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Home My WebLink AboutRes 2010-51 FY 2010-11 Benefit Assessment District No. 1 CITY OF PALM DESERT DEPARTMENT OF PUBLIC WORKS STAFF REPORT REQUEST: CONSIDERATION OF APPROVAL OF THE FINAL ENGINEER'S REPORT AND ORDER TO LEVY FOR FISCAL YEAR 2010/2011 FOR THE CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1 SUBMITTED BY: Ryan Stendell, Senior Management Analyst DATE: June 24, 2010 CONDITIONS: Resolution No. 20�0-51 Final Engineer's Report FY 2010/2011 Recommendation Waive further reading and adopt: 1. A resolution of the City Council of the City of Palm Desert, California, approving the annual Engineer's Report and ordering the levy and collection of assessments within the City of Palm Desert Benefit Assessment District No. 1, for Fiscal Year 2010/2011, pursuant to the provisions of the Benefit Assessment Act of 1982 Backqround The City of Palm Desert Benefit Assessment District No. 01 (District) was formed to assess property owners for the maintenance of the drainage system within Section 29. The District was formed pursuant to state law and maximum levy amounts were set at that time. Each parcel is assessed based on a weighted measure of apportionment known as Equivalent Benefit Unit (EBU), which may take into consideration land use, development status, size of the property, location of the property, development plans or restrictions, vehicular trip generation, street frontage, densities or other property related factors. In previous years, the City has only collected a portion of the full assessment because the improvements were not completed. At this time, the Section 29 retention basin and related improvements have been completed, and the full levy amount of $436.62 per EBU is being proposed for Fiscal Year 2010/2011. At its regular meeting of May 27, 2010, the City Council initiated the proceedings and set a public hearing date of June 24, 2010. The attached resolutions would approve the final Engineer's Report and call for the levy for Fiscal Year 2010/2011 pursuant to the requirements of state law. Staff Report Approve Engineer's Report and Order Levy and Assessment for BAD No. 1 Page2of2 June 24, 2010 Staff recommends that the City Council approve the final Engineer's Report, and call for the levy of the Palm Desert Drainage Basin Maintenance Assessment District No. 1. Fiscal Analvsis The assessment and collection of the full levy amount funds the on-going maintenance of the Section 29 retention basin and associated staff costs relieving the City from any financial burden. Submitted By: Departm n H ad: �, �� - � , � �G�, � � ...... Ryan Stendell Mark Gree wood, P.E. Senior Management Analyst Director o Public Works � ��, /�� CITY COUNCILA ON Paul S. Gibson, Director of Finance APPROVED � DENTL'!'f R EIVED OTHER C ' �� _ � A ovaL MEET G DA `Y ,' AYES: F � ' �' t2i i t ' '; NOES: ��+ � 1.�� ` �` pBSENTs �' .�'o M. Wohlmuth, City Manager ABSTAINs ' 4 VERIFIED BYs ;%I Original on Fik witl�City rk's Office Resolution No. 2010-51 CITY OF PALM DESERT RESOLUTION N0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT APPROVING THE ANNUAL ENGINEER'S REPORT AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE CITY OF PALM DESERT DRAINAGE BASIN MAINTENANCE BENEFIT ASSESSMENT DISTRICT N0. 1, FOR FISCAL YEAR 201012011, PURSUANT TO THE PROVISIONS OF THE BENEFIT ASSESSMENT ACT OF 1982 WHEREAS, The City Council of the City of Palm Desert(hereafter referred to as the"City Council") has, by previous Resolutions declared its intention to levy assessments for the City of Palm Desert Drainage Basin Maintenance Benefit Assessment District No.1 (hereinafter referred to as the "District"); and WHEREAS, The Engineer selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council an Engineer's Annual Levy Report(hereafter referred to as the"Engineer's Report") that describes the assessments against the parcels of land within the Assessment District for the fiscal year commencing July 1, 2010 and ending June 30, 2011 to pay for the maintenance, operation and servicing of improvements and facilities related thereto; and WHEREAS,the City Council has carefully examined antl reviewed the Engineer's Report as presented, and is satisfied with the items and documents as set forth therein, and finds that the levy of assessments has been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed, as set forth in said the Engineer's Report; WHEREAS, The City Council and its legal counsel have reviewed Proposition 218 and found that these assessments comply with applicable provisions of Article XIIID of the California State Constitution; and WHEREAS, The City Council desires to levy and collect assessments against parcels of land within Assessment 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 the improvements and appurtenant facilities located within the District. Page 1 CITY OF PALM DESERT RESOLUTION N0. Zoio-5i 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 fuli and fair Public Hearing regarding the District, the levy and collection of assessments, the Engineer's Report preparetl in connection therewith, and considered any oral and written statements, protests and communications made or filed by interested persons regarding these matters. Section 2 The City Council finds the record owners of property within the District previously approved the continuetl levy and collections of assessments through property owner balloting proceedings, and that the proposed assessment for Fiscal Year 2010/2011 is consistent with the assessment so approved. Section 3 Based upon the Engineer's Report, which is here by approved and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection, the City Council hereby finds and determines that: a) The land and eligible parcels within the boundaries of the District will receive a particular and distinct benefit over and above general benefits conferred on real property located in the District or to the public at large form the operation, maintenance and servicing of the improvements and appurtenant facilities identified in the Engineer's Report (hereinafter referred to as "Special benefit"); and, b) The District includes the lands and parcels receiving such Special Benefit; and c) The net amount to be assessed upon the lands within the District is in accordance and apportioned by a formula and method which fairly distributes the net amount among eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services for the fiscal year commencing July 1, 2010 and ending June 30, 2011. Section 4 The Engineer's Report and assessment as presented to the City Council and on file in the office of the City Clerk comply with the applicable provisions of the California State Constitution Article XIIID and are hereby confirmed as filed. Section 5 The maintenance, operation and servicing of the improvements shall be performed pursuant to the provisions of the Benefit Assessment Act of 1982, Title 5, Division 2, Part 1, Chapfer 6.4 of the Governmenf Code of the Sfate of California Commencing wifh section 54703 (hereafter referred to as the "Act"). The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as the operation, maintenance, servicing and administration of the improvements, and incidental expenses related thereto for the District located within the boundary of the City of Palm Desert, and the jurisdiction of the City Council. A more Page 2 CITY OF PALM DESERT RESOLUTION N0. Zoio-5i detailed description of the improvements is contained within the Report, but the improvements and facilities can be classified within the following general categories: • Installation, construction or maintenance of any authorized improvements under Act, including, but not limited to, drainage improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof. Section 6 The County Auditor of Riverside County shall enter on the County Assessment Roll opposite each eligible parcel of land the amount of levy, and such levies shall be collectetl at the same time and in the same manner as the County taxes are collected, pursuant to the provisions providetl in the Act. After collection by the County, the net amount of the levy shall be paid to the Treasurer of the City of Palm Desert. Section 7 The City Treasurer shall deposit all money representing assessments collected by the County for the District to the cretlit of a fund for the City of Palm Desert Drainage Basin Maintenance Benefit Assessment District No.1, a and such money shall be expended only for the maintenance, operation and servicing of the improvements as described in section 5. Section 8 The adoption of this Resolution constitutes the District levy for the fiscal year commencing July 1, 2010 and ending June 30, 2011. Section 9 The City Clerk, or their designate, is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution. Section 10 A copy of the levy shall be filed in the office of the City Clerk and open for public inspection. Page 3 CITY OF PALM DESERT RESOLUTION N0. Zoio-5i PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this tlay of , 2010. STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF PALM DESERT) I, , City Clerk of the City of Palm Desert, County of Riverside, State of California do hereby certify that the foregoing Resolution No. was adopted by the City Council of said City of Palm Desert at a regular meeting of said council held on the day of , 2010 by the following vote: AYES: NOES: ABSENT: ABSTAINED: CINDY FINERTY, Mayor City of Palm Desert, California ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California Page 4 CITY OF PALM DESERT ENGINEER'S REPORT FOR BENEFIT ASSESSMENT DiSTRICT N0. 1 FISCAL YEAR 2010/2011 �� (:�P �.4- rp y�y. � ,,;s ... . � . �4 � �p Y ' t�� qv. I � CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT N0. 1 Intent Meeting: May 27,2010 Public Hearing: June 10,2010 ��x. � � ... ry �� x� Firtancial �ervice� � �. �� : a, . - # ,� o . . 27�68 Via lndustria ' Oakland,CA ' Phoenix,AZ ' Suite 110 Sacramento,CA Orlando,FL ' Temecula, CA 9259Q 7e1: (951)587-3500 TeL• (800}755-6864 Fax: (9�1�587-�510 � � www.wilidan.evm ENGINEER'S REPORT AFFIQAVIT Benefit Assessment District No.1 The District includes parcels of land within the subdivisions know as Assessment District 200402 (Section 29) City of Palm Desert, County of Riverside, State of California This Report and the enciosed budget, assessments, descriptions and diagrams describe the Benefit Assessment District No.1, and include each lot, parcel, and subdivision of land within said District, as the same existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County of Assessor's maps for a detailed description of the lines and tlimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council. Dated this Z7}� day of �°"� , 2010. Willdan Financial Services Assessment Engineer On Behalf of the City of Palm Desert By, Q,c�Gw�� '�ti�y� � Adina Vazquez, Senior Project Manager District Administration Services �e�� By: �Gi' ,�� Pp L k�p Richard Kopeck � c,>'rP Fc�C�2 R. C. E. # 16742 � � C 16742 � � �' °�P �� '�qT� �1vi�- o�� F CA�� TABLE OF CONTENTS INTRODUCTION..........................................................................................................1 PART I—PLANS AND SPECIFICATIONS ...............................................................3 A. Benefiting Properties within the District................................................................3 B. Funding authorized by the 1982 Act ....................................................................3 C. Description of Services ........................................................................................4 PART II—METHOD OF APPORTIONMENT............................................................5 A. General.................................................................................................................5 B. Benefit Analysis....................................................................................................5 C. Assessment Methodology....................................................................................6 D. Assessment Range Formula................................................................................8 PART III—DISTRICT BUDGET.............................................................................. 10 PART IV—DISTRICT DIAGRAMS......................................................................... 11 PART V—ASSESSMENT ROLL............................................................................ 13 City of Palm Desert Benefit Assessment District No. 1 Engineer's Report, Fiscal Year 2010/2011 INTRODUCTION Pursuant to the provisions of the Benefit Assessment Act of 1982, being Chapter 6.4 of the California Government Code, commencing with Section 54703 (hereafter referred to as the "1982 AcY'), and in compliance with the substantive and procetlural requirements of the California State Constitution Article XIIID (hereafter referred to as the "California Constitution"), the City Council of the City of Palm Desert, County of Riverside, State of California (hereafter referred to as "City"), proposes to levy special benefit assessments for the district designated as: City of Palm Desert Benefit Assessment District No. 1 (hereafter referred to as "District"), which includes lots and parcels of land within the subdivisions known as Monterey 170 and subdivision known as Section 29, within the City limits of Palm Desert. The areas included in the District are also known as Parcel Map No. 24255 (Monterey 170) I Assessment District 2004-02(Section 29). This Report describes the District, the services, and the proposed assessments to be levied against properties in connection with the special benefits that the properties will receive from the maintenance and servicing of the District improvements and facilities commencing in fiscal year 2010/2011. The District and the assessments described herein will provide a funding source (annual assessments) for the continuetl operation, maintenance and servicing of the drainage basin, inclutling expansions thereto. The services and assessments tlescribed in this Report are based on the current and planned development of properties within the District and represent an estimate of the direct expenditures, incidental expenses, and fund balances that will be necessary to operate, maintain and service the drainage basin that provides special benefits to properties within the District. The structure of the District (organization), the proposed services, the method of apportionment, and assessments described herein are based on the current and proposed development within the District; and by reference, the plans and specifications for the drainage basin and expansion thereto are made part of this Report. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessor's Parcel Number(APN) by the Riverside County Assessor's Office. The Riverside County Auditor-Controller uses Assessor's Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments. As part of this District, the City of Palm Desert conducted a Property Owner Protest Ballot proceeding for the proposed levy of a new assessment pursuant to the provisions of the Califomia Constitution, Arfic% XlllD Section 4. In conjunction with this ballot proceeding, the City Council conducted a noticed public hearing to consider public testimonies, comments and written protests regarding the formation of the District and levy of assessments. At the public hearing, property owner protest ballots receivetl were tabulatetl antl a majority protest tlid not exist for the proposed assessments and the assessment range formula presented and described herein. The City Council approved the Report, ordered the formation of the District, and approvetl the levy and collection of assessments. Wlldan Financial Services Page 1 City of Palm Desert Benefit Assessment District No. 1 Engineer's Report, Fiscal Year 2010/2011 Each subsequent fiscal year, a Report is prepared and presentetl to the City Council describing any changes to the proposed services, the annual budget and assessments for that fiscal year, antl the City Council shall hold a noticetl public hearing regarding these matters prior to approving and ordering the proposed levy of assessments. If the proposed assessments for the District exceetl the maximum assessment described herein (as approvetl by the property owners), the new or increased assessment must be confirmed through another property owner protest ballot proceeding before such an assessment may be imposed. It should be noted that an increased assessment to an individual property resulting from changes in development or land use does not constitute an increased assessment. This Report consists of five(5) parts: Part I Plans and Sqecifications: A description of the District boundaries and the proposed improvements associated with the District. Part II The Method of Aqqortionment: A discussion of benefits the services provide to properties within the District and the method of calculating each property's proportional special benefit and annual assessment. This section also identifies and outlines an Assessment Range Formula that provides for an annual adjustment to the Maximum Assessment Rate that establishes limits on future assessments, but also provides for reasonable cost adjustments due to inflation without the added expense of additional property owner protest ballot proceedings. Part III The District Budqet: An estimate of the annual costs to operate, maintain and service the drainage basin improvements and facilities installed and constructed to support current and proposed development within the District. This budget includes an estimate of anticipated direct maintenance costs and incidental expenses including, but not limited to administration expenses and the collection of appropriate fund balances to establish an initial Maximum Assessment Rate to be approved by the property owners of record. The special benefit assessments are based on the overall operation, maintenance and servicing costs minus any costs that are considered general benefit or not assessed as special benefit. The proposed assessments for the fiscal year 2010/2011, shall be based on the estimated net annual cost of operating, maintaining antl servicing the District improvements for that fiscal year. The proposed Maximum Assessments Rate (Rates per Equivalent Benefit Unit) identifietl in the budget of this Report establishes the Maximum Assessment Rate for the District in fiscal year 2010I2011 and shall be adjusted annually by the Assessment Range Formula described in the methotl of apportionment. Willdan Financial Services Page 2 City of Palm Desert Benefit Assessment District No. 1 Engineer's Report, Fiscal Year 2010/2011 Part IV District Diagram: A Diagram showing the exterior boundaries of the District is provided in this Report and includes all parcels that will receive special benefits from the services. Parcel identification,the lines and dimensions of each lot, parcel and subdivision of land within the District, are inclusive of all parcels as shown on the Riverside County Assessor's Parcel Maps as they existed at the time of the passage of the Resolution of Intention, and shall include all subsequent subdivisions, lot line adjustments or parcel changes therein. Reference is hereby made to the Riversitle County Assessor's maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District. Part V Assessment Roll: A listing of the proposed assessment amount to be applied to each parcel within the District for the fiscal year 2010/2011. The proposetl assessment amount for each parcel is based on the parcel's proportional special benefit as outlined in the method of apportionment and the proposed initial Maximum Assessment Rates. PART I—PLANS AND SPECIFICATIONS A. Benefiting Properties within the District The territory within the District consists of all lots, parcels and subdivisions of land within the subdivision known as Monterey 170 and the proposed subdivision known as Section 29, which encompasses an area of land totaling approximately four hundretl sixty acres (460 acres). The subdivisions are generally located: North of Gerald Ford; Southwest of Interstate 10; West of the Portola Avenue; and, East of Monterey Avenue. B. Funding authorized by the 1982 Act As generally tlefined by the 1982 Act and applicable to this District, the City may impose a benefit assessment to finance the maintenance, operation antl servicing costs associatetl with the tlrainage basin tlescribetl below. Willdan Financial Services Page 3 City of Palm Desert Benefit Assessment District No. 1 Engineer's Report, Fiscal Year 2010/2011 C. Description of Services The purpose of this District is to fund the activities necessary to operate, maintain and service the drainage basin constructetl in a portion of Section 29, Township 4 South, Range 6 East SBM and to be enlarged in connection with current and new development of properties. The maintenance, operation and servicing of these improvements may include but are not limited to all materials, equipment, labor, and incidental expenses deemed necessary to keep the drainage basin in satisfactory condition. The maintenance of the improvements and related activities shall be funtled entirely through the District assessments. The District services are generally described as: • Drainage basin maintenance that may inclutle but is not limited to inspection, repair, removal and replacement, and servicing of drainage basins, inlets, catch basins, manholes, outlets, drywells, pumps, filters and storm drain pipes installed in connection with the development of benefiting properties as well as any off-site improvements and facilities directly associated with the aforementioned infrastructure that is deemed necessary to service or protect the properties; • All appurtenant, equipment, materials and service contracts relatetl to the operation, maintenance and servicing of the aforementioned improvements and facilities; • Detailed maps antl descriptions of the location and extent of the specific improvements to be maintained by the District are on file in the Office of Public Works and by reference are made part of this Report. The annual cost to provide the services determined to be of special benefit shall be allocated to each property in proportion to the special benefits received from those various services. Drainage Basin Maintenance The drainage basin maintenance may include, but is not limited to: grading of access perimeter roatls, repair of erosion of slopes to access roatls, debris clearance, anchor mat repairs, dust control through the application of soil stabilization agents, weed abatement, mosquito and vector control, storm drain inlets and outlets, pumps, filters and pipes. The annual assessments for this District are intended to support the drainage basin and the maintenance program that will adequately regulate antl control storm water runoff resulting from current and proposed development within the District. This maintenance program may include but is not limitetl to: inspection and documentation of the system; cleaning, servicing or repair of the facilities and equipment; and the partial removal, replacement or rehabilitation of equipment and facilities. The drainage basin will cover an area of approximately 4 acres. The Public Works Department shal� authorize and schedule all operational activities and maintenance of the tlrainage basin. A portion of the services describetl above might not be performed on an annual basis but rather as a result of an extraordinary event, such as replacement of the anchor mats antl other major facility repairs, and the funds necessary for these activities are collectetl as part of the annual assessments. The monies collectetl each year for these extraortlinary services shall be �lldan Financial Se�vices Page 4 City of Palm Desert Benefit Assessment District No. 1 Engineer's Report, Fiscal Year 2010/2011 accumulated in a special fund of the District (Reserve Fund). The monies accumulated for these activities shall be spent as needed to perform the services deemed necessary by the City. This process of providing a reserve shall continue until such time the District is dissolved; or the City determines that such funding procetlures require motlification. Changes in the process of providing a reserve that would result in an increase to the annual assessment rate must be presented to the property owners for approval prior to imposing such an increase. PART II—METHOD OF APPORTIONMENT A. General The 1982 Act permits the establishment of assessment districts by agencies for the purpose of providing for the maintenance, operation and servicing of drainage and flood control improvements as weli as streets, roads and appurtenant facilities. The 1982 Act further requires that the cost of these improvements be levied accortling to benefit rather than assessed value: "rhe amount of the assessment imposed on any pa�cel of p�operty shall be related to the benefit to fhe parcel which will be de�ived f�om the p�o�ision of the service': Furthermore: "The annual aggregate amount of the assessment shall not exceed the estimated annual cost of pro viding the seivice, except that the legislative body may, by�esolution, dete�mine that the estimated cost of work autho�ized ... is g�eate� than can be con veniently raised f�om a single annual assessment and order that fhe estimated cost shall be�aised by an assessment levied and col%cted in installments.... The revenue de�ived f�om the assessment shall not be used to pay the cost of any service other than the ser�ice for which the assessment was le�ied. The method of apportionment described in this Report for allocation of special benefit assessments utilizes commonly accepted engineering practices and is in compliance with the provisions of the 1982 Act and the California Constitution. The formulas used for calculating assessments reflects the composition of parcels within the District and the improvements and services provided, to fairly apportion the costs basetl on the special benefits to each parcel. B. Benefit Analysis Each of the proposed services, antl the associated costs and assessments have been carefully reviewed, identified and allocated based on special benefit pursuant to the provisions of the 1982 Act and the California Constitution. The drainage basin improvements associated with this District are necessary and essential requirements for existing development, and the orderly development of future properties within the District to their full potential, consistent with the conditions for development of the properties, protection of downstream properties which woultl be negatively affected by increased storm runoff from the developetl properties without the basin, antl the Willdan Financial Services Page 5 City of Palm Desert Benefit Assessment District No. 1 Engineer's Report, Fiscal Year 2010/2011 applicable portions of the City General Plan. As such, the ongoing operation, servicing and maintenance of those improvements woultl otherwise be the tlirect financial obligation of each individual property owner. Since the existing parcels and proposed new development to be assessed are directly served by the drainage basin, each parcel has a direct investment in the proper maintenance of the various improvements that is over and above any general benefits that may be conferretl by such improvements and services. The construction and installation of these improvements are only necessary for the properties within the District. As such, these improvements were not required nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it has been determined that the ongoing maintenance, servicing and operation of the District improvements provitle no measurable general benefit to properties outside the District or to the public at large, but clearly provide distinct and special benefits to properties within the District. C.Assessment Methodology All costs associated with the services shall be fairly distributed among the parcels based upon the special benefit receivetl by each parcel. Additionally, in compliance with the California Constitution Article XIIID Section 4, each parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred to that parcel. The benefit formula usetl to determine the assessment obligation is therefore based upon both the services that benefit the parcels within the District as well as the gross acreage of each property as compared to other parcels that benefit from those services. The method of apportionment established for this District and describetl herein, reflects the proportional special benefit each property receives from the services based on the gross acreage of that parcel as compared to the total gross acreage of all properties within the District except those that retain runoff on-site antl do not receive any special benefit from those services. Equivalent Benefit Units In order to assess benefits equitably it is necessary to relate each property's proportional special benefits to the special benefits of all other properties within the District. The method of apportionment established for this district, formed under the 1982 Benefit Act, will utilize a weighted method of apportionment known as an Equivalent Benefit Unit (EBU) methodology. This proportional weighting may be based on several factors that may include, but are not limitetl to: the type of development (land use), development-status (developed versus undeveloped), size of the property, location of the property, development plans or restrictions, vehicular trip generation, street frontage, densities or other property related factors. Generally for most tlistricts the calculation of each parcel's proportional special benefit can be reasonably determined by applying one or more of these factors. Since the tlrainage basin will be constructed to retain runoff from the properties within the District Willdan Financial Services Page 6 City of Palm Desert Benefit Assessment District No. 1 Engineer's Report, Fiscal Year 2010/2011 and the cost of maintenance is directly related to the size of the basin, each parcel's proportional speciai benefit has been based on the parcel's gross acreage as compared to the total gross acreage of all other parcels within the District except those that retain runoff on-site and do not receive any special benefit from those services. Generally, storm water runoff occurs from the entire parcel before and after development. Thus the gross size of a parcel prior to development provides a relative comparison to the amount of runoff the parcel will contribute to the drainage basin antl thus the cost of maintenance. Therefore, it has been determined that for this District, each parcel's proportional benefit (Equivalent Benefit Units) shali be equal to the parcel's gross acreage before development(rountletl to two decimal places). Exempt Parcels—This land use identifies properties that are not assessed and are assigned 0.00 EBU. This land use classification may include but is not limited to: • Lots or parcels identified as public streets and other roadways (typically not assigned an APN by the County) which are otherwise included in the gross acreage of the parcel prior to development; • Dedicatetl public easements including open space areas, utility rights-of-way, greenbelts, parkways, parks or other publicly owned properties that are part of the District improvements or may provide other benefits to private properties within the District; • Private properties that cannot be tlevelopetl intlependently from an adjacent property, such as common areas, sliver parcels or bifurcated lots or properties with very restrictive development use but are included in the gross acreage prior to development; • Parcels owned by the school district, Coachella Valley Water District and private tlevelopers that will not be assessed as part of this benefit assessment district, since the runoff generated by these prope�ties shall be captured and retained onsite through the construction and gratling of the sites. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment, but shall be reviewetl annually by the assessment engineer to confirm the parcels' current development status. Government owned properties or public properties are not necessarily exempt properties and shall be subject to special benefit assessment unless it qualifies for an exempt status. The following formula is used to calculate each parcel's EBU (proportional benefit). Total Budget/Total EBU (Gross Acres)=Assessment Rate per EBU (Parcel's Acreage/Total Net Acreage)x Total EBU =Parcel's EBU Assessment Rate per EBU x Parcel's EBU= Parcel Levy Amount For all subsequent parcel subdivisions that result in a final map of buildable resitlential lots, the Willdan Financial Services Page 7 City of Palm Desert Benefit Assessment District No. 1 Engineer's Report, Fiscal Year 2010/2011 number of EBUs assigned to such lots shall be calculated by taking the EBU initially calculated for the original Parcei (identifietl at the time of this Report) and apportioning the original assigned EBUs equally to the new buildable residential lot(s) or by equivalent gross acreage for non- resitlential lots created by a subdivision map. The corresponding assessment shali be levied against the applicabie corresponding Assessor's Parcel Number(s). D.Assessment Range Formula Any new or increasetl assessment requires certain noticing and meeting requirements by law. Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This tlefinition and conditions were later confirmed through Senate Bill 919(Proposition 218 implementing legislation). If the proposed annual assessment (levy per EBU) for the upcoming fiscal year is less than or equal to the adjusted Maximum Assessment Rate, then the proposed annual assessment is not considered an increased assessment. The purpose of establishing an Assessment Range Formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures, which could add to the District costs and assessments. As part of the District formation, the notice and assessment ballots presented to the property owners for approval, inclutletl a maximum assessment amount for fiscal year 2007/2008 (initial maximum assessment), identification of the correspontling Maximum Assessment Rate and a summary of the Assessment Range Formula described herein. The Assessment Range Formula for this District shall be applied to all future assessments and is generally definetl: The Maximum Assessment Rate is equal to the (Initial) Maximum Assessment Rate established for fiscal year 2007/2008 adjusted annually by the greater of three percent (3%) or, the annual percentage change in the Consumer Price Index (CPI) of "All Urban Consumers" for the Los Angeles-Orange-Riverside Area for March. Beginning in the second fiscal year (fiscal year 2008/2009) and each fiscal year thereafter, the Maximum Assessment Rate will be recalculated and a new Maximum Assessment Rate established for the fiscal year utilizing the Assessment Range Formula describetl above. The adjusted Maximum Assessment Rate shall be calculated independent of the District's annual butlget and proposed assessment. The annual percentage change in CPI shall be based on available data provided by the U.S. Department of Labor; Bureau of Labor Statistics at the time the annual Report is prepared. 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 Willdan Financial Services Page 8 City of Palm Desert Benefit Assessment District No. 1 Engineer's Report, Fiscal Year 2010/2011 approved by the City Council for determining fluctuations in the cost of living. Any proposed annual assessment (rate per EBU) less than or equal to the calculatetl (adjusted) Maximum Assessment Rate is not considered an increasetl assessment, even if the proposed assessment is greater than the assessment applied in the prior fiscal year. To impose a new or increasetl assessment other than the annual inflationary adjustment provided by the preceding Assessment Range Formula, the City must comply with the provisions of the California Constitution Article XIIID Section 4c, that requires a public hearing and certain protest procedures including mailed notice of the public hearing and property owner protest balloting. Property owners, through the balloting process, must approve a proposed new or increased assessment before such an assessment may be imposetl. Willdan Financial Services Page 9 City of Palm Desert Benefit Assessment District No. 1 Engineer's Report, Fiscal Year 2010/2011 PART III—DISTRICT BUDGET Direct Costs Total Labor and Maintenance $ 79,439.61 Materials 84,370.34 Utilities 1,657.82 $ 165,467.77 Administration City Administration Overhead $ 12,272.05 Professional fees for Administration 5,478.59 CountyAdministration Fee 1,095.72 $ 18,846.36 RESERVE FUND (8.5% of Direct Costs) $ 14,064.76 BALANCE TO LEVY $ 198,378.90 Parcels Levied 518 Total EBU's (Gross Acres) 454.35 FY 201012011 MAXIMUM LEVY PER EBU $ 436.62 FY 201012011 LEVY PER EBU $ 436.62 FY200912010 MAXIMUM LEVY PER EBU $ 423.90 FY 200912010 LEVY PER EBU $ 423.90 �lldan Financial Services Page 10 City of Palm Desert Benefit Assessment District No. 1 Engineer's Report, Fiscal Year 2010/2011 PART IV-DISTRICT DIAGRAMS The parcels within Benefit Assessment District No. 1, Parcel Map No. 24255 (Monterey 170) / Assessment District 2004-02 (Section 29) consist of lots, parcels and subdivisions of land located in the planned resitlential and commercial development known as Section 29 and Monterey 170. The District covers approximately four hundred sixty acres (460 acres) in the City of Palm Desert. The following District Diagram is based on the Riverside County Assessor's Maps and the Riverside County Assessor's information and identifies all the parcels of land within the proposed District, as the same existed at the time this Report was prepared. The combination of this map and the Assessment Roll contained in this Report constitute the District Assessment Diagram. �lldan Financial Services Page 11 City of Palm Desert Benefit Assessment District No. 1 Engineer's Report, Fiscal Year 2010/2011 ASSE3SMENT DIAGBAM FOR TEIE C1TY OF PALM DESERT HENEFTf ASSES9l1ffiNT DIS'fflICT N0.1 CCI'Y OF PALM DSSP.RT,CAUNTY OF R1VERbTDE,51'ATE OP CALIPORNIA PROPOSED BOUNDARIES OF THE CITY OF PALM QESERT �10F1 BENEFIT ASSESSMENT DISTRIGT N0. 1 (MONTEREY 170 f SECTION 29) Cm oF auM oesear counTr oF ravERsioE sr��oF cuiFatNu FLE'�INlFEOFPICE0F7}EC�Y(YHUC71M8_d1Y0F 7001. ar I lER�YC9i1�Y7lNT7l49 MM 910MIN07lE PROP08E0 9d�MtlEE OF T!E ''�,,� cmo�axy o�r ee��r�xrdanacr ra,�p�a�rt�r��o raecnar � 7%,CITY OF WLLM OEBERf.COUM�YOF M910�B�ATE OF CMIFQRNA�WbAPPIiOY� BY7HE(TYCOIIiCL OF7XE IXIV OF PALMDE8H2f ATAREIX0.M 1EET[q TFEREOF. � IiabON7HE_d1Y0F .2D046YR3RElOLV1pNN0. �� CffYCIERI( pfYOFPAW DEBERT i � � IEGBA � moPoe�edxU41Y � NOfAPNR 3 � � � ; .�m� �MuniFinancial , r w �rr ��ws��r�s Willdan Financial Services Page 12 City of Palm Desert Benefit Assessment District No. 1 Engineer's Report, Fiscal Year 2010I2011 PART V-ASSESSMENT ROLL Parcel identification for each lot or parcel within the District is based on the Assessment Diagram presented herein and is based on available parcel maps and property data from the Riverside County Assessor's Office at the time the Engineer's Report was prepared. A listing of the proposed lots and parcels to be assessed within this District along with the assessment amounts is provided herein Non-assessable lots or parcels may include, but are not limited to public streets and other roadways (typically not assigned an APN by the County);dedicated public easements,open space areas, right-of- ways, common areas; bifurcated lots, and any other property that cannot be developed or has little or no value. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment. if any parcel submittetl for collection is identified by the County Auditor-Controller to be an invalid parcel number for the fiscal year, a corrected parcel number and/or new parcei numbers will be identified and resubmitted to the County Auditor-Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate described in this Report as approved by the City Council. Therefore, if a single parcel is subdivided to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment. Willdan Financial Services Page 13 Martinez, Gloria From: Moeller, Charlene [CMOELLER@palmspri.gannett.com] Sent: Tuesday, June 08, 2010 11:32 AM To: Martinez, Gloria Subject: RE: Legal Notice- Res 2010-33 for PH 06/24/10 FY 2010/11 BAD No. 1 Ad received and will publish on date(s) requested. Charlene Moeller Public Notice Customer Service Rep. The Desert Sun Newspaper ?50 N. Gene Autry Trail, Palm Springs, CA 92262 (760) 778-4578, Fax(760) 778-4731 Desert Sun leqals thedesertsun.com & Desert Post Weekly dpwlegais(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 08, 2010 11:17 AM To: tds-legals Cc: rstendell@cityofpalmdesert.org Subject: Legal Notice - Res 2010-33 for PH 06/24/10 FY 2010/11 BAD No. 1 PLEASE PUBLISH THE FOLLOWING: NOTICE OF PUBLIC HEARING Resolution No. 2010-33—Declaring Its Intention to Levy the Annual Assessment for Fiscal Year 2010/2011 for the City of Palm Desert Benefit Assessment District No. 01, Pursuant to the Benefit Assessment Act of 1982, and Appointing a Time and Place for the Public Hearing on These Matters. ONCE IN THE DESERT SUN Sunday,June 13, 2010 If you have any questions or require additional information, please give me a call. �'j?.C��r,t:a ?'j?a�'vwr�, O Records Technician City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 (760) 346-0611 Ext. 354 �martinez@cityofpalmdesert.or� i RESOLUTION NO. 2010-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENTION TO LEVY THE ANNUAL ASSESSMENT FOR FISCAL YEAR 2010/2011 FOR THE CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 01, PURSUANT TO THE BENEFIT ASSESSMENT ACT OF 1982, AND APPOINTING A TIME AND PLACE FOR THE PUBLIC HEARING ON THESE MATTERS THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA (HEREAFTER REFERRED TO AS THE "CITY COUNCIL"} HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: WHEREAS, the City Council by previous action and resolution formed the "City of Palm Desert Benefit Assessment District No. 01" (hereafter referred to as the "DistricY') pursuant to the Benefit Assessment Act of 1982, Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California commencing with Section 54703 (hereafter referred to as the "Act"); for the purposes of levying annual assessments upon benefiting properties within the District for the maintenance, operation and servicing of drainage basin and facilities related thereto; and, WHEREAS, a Report (hereafter referred to as the "Engineers Report") was prepared, filed and approved by the City Council in connection with the District and the levy of said assessments, pursuant to Section 54716 of said Act; and, WHEREAS, the City Council conducted property owner protest proceedings relating to the improvements and services described in the Formation Report and the levy and collection of annual assessments and an assessment range formula related thereto in accordance with the provisions of the California Constitution Article XIIID; and, NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, THE �EGISLATIVE BODY FOR SAID DISTRICT, AS FOLLOWS: Section 1 The City Council hereby declares its intention to seek the annual levy of the District assessments pursuant to the Act, over and including the land within the District boundaries to pay the costs of the operation, maintenance and servicing of the drainage basin and, improvements and expenses related thereto for fiscal year 2010/2011. Section 2 The boundaries of the District are described in the Engineer's Report and include the parcels within the District at the time of the Resolution of Intention and are identified on the Riverside County Assessor's Secured Roll (as of June 2007) and the Assessor's Parcel Map. RESOLUTION NO. 2010-33 Section 3 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 Council (Council Chambers), located at 73-510 Fred Waring Drive, Palm Desert, California. 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 2