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HomeMy WebLinkAboutRes 2010-52 and 2010-53 FY 2010-11 Consolidated PD Landscape and Lighting Dist CITY OF PALM DESERT DEVELOPMENT SERVICES STAFF REPORT REQUEST: CONSIDERATION OF APPROVAL OF THE FINAL ENGINEER'S REPORT AND TO ORDER THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS WITHIN THE CONSOLIDATED PALM DESERT LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2010/2011 SUBMITTED BY: Ryan Stendell, Senior Management Analyst DATE: June 24, 2010 CONDITIONS: Resolution No. 2010-52 Resolution No. 2010-53 Final Engineer's Report FY 2009/2010 Recommendation Waive further reading and adopt: 1. Resolution No. 2oio-5� approving the final Engineer's Report for the Consolidated Palm Desert Landscaping and Lighting District for Fiscal Year 2010/2011. 2. Resolution No.2010-53, ordering the levy and collection of assessments within the Consolidated Palm Desert Lighting and Landscape District for Fiscal Year 2010/2011. Executive Summary The attached resolutions initiate the process to levy and collect annual assessments for the 35 existing landscape and lighting districts that make up the Consolidated Palm Desert Lighting and Landscape District (LLDs), and grant preliminary approval of the Engineer's Report. The Engineer's Report establishes the annual budgets and method of appropriation for each district for Fiscal Year 2010/2011. The City's stock of LLDs allows a 3 percent increase or CPI, whichever is less. This year we have a CPI of 1.7629 percent, which is reflected in the preliminary engineer's report. Backqround At its May 27, 2010, meeting the City Council approved the preliminary Engineer's Report, and set the public hearing date of June 24, 2010, for the LLDs. Many of these Staff Report Palm Desert Consolidated LLD FY 10/11 June 24, 2010 Page2of2 individual districts have frontage on major City arterials leaving staff responsible for maintenance in these areas. Staff has continually maintained the majority of these districts in a manner consistent with City landscape standards. The purpose of the LLDs is to fully recover all costs that the City outlays to maintain and administer these districts. However, in some cases there is a "finding of general benefit," which means any improvement and the associated costs that can be found to benefit properties outside of a district or the public at large, can be considered a "general benefit." Listed in the Fiscal Year 2010/2011 draft Engineer's Report is $75,513 in general benefit that is paid for by the City's general fund. The $75,513 amount is largely comprised (81 percent) of monies spent maintaining the Canyon Cove District (Haystack Greenbelt). The remaining 19 percent of general benefit monies are allocated to districts that have a benefit such as street lighting or landscaping that fronts on an arterial that benefits the community at large. Each year the City must initiate proceedings to levy and collect annual assessments from each district and schedule a public hearing to receive public input. An engineer's report must be prepared detailing the proposed budget for each district and the method of appropriation. The attached Engineer's Report includes a budget for each district, and Table 1 summarizes each district's levy. Staff recommends that the City Council take public testimony, and approve the Final Engineer's Report, ordering the levy and collection of assessments for Fiscal Year 2010/2011. Fiscal Analysis The assessment and collection of the levy amount funds the on-going maintenance of the LLDs and associated staff costs relieving the City from any fin cial burden. Submitted By: Departm nt � : Ryan Stendell Mark Greenw od, P.E. Senior Management Analyst Director of Public Works CITY COVNCILAG�ON APPROVED DENtElf ,�,�.�.,...,,.,,. Paul S. Gibson, Director of Finance R �CE����,��_< ,� ��,� OTHER .���,........ ' MEET G DATE � Approv I: AyE5: =��1'7 �2� . , �c�ria � ��c i (��- � NOES: � � ABSENI: �� Jo . Wohlmuth, City Manager ABSTAIN: VERIFIED BY: � � Ori�inat on File wtth Ci erk's Office RESOLUTION NO. 2010-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ANDIOR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT FOR THE CONSOLIDATED PALM DESERT LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR 2010/2011 The City Council of the City of Palm Desert (hereafter referred to as the "City Council") does resolve as follows: WHEREAS, The City Council, pursuant to the provisions of Pa►t 2 of Division 15 of the California Sfreets and Highways Code, did by previous Resolution order the Engineer, Willdan Financial Services, to prepare and file a report in accordance with Article 4 of Chapter 1 of Part 2 of Division 15 of the California Streefs and Highways Code, commencing with Section 22565, in connection with the proposed levy and collection of assessments for the Consolidated Palm Desert Landscaping and Lighting District (hereafter referred to as the"District")for the fiscal year commencing July 1, 2010 and ending June 30, 2011; and, WHEREAS, The Engineer has prepared and filetl with the City Clerk of the City of Palm Desert and the City Clerk has presented to the City Council such report entitled "Engineer's Annual Levy Report, Consolidated Palm Desert Landscaping and Lighting District, Fiscal Year 2010/2011" (hereafter referred to as the"Report"); and, WHEREAS, The City Council has carefully examined and reviewed the Report as presented, and is satisfied with each of the items and documents as set forth therein, and finds that the levy of assessments have been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed, as set forth in said Report. NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT,AS FOLLOWS: Section 1 The above recitals are true and correct. Section 2 The Report as presented, consists of the following: a) A Description of the District and Improvements. b) The Annual Budget (Costs and Expenses of Services, Operations and Maintenance). c) A Description of the Method of Apportionment resulting in an Assessment Rate per Levy Unit for each Zone within said District for Fiscal Year 2010/2011, Section 3 The Report as presented, is hereby approved (as presented or amended as applicable), and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. Resolution No. 2010-52 Section 4 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 final approval of the Report. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this day of , 2010. AYES: NOES: ABSENT: ABSTAINED: Cindy Finerty, Mayor ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California 2 RESOLUTION NO. 2010-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE CONSOLIDATED PALM DESERT LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR 2010/2011 The City Council of the City of Palm Desert (hereafter referred to as the "City Council") does resolve as follows: WHEREAS, The City Council has by previous Resolutions initiated proceedings and declared its intention to levy special benefit assessments against parcels of land within the Consolidated Palm Desert Landscaping and Lighting District(hereafter referred to as the"District")for the fiscal year commencing July 1, 2010 and ending June 30, 2011; pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the "Act") to pay the costs and expenses of operating, maintaining and servicing landscaping, lighting and appurtenant facilities located within the District; and, WHEREAS, The Engineer selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council an Engineer's Annual Levy Report (hereafter referred to as the "Report") in connection with the proposed levy and collection of special benefit assessments upon eligible parcels of land within the District, and the City Council did by previous Resolution approve such Report; and, WHEREAS, The City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2010 and ending June 30, 2011, to pay the costs and expenses of operating, maintaining and servicing landscaping and street lighting improvements and appurtenant facilities located within the District, and for which assessed properties receive special benefit. 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 Annual Levy 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 Based upon its review (and amendments, as applicable) of the Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that: a) The land within the District will receive special benefit by the operation, maintenance antl servicing of landscaping, lighting, and appurtenant facilities within the boundaries of District. b) District includes all of the lands receiving such special benefit. Resolution No. 2010-53 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, 2010 and ending June 30, 2011. Section 3 The Report and assessment as presented to the City Council and on file in the office of the City Clerk comply with the applicable provisions of the California State Constitution Article XIIID and are hereby confirmed as filed. Section 4 The maintenance, operation and servicing of the improvements and appurtenant facilities shall be performed pursuant to the Act. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as the installation, maintenance, operation, administration and servicing of the landscaping and lighting improvements including turf, ground cover, shrubs and trees, irrigation systems, street lighting, water features, ornamental lighting, entry monuments, drainage systems and all appurtenant facilities related thereto. Section 5 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 Chapter 4, Article 2, Section 22646 of the Act.After collection by the County, the net amount of the levy shall be paid to the City Treasurer. Section 6 The City Treasurer shall deposit all money representing assessments collected by the County for the District to the credit of a funtl for the Consolidated Palm Desert Landscaping and Lighting District, and such money shall be expended only for the maintenance, operation and servicing of the landscaping, lighting and appurtenant facilities as described in Section 4. Section 7 The adoption of this Resolution constitutes the District levy for the fiscal year commencing July 1, 2010 and ending June 30, 2011. Section 8 The City Clerk, or their designate, is hereby authorized and directed to file the tevy with the County Auditor upon adoption of this Resolution. 2 Resolution No. 2010-53 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this d ay of , 2010. AYES: NOES: ABSENT: ABSTAINED: Cindy Finerty, Mayor City of Palm Desert, California ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California 3 ENGINEER'S REPORT aFFIDAVIT Establishment of Annual Assessments for the: Consolidated Palm Desert Landscaping and Lighting District Gity of Palm Desert, County of Riverside, State of California This Report identifies the parcels within the District and the relevant zones therein, as they existed at the time of 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. Datetl this z � �~ day of �� _, 2010. Willdan Financial Services Assessment Engineer On Behalf of the City of Palm Desert By: � l/4�Y��--��_ Adina Vazquez, Senior Project Manager District Administration Services . �9QP°��ss�°r�'� B � �Q,Pa �' KD�o����y Y� � Richard Kopecky c� �' � R' R.C.E. # 16742 � � C 16742 -� � � IXP� �, �'� CIV1�- �Q` 9�.F o� e A``�aQ, TABLE OF CONTENTS I. OVERVIEW.....................................................................................................................................1 A. Introduction..........................................................................................................................1 B. Compliance with the Current Legislation..........................................................................2 C. General Description of the District and Services..............................................................2 II. SPECIFIC IMPROVEMENTS AND SPECIAL BENEFIT ZONES...................................................5 III. METHOD OF APPORTIONMENT................................................................................................16 A. General...............................................................................................................................16 B. Benefit Analysis.................................................................................................................16 C. Assessment Methodology................................................................................................18 D. Assessment Range Formula.............................................................................................19 IV. DISTRICT BUDGETS..............................................................................................................21 A. Description of Budget Items.............................................................................................21 B. District Budgets.................................................................................................................24 APPENDIX A—DISTRICT BOUNDARY MAPS.................................................................................26 APPENDIX B—2010/2011 ASSESSMENT ROLL..............................................................................30 Consolidated Palm Desert Lantlscaping and Lighting Maintenance Assessment District Engineer's Report Fiscal Year 2010/2011 I. Overview A. Introduction The City of Palm Desert (hereafter referretl to as "City") annually levies and collects special assessments in order to provide and maintain improvements within the Consolidated Palm Desert Landscaping and Lighting Maintenance Assessment District (hereafter referred to as the "DistricY'). The District was formed in 1993, through the consolidation of several individual landscaping and lighting maintenance districts that previously existed within the City. The original districts antl subsequent annexations of various territories and developments to the Consolidated District are identified as separate Zones andlor Sub-zones (hereafter referretl to jointly as "Zones"). The District and the Zones therein have been established and are levietl annual assessments pursuant to the Landscaping and Lighting Act of >972, Part 2 of Division 15 of the California St�eets and Highways Code(hereafter referred to as the"1972 Act"). This Engineer's Annual Levy Report (hereafter referred to as the "Report") describes the District and improvements, any proposed changes to the District or improvements and the proposetl budgets and assessments for Fiscal Year 2010/2011. The proposed assessments are based on the City's estimatetl cost to maintain the improvements that provide special benefit to properties within the District. The various improvements within the District and the costs of those improvements are identified and budgeted separately for each Zone, including the expentlitures, deficits, surpluses, revenues, and reserves. The word "parcel,"for the purposes of this Report, refers to an individual property assigned its own Assessment Number by the Riversitle County Assessor's Office. The Riverside County AuditorlController uses Assessment Numbers and specific Fund Numbers, to identify on the tax roll, properties assessed for special district benefit assessments. Each parcel within a Zone is assessed proportionately for only those improvements provided in that Zone from which the parcel receives special benefit. At a noticed Public Hearing, the City Council will consider all testimony and written comments presented and may direct any necessary modifications to the Report and approve the Report as submitted or amended. Following approval of the Report, the City Council by resolution, shall order the improvements to be made, and confirm the levy antl collection of assessments pursuant to the 1972 Act. The assessment rates and method of apportionment described in this Report as approved by the City Council defines the assessments to be applied to each parcel within the District for Fiscal Year 2010/2011, The assessments as approved will be submittetl to the Riverside County Auditor/Controller to be included on the property tax roll for each parcel for the fiscal year. Willdan Financial Services Page 1 Consolidated Paim Desert Landscaping and Lighting Maintenance Assessment District Engineer's Report Fiscal Year 2010I2011 B. Compliance with the Current Legislation The City Council annually conducts a public hearing to accept public comments antl testimony, to review the Report and adopt the annual assessments to be levied on the County tax roll for the fiscal year. The assessments described in this Report and subsequently approved by the City Council have been prepared in accordance with the 1972 Act and in compliance with the provisions of the California Constitution, A�tic%Xll/D(hereafter referred to as the "Article XIIID"), which was enacted by the passage of Proposition 218 in November 1996. In compliance with the provisions of Article XIIID, in Fiscal Year 1997/1998, the City conducted property owner ballot proceedings for the special benefit assessments applicable to each of the existing Zones within the District. At that time, the assessments presented to property owners included the assessment range formula previously establishetl for the District antl describetl in this Report. Upon tabulation of the ballots returned, it was determined that majority protest did not exist and the City Council approved and adopted the assessments and assessment range formula balloted and approved by the property owners. Similar proceedings have been conducted for all new or increased assessments including any annexations to the District. C. General Description of the District and Services The City annually levies and collects assessments in ortler to maintain and service various improvements within the District. For Fiscal Year 2010/2011, the District is comprised of thirty-three (33)separate benefit Zones, each funding specific improvements and services. The District provides for the maintenance and operation of local landscaping and lighting improvements and associated appurtenances located within the public right-of-ways and tletlicatetl lantlscape easements. The improvements and the annual costs of those improvements are identified and budgetetl separately for each Zone, including the expenditures, deficits, surpluses, revenues, and reserves. The improvements provided and for which parcels are levied special benefit assessments within the District can be categorized as three (3) improvement types. 1. Local street lighting (residential street lighting associated with the properties within the Zone and specific subdivisions). 2. Local landscaping improvements including parkways, perimeters, entryways, local medians, and internal landscaped amenities. 3. Special Zone services including tree trimming, graffiti and weed abatement antl lantlscape maintenance of flood control areas(retention and detention basins). The costs associated with the improvements authorized by the provisions of the 1972 Act are equitably spread among the benefiting parcels in proportion to the special benefit they receive. Only parcels that receive special benefits from the improvements are assessed, and each Zone consists of parcels that benefit from those specific improvements. Willdan Financial Services Page 2 Consolidated Palm Desert Landscaping and Lighting Maintenance Assessment District Engineer's Report Fiscai Year 2010/2011 Landscape improvements maintained by the District and associated with each Zone were either installed as a condition of development or were installed for the benefit of the properties assessed. The landscape improvements associated with each Zone may include, but are not limited to: open space areas; medians; parkways; slopes; retention or detention basin areas; antl public right-of- ways or easements that provide special benefits to the parcels. These improvements may include, but are not limited to: turf, ground cover, shrubs and trees, irrigation systems, decorative lighting, water features, entry monuments, drainage systems, hardscapes and associated appurtenances. Similar to landscape improvements, street lighting improvements funded through District assessments were installed for the benefit of properties within each of the Zones antl the assessments provide for the maintenance, operation and energy costs related to those street light improvements, Willdan Financial Services Page 3 Consolidated Palm Desert Landscaping and Lighting Maintenance Assessment District Engineer's Report Fiscal Year 201012011 The following table lists the Zones and Sub-zones within the District and a summary of the parcels for Fiscal Year 2010/2011. BENEFIT ZONES Assessable Zone Number Zone Name Total Parcels Parcels Total EBU Zone#2 Can on Cove 225 222 222.00 Zone#3 Vine ards 147 132 133.20 Zone#4 Parkview Estates 175 172 172.00 Zone#5 Cook&Country Club: Sub-Zone#5 DM Desert Mirage 29 29 29.00 Sub-Zone#5 SC Sandcastles 41 41 41.00 Sub-Zone#5 PR Primrose 2 37 37 37.00 Zone#6 Hovley Lane: Sub-Zone#6 MM Monterey Meadows 40 40 40.00 Sub-Zone#6 HG The Glen 16 16 16.00 Sub-Zone#6 HE Hovley Estates 17 16 16.00 Sub-Zone#6 S1 Sonata I 16 16 16.00 Sub-Zone#6 S2 Sonata II 94 94 94.00 Sub-Zone#6 HC Hovley Collection 38 38 38.00 Sub-Zone#6 L1 La Paloma I 17 16 16.00 Sub-Zone#6 L2 La Paloma II 19 16 16.00 Sub-Zone#6 L3 La Paloma III 17 15 15.00 Sub-Zone#6 SP Sandpiper Court 19 16 16.00 Sub-Zone#6 SW Sandpiper West 19 16 16.00 Sub-Zone#6 HW Hovley Court West 18 16 16.00 Sub-Zone#6 DB Diamondback 20 20 20.00 Sub-Zone#6 PC Palm Court 20 20 20.00 Zone#7 Warin Court 16 16 16.00 Zone#8 Palm Gate 37 37 37.00 Zone#9 The Grove 105 105 105.00 Zone#11 Portola Place 23 23 23.00 Zone#13 Palm Desert Count Club 1,864 1,818 2,327.33 Zone#14 K&B at Palm Desert 165 163 163.00 Zone#15 Can on Crest 71 67 67.00 Zone#16 Shepard Lane: Sub-Zone#16 CV College View Estates II 32 32 32.00 Sub-Zone#16 SD Sundance West 36 32 32.00 Sub-Zone#16 CV1 College View Estates I 32 32 32.00 Sub-Zone#16 P1 Petunia l 32 32 32.00 Sub-Zone#16 SE Sundance East 14 14 14.00 Sub-Zone#16 BD The Boulders 16 16 16.00 Total District 3,467 3,375 3,885.53 Willdan Financial Services Page 4 Consolidatetl Palm Desert Landscaping antl Lighting Maintenance Assessment District Engineer's Report Fiscal Year 2010I2011 II. SPECIFIC IMPROVEMENTS AND SPECIAL BENEFIT ZONES The boundaries of each Zone, the location of improvements and special benefit received by the properties and property owners within each Zone are describetl in this section of the Report. In any given fiscal year, City staff will determine the scope of work for each Zone as assessment revenues allow, Any necessary reductions in the scope of work will likely include, but are not limited to; the frequency of mowing and edging turf areas; the application of fertilizers and aeration of turf; trimming and pruning of shrubs, trees and ground cover; trash pick-up in landscaping areas; and weed and litter control. The allocation of special benefit and general benefit of the improvements provided within the District are summarized in the Method of Apportionment section of this Report and are itlentified in the budget for each Zone. A description of the District improvements antl the level of annual service each Zone will receive are provided in the following: Zone#2 (Canyon Cove): Zone #2 inclutles Tracts 11636-1, 2, 3, & 4 and Tract 23485, generally located South of Deep Canyon Tennis Club, North of Haystack Road, West of Marrakesh Country Club, and East of Highway 74. The streets within the Zone inclutle Ambrosia Street, Sweetbrush Lane, Deer Grass Drive, Lotus Court, Calliandra Street, Aber Street and Alamo Drive. These parcels benefit from the maintenance and operation of street lighting encompassing the streets within the Zone, the landscaped parkway along the East side of Highway 74 and the landscaped areas on the North side of Haystack Road, adjacent to the above mentionetl tracts and installetl as part of these residential developments. The interior local street lighting has been identifietl and allocated as 100% special benefit with no general benefit allocation. The parkway landscaping along Highway 74 has been identified as 100% special benefit to the parcels within the Zone. However, it has been determined that the lantlscaped median on Haystack Road (although installed as part of the development) not only provides a special benefit to properties within Canyon Cove, but also provides a general benefit. The proportionate general benefit of this improvement has been identified and eliminated from the Zone assessments. Although there is a general benefit component, the majority (83%) of the median lantlscaping on Haystack Road is a flood control channel and was required for development of the homes within Canyon Cove. Therefore, pursuant to Article XIIID Section 5a (assessments used to fund flood control and drainage systems) the majority of the costs for this landscaped area could be considered exempt. However, in recognition of the general benefit this improvement area provides and the previous assessments applied to properties within the Zone, it was determined that the City would fund a large portion of the costs associatetl with this lantlscaped metlian area. Refer to the budget section of this Report for details on the allocation of benefit and relatetl assessments. Willdan Financial Sen�ices Page 5 Consolidated Palm Desert Landscaping and Lighting Maintenance Assessment District Engineer's Report Fiscal Year 2010I2011 Zone#3(Vineyards): Zone #3 consists of the parcels in Tracts 12181-1 and 12181-2 on the West side of Portola Avenue. The streets within the Zone include Martini Court, Heitz Court, Mondavi Court, Callaway Court, Stony Hill Court, Masson Street, Krug Avenue, Sebastian Way, and San Pasqual AvenuelRutledge Way. These parcels receive special benefits from the operation and maintenance of street lighting improvements within the Zone boundaries and the landscaped area along the West side of Portola Avenue, from the northern boundary to the southern boundary of the two tracts. Both the street lighting and landscape improvements identified for this Zone were installed as part of the residential development antl the ongoing maintenance and operation of these improvements provide special benefits to properties within the Zone. It has further been determined that these improvements were installetl antl are maintained solely for the benefit of properties within the Zone antl the improvements provide no measurable benefit to properties outside the Zone. Any benefit conveyed to other properties or to the public at large (general benefit) is incidental. Therefore, both the interior tract street lighting and the parkway(perimeter) landscaping costs have been itlentifietl and apportioned 100% as a special benefit to the parcels within the Zone. Zone#4(Parkview Estates): Zone#4 consists of the parcels in Tract 8237, South of Magnesia Falls Drive, North of Fred Waring Drive, West of Deep Canyon Road, and East of Portola Avenue. These parcels receive special benefits from the operation and maintenance of street lighting along Primrose Drive, Desert Star Boulevard, Vantla Circle, Palmilla Circle, Myrsine Avenue, Gazania Place, Rutletlge Avenue, Buttonwood Drive, Silktree Lane, Santolina Drive, Balsam Lane, and Erin Street. The street lighting improvements were installed as part of the resitlential development and are considered a special benefit to the properties within the development (i.e., Zone). The ongoing operation and maintenance of interior residential street lighting provides no measurable general benefit to properties outside the Zone or to the public at large. To the extent that some streetlights associated with the Zone are located on the perimeter of the residential development and provides direct illumination to parcels outside the Zone, a portion of the maintenance costs has been identified as a general benefit. This Zone has twenty interior streetlights and five perimeter streetlights resulting in an allocation of the Zone costs as 90% special benefit and 10% general benefit. Zone#5(Cook and Country Club): Zone #5 consists of three (3) separate residential subdivisions identified as Sub-zones. These three Sub-zones are known and identified as the Desert Mirage (Tract 25639), Sandcastles (Tract 21338-1), and Primrose 2 (Tract 25436). Each of these Sub-zones has specific local improvements maintained by the District that were installed as part of these residential developments. These three subtlivisions were originally part of a larger Zone known as Cook and Country Club and were proportionately assessed for median landscaping in the area as well as their local (tract Willdan Financial Services Page 6 Consolitlated Palm Desert Lantlscaping and Lighting Maintenance Assessment District Engineer's Report Fiscal Year 2010/2011 specific) improvements. In fiscal year 199711998 it was tletermined that the median landscaping in the Cook and Country Club area was largely a general benefit and this portion of the assessment was eliminated. However, it was determined that the parcels within these three (3) Sub-zones receive special benefit from tract specific improvements maintained by the District, and each parcel within the respective Sub-zones should continue to be assessed proportionately for the cost of services associated with those local improvements. Upon review of the specific street lighting improvements associated with each of these Sub-zones, the street lighting facilities have been identified as interior tract streetlights. These streetlights provide little or no direct illumination to parcels outside the Sub-zones and therefore the costs of maintaining these improvements are allocated as 100% special benefit with no general benefit. Upon review, it has been determined that 15% of the improvements within the Desert Mirage Sub- Zone are of a general benefit to those properties outsitle of the Sub-zone. Therefore, this percentage of the costs of maintaining the Sub-zone has been removed from the assessment and must be funded from other sources. The property owners in Sub-zone known as Desert Mirage were balloted in Fiscal Year 2004I2005 for an increase in their maximum assessment rates. The proposed levy increase would fund new maintenance costs required after the City of Palm Desert renovated the improvements with water efficient landscaping and irrigation systems. Majority protest tlid not exist, therefore the City will move forward with the plans to renovate the improvements in the Desert Mirage Sub-zone. Refer to the budget for Zone 5 in Section IV of this Report for specifics regarding the proposed assessment for the current fiscal year and the maximum assessment. Zone#6(Hovley Lane): Parcels within this Zone are locatetl generally East of Monterey Avenue and West of Portola Avenue and includes parcels and tracts along Hovley Lane West. Zone 6 includes the following subdivisions and Sub-zones: • Monterey Meadows (Tracts 21791 and • La Paloma 2(Tract 24773) 22741) • La Paloma 3(Tract 29045) • The Glen(Tract 25217) • Sandpiper Court(Tract 27370) • Hovley Estates(Tract 24591) • Hovley Court West(Tract 29585) • Sonata 1 (Tract 23982) • Sandpiper West(Tract 29579) • Sonata II (Tracts 24254-1, 2, 3) • Diamontlback Road (Tract 29893) • Hovley Collection (Tract 24603) • Paim Court(Tract 25373) • La Paloma 1 (Tract 24773-1) The parcels within each of the fourteen (14) Sub-zones of Zone 6 (Hovley Lane) receive benefit from various improvements that were installed as part of the separate residential developments and are specific to each tract and subtlivision. The assessment for each Sub-zone funds antl provides for the parkway landscaping improvements adjacent to each tract along Hovley Lane as Willdan Financial Services Page 7 Consolidated Palm Desert Landscaping and Lighting Maintenance Assessment District Engineer's Report Fiscal Year 2010/2011 well as specific in-tract improvements. The in-tract improvements may include street lighting; dry well and retention basin landscape maintenance; and landscaping of additional parkway areas. The improvements within Zone 6 include street lighting on Clover Lane, Meadow Lane, Hovley Lane West, Centennial Circle, Posada Court, Via Fontla, Sonata Court, Avenitla Arcadia, Avenida Solana, Sandpiper Court, Avenitla Rosario, Santlpiper Court West Hovley Court, Diamondback Road, and Palm Court; landscaped parkways along Hovley Lane West, Monterey Avenue, Portola Avenue antl landscaped retention basins locatetl within Hovley Estates, Hovley Collections, La Paloma 1, La Paloma 2, Sandpiper Court, and Sandpiper Court West. Upon review of the specific street lighting improvements associated with each of these Sub-zones, the street lighting facilities have been identified as tract specific streetlights. To the extent that some streetlights associated with the Glen, Sonata I antl Hovley West Sub-zones are locatetl on the perimeter of the development antl provide direct illumination to parcels outside the subdivision, a portion of the maintenance costs (15%) have been identified as a general benefit component. Therefore, the cost of maintaining the street light improvements is allocatetl as 85% speciaf benefit to properties within these Sub-zones. Similarly, it has been determined that a portion of the parkway lantlscape improvements associatetl with the Glen, Sonata I and Hovley West Sub-zones provide a general benefit to properties outside of these Sub-zones. Therefore, 15% of the costs of maintaining these landscaped areas has been removed from the assessments and will be funded from other sources. The landscape improvements associated with each of the remaining Sub-zones provide no measurable general benefit to properties outside the Zone or to the public at large, and therefore, their specific local landscaping improvements and the corresponding assessments have been identified 100% as a special benefit to parcels within the Sub-zones. The property owners in the nine (9) Sub-zones known as The Glen, Hovley Estates, Sonata I, Sonata II, La Paloma I, Sandpiper Court, Sandpiper West, Hovley West and Hovley Collection, were balloted in Fiscal Year 2004/2005 for an increase in their maximum assessment rates. In conjunction with the assessment increase, the City proposed to renovate the existing improvements with more water efficient landscaping and modifications to the irrigation system. For seven (7) of the nine (9) Sub-zones balloted, majority protest did not exist and the City will move forward with the plans to renovate the improvements in those Sub-zones. However, majority protest existed in Hovley West and Hovley Collection, and the proposed assessment increase for these two Sub-zones will not be imposed. Without the additional maintenance funding, the City will not be able to renovate the improvements for these two Sub-zones, but will continue to maintain the existing improvements at a level of service compensatory with the available assessment revenues at the existing assessment rates. Refer to the budgets for Zone 6 in Section IV of this Report for specifics regarding the proposed assessment for the current fiscal year antl the maximum assessment. In Fiscal Year 2004/2005 the Palm Court Sub-zone was annexetl to Zone 6 through property owner protest hearing proceedings. Upon conclusion of a noticed Public Hearing, it was determined that a majority protest tlitl not exist, Upon review of the specific improvements associatetl within this Sub-zone, benefit conveyed to other properties or to the public at large (general benefit) has been determined by comparison to be incidental. Therefore, the costs of the Willdan Financial Services Page 8 Consolitlated Palm Desert Landscaping and Lighting Maintenance Assessment District Engineer's Report Fiscal Year 2010/2011 on-going operation and maintenance of the improvements have been identified and apportioned 100% as a special benefit to the parcels within the Sub-zone. Zone#7 (Waring Court): Zone 7 consists of Tract 25304, North of Fred Waring Drive and East of Phyllis Jackson Lane. These parcels receive special benefit from the ongoing maintenance of landscaped parkways along Fred Waring Drive and Phyllis Jackson Lane adjacent to the tract. The improvements were installed as part of the residential development and it has been determinetl that the operation antl maintenance of the landscape improvements provide no measurable general benefit to other properties outside the Zone or to the public at large. Therefore, the local landscaping improvements associated with this Zone antl the costs of providing these improvements have been itlentified as 100% special benefit to parcels within Zone 7. Zone#8(Palm Gate): Zone 8 consists of the parcels in Tract 24287 located East of Deep Canyon Road, and North of Fred Waring Drive, on Coral Bells Circle, Daylily Circle, and Moss Rose Drive. These parcels receive benefit from the maintenance and operation of local street lighting at the entrances to the development at the corners of Deep Canyon Road and Coral Bells Circle, Daylily Circle, and Moss Rose Drive. These parcels also receive special benefit from the maintenance of the landscaped parkways adjacent to the development on Deep Canyon Road. Both the street lighting and landscape improvements identified for this Zone were installed as part of the residential development and the ongoing maintenance and operation of these improvements provide special benefit to properties within the Zone. It has been determinetl that these improvements were installetl and are maintained solely for the benefit of properties within the Zone and provide no measurable benefit to properties outside the Zone or to the public at large. Therefore, both the interior tract street lighting and the parkway(perimeter) landscaping costs have been identifietl antl apportioned 100% as a special benefit to the parcels within the Zone. In conjunction with a proposed renovation and upgrade of the existing lantlscape improvements the property owners in Zone 8 were ballotetl in Fiscal Year 2004I2005 for an increase in their maximum assessment rates. Majority protest existed antl the maximum assessment rate will not be increased over the amount previously approvetl for the Zone. Since the assessment increase was not approved the City will not move forward with the proposed renovations, but will continue to maintain the existing improvements at a level of service compensatory with the available assessment revenues. Refer to the butlget for Zone 8 in Section IV of this Report for specifics regartling the proposed assessment for the current fiscal year and the maximum assessment. Zone#9 (The Grove): Zone 9 consists of the parcels in Tract 24984 South of Goleta Avenue and West of Deep Canyon Road. Willdan Financial Services Page 9 Consolidated Palm Desert Landscaping and Lighting Maintenance Assessment District Engineer's Report Fiscal Year 2010/2011 These parcels receive special benefits from the improvements and maintenance of street lighting at the entrance to the development at the corner of Deep Canyon Road and Royal Canyon Lane as well as interior street lighting on Kings Canyon Lane, Indian Canyon Lane, Hazel Canyon Lane, antl Royal Canyon Lane. These parcels also receive special benefits from the improvements and maintenance of parkway landscaping adjacent to the tract on Deep Canyon Road, antl interior landscaping, including an entryway median, parkway landscaping and palm tree trimming within the public right-of-ways on Royal Canyon Lane that were installed as part of the residential tract development. Both the street lighting antl landscape improvements itlentified for this Zone were installed as part of the residential tract development and the ongoing maintenance and operation of these improvements provide special benefit to properties within the Zone. It has further been determined that these improvements were installed antl are maintained solely for the benefit of properties within the Zone and the improvements provide no measurable benefit to properties outside the Zone or to the public at large. Therefore, both the tract street lighting and the landscaping costs (parkways and interior landscaping) have been identified and apportioned 100% as a special benefit to the parcels within the Zone. As part of the overall lantlscaping costs for this Zone, specializetl maintenance (palm tree trimming) is budgeted separately as this service is not coveretl untler the regular maintenance contract the City has with its landscape contractor. However, like other landscape maintenance within the Zone this service benefits only the properties within the Zone and has been itlentifietl as 100% special benefit. Zone#11 (Portola Place): Zone 11 is generally located South of Santa Rosa Way and East of Portola Avenue and consists of the parcels in Tract 27692. These parcels receive special benefits from the servicing and maintenance of the landscaped parkways adjacent to the tract on Portola Avenue and Santa Rosa Way, and interior tract landscaping on Olive Court installed as part of the residential development. The tleveloper (D & F Development) was conditioned to form the necessary District Zone for the public improvements that would be installed as part of subdivision tract 27692. In a letter to the City dated April 4, 1994, the developer (sole owner of the property at that time) requested inclusion of the parcels within the tract into the District and to be assessed annually for the cost of maintaining the improvements. This letter constitutes a 100% landowner petition pursuant to Article XIIID antl supports a position that the assessments imposed prior to July 1, 1997 were exempt from the requirements of Article XIID. Although the assessments for these improvements were itlentified as exempt in fiscal Year 199711998 antl not subject to the procedural requirements of a protest balloting procedure, the improvements and the related assessments for this Zone were itlentifietl as 100% special benefit. It has been determined that the ongoing operation and maintenance of the improvements provide no measurable general benefit to other properties outside the Zone or to the public at large. Therefore, Willdan Financial Services Page 10 Consolidated Palm Desert Landscaping and Lighting Maintenance Assessment District Engineer's Report Fiscal Year 2010/2011 these improvements, the corresponding assessments and the annual inflationary adjustment previously approved by landowner petition are in compliance with the substantive requirements of the proposition. However, any future increases to the assessments will require property owner ballot proceedings. Zone#13(Palm Desert Country Club): Zone 13 is located generally South of Hovley Lane East, North of Fred Waring Drive, West of Warner Trail, antl West of Washington and is commonly referretl to as the Palm Desert Country Club area. The parcels within this Zone receive special benefits from the servicing and maintenance of entryway landscaping on State Street and Washington Avenue, parkway lantlscaping along Fred Waring Drive and local residential street lighting within the Zone. Parcels within Zone 13 were annexed into the City in Fiscal Year 1994/95. Prior to City annexation the local improvements within this Zone were assessed and collected by the County through a County Service Area (CSA). When the properties were annexed to the City, the City established this territory as Zone 13 within the District and the CSA fund balance was transferred to the Zone 13 account. For the first two years, the City used the fund balance to fully cover the annual cost of providing the improvements. In Fiscal Year 1996/1997 the remaining fund balance was tlesignated as reserves antl the District levied its first annual assessment for the Zone. Because the reserve fund balance was greater than the amount typically held in reserves, the City Council determinetl that a portion of the reserves would be used each year to offset the annual expenditures thereby allowing the annual assessments to remain fairly constant and also gratlually reduce the reserve fund to normal levels. In Fiscal Year 1997/1998, in compliance with Article XIIID, a property owner ballot proceeding was conducted to approve the existing annual assessment. At that time, the property owners approved the proposed assessment amount plus an annual inflation adjustment. The assessment amount approved by the property owners was based on the continued policy of utilizing reserve fund contributions to offset the actual expenses for the Zone. In Fiscal Year 1999I2000, property owners within Zone 13 were re-ballotetl for an increased assessment to cover the maintenance costs associatetl with the new landscaping improvements to be installed on Fretl Waring Drive. Property owners were balloted for an amount sufficient to cover the actual Zone expenses, although a portion of the existing reserves continuetl to be used to retluce the annual assessments. Refer to the budget for Zone 13 in Section IV of this Report for specifics regarding the proposed assessment for the current fiscal year and the maximum assessment. The street lighting and landscape improvements assessed within this Zone clearly provitle special benefits to properties within the Zone. It has been determined that the improvements were installed and are maintainetl solely for the benefit of properties within the Zone and the improvements provide no measurable benefit to properties outside the Zone or to the public at large. Therefore, both the street lighting and the landscaping costs (parkways and interior landscaping) have been identified and apportionetl 100% as a special benefit to parcels within the Zone. Willdan Financial Services Page 11 Consolidatetl Palm Desert Landscaping and Lighting Maintenance Assessment District Engineer's Report Fiscal Year 2010I2011 Zone#14(K 8� B at Palm Desert): Zone 14 is located generally North of Frank Sinatra Drive, West of Portola Avenue, East of Monterey Avenue and South of Gerald Ford Drive. The Zone includes the parcels in Tracts 28258 antl 28258-1. The properties within the boundaries of Zone 14 benefit from street lighting within the development located on Drexell Drive, Heatherwood Drive, Emerson Drive antl Jamerson Road, and Colebridge Street, as well as landscaping associated with the retention basin area located on Heatherwood Drive and tlry well areas within the subdivisions installed by the developer as part of the residential development. In conjunction with a proposed renovation and upgrade of the existing landscape improvements, the property owners in Zone 14 were balloted in Fiscal Year 2004/05 for an increase in their maximum assessment rates. Majority protest did not exist, and based on the approval of the new assessment rate, the City will move forward with the plans to renovate the improvements with more water efficient landscaping and modifications to the irrigation system. Refer to the budget for Zone 14 in Section IV of this Report for specifics regarding the proposed assessment for the current fiscal year and the maximum assessment. It has been determined that fifteen percent (15%) of the improvements within the K & B Sub-Zone are of a general benefit to those properties outside of the Sub-zone. Therefore, this percentage of the costs of maintaining the Sub-zone has been removed from the assessment and must be funded from other City funding sources. Zone#15(Canyon Crest): Zone 15 consists of Tract 25102-1 and 25102 generally located east of Deep Canyon Road, south of the Whitewater River Channel, north of Moss Rose Drive, and west of the Palm Desert High School. This Zone was established and annexed to the District on March 11, 1999 pursuant to the Act and a property owner ballot proceeding. These parcels receive special benefit from the operation and maintenance of landscaped parkways along the east side of Deep Canyon Road from Magnesia Falls (Whitewater River Channel), south to the entl of the development (approximately 100 feet north of Buttonwood Drive); perimeter landscaping along the Whitewater River Channel (the northern boundary of the tlevelopment and District) from Deep Canyon Road eastward to the western boundary of the development (approximately 675 linear feet of the total 1275 feet is landscaped). The improvements for this Zone were installed as part of the resitlential developments. It has been tleterminetl that the ongoing operation and maintenance of the landscape improvements provide no measurable general benefit to other properties outsitle the Zone or to the public at large. Therefore, the local landscaping improvements associated with this Zone and the associatetl annual costs have been identified as 100°/a special benefit to parcels within Zone 15, Refer to the budget for Zone 15 in Section IV of this Report for specifics regarding the proposed assessment for the current fiscal year and the maximum assessment. Willdan Financial Services Page 12 Consolidated Palm Desert Landscaping and Lighting Maintenance Assessment District Engineer's Report Fiscal Year 2010I2011 Zone#16(Shepard Lane): Zone #16 consists of six (6) separate residential subdivisions identified as Sub-zones. These six Sub-zones are known and identified as College View Estates I (Tract 29444), College View Estates II (Tract 30087), Sundance West (Tract 30216), Sundance East (Tract 30503), Petunia l (Tract 30025), and Boulders (Tract 30030). Each of these Sub-zones has specific local improvements maintained by the District that were installed as part of these residential developments. There are several residential subdivisions within the area known as Shepherd Lane. The parcels within each of the six (6) Sub-zones of Zone 16 (Shepard Lane) receive benefit from various improvements that were installed as part of the separate residential developments antl are specific to each tract antl subdivision. Perimeter landscaping for the Shephertl Lane residential developments includes parkway/perimeter landscaping on the west side of Portola Avenue between Frank Sinatra Drive and Gerald Ford Drive, as well as landscaping on the north side of Frank Sinatra Drive and the south side of Gerald Ford Drive on either sitle of Shepherd Lane. These improvements benefit the property development within the Shepherd Lane area and each residential subtlivision is assessed a proportional share of the costs associated with these landscapetl areas as well as specific in-tract improvements. Specific in-tract improvements include: Sub-Zone College View Estates I: � This Sub-zone's proportional benefit of parkway/perimeter landscaping along the west side of Portola Avenue atljacent to the residential subtlivision (generally between Frank Sinatra Drive and Gerald Ford Drive); • Parkway landscaping along both sitles of Shepherd Lane adjacent to the resitlential subdivision (generally between Frank Sinatra Drive and Gerald Ford Drive); • Streetlights within the resitlential subdivision antl/or adjacent to the subdivision on both the east antl west sides of Shepherd Lane and the west side of Portola Avenue installetl as part of the residential subdivision. Sub-Zone College View Estates II: • This Sub-zone's proportional benefit of parkway/perimeter landscaping on both sides of Shepherd Lane antl the west side of Portola Avenue adjacent to the residential subdivision, installed as part of the development of properties therein; • Street lights within and atljacent to the residential subdivision. Sub-Zone Sundance West: • Two landscape easements located on the west side of Shepherd Lane at Kokopelli Circle. Willdan Financial Services Page 13 Consolitlated Palm Desert Landscaping antl Lighting Maintenance Assessment District Engineer's Report Fiscal Year 2010/2011 • Two landscape easements located on the west side of Shepherd Lane at Chinook Circle. • Parkway landscaping along Shepherd Lane adjacent to the residential subdivision. Specifically the parkway area on the west side of Shepherd Lane which extends the length of Tract 30216; • Streetlights within the residential subdivision andlor adjacent to the subdivision on both the east and west sitles of Shepherd Lane and the west side of Portola Avenue installed as part of the residential subdivision. Sub-Zone Sundance East: • This Sub-zone's proportional benefit of perimeter/parkway lantlscaping on the west side of Portola Avenue between Frank Sinatra Drive and Geraltl Ford Drive associated with the development; • Parkway landscaping on Shepherd Lane adjacent to the residential development installed as part of the development of properties therein. • Street lights within and adjacent to the residential subdivision. Sub-Zone Petunia l: • Three landscape easements itlentified as the parkway landscaping on the east side of Shepherd Lane adjacent to the tract north antl south of East Petunia Place and the parkway landscaping easement on the west side of Portola Avenue adjacent to the tract. • Two landscape easements identified as the parkway landscaping on the west side of Shepherd Lane adjacent to the tract north and south of West Petunia Place. Willdan Financial Services Page 14 Consolidated Palm Desert Landscaping and Lighting Maintenance Assessment District Engineer's Report Fiscal Year 2010/2011 Sub-Zone The Boulders: • Parkway landscaping on Shepherd Lane atljacent to the residential development installed as part of the development of properties therein; • This Sub-zone's proportional benefit of parkwaylperimeter landscaping on the west side of Portola Avenue between Frank Sinatra Drive and Gerald Ford Drive, as well as lantlscaping on the north sitle of Frank Sinatra Drive antl the south side of Gerald Ford Drive on either sitle of Shepherd Lane. • Street lights within and adjacent to the residential subdivision. It has been determined upon review of the specific improvements, that a portion of the street lighting and parkway landscape improvements associated with the College View Estates I, College View Estates II, Sundance East, antl Petunia l Sub-zones provitle some general benefit to properties outside of these Sub-zones. These improvements include the parkway/perimeter maintenance along Portola Avenue. A portion of the maintenance costs up to 15% have been identified by the City as a general benefit component have been removed from the assessments and will be funded from other sources. The improvements associated with the remaining Sub- zones provitle no measurable general benefit to properties outside the Zone or to the public at large, and therefore, their specific local landscaping improvements are allocated 100% as special benefit to parcels within the Sub-zones. Willdan Financial Services Page 15 Consolidatetl Palm Desert Landscaping and Lighting Maintenance Assessment District Engineer's Report Fiscal Year 2010/2011 III. Method of Apportionment A. General The 1972 Act permits the establishment of assessment tlistricts by agencies for the purpose of providing certain public improvements which include the construction, maintenance and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: "The net amount to be assessed upon /ands within an assessmenf dist�ict may be appo�tioned by any formula or method which fairly distributes the net amount among all assessable lots o�parce/s in proportion to the estimated benefits to be received by each such lot o�parcel from the imp�o vements." The formula used for calculating assessments in each Zone of the District therefore reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimatetl benefit to each parcel. In addition, pursuant to Article XIIID Section 4 a parcel's assessment may not exceetl the reasonable cost of the proportional special benefit conferred on that parcel antl provides that only special benefits are assessable and the District must separate the general benefits from the special benefits. Therefore, in compliance with the new assessment requirements only assessments that are identified as either "Exempt Assessments" or "Special Benefit Assessments" are assessed. The costs of any improvements considered to be"General Benefit" have been eliminated from the District assessments. B. Benefit Analysis Each of the proposetl improvements, the associated costs and assessments has been carefully reviewed by the City and has been identified and allocated based on benefit pursuant to the provisions of the 1972 Act antl Article XIIID of the California Constitution. Each improvement antl the associated costs have been identified as either "general benefits" or "special benefits". Although some existing assessments within the District qualified as exempt assessments pursuant to Article XIIID, Section 5 of the Constitution and did not require a ballot proceeding under the provisions of Section 4, the improvements associatetl with these assessments are considered a special benefit to the assessed properties and are in compliance with the substantive requirements of Article XIIID Section 4. The maximum assessment rates shown in this report are consistent with the provisions of Article XIIID and any new or increased assessments shall be subject to the provisions of Section 4 therein. Special Bene�ts The method of apportionment (or method of assessment) is based on the premise that each of the assessed parcels within the District and Zones receives benefit from the improvements maintained and financed by District assessments. Specifically, the assessments associated with each Zone are for the maintenance of local street lighting and landscaped improvements installed as part of the original development of the parcels within the Zones or were later installed for the benefit of those properties. Willdan Financial Services Page 16 Consolidated Palm Desert Landscaping and Lighting Maintenance Assessment District Engineer's Report Fiscal Year 2010I2011 The desirability and security of properties within each Zone is enhanced by the presence of street lighting and well-maintained landscaping in close proximity to those properties. The landscape improvements provided by the District may include landscaped medians, parkways, entryways, slopes and appurtenant facilities. Street lighting improvements may inclutle energy costs and necessary maintenance to the facilities related thereto. The annual assessments outlined in this Report are proposed to cover the estimated costs to provide necessary service, operation, atlministration antl maintenance required each year to keep these improvements in a healthy, vigorous and satisfactory condition. The special benefits associated with the local landscaping improvements are specifically: • Enhanced desirability of properties through association with the improvements. • Improved aesthetic appeal of properties within the Zones providing a positive representation of the area. • Enhanced adaptation of the urban environment within the natural environment from atlequate green space and landscaping. • Environmental enhancement through improved erosion resistance, and dust and debris control. • Increased sense of pride in ownership of property within the District resulting from well-maintained improvements associated with the properties. • Retlucetl criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities including abatement of graffiti. • Enhanced environmental quality of the parcels within the Zones by moderating temperatures, providing oxygenation and attenuating noise. The special benefits of street lighting are the convenience, safety and security of property, improvements antl goods. Specifically: • Enhanced deterrence of crime antl the aid to police protection. • Increased nighttime safety on roads and highways. • Improved ability of pedestrians and motorists to see. • Improved ingress antl egress to property. • Retluced vantlalism and other criminal acts and tlamage to improvements or property. • Improved traffic circulation and reducetl nighttime accidents and personal property loss. • Increased promotion of business during nighttime hours in the case of commercial properties. The preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels. Willdan Financial Services Page 17 Consolidated Palm Desert Landscaping and Lighting Maintenance Assessment District Engineer's Report Fiscal Year 2010/2011 Gene�al Benefits Prior to the passage of Proposition 218, some of the District assessments included maintenance of landscaped medians on various arterial streets within the City. However, since the maintenance of most arterial medians within the City were funded by the City's General Fund, it was determinetl that the existing assessments for these improvements were not a special benefit and in Fiscal Year 1997/98 the District assessments related to arterial medians were eliminated. In addition, any improvement and the associated costs that are considered a general benefit to properties outside the respective Zones or to the public at large have been identified and eliminated from the annual assessments. In making this determination it should be noted that parkway, perimeter landscaping and interior landscaping within the City is either funded antl maintainetl by intlividual property owners or through some type of association, except those maintained and funtled through a special District. The City does not usually maintain these types of improvements from General Fund Revenues and, like other similar improvements within the City, the ongoing maintenance of these improvements are a special benefit to the properties associated with the improvements. C. Assessment Methodology Pursuant to the 1972 Act, the costs of the District may be apportioned by any formula or method that fairly distributes the net amount to be assessed, among assessable parcels in proportion to the estimated benefits to be received by each such parcel from the improvements. The apportionment of costs used for each Zone should reflect the composition of the parcels, and the improvements and services provitletl based on each parcel's estimated special benefit. Equivalent Benefit Units: To assess benefits equitably, it is necessary to relate the different type of parcel improvements to each other. The Equivalent Benefit Unit method of assessment apportionment uses the single-family home as the basic unit of assessment. A single family home equals one Equivalent Benefit Unit (EBU). Every other land use is converted to EBUs based on an assessment formula that equates the property's specific tlevelopment status, type of development (land use), and size of the property, as compared to a single-family home (SFR). The EBU method of apportioning benefit is typically seen as the most appropriate and equitable assessment methodology for districts formed under the 1972 Act, as the benefit to each parcel from the improvements are apportioned as a function of land use type, size and development. Assessetl parcels within Zones 2, 3, 4, 5, 6, 7, 8, 9, 11, 14, 15 and 16 are single-family residential parcels and the application of the EBU method of spread results in an equal assessment. The following table reflects the various property types and applicable EBUs that may be applied to properties within Zone 13. LAND USE IEQUIVALENT BENEFIT UNITS (Zone 13) Willdan Financial Services Page 18 Consolidatetl Palm Desert Lantlscaping and Lighting Maintenance Assessment District Engineer's Report Fiscal Year 2010/2011 Land EBU Use Type Multiplier to Property Type Code Factor Calculate EBU Commercial C01�1 6.00 rlcreage Residential and Commercial Vacant p�C 030 �lcreage Single Family Residenrial SFR 1.00 Units Condominiums CON 0.80 Units Single Family�'acant Lot SFV 1.00 Lot Exempt NON 0.00 Parcels Exempt parcels include easements and landscaped areas or common areas. The benefit formula applied to parcels in each Zone is based on the preceding Equivalent Benefit Unit (EBU) tables. Each parcel's EBU correlates the parcel's special benefit received as compared to the other parcels in the Zone. Parce/Type EBUxAc�es o�Units=Pa�ce/EBU Tota/Ba/ance to Levy in Zone/Tota/EBUin Zone=Levy pe�EBU Parce/EBUx Levy pe�EBU=Pa�ce/LevyAmount D. Assessment Range Formula Any new or increase in assessments, require certain noticing and meeting requirements by law. The Brown Act defines the terms "new or increasetl assessment" to exclude certain conditions. These certain conditions inclutled "any assessment that does not exceetl 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 was later confirmed by Senate Bill 919 (the Proposition 218 implementing legislation). An assessment range formula for the District assessments has been confirmed through property owner ballot proceedings in compliance with Article XIIID, except those existing assessments within the District which qualified as exempt assessments pursuant to Article XIIID, Section 5 of the Constitution and tlitl not require a ballot proceeding under the provisions of Section 4. The assessment range formula shall be applied to the future assessments within the District. The following describes this assessment range formula: Wherein, if the proposetl assessment (levy per unit or rate) is less than or equal to, the prior year's maximum assessment plus the adjustments described in the following, then the proposed assessment is not considered an increased assessment. The purpose of establishing an assessment range formula is to provide for reasonable increases and inflationary adjustments to the assessment amounts without requiring costly noticing and mailing procedures, which would be added to the District costs and assessments. Willdan Financral Services Page 19 Consolidated Palm Desert Lantlscaping and Lighting Maintenance Assessment District Engineer's Report Fiscal Year 2010/2011 If the proposed assessment is less tf�an the maximum assessment approved in the previous fiscal year adjusted by a percentage no greater than three percent (3.0%), or the annual percentage increase of the Consumer Price Index (CPI), whichever is the lesser of the two, the assessment shall not be consitlered as an increase. Each year the City shall compute the percentage difference between the CPI on January 1, of each year and the CPI for the previous January 1, or a similar time period, as determined by the Bureau of Labor Statistics for all urban consumers for the Los Angeles, Anaheim and Riverside Area. This percentage difference shall then establish the range of increased assessments allowed based on CPI. Shoultl 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 tletermining fluctuations in the cost of living. If CPI is less than three percent(3.0%), then the allowable adjustment to the maximum assessment for each Zone may be by CPI, or a lesser percentage. If CPI is greater than three percent(3.0%), then the allowable adjustment to the proposed assessment for each Zone may be three percent (3.0%) or a lesser percentage. The fact that an assessment range formula is adopted for District assessments does riot require that the adjustment be applied each year, nor does it restrict the assessments to the atljustment amount. If the budget and assessments for a given Zone tlo not require an increase or the increase is less than the allowable adjustment then the required budget and assessment shall be applied. If the butlget and assessments for a given Zone require an increase greater than the allowable adjustment then the proposed assessment is considered an increased assessment and mailed notices, as well as property owner protest ballots are required by Article XIIID to impose the assessment increase. Willdan Financial Services Page 20 Consolidated Palm Desert Landscaping and Lighting Maintenance Assessment District Engineer's Report Fiscai Year 2010/2011 IV. DISTRICT BUDGETS A. Description of Budget Items The following describes the services and costs that are funtled through the District, shown in the District Budgets. DIRECT COSTS: Maintenance Costs — Includes contracted labor, material antl equipment required to properly maintain the lantlscaping, irrigation systems, drainage systems, fencing, antl entry monuments within the Zone. Landscape Utilifies— Inclutles utility costs for water required to irrigate landscaped areas and the utility costs for electricity required to run irrigation systems and ornamental lighting for landscaped areas. Landscape Extras— Includes the replacement of any materials and equipment neetletl to make repairs to irrigation systems. T�ee Pruning — Includes the cost of trimming antl pruning trees located within the lantlscaped area. Street Lighting — Utility costs for electricity required to operate streetlights, as well as the maintenance of the streetlights. Special Dist�ict Se�vices—These are services provided to a specific Zone that are outside the normal maintenance services provided by the District. These costs and services may include, but are not limitetl to the following; • Specialized maintenance and equipment necessary for lantlscapetl areas antl appurtenant facilities associated with dry wells, retention basins and detention basins within the Zone. • The additional cost of contracted labor, material and equipment required for trimming trees in the public right of way and landscaped areas. Maintenance Repairs—This item includes repairs that are generally unforeseen and not normally inclutled in the yearly maintenance contract costs. This may include repair of damaged amenities tlue to vandalism, storms, frost, etc. Also includetl may be planned upgrades that provide a direct benefit to the Zone. These upgrades could include replacing plant materials antllor renovation of irrigation or lighting systems, Willdan Financial Services Page 21 Consolidated Palm Desert Landscaping antl Lighting Maintenance Assessment District Engineer's Report Fiscal Year 2010/2011 ADMINISTRATION COSTS: Dist�ict Administ�ation— The cost to particular departments and staff of the City, for providing the coordination of District services and operations, response to public concerns and education, as well as procetlures associated with the levy and collection of assessments. This item also inclutles the costs of contracting with professionals to provide administrative, legal or engineering services specific to the District including required notices, mailings or property owner protest ballot proceedings. County Administ�ation Fee — This is the cost to the Zone for the County to collect District assessments on the property tax bills. County Pe�Pa�cel Fee—This is the cost to each Zone for the County to collect assessments on the property tax bills. This charge is on a per assessment basis and is in addition to the County Administration Fee. Note: - The administrative costs of the District are bome by each Zone in p�opo�tion to the agg�egate costs of the enti�e Dist�ict. Costs �elated to direct administ�ation a�e identified as exempt, general and special benefits in the same proporfion as fhe benefit finding fo�the Direct Service costs. All costs related to the levy of assessments such as county fees and contract administration are applied to each Zone�egardless of any benefit findings(no general benefitJ. LEVY BREAKDOWN: Rese�ve Col%ction/(T�ansfe�� The Reserve Account item is provided for collection by the District of funtls to operate the Zone from the time period of July 1 (beginning of the fiscal year) through approximately January when the County provides the City with the first instaliment of assessments collected from the property tax bills. Negative amounts shown for these budget items are transfers from the reserve funtl that are used to reduce the Balance to Levy. The Reserve Funtl eliminates the need for the City to transfer funds from non-District accounts, Othe�Revenues/General Fund Cont�ibution— This item includes additional funds designated for the Zone that are not from District assessments. These funtls are added to the Zone account to reduce assessments, and may be from either non-District or District sources inclutling City General Fund Contributions and interest earnings. Balance to Levy— This is the total amount to be collectetl for the current fiscal year through assessments (for special benefits) or from other revenue sources (for general benefits). The Balance to Levy represents the sum of Total Direct and Administration Costs, the Reserve Account/Other Revenue Source, the Beginning Balance, and the Contribution Replenishment. Only those costs related to the improvements identified as special benefits are levietl and collected on the tax roll. Willdan Financial Services Page 22 Consolidated Palm Desert Landscaping and Lighting Maintenance Assessment District Engineer's Report Fiscal Year 2010I2011 DISTRICT STATISTICS: TotalPa�cels—The total number of parcels within the Zone boundary, lota/Pa�ce/s Levied— The total number of parcels within the Zone that are assessed. Non- assessable lots or parcels may include parcels of land principally encumbered by public right-of- ways, easements, common areas, and/or parcels within the boundaries of the Zone that currently do not benefit from the improvements due possibly to tlevelopment restrictions. Total Equivalent Bene�t Units (EBU) — Equivalent Benefit Unit (EBU) is a numeric value calculated for each parcel based on the parcel's land use antl size. The EBU shown in the Zone budget, (Section IV B), represents the sum total of the parcel EBUs that receive special benefits from the improvements. Levy pe�EBU— This amount represents the rate being applietl to each parcel's individual EBU. The Levy per Equivalent Benefit Unit is the result of divitling the total Balance to Levy, by the sum of the Zone EBUs, for the fiscal year. Willdan Financial Services Page 23 Consolidated Palm Desert Lantlscaping and Lighting Maintenance Assessment District Engineer's Report Fiscal Year 2010/2011 B. District Budgets � w � - a �u w � C7 cn 0 W � J N V � � � N w W N Z �-' W � Q N �' � p Q > � V � W O � >' Y w p � H � w � Z Q ? Q w a � ow U > a � cn a � � Zone 02 Zone 03 Zane 04 Zone 05 DM Zone 05 SC Zone 05 PR Zone 06 MM Maintenance Costs 27,800 3,335 0 6,138 0 2,389 884 Landscape Utilities(WaterlElectrical) 35,582 1,222 0 1,572 0 834 350 Landscape Extras(MaterialslSpecial Maintenance) 2,059 1,111 0 613 0 415 388 Tree Pruning 9,817 445 0 1,446 0 499 478 Street Lighting 277 777 2,780 499 1,222 166 445 AnnualDirectCosts(SubtotalJ 75,535 6,890 2,780 10,268 1,222 4,303 2,545 DistrictAdministration 7,751 1,749 1,574 1,549 855 1,186 937 County Fees 113 67 88 15 21 19 20 Administration Costs(SubfofalJ 7,864 1,816 1,662 1,564 876 1,205 957 TotalOperatingCosts 83,399 8,706 4,442 11,832 2,098 5,508 3,502 Misc Expenses 0 0 0 0 0 0 0 Reserve Fund Collection 0 0 310 0 0 0 0 General Benefit Contribution(General Funtl) (61,478) 0 (504) (1,775) 0 0 0 LevyAdjusfinents(Subtotal) 61 1,478) 0 (194) 1775 0 0 0 Balance To Levy 21,921 8,706 4,248 10,057 2,098 5,508 3,502 District Statistics Parcels Levied 222 132 172 29 41 37 40 Total Equivalent Benefit Units(EBU) 222 133.20 172 29 41 37 40 Maximum Rate per EBU 98.7490 71.0339 24.7004 424.2835 58.0662 195.3553 98.7494 Applied Rate EBU 98.7428 65.3604 24.7002 346.7931 51.1707 148.8649 87.5500 $ (0.006) $ (5.674) $ (0.000) $ (77.490) $ (6.896) $ (46.490) $ (11.199) Estimatetl Be innin Reserve Balance-June 30,2010 2,633 15,699 236 30,052 6,302 16,493 5,005 Reserve Fund CollectionlContribution 0 0 310 0 0 0 0 Estimated Ending Reserve Balance-June 30,2011 2,633 15,699 74 30,052 6,302 16,493 5,005 (1)Designates a 15%General Beneff for Direct and Administative Fees Willdan Financial Services Page 24 Consolitlatetl Palm Desert Landscaping and Lighting Maintenance Assessment District Engineer's Report Fiscal Year 2010/2011 z O N ~ W V = � W z a J _ W � J _ - J N "_' O Q Q C.7 W - = V � �2 r >- a a � o 0 W W �--' H W J J J J a a J Q Q > > Z Z ! d � O O O O O Q Q 2 2 N (A = J J Zone O6 HG Zone 06 HE Zone 06 S1 Zone 06 S2 Zone O6 HC Zone O6 L1 Zone O6 L2 Maintenance Costs 2,201 2,834 2,679 5,155 1,855 2,694 2,901 Landscape Utilities(Water/Electrical) 916 1,178 1,113 2,146 1,333 1,121 1,092 Landscape Extras(MaterialslSpecial Maintenance) 445 499 499 610 111 499 499 Tree Pruning 769 637 660 1,620 334 499 449 Street Lighting 0 166 166 277 277 166 166 AnnualDirectCosts(SubtotalJ 4,331 5,314 5,117 9,808 3,910 4,979 5,107 DistrictAtlministration 947 998 1,009 1,767 1,537 998 1,037 County Fees 8 8 8 48 19 8 8 Administration Costs(SubtotalJ 955 1,006 1,017 1,815 1,556 1,006 1,045 TotalOperatingCosts 5,286 6,320 6,134 11,623 5,466 5,985 6,152 Misc Expenses 0 0 0 0 0 0 0 Reserve Fund Collection 0 0 0 0 0 0 0 General Benefit Contribution(General Fund) (793) 0 (920) 0 (3) 0 0 LevyAdjustmenfs(Subtotal J 793 0 f9� 0 3 0 0 Balance To Levy 4,493 6,320 5,214 11,623 5,463 5,985 6,152 District Statistics Parcels Levietl 16 16 16 94 38 16 16 Total Equivalent Benefit Units(EBU) 16 16 16 94 38 16 16 Maximum Rate per EBU 316.6664 446.0222 367.8636 1392288 143.7643 422.1531 434.5757 Applied Rate EBU 280.8188 395.0000 325.8688 123.6489 143.7632 374.0625 384.5000 $ (35.848) $ 51.022) $ (41.995 $ (15.580) $ (0.001 $ 48.091 $ 50.076 Estimated Be innin Reserve Balance-June 30,2010 7,880 10,954 9,151 20,068 7,770 10,375 10,668 Reserve Fund CollectionlContribution 0 0 0 0 0 0 0 Estimated Ending Reserve Balance-June 30,2011 7,880 10,954 9,151 20,068 7,770 10,375 10,668 (1)Designates a 15°/a General Benefit for Direct and Administative Fees Willdan Financial Services Page 25 Consolidated Palm Desert Landscaping and Lighting Maintenance Assessment District Engineer's Report Fiscal Year 2010/2011 � � f- p W Y � = U � 1-- V F � Q � � N a � O w m � � � � �� Z o � a � � J a' 0 U Z � Z Z » � � � Q Q � «a ca =U � a � Zone 06 L3 Zone 06 SP Zone O6 SW Zone 06 HW Zone 06 DB Zone O6 PC Zone 07 Maintenance Costs 1,614 2,361 2,361 2,557 2,223 2,223 3,123 Landscape Utilities(WatedElectrical) 767 1,455 1,455 888 445 556 667 Landscape Extras(MaterialslSpecial Maintenance) 388 499 499 784 334 445 445 Tree Pruning 388 649 601 613 222 222 445 Street Lighting 166 166 166 334 166 166 0 AnnualDirectCosts(SubtotalJ 3,323 5,130 5,082 5,176 3,390 3,612 4,680 DistrictAdministration 870 1,009 1,009 1,115 1,229 1,175 1,104 County Fees 8 8 8 8 10 10 8 Administration Costs(Subtotal) 878 1,017 1,017 1,123 1,239 1,185 1,112 TotalOperafing Cosfs 4,201 6,147 6,099 6,299 4,629 4,797 5,792 Misc Expenses 0 0 0 0 0 0 0 Reserve Fund Collection 0 0 0 0 0 0 0 General Benefit Contribution(General Fund) 0 0 0 (945) 0 0 0 LevyAdjustments(Subfotal) 0 0 0 945 0 0 0 Balance To Levy 4,201 6,147 6,099 5,354 4,629 4,797 5,792 District Statistics Parcels Levied 15 16 16 16 20 20 16 Total Equivalent Benefit Units(EBU) 15 16 16 16 20 20 16 Maximum Rate per EBU 316.8193 433.5837 4302622 334.7026 425.6275 295.6378 486.1593 Applied Rate EBU 280.0667 384.1875 381.1875 334.6344 231,4500 239,8500 362.0000 $ (36.753) $ (49.396) $ (49.075) $ (0.068) $ (194,177) $ (55.788) $ (124.159) Estimated Be innin Reserve Balance-June 30,2010 6,011 10,658 10,324 7,622 6,618 6,857 17,799 Reserve Fund CollectionlContribution 0 0 0 0 0 0 0 Estimated Ending Reserue Balance-June 30,2011 6,011 10,658 10,324 7,622 6,618 6,857 17,799 (1)Designates a 15%General Benefit for Direct and Adminislalive Fees Willdan Financial Services Page 26 Consolidated Palm Desert Landscaping and Lighting Maintenance Assessment District Engineer's Report Fiscal Year 2010/2011 m w � � U J � a v � cn � J � � W W W W a � � W � >_ H � H � � U Q O � Z F-w Z C�W C� � O � a� O w~ � � � � m� � .�a J W � V J Z J�. Q 2 O o °�Q Q Otn a. f- a a `s o.. U U W Zone 08 Zone 09 Zone 11 Zone 13 Zone 14 Zone 15 Zone 16 CV Maintenance Costs 833 8,895 2,549 12,955 11,304 5,559 6,671 Landscape Utilities(WaterlElectrical) 334 3,113 1,191 2,698 2,935 834 2,223 Landscape Eztras(MaterialslSpecial Maintenance) 334 1,778 388 1,618 648 445 888 Tree Pruning 0 5,670 111 1,618 2,283 333 987 Street Lighting 333 2,223 0 22,672 323 0 388 AnnualDirect Costs(Subtotal) 1,834 21,679 4,139 41,561 17,493 1,171 11,157 DistrictAdministration 1,098 2,685 963 15,934 2,891 1,551 1,698 County Fees 19 54 12 927 83 34 16 Administration Costs(SubtotalJ 1,117 2,139 975 16,861 2,974 1,585 1,714 rotal Operating Costs 2,951 24,418 5,214 58,422 20,467 8,756 12,871 Misc Ezpenses 0 0 0 0 0 0 0 Reserve Fund Collection 0 0 0 (5,892) 0 0 0 General Benefit Contribution(General Fund) 0 0 (158) 0 (3,070) 0 (1,931) LevyAdjustments(Subtotal J 0 0 158 5 892 3 070 0 1L 931,� Balance To Levy 2,951 24,418 5,056 52,530 17,397 8,756 10,940 District Statistics Parcels Levied 37 105 23 1,818 163 67 32 Total Equivalent Benefit Units(EBU) 37 105 23 2,327.33 163 67 32 Maximum Rate per EBU 80.6315 2382929 219.8552 32.4256 1342350 175,4104 513.0872 Applied Rate EBU 79.7568 232,5524 219,8261 22.5709 106.7298 130.6866 341.8859 $ 0.875) $ 5.740 $ 0.029 $ 9,855 $ 27.505) $ (44.724 $ 171201 Estimated Be innin Reserve Balance-June 30,2010 1,153 45,418 17,179 164,175 54,188 16,260 34,373 Reserve Fund CollectionlContribution 0 0 0 (5,892) 0 0 0 Estimated Ending Reserve Balance-June 30,2011 1,153 45,418 17,179 158,283 54,188 16,260 34,373 (1)Designates a 15%General Benefit for Direct and Administative Fees Willdan Financial Services Page 27 Consolitlated Palm Desert Landscaping and Lighting Maintenance Assessment District Engineer's Report Fiscal Year 2010/2011 � � � � w � Q � � W w w W � -- W � J J Z � W Q Z � F- a �,., � z a m o o � a � o Z -� H H Z W J � O fn W � S aiS V� U W a c� � � Zone 16 SD Zone 16 CV1 Zone 16 P1 Zone 16 SE Zone 16 BD District Maintenance Costs 3,239 4,857 3,239 2,698 1,920 142,048 Lantlscape Utilities(WaterlElectrical) 1,667 1,987 1,610 1,109 599 74,994 Landscape Extras(MaterialslSpecial Maintenance) 888 888 888 855 855 21,610 Tree Pruning 989 989 989 499 499 35,758 Street Lighting 388 386 386 222 166 36,030 AnnualDirectCosfs(SubtotalJ 7,171 9,107 7,112 5,383 4,039 310,440 DistrictAdministration 1,788 1,757 1,757 1,086 1,085 65,701 County Fees 16 16 16 7 8 1,721 Administration Costs(SubtotalJ 1,804 1,773 1,773 1,093 1,093 67,422 TotalOperatingCosts 8,975 10,880 8,885 6,476 5,132 377,862 Misc Expenses 0 0 0 0 0 0 Reserve Fund Collection 0 0 0 0 0 (5,582) General Benefit Contribution(General Fund) 0 (1,632) (1,333) (971) 0 (75,513) LevyAdjustments(SubtotalJ 0 1L,6� 1L,3�, 971 0 (81,094) Balance To Lery 8,915 9,248 7,552 5,505 5,132 296,768 0 District Statistics 0 Parcels Levied 32 32 32 14 16 3,375 Total Equivalent Beneft Units(EBU) 32 32 32 14 16 3,885.53 Ma�cimum Rate per EBU 498.1429 369.1461 327.6847 523,1272 363.3280 Applied Rate EBU 280.4688 289.0000 236.0078 393.1857 320.7500 $ 217.674) $ (80,146) $(91,677) $ (129,942) $ (42.578) Estimated B innin Reserve Balance-June 30,2010 28,212 38,517 23,741 17,328 16,169 Reserve Fund CollectionlContribution 0 0 0 0 0 Estimated Ending Reserve Balance-June 30,2011 28,212 38,517 23,741 17,328 16,169 0 (1)Designates a 15%General Benefit for Direct and Administative Fees Willdan Financial Services Page 28 Consolitlated Palm Desert Lantlscaping and Lighting Maintenance Assessment District Engineer's Report Fiscal Year 2010/2011 Appendix A — District Boundary Maps The Boundary Maps for the District andlor Zones are on file in the office of Public Works and are by reference made part of this Report. The Boundary Maps are also available for inspection at the Office of Public Works. Willdan Financial Services Page 29 Consolidated Paim Desert Landscaping and Lighting Maintenance Assessment District Engineer's Report Fiscal Year 2010/2011 Appendix B - 201012011 Assessment Roll Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Riversitle County Assessor's map for the year in which this Report is prepared. Non-assessable lots or parcels may include areas of public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas and rights-of-ways inclutling public greenbelts and parkways; utility rights-of-ways; common areas; landlocked parcels, small parcels vacated by the County, bifurcated lots, and any other property that cannot be developed. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exemptetl from assessment. Properties outside the District boundary receive no direct or special benefits from the improvements provided by the District and are not assessed, Parcel itlentification, for each lot or parcel within the District, shall be the parcel as shown on the Riverside County Assessor's map for the year in which this Report is prepared. The land use classification for each parcel is based on the Riverside County Assessor's Roll. A listing of parcels assessed within this District, along with the proposetl assessment amounts, shall be submitted to the City Clerk, untler a separate cover, antl by reference is matle part of this Report. Approval of this Report (as submitted or as modified) confirms the method of apportionment antl the maximum assessment rate to be levied against each eligible parcei and thereby constitutes the approved levy antl collection of assessments for the fiscal year. The parcels and the amount of assessment to be levied shall be submitted to the County AuditorlController and inclutled on the property tax roll for the fiscal year. If any parcel submitted for collection is itlentified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmittetl to the County Autlitor/Controller. The assessment amount to be levietl and collected for the resubmitted parcel or parcels shall be basetl on the methotl of apportionment and assessment rate approved in this Report. Therefore, if a single parcel has changed 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 30 Martinez, Gloria From: Moeller, Charlene (CMOELLER@paimspri.gannett.com] Sent: Tuesday, June 08, 2010 11:32 AM To: Martinez, Gloria Subject: RE: Legal Notice- Res 2010-35 for PH 06/24/10 FY 2010/11 PD CLLD Attachments: image001.gif Ad received and will publish on date(s) requested. Ch�rlene Moeller Public Notice Customer Service Itep. The Desert Sun Newspaper 750 N. Gene Autry Trail, Palm Springs, CA 92262 (760)778-4578, Fax(760)778-4731 Desert Sun legals(a�thedesertsun.com & Desert Post Weekly dpwleqals(a�thedesertsun.com The Coachella Valley's#1 Source in News&Advertising!Visit us at mydesert.com NOTE: Starting on March 29th,there will be a$10 affidavit processing fee added to the cost of each Public Notice From: gmartinez@cityofpalmdesert.org [mailto:gmartinez@cityofpalmdesert.org] Sent: Tuesday, June O8, 2010 11:16 AM To: tds-legals Cc: rstendell@cityofpalmdesert.org Subject: Legal Notice - Res 2010-35 for PH 06/24/10 FY 2010/11 PD CLLD PLEASE PUBLISH THE FOLLOWfNG: NOTICE OF PUBLIC HEARING Resotution No. 2010-35—Declaring Its Intention for the Levy and Collection of Assessments for the Consolidated Palm Desert Landscaping and Lighting District for Fiscal Year 2010/2011 and Preliminary Approval of the Engineer's Report. ONCE IN THEDESERTSUN Sunday,lune 13, 2010 If you have any questions or require additional information, please give me a call. ?'j?.C�o�a ?'�?a�'�.r.� Records Technician City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 (760) 346-0611 Ext. 354 1 RESOLUTION NO. 2010-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENTION FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE CONSOLIDATED PALM DESERT LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2010/2011 AND PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT THE CITY COUNCIL OF THE CITY OF PALM DESERT (HEREAFTER REFERRED TO AS THE "CITY COUNCIL") HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, The City Council pursuant to provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with section 22500) (hereafter referred to as the "Act") did by previous resolution, order the preparation of an Engineer's Report (hereafter referred to as the "Report") for the district known and designated as the Consolidated Palm Desert Landscaping and Lighting District (hereafter referred to as the "District"); and, WHEREAS, The City Council pursuant to provisions of the Act proposes to levy and collect assessments against lots and parcels of land within the various Zones of the District for the Fiscal Year 2010/2011 to pay the maintenance, servicing and operation of the improvements related thereto; and, WHEREAS, Willdan Financial Services has prepared and filed a Report with the City Clerk pursuant to Section 22623 of the Act, and said Report has been presented to City Council and is hereby incorporated by reference; and, WHEREAS, The City Council has examined and reviewed the Report as presented, and is preliminarily satisfied with the description of the District, the Zones and improvements identified therein, each of the budget items and documents as set forth therein, and is satisfied that the proposed assessments contained therein, have been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed within the District, as set forth in said Report or as modified by City Council action and incorporated herein. NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, PURSUANT TO CHAPTER 3, SECTION 22624 OF THE ACT, AS FOLLOWS: Section 1 The above recitals are true and correct. Section 2 Intention: The City Council hereby declares its intention to order the annual levy and collection of assessments within the District pursuant to the Act, over and including the land within the District boundary, and to levy and collect assessments RESOLUTION NO. 2010-35 on such land to pay the annual costs and expenses of the improvements and services described in Section 5 of this resolution, for fiscal year 2010/2011. Section 3 The Report has been prepared and filed with the City Clerk. The City Clerk has presented to the City Council, a Report in connection with the proposed improvements, assessments, the levy and collection of assessments for fiscal year 2010/2011 in accordance with Chapter 1, Article 4 of the Act, and is hereby approved, as required by Section 22623 of the Act, on a preliminary basis. Section 4 Boundaries and Designation: The description of the District boundary and the Zones therein are outlined in the Report and by reference is made part of this resolution. The District includes thirty-three (33) Benefit Zones and Sub-zones: Canyon Cove (Zone 2); Vineyards (Zone 3); Parkview Estates (Zone 4); Cook and Country Club (Zone 5) Sub-zones are Desert Mirage, Sandcastles, and Primrose 2; Hovley Lane (Zone 6) Sub-zones are Monterey Meadows, The Glen, Hovley Estates, Sonata I, Sonata II, Hovley Collection, La Paloma I, La Paloma II, La Paloma III, Sandpiper Court, Sandpiper West, Hovley Court West, Diamondback and Palm Court; Waring Court (Zone 7); Palm Gate (Zone 8); The Grove (Zone 9); Portola Place (Zone 11); Palm Desert Country Club (Zone 13); K & B at Palm Desert (Zone 14); Canyon Crest (Zone 15); and, Shepard Lane (Zone 16) Sub-Zones are College View Estates I, College View Estates II, Sundance East, Sundance West, Petunia l and Boulders. The District is designated as "Consolidated Palm Desert Landscaping and Lighting District." Section 5 Description of Improvements: Reference is hereby made to the Report for a detailed description of the improvements. The improvements within the District include but are not limited to: turF, ground cover, shrubs and trees, irrigation systems, street lighting, water features, entry monuments, drainage systems and all appurtenant facilities and operations related thereto. Section 6 Proposed Assessment Amounts: The proposed assessments are outlined in the Report. District Assessments are calculated in accordance with the method of apportionment established for the District and do not exceed the assessment rates and annual inflationary adjustment previously authorized by City Council and approved by the property owners in accordance with the provisions of the California State Constitution, Article XIIID. Section 7 Notice of Public Hearing: The City Council hereby declares its intention to conduct a Public Hearing concerning the District, improvements, and the levy of assessments, in accordance with Chapter 3 of the Act. Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Thursday, June 24, 2010, at 4:00 P.M., or as soon thereafter as feasible in the City Hall (Council Chambers), located at 73-510 Fred Waring Drive, Palm Desert, California. At the Public Hearing, all interested persons shall be afforded the oppartunity to hear and be heard. Page 2 RESOLUTION NO. 201 Q-35 Section 8 Notice: The City shall give notice of the time and place of the Public Hearing to all property owners within the District by causing the publishing of this resolution once in the local newspaper not less than ten (10} days before the date of the public hearing, and by posting a copy of this resolution on the official bulletin board customarily used by the City Council for the posting of notices pursuant to the Act. For Fiscal Year 2010/2011, no new or increased assessments are proposed and a mailing of a notice and ballot to property owners is not required. Section 9 The City Clerk is hereby authorized and directed to give notice of such hearing as provided by law. PASSED, APPROVED, AND ADOPTED THIS 27th DAY OF MAY, 2010. AYES: BENSON, KELLY, SPIEGEL, and FINERTY NOES: NONE ABSENT: FERGUSON ABSTAIN: NONE CINDY FINERTY, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA Page 3