HomeMy WebLinkAboutInitiate AD - PD Tamarisk and Adjcnt Prop District 12CITY OF PALM DESERT
OFFICE OF THE CITY MANAGER
STAFF REPORT
REQUEST: ADOPTION OF RESOLUTION NO. 2014-1 � INITIATION OF
ASSESSMENT DISTRICT PROCEEDINGS FOR
UNDERGROUNDING �F IJTiLiTIES AT PALM QESERT
TAMARISK AND ADJACENT PROPERTIES (DISTRICT 12) AND
RESOLUTION NO. 2014- 12 AND RES�LUTION NO. SARDA
n�� APPROVING THE EXECUTION OF A DISTRICT 12
(TAMARISK) UTILITY UNDERGROUNDING PROJECT BOND
PROCEEDS FUNDING AGREEMENT BETWEEN THE
SUCCESSOR AGENCY TO THE PALM DESERT
REDEVELOPMENT AGENCY AND THE CITY OF PALM DESERT
AND TAKING CERTAIN RELATED ACTIONS
DATE: February 27, 2014
CONTENTS: Resolution No. 2014- i i
Resolution No. 2014-�
Resolution No. SARDA n�s
Reimbursement Agreement (C )
Petitions Cover Page
City Clerk Certification of Petitions
Southern California Edison ROM Letter
Recommendation:
By Minute Motion that the City Council and the Successor Agency Board:
1) Adopt Resolution No. 2014-11 , initiating proceedings for the undergrounding
of overhead electric and communication utility facilities to underground
facilities pursuant to the provisions of Chapter 12.12 of the Code of the City of
Palm Desert, California and the Municipal Improvement Act of 1913.
2) Adopt Resolution No.2o14-12.and Resolution No. SARDA-n25 approving
the execution of a District 12 (Tamarisk) Utility Undergrounding Project Bond
Proceeds Funding Agreement between the Successor Agency to the Palm
Desert Redevelopment Agency and the City of Palm Desert and taking
certain related action.
3) Approve and authorize the Executive Director, Mayor, and Chair to execute
the District 12 (Tamarisk) Utility Undergrounding Project Funding Agreement.
4) Appropriate $400,000 from Account #400-4256-464-4001 to pay for
engineering fees that will allow project design to proceed.
Staff Report
Tamarisk/District 12 Utility Undergrounding District Staff Report
February 27, 2014
Page 2 of 3
Executive Summary:
Adoption of the above resolution begins the process of forming an assessment district
for undergrounding of utilities in the Palm Desert Tamarisk area. The next step will be
for the City to hire an assessment district engineer and report back to City Council with
a recommendation.
Discussion:
After several meetings between staff and residents of Palm Desert's Tamarisk
neighborhood, volunteers went door-to-door to gather owners' signatures requesting
that the City of Palm Desert begin the formation of an assessment district for
undergrounding utilities. The total number of property owners in this district is 88, and
the number of signatures certified by the City Clerk's office is 62. This represents 70
percent (70%) of the property owners within the district.
The 70 percent {70%) certification of petition signatures qualifies this assessment
district to participate in the City's utility undergrounding assistance program. Southern
California Edison's preliminary rough order of magnitude cost estimate for the
assessment district is $2.5 mitlion ($2,500,000.00). This estimate has an estimated
accuracy variance of plus or minus 40 percent (40%). Verizon and Time Warner Cable
have provided similar rough order of magnitude estimates for their portion of the
infrastructure to be undergrounded in the amounts of $160,116.99 and $133,811.00
respectively for a total rough estimate project cost of $2,793,927.99. The project's
estimated cost has been discussed at length with the property owners. Attached to this
report is the petitions cover page that gives the property owners specific information.
More information and a more precise cost estimate of the proposed Tamarisk Utility
Undergrounding District (District 12) will be available after Southern California Edison
(SCE) has completed its design of the project. SCE requires a calculated Advanced
Engineering Fee to begin final design of the project. If the City Council approves staff's
recommendation, staff will submit the required written request to SCE along with the
fee, which typically is approximately 10 percent of the initial estimated project cost.
After the fee has been paid, it will take approximately ten months to finish the design
and put the project out to bid. Once the bid prices are known, the engineer will spread
the assessment and complete the engineer's report. If all goes well, ballots will be sent
out to the property owners for the confirmation vote. If successful, construction could
start in 2015.
Recently, a group of property owners on Heliotrope Drive have submitted a petition to
form their own utility undergrounding assessment district. Staff will work with the project
and assessment engineers for the proposed Tamarisk district to determine whether it
would be feasible and cost effective to combine the two proposed districts into a single
project.
g:�rda\david hcrmann\word files\pio\undergrounding\tamarisk undergrounding\tamarisk district resolution staff report 02-27-2014.doc
Staff Report
Tamarisk/District 12
February 27, 2014
Page 3 of 3
Fiscal Analysis
Utility Undergrounding District Staff Report
Although the General Fund would initially advance the funds for this work, it is the intention
of the Successor Agency to reimburse the City from redevelopment bond proceeds as utility
undergrounding improvements are included in the bond covenants. Expenditure of City
�unds is cor�tingent on appraval o� the reimburser�ent agreemer�t between the City and the
Successor Agency to the Palm Desert Redevelopment Agency by the Oversight Board of
the Successor Agency to the Palm Desert Redevelopment Agency.
Prepared By:
,��.-�:_D l -
David Hermann, Management Analyst
Reviewed and Concur:
Paul S. Gibson, Director of Finance
CITY COUNCILAC�TON
APPROVED � nErlrEn
RECEIVED OTHER
DA
AYES: �� ��, t_'_i
NOES: ��
ABSENT: n
ABSTAIN: n �
VERIFIED BY: `���
Original on Fi1e with
Oftice
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'1J�t4Fi7� AS _.,. .�, � � _ ..... '
n M. Wohlmuth
� Manager/Executive Director of the Successor Agency of the Palm Desert
ievelopment Agency
g:�rda\david hermann\word files\pio\undergmunding\tamarisk undergrounding\tamarisk district resolution staff report 02-27-2014.doc
RESOLUTION �n� 4_11
RESOLUTION OF THE CITY OF PALM DESERT, CALIFORNIA
INITIATING PROCEEDINGS FOR THE UNDERGROUNDING OF OVERHEAD
ELECTRIC AND COMMUNICATION UTILITY FACILITIES TO UNDERGROUND
FACILITIES PURSUANT TO THE PROVISIONS OF CHAPTER 12.12 OF THE CODE
OF THE CITY OF PALM DESERT, CALIFORNIA AND THE MUNICIPAL
IMPROVEMENT ACT OF 1913.
WHEREAS, the City Council desires to initiate proceedings for the
formation of a utility/underground assessment district hereinafter referred to as
the "District" pursuant to the provisions of Chapter 12.12 of the Code of the City
of Palm Desert, California and the Municipal Improvement Act of 1913 for the
formation of said underground assessment district and the levy and collection of
taxes and assessment by the County of Riverside for the City of Palm Desert to
pay for the improvements and the activities therein;
_�.
WHEREAS, pursuant to the above authority, a written petition of the
property owners within the said District representing more than fifty percent (50%) of the
proposed assessment to be levied has been presented to the City Council; and
WHEREAS, the City Council has determined that it is necessary that an
engineering report be prepared for presentation at a public hearing to provide
information about the extent of the utilities participation and the estimates of the total
72500.00001 \8555841.1
Resolution No. ��1
costs to the City and the affected property owners which shall also include an estimate
of the time required to complete said underground installation and removal of overhead
facilities.
NOW, THEREFORE, the City Council of the City of Palm Desert,
California does hereby resolve as follows:
1. The above recitals are true and correct.
2. The boundaries of the district are established in accordance with
Exhibit "A" attached to this Resolution and made a part hereof and
designated as the Palm Desert Tamarisk Utility Underground
Assessment District (District 12).
3. City Council does hereby authorize and order a report to be
prepared to provide all such information as is required for
presentation to the participants to be assessed within the said
District.
4. That upon receipt of such report, the City Council will set a public
hearing at which time all persons desiring to be heard may present
written or oral comments to said report and formation of such
District.
oz�, s�zo, a
2
72500.00001 \85 55841.1
Resolution No. �ni �-11
PASSED, APPROVED AND ADOPTED this day of
, 2014, by the City Council of the City of Palm Desert, California, by
the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Van Tanner, Mayor
City of Palm Desert, California
ATTEST:
�
Rachelle Klassen, City Clerk
City of Palm Desert, California
APPROVED AS TO FORM:
�
David J. Erwin, City Attorney
City of Palm Desert, California
02J18/2014
�
72500.00001\85558411
RESOLUTION NO. 2n� 4_t 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT APPROVING THE EXECUTION OF A DISTRICT 12
(TAMARISK) UTILITY UNDERGROUNDING PROJECT BOND
PROCEEDS FUNDING AGREEMENT BETWEEN THE SUCCESSOR
AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AND
THE CITY AND TAKING CERTAIN RELATED ACTIONS
RECITALS:
A. The Palm Desert Financing Authority (the "Financing Authority") previausly
issued its Tax Allocation Revenue Bonds (Project Area No. 1, As Amended), 2006
Series A, in the principal amount of $37,780,000 (the "2006A Bonds"), pursuant to an
Indenture of Trust, dated as of July 1, 2006, by and between the Financing Authority
and Wells Fargo Bank, National Association, as trustee (the "Trustee").
B. Pursuant to the Loan Agreement, dated as of July 1, 2006 (the "Loan
Agreement"), by and among the Financing Authority, the former Palm Desert
Redevelopment Agency (the "Former RDA"), and the Trustee, proceeds of the 2006A
Bonds were lent to the Former RDA as a loan (the "Loan").
C. The Former RDA caused a portion of the proceeds of the 2006A Bonds
received as part of the Loan to be deposited into a Project Fund (the "2006A Project
Fund"), which was established, and is held by, the Trustee pursuant to the Loan
Agreement.
D. Pursuant to the Loan Agreement, moneys in the 2006A Project Fund shall
be disbursed from time to time to finance the cost of redevelopment projects in or of
benefit to the Former Agency's Project Area No. 1, As Amended (the "Project Area").
E. As documented by the Official Statement, dated June 22, 2006, and the
Certificate Regarding Compliance with Certain Tax Matters, dated as of July 6, 2006
(the "Tax Certificate"), it was intended, at the issuance of the 2006A Bonds, that the
projects to be financed from moneys deposited in the 2006A Project Fund include,
among others, the District 12 (Tamarisk) Utility Undergrounding Project (including initial
project design and assessment engineering) for the Project (the "Tamarisk Utility
Undergrounding Project").
F. Pursuant to AB X1 26 (which became effective at the end of June 2011)
and the California Supreme Court's decision in California Redevelopment Association,
et al. v. Ana Matosantos, et al., 53 Cal.4th 231(2011), the Former RDA was dissolved
as of February 1, 2012, and the Successor Agency was constituted.
G. AB 1484, which became effective at the end of June 2012, amended and
supplemented the provisions of AB X1 26. Together, AB X1 26 and AB 1484 are
referred to in this Agreement as the "Dissolution Act."
GUda�David Hermann\Word Files\PIO1UndergroundinglTamarisk Undergrounding\City Resolutlon Project Area No 1 Bond Proceeds Funding Agmt - Tamarisk
Undergrounding.doc
RESOLUTION NO. �_12
H. Pursuant to Section 34175(b) of the California Health and Safety Code
("HSC"), all assets, properties, contracts, leases, books and records, buildings, and
equipment of the Former RDA, including all unspent proceeds of the 2006A Bonds
remaining in the 2006A Project Fund (the "2006A Bond Proceeds"), transferred to the
control of the Successor Agency by operation of law.
I. According to HSC Section 34191.4, after the receipt by the Successor
Agency of a finding of completion (the "Finding of Completion") issued by the California
State Department of �inance (the iiD��") pursuant to MS� �ection 34179.7, the 2006A
Bond Proceeds shall be used for the purposes for which the 2006A Bonds were sold, in
a manner consistent with the original bond covenants.
J. By DOF's letter, dated May 15, 2013, the DOF informed the Successor
Agency that the DOF has issued a Finding of Completion to the Successor Agency.
K. There remains a balance of 2006A Bond Proceeds in the 2006A Project
Fund (in the amount of $15,630,738 as of December 31, 2013).
L. The Successor Agency desires to use a portion of the 2006A Bond
Proceeds for completion of work with respect to the Tamarisk Utility Undergrounding
Project Project.
M. Because of the limited staffing of the Successor Agency and the traditional
role and the established procedures of the City of Palm Desert (the "City") with respect
to the awarding of public works contracts, the Successor Agency and the City desire to
enter into the District 12 (Tamarisk) Utility Undergrounding Project Bond Proceeds
Funding Agreement, pursuant to which the City will agree to perform or cause to be
performed all work required to complete the District 12 (Tamarisk) Utility
Undergrounding Project, with payment therefor to be made from the 2006A Bond
Proceeds.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM
DESERT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Recitals. The above recitals, and each of them, are true and
correct.
Section 2. District 12 (Tamarisk) Utilitv Underqrounding Bond Proceeds
Funding Aqreement. The District 12 (Tamarisk) Utility Undergrounding Project Bond
Proceeds Funding Agreement, in the form attached hereto as Exhibit A, is hereby
approved. Each of the Mayor (or in the Mayor's absence, the Mayor Pro Tem) and the
City Manager (each, an Authorized Officer"), individually, is hereby authorized to
execute and deliver, for and in the name of the City, the District 12 (Tamarisk) Utility
Undergrounding Project Bond Proceeds Funding Agreement, in substantially such
form, with changes therein as the Authorized Officer executing the same may approve
(such approval to be conclusively evidenced by the execution and delivery thereof).
G:Utla\Davitl Hermann\Word Files1P101Undergrounding\Tamarisk Undergrounding\City Resolution Project Area No 1 Bond Proceeds Funtling Agmt - Tamarisk
Undergrounding.doc
0
RESOLUTION NO. 2014_12
Section 3. Other Acts. The Authorized Officers and all other officers of the
City are hereby authorized, jointly and severally, to execute and deliver any and all
necessary documents and instruments and to do all things which they may deem
necessary or proper to effectuate the purposes of this Resolution and the District 12
(Tamarisk) Utility Undergrounding Project Bond Proceeds Funding Agreement. Any
actions previously taken by officers of the City consistent with the purposes of this
Resolution, the District 12 (Tamarisk) Utility Undergrounding Project Bond Proceeds
Funding Agreement are hereby ratified and confirmed
Section 4. Effective Date. This Resolution shall take effect immediately upon
adoption.
APPROVED and ADOPTED this day of , 2014.
AYES:
NOES:
ABSENT:
ABSTAIN:
VAN TANNER, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
G:Uda\David HermannlWord Files\PIO\UndergroundinglTamarisk Undergrounding\City Resolution Project Area No 1 Bond Proceeds Funding Agmt - Tamarisk
Undergrounding.doc
RESOLUTION NO.
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT
AