HomeMy WebLinkAboutRes 2010-33 FY 2010-11 Initiate PD Benefit Assesment District CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: CONSIDERATION OF APPROVAL TO INITIATE PROCEEDINGS
TO LEVY THE ANNUAL ASSESSMENT FOR FISCAL YEAR
2010/2011 FOR THE CITY OF PALM DESERT BENEFIT
ASSESSMENT DISTRICT NO. 01
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
DATE: May 27, 2010
CONTENTS: Resolution No. 2010-33
Preliminary Engineer's Report
Recommendation
Waive further reading and adopt:
1. Resolution No. 2010-33 declaring 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.
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.
Staff recommends that the City Council declare its intention to levy the full assessment
and set the public hearing date for June 24, 2010, pursuant to state law.
Staff Report
Approval to Levy Full Assessment for the City of Palm Desert Benefit Assessment District No. 1
May 27, 2010
Page 2 of 2
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: Departmen H ad
i
Ryan Stendell Mark Greenwo d, P.E.
Senior Management Analyst Director of Public Works
aul S. Gibson, Director of Finance CITYCOUNCILA�TION
APPROVED �°'� t)ENiED
RECEIVED OTHER
Ap ve � --�� MEET G DA � ��
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ABSENT: '�
J M. Wohlmuth, City Manager ABSTAIN:
VERIFIED BY: �
Original on File with City erk's Office
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
"District") pursuant to the Benefit Assessment Act of 1982, Chapter 6.4, Division 2, Title
5 of the Government Code of the State of California commencing with Section 54703
(hereafter referred to as the "Act"); for the purposes of levying annual assessments
upon benefiting properties within the District for the maintenance, operation and
servicing of drainage basin and facilities related thereto; and,
WHEREAS, a Report (hereafter referred to as the "Engineers Report") was
prepared, filed and approved by the City Council in connection with the District and the
levy of said assessments, pursuant to Section 54716 of said Act; and,
WHEREAS, the City Council conducted property owner protest proceedings
relating to the improvements and services described in the Formation Report and the
levy and collection of annual assessments and an assessment range formula related
thereto in accordance with the provisions of the California Constitution Article XIIID;
and,
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY
THE CITY COUNCIL OF THE CITY OF PALM DESERT, THE LEGISLATIVE BODY
FOR SAID DISTRICT, AS FOLLOWS:
Section 1 The City Council hereby declares its intention to seek the annual levy of
the District assessments pursuant to the Act, over and including the land within the
District boundaries to pay the costs of the operation, maintenance and servicing of the
drainage basin and, improvements and expenses related thereto for fiscal year
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 DAY OF , 2010.
AYES:
NOES:
ABSENT:
ABSTAINED:
CINDY FINERTY, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT
Page 2
CITY OF PALM DESERT
ENGINEER'S REPORT FOR
BENEFIT ASSESSMENT DISTRICT N0. 1
FISCAL YEAR 2010/2011
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CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT N0. 1
Intent Meeting: May 27,2010
Public Hearing: June 10,2010
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ENGINEER'S REPQRT AFFIDAVIT
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 enclosed budget, assessments, descriptions and diagrams describe the
Benefit Assessment District No.i, and include each lot, parcel, and subdivision of land within said
District, as the same existed at the time of the passage of the Resolution of Intention. Reference is
hereby made to the Riverside County of Assessor's maps for a detailed description of the lines and
dimensions of parcels within the District. The undersigned respectfully submits the enclosed
Report as directed by the City Council.
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Dated this Z7 tlay of °°'L , 2010.
Willdan Financial Services
Assessment Engineer
On Behalf of the City of Palm Desert
By. Q,�w�4 �
Adina Vazquez,Senior Project Manager
District Administration Services
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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'), antl in compliance with the substantive and procedural requirements of the California State
Constitution Article XIIID (hereafter referred to as the "California Constitution"), the City Council of
the City of Palm Desert, County of Riverside, State of California (hereafter referred to as "City"),
proposes to levy special benefit assessments for the tlistrict designated as:
City of Palm Desert Benefit Assessment District No. 1
(hereafter referretl 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 inclutled in the District are also known as Parcel Map No. 24255 (Monterey 170) /
Assessment District 2004-02(Section 29).
This Report tlescribes 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 continued operation, maintenance and servicing of the drainage
basin, including expansions thereto.
The services and assessments tlescribetl 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
assignetl 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, Artic% XlllD Section 4. In conjunction with this ballot proceeding, the City Council
conducted a noticed public hearing to consider public testimonies, comments antl written protests
regartling the formation of the District and levy of assessments. At the public hearing, property
owner protest ballots received were tabulated and a majority protest tlid not exist for the proposed
assessments and the assessment range formula presented antl described herein. The City Council
approved the Report, ordered the formation of the District, and approved the levy and collection of
assessments.
Willdan Financial Services Page 1
City of Palm Desert Benefit Assessment District No. 1
Engineer's Report, Fiscal Year 2010/2011
Each subsequent fiscal year, a Report is prepared and presented to the City Council describing
any changes to the proposetl services, the annual budget and assessments for that fiscal year, and
the City Council shall hold a noticed public hearing regarding these matters prior to approving and
ortlering the proposetl levy of assessments. If the proposed assessments for the District exceed
the maximum assessment described herein (as approved by the property owners), the new or
increased assessment must be confirmed through another property owner protest ballot
proceeding before such an assessment may be imposed. It should be noted that an increased
assessment to an indivitlual property resulting from changes in tlevelopment or land use does not
constitute an increased assessment.
This Report consists of five (5) parts:
Part I
Plans and Specifications: A description of the District boundaries and the proposed
improvements associated with the District.
Part II
The Method of Apportionment: A discussion of benefits the services provitle to properties within
the District and the method of calculating each property's proportional special benefit and annual
assessment. This section also itlentifies 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 addetl
expense of additional property owner protest ballot proceedings.
Part III
The District Budget: An estimate of the annual costs to operate, maintain and service the
drainage basin improvements and facilities installed and constructed to support current and
proposed development within the District. This budget includes an estimate of anticipatetl tlirect
maintenance costs and incidental expenses including, but not limited to administration expenses
and the collection of appropriate funtl 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 consitlered general
benefit or not assessed as special benefit. The proposetl 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 proposetl Maximum Assessments Rate (Rates
per Equivalent Benefit Unit) identified in the budget of this Report establishes the Maximum
Assessment Rate for the District in fiscal year 2010/2011 and shall be adjusted annually by the
Assessment Range Formula tlescribed in the method of apportionment.
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City of Palm Desert Benefit Assessment District No. 1
Engineer's Report, Fiscal Year 2010/2011
Part IV
District Diaqram: A Diagram showing the exterior boundaries of the District is provided in this
Report and inclutles 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 inclutle all subsequent
subdivisions, lot line adjustments or parcel changes therein. Reference is hereby made to the
Riverside County Assessor's maps for a tletailed 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 applietl to each parcel
within the District for the fiscal year 2010I2011. The proposed assessment amount for each parcel
is based on the parcel's proportional special benefit as outlined in the method of apportionment
and the proposed initial Maximum Assessment Rates.
PART I —PLANS AND SPECIFICATIONS
A. Benefiting Properties within the District
The territory within the District consists of all lots, parcels and subdivisions of land within the
subdivision known as Monterey 170 and the proposed subdivision known as Section 29, which
encompasses an area of land totaling approximately four 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 defined by the 1982 Act antl applicable to this District, the City may impose a benefit
assessment to finance the maintenance, operation and servicing costs associated with the
drainage basin described below,
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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, main#ain and service the
drainage basin constructed in a portion of Section 29, Township 4 South, Range 6 East SBM and
to be enlarged in connection with current antl 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 antl related activities shall be funtled
entirely through the District assessments. The District services are generally described as:
• Drainage basin maintenance that may include but is not limited to inspection, repair,
removal and replacement, antl 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 associatetl with the aforementioned infrastructure that is deemed
necessary to service or protect the properties;
• All appurtenant, equipment, materials and service contracts related to the operation,
maintenance and servicing of the aforementioned improvements and facilities;
• Detailed maps and descriptions of the location antl extent of the specific improvements to
be maintained by the District are on file in the Office of Public Works and by reference are
made part of this Report. The annual cost to provide the services determined to be of
special benefit shall be allocated to each property in proportion to the special benefits
received from those various services.
Drainage Basin Maintenance
The drainage basin maintenance may include, but is not limited to: grading of access perimeter
roads, repair of erosion of slopes to access roads, debris clearance, anchor mat repairs, dust
control through the application of soil stabilization agents, weed abatement, mosquito and vector
control, storm drain inlets and outlets, pumps, filters and pipes. The annual assessments for this
District are intendetl to support the drainage basin and the maintenance program that will
atlequately regulate and control storm water runoff resulting from current and proposetl
development within the District. This maintenance program may inclutle but is not limited to:
inspection and documentation of the system; cleaning, servicing or repair of the facilities and
equipment; antl 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 shall
authorize and schetlule all operational activities and maintenance of the tlrainage basin.
A portion of the services described above might not be performed on an annual basis but rather as
a result of an extraordinary event, such as replacement of the anchor mats and other major facility
repairs, and the funds necessary for these activities are collected as part of the annual
assessments. The monies collected each year for these extraordinary services shall be
Willdan Financial Services 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 procedures require modification. 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 approvai 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
provitling for the maintenance, operation antl servicing of drainage and flood control improvements
as well as streets, roads and appurtenant facilities. The 1982 Act further requires that the cost of
these improvements be levied according to benefit rather than assessed value:
"The amount of the assessment imposed on any parcel of p�openy shall be related to the benefit to
the pa�cel which will be derived f�om the p�o�ision of the sen�ice':
Furthermore:
"T'he annual aggregate amount of the assessment shall not exceed the estimated annual cost of
providing the seruice, except that the legislative bodymay, by�esolution, determine fhat the
estimated cost of work authorized ... is g�eate� than can be con veniently�aised f�om a single
annual assessment and orde�that the estimated cost shall be�aised by an assessment le vied and
col%cted in installments.... The�evenue derived f�om the assessment shall not be used to pay the
cosf of any ser►�ice other than the ser�ice fo�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 antl the California Constitution. The formulas used for calculating assessments reflects
the composition of parcels within the District and the improvements and services providetl, to fairly
apportion the costs based on the special benefits to each parcel.
B. Benefit Analysis
Each of the proposed services, and the associated costs and assessments have been carefully
reviewetl, identifietl 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 ortlerly development
of future properties within the District to their full potential, consistent with the conditions for
development of the properties, protection of downstream properties which would be negatively
affected by increased storm runoff from the developed properties without the basin, antl the
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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 would 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 conferred by such improvements and services.
The construction and installation of these improvements are on�y necessary for the properties
within the District. As such, these improvements were not required nor necessarily desired by any
properties or developments outside the District boundary and any public access or use of the
improvements by others is incidental. Therefore, it has been determined that the ongoing
maintenance, servicing and operation of the District improvements provide no measurable general
benefit to properties outside the District or to the public at large, but clearly provide tlistinct antl
special benefits to properties within the District.
C.Assessment Methodology
All costs associated with the services shall be fairly distributetl among the parcels based upon the
special benefit received by each parcel. Additionally, in compliance with the California Constitution
Article XIIID Section 4, each parcel's assessment may not exceed the reasonable cost of the
proportional special benefit conferred to that parcel. The benefit formula used to determine the
assessment obligation is therefore based upon both the services that benefit the parcels within the
District as well as the gross acreage of each property as compared to other parcels that benefit
from those services.
The methotl of apportionment established for this District and described herein, reflects the
proportional special benefit each property receives from the services based on the gross acreage
of that parcel as compared to the total gross acreage of all properties within the District except
those that retain runoff on-site and do not receive any special benefit from those services.
Equivalent Benefit Units
In ortler 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 methotl 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 limited to: the
type of development (land use), development-status (developed versus untleveloped), size of the
property, location of the property, development plans or restrictions, vehicular trip generation,
street frontage, tlensities or other property relatetl factors. Generally for most districts the
calculation of each parcel's proportional special benefit can be reasonably tletermined by applying
one or more of these factors.
Since the drainage basin will be constructed to retain runoff from the properties within the District
�lldan Financial Se�vices 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
special benefit has been based on the parcel's gross acreage as compared to the total gross
acreage of all other parcels within the District except those that retain runoff on-site and do not
receive any special benefit from those services. Generally, storm water runoff occurs from the
entire parcel before and after development. Thus the gross size of a parcel prior to development
provides a relative comparison to the amount of runoff the parcel will contribute to the drainage
basin and thus the cost of maintenance. Therefore, it has been determined that for this District,
each parcel's proportional benefit (Equivalent Benefit Units) shall be equal to the parcel's gross
acreage before development(rounded to two decimal places).
Exempt Parcels—This lantl 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 itlentified as public streets antl other roadways (typicaliy not assigned an
APN by the County) which are otherwise included in the gross acreage of the parcel prior
to development;
• Dedicated public easements including open space areas, utility rights-of-way, greenbelts,
parkways, parks or other publicly owned properties that are part of the District
improvements or may provide other benefits to private properties within the District;
• Private properties that cannot be developed 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 tlevelopment;
• Parcels ownetl by the school tlistrict, Coachella Valley Water District and private
developers that will not be assessed as part of this benefit assessment district, since the
runoff generated by these properties shall be capturetl and retained onsite through the
construction and grading of the site's.
These types of parcels are consideretl to receive little or no benefit from the improvements and are
therefore exempted from assessment, but shall be reviewed annually by the assessment engineer
to confirm the parcels' current development status. Government owned properties or public
properties are not necessarily exempt properties 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 residential 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 Parcel (identified at the time of this Report) and apportioning the original assignetl
EBUs equally to the new buildable residential lot(s) or by equivalent gross acreage for non-
residential lots createtl by a subdivision map. The correspontling assessment shall be levied
against the applicable 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 tloes not exceed an assessment formula or range
of assessments previously adopted by the agency or approved by the voters in the area where the
assessment is imposed." This definition and conditions were later confirmed through Senate Bill
919(Proposition 218 implementing legislation).
If the proposed annual assessment (levy per EBU) for the upcoming fiscal year is less than or
equal to the adjusted Maximum Assessment Rate, then the proposed annual assessment is not
considered an increased assessment.
The purpose of establishing an Assessment Range Formula is to provide for reasonable increases
and inflationary adjustment to annual assessments without requiring costly noticing and mailing
procedures, which could add to the District costs antl assessments. As part of the District
formation, the notice and assessment ballots presentetl to the property owners for approval,
included a maximum assessment amount for fiscal year 2007/2008 (initial maximum assessment),
identification of the corresponding Maximum Assessment Rate and a summary of the Assessment
Range Formula tlescribed herein.
The Assessment Range Formula for this District shall be applied to all future assessments antl is
generally defined:
The Maximum Assessment Rate is equal to the (Initial) Maximum Assessment Rate established for
fiscal year 2007/2008 adjustetl 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 fiscaf year thereafter, the
Maximum Assessment Rate will be recalculated and a new Maximum Assessment Rate
established for the fiscal year utilizing the Assessment Range Formula described above. The
atljusted Maximum Assessment Rate shall be calculated intlependent of the District's annual
budget and proposed assessment. The annual percentage change in CPI shall be based on
available tlata provided by the U.S. Department of Labor; Bureau of Labor Statistics at the time the
annual Report is prepared. Should the Bureau of Labor Statistics revise such index or discontinue
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 calculated (adjusted)
Maximum Assessment Rate is not consitlered an increased assessment, even if the proposed
assessment is greater than the assessment applied in the prior fiscal year.
To impose a new or increased assessment other than the annual inflationary adjustment provided
by the preceding Assessment Range Formula, the City must comply with the provisions of the
California Constitution Article XIIID Section 4c, that requires a public hearing and certain protest
procedures including mailed notice of the public hearing and property owner protest balloting.
Property owners, through the balloting process, must approve a proposed new or increased
assessment before such an assessment may be imposed.
Willdan Financial Se�vices 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
Maferials 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
Willdan 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 residential and commercial development known as Section 29 antl Monterey 170.
The District covers approximately four hundretl sixty acres (460 acres) in the City of Palm Desert.
The following District Diagram is basetl 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
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Willdan Financial Services Page 12
City of Palm Desert Benefit Assessment District No. 1
Engineer's Report, Fiscal Year 2010/2011
PART V-ASSESSMENT ROLL
Parcei identification for each lot or parcel within the District is based on the Assessment Diagram
presented herein and is basetl on available parcel maps and property tlata from the Riverside County
Assessor's Office at the time the Engineer's Report was prepared. A listing of the proposed lots and
parcels to be assessed within this District along with the assessment amounts is provided herein
Non-assessable lots or parcels may include, but are not limited to public streets and other roadways
(typically not assigned an APN by the County); dedicated public easements,open space areas, right-of-
ways, common areas; bifurcated lots, and any other property that cannot be developed or has little or
no value. These types of parcels are considered to receive little or no benefit from the improvements
and are therefore exempted from assessment.
If any parcel submitted for collection is identified by the County Auditor-Controller to be an invalid parcel
number for the fiscai year, a corrected parcel number and/or new parcel numbers will be identified and
resubmitted to the County Auditor-Controller. The assessment amount to be levied and collected for the
resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate
described in this Report as approved by the City Council. Therefore, if a single parcel is subdivided to
multiple parcels, the assessment amount applied to each of the new parcels shail be recalculated and
applied according to the approved method of apportionment and assessment rate rather than a
proportionate share of the originai assessment.
Willdan Financial Services Page 13