assessments
utilizes commonly accepted engineering practices and is in compliance with the provisions of the
1982 Act and the California Constitution. The formulas used for calculating assessments reflects
the composition of parcels within the District and the improvements and services provided, to fairly
apportion the costs based on the special benefits to each parcel.
B. Benefit Analysis
Each of the proposed services, and the associated costs and assessments have been carefully
reviewed, identified and allocated based on special benefit pursuant to the provisions of the 1982
Act and the California Constitution. The drainage basin improvements associated with this District
are necessary and essential requirements for existing development, and the orderly development
of future properties within the District to their full potential, consistent with the conditions for
development of the properties, protection of downstream properties which would be negatively
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City of Palm Desert Benefit Assessment District No. 1
Engineer's Report, Fiscal Year 2009110
affected by increased storm runoff from the developed properties without the basin, and the
applicable portions of the City General Plan. As such, the ongoing operation, servicing and
maintenance of those improvements woultl otherwise be the direct financial obligation of each
individual property owner. Since the existing parcels and proposed new development to be
assessed are directly served by the drainage basin, each parcel has a direct investment in the
proper maintenance of the various improvements that is over and above any general benefits that
may be conferred by such improvements and services.
The construction and installation of these improvements are oniy necessary for the properties
within the District. As such, these improvements were not required nor necessarily desired by any
properties or developments outside the District boundary and any public access or use of the
improvements by others is incidental. Therefore, it has been determined that the ongoing
maintenance, servicing and operation of the District improvements provide no measurable general
benefit to properties outside the District or to the public at large, but clearly provide distinct and
special benefits to properties within the District.
C. Assessment Methodology
All costs associated with the services shal► be fairly distributed among the parcels based upon the
special benefit received by each parcel. Additionally, in compliance with the California Constitution
Article XIIID Section 4, each parcel's assessment may not exceed the reasonable cost of the
proportional special benefit conferred to that parcel. The benefit formula used to determine the
assessment obligation is therefore based upon both the services that benefit the parcels within the
District as well as the gross acreage of each property as compared to other parcels that benefit
from those services.
The method of apportionment established for this District and described herein, reflects the
proportional special benefit each property receives from the services based on the gross acreage
of that parcel as compared to the total gross acreage of all properties within the District except
those that retain runoff on-site and do not receive any special benefit from those services.
Equivalent Benefit Units
In order to assess benefits equitably it is necessary to relate each property's proportional special
benefits to the special benefits of all other properties within the District. The method of
apportionment established for this tlistrict,formed under the 1982 Benefit Act, will utilize a weighted
method of apportionment known as an Equivalent Benefit Unit (EBU) methodology. This
proportional weighting may be based on several factors that may include, but are not limited to: the
type of development (land use), development-status (developed versus undeveloped), size of the
property, location of the property, development plans or restrictions, vehicular trip generation,
street frontage, densities or other property related factors. Generally for most districts the
calculation of each parcel's proportional special benefit can be reasonably determined by applying
one or more of these factors.
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City of Palm Desert Benefit Assessment District No. 1
Engineer's Report, Fiscal Year 2009110
Since the drainage basin will be constructed to retain runoff from the properties within the District
and the cost of maintenance is directly related to the size of the basin, each parcel's proportional
special benefit has been based on the parcel's gross acreage as compared to the total gross
acreage of all other parcels within the District except those that retain runoff on-site and do not
receive any special benefit from those services. Generally, storm water runoff occurs from the
entire parcel before and after development. Thus the gross size of a parcel prior to development
provides a relative comparison to the amount of runoff the parcel will contribute to the drainage
basin and thus the cost of maintenance, Therefore, it has been determined that for this District,
each parcel's proportional benefit (Equivalent Benefit Units) shall be equal to the parcel's gross
acreage before development(rounded to two decimal places).
Exempt Parcels —This land use identifies properties that are not assessed and are assignetl 0.00
EBU. This land use classification may include but is not limited to:
• Lots or parcels itlentified as public streets and other roadways (typically not assigned an
APN by the County) which are otherwise included in the gross acreage of the parcel prior
to development;
• Dedicated public easements including open space areas, utility rights-of-way, greenbelts,
parkways, parks or other publicly owned properties that are part of the District
improvements or may provide other benefits to private properties within the District;
• Private properties that cannot be developed independently from an adjacent property, such
as common areas, sliver parcels or bifurcated lots or properties with very restrictive
development use but are included in the gross acreage prior to development;
• Parcels owned by the school district, Coachella Valley Water District and private
developers that will not be assessed as part of this benefit assessment district, since the
runoff generated by these properties shall be captured and retained onsite through the
construction and grading of the sites.
These types of parcels are considered to receive little or no benefit from the improvements and are
therefore exempted from assessment, but shall be reviewed annually by the assessment engineer
to confirm the parcels' current development status. Government owned properties or public
properties are not necessarily exempt properties antl shall be subject to special benefit
assessment unless it qualifies for an exempt status. The following formula is used to calculate each
parcel's EBU (proportional benefit).
Total Budget I Total EBU (Gross Acres)=Assessment Rate per EBU
(Parcel's Acreage/Total Net Acreage)x Total EBU = Parcel's EBU
Assessment Rate per EBU x Parcel's EBU = Parcel Levy Amount
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City of Palm Desert Benefit Assessment District No. 1
Engineer's Report, Fiscal Year 2009110
For all subsequent parcel subdivisions that result in a final map of buildable residential lots, the
number of EBUs assigned to such lots shall be calculated by taking the EBU initially calculated for
the original Parcel (identified at the time of this Report) and apportioning the original assigned
EBUs equally to the new buildable residential lot(s) or by equivalent gross acreage for non-
residential lots created by a subdivision map. The corresponding assessment shall be levied
against the applicable corresponding Assessor's Parcel Number(s).
D. Assessment Range Formula
Any new or increased assessment requires certain noticing and meeting requirements by law. Prior
to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID), legislative
changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions.
These conditions included "any assessment that does not exceed an assessment formula or range
of assessments previously adopted by the agency or approved by the voters in the area where the
assessment is imposed." This definition and conditions were later confirmed through Senate Bill
919(Proposition 218 implementing legislation).
If the proposed annual assessment (levy per EBU) for the upcoming fiscal year is less than or
equal to the adjusted Maximum Assessment Rate, then the proposed annual assessment is not
considered an increased assessment.
The purpose of establishing an Assessment Range Formula is to provide for reasonable increases
and inflationary adjustment to annual assessments without requiring costly noticing and mailing.
procedures, which could add to the District costs and assessments. As part of the District
formation, the notice and assessment ballots presented to the property owners for approval,
included a maximum assessment amount for fiscal year 2007/2008 (initial maximum assessment),
identification of the corresponding Maximum Assessment Rate and a summary of the Assessment
Range Formula described herein.
The Assessment Range Formula for this District shall be applied to all future assessments and is
generally defined:
The Maximum Assessment Rate is equal to the (Initial) Maximum Assessment Rate established for
fiscal year 200712008 adjusted annually by the greater of three percent (3%) or, the annual
percentage change in the Consumer Price Index (CPI) of "All Urban Consumers" for the Los
Angeles-Orange-Riverside Area for March.
Beginning in the second fiscal year (fiscal year 200812009) and each fiscal year thereafter, the
Maximum Assessment Rate will be recalculated and a new Maximum Assessment Rate
established for the fiscal year utilizing the Assessment Range Formula described above. The
adjusted Maximum Assessment Rate shall be calculated independent of the District's annual
budget and proposed assessment. The annual percentage change in CPI shall be based on
available data provided by the U.S. Department of Labor; Bureau of Labor Statistics at the time the
annual Report is prepared. Should the Bureau of Labor Statistics revise such index or discontinue
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City of Palm Desert Benefit Assessment District No. 1
Engineer's Report, Fiscal Year 2009110
the preparation of such index, the City shall use the revised index or comparable system as
approved by the City Council for determining fluctuations in the cost of living.
Any proposed annual assessment (rate per EBU) less than or equal to the calculated (adjusted)
Maximum Assessment Rate is not considered an increased assessment, even if the proposed
assessment is greater than the assessment applied in the prior fiscal year.
To impose a new or increased assessment other than the annual inflationary adjustment provided
by the preceding Assessment Range Formula, the City must comply with the provisions of the
California Constitution Article XIIID Section 4c, that requires a public hearing and certain protest
procedures including mailed notice of the public hearing and property owner protest balloting.
Property owners, through the balloting process, must approve a proposed new or increased
assessment before such an assessment may be imposed.
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City of Palm Desert Benefit Assessment District No. 1
Engineer's Report, Fiscal Year 2009110
PART III - DISTRICT BUDGET
Direct Costs Total
Labor and Maintenance $ 77,125.83
Materials 81,912.95
Utilities 1,609.54
160,648.32
Administration
City Administration Overheatl $ 11,914.61
Professional fees for Administration 5,319.02
CountyAtlministration Fee 1,063.80
18,297.44
RESERVE FUND (8.5%of Direct Costs) 13,655.11
BALANCE TO LEVY 192,600.87
Parcels Levied 441
Total EBU's(Gross Acres) 454.35
MAXIMUM LEVY PER EBU � 423.905
LEVY PER EBU $ 423.904
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City of Palm Desert Benefit Assessment District No. 1
Engineer's Report, Fiscal Year 2009/10
PART IV- DISTRICT DIAGRAMS
The parcels within Benefit Assessment District No. 1, Parcel Map No. 24255 (Monterey 170) /
Assessment District 2004-02 (Section 29) consist of lots, parcels and subdivisions of land located
in the planned residential development known as Section 29 and Monterey 170. The District covers
approximately four hundred sixty acres(460 acres) in the City of Palm Desert.
The following District Diagram is based on the Riverside County Assessor's Maps and the
Riverside County Assessor's information and identifies all the parcels of land within the proposed
District, as the same existed at the time this Report was prepared. The combination of this map
and the Assessment Roll contained in this Report constitute the District Assessment Diagram.
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City of Palm Desert Benefit Assessment District No. 1
Engineer's Report, Fiscal Year 2009/10
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City of Palm Desert Benefit Assessment District No. 1
Engineer's Report, Fiscal Year 2009/10
PART V-ASSESSMENT ROLL
Parcel identification for each lot or parcel within the District is based on the Assessment Diagram
presented herein and is based on available parcel maps and property data from the Riverside County
Assessor's Office at the time the Engineer's Report was prepared. A listing of the proposed lots and
parcels to be assessed within this District along with the assessment amounts is provided herein
Non-assessable lots or parcels may include, but are not limited to public streets and other roadways
(typically not assigned an APN by the County); dedicated public easements,open space areas, right-of-
ways, common areas; bifurcated lots, and any other property that cannot be developed or has little or
no value. These types of parcels are considered to receive little or no benefit from the improvements
and are therefore exempted from assessment.
If any parcel submitted for collection is identified by the County Auditor-Controller to be an invalid parcel
number for the fiscal year, a corrected parcel number and/or new parcel numbers will be identified and
resubmitted to the County Auditor-Controller. The assessment amount to be levied and collected for the
resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate
described in this Report as approved by the City Council. Therefore, if a single parcel is subdivided to
multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and
applied according to the approved method of apportionment and assessment rate rather than a
proportionate share of the original assessment.
Willdan Financial Services Page 13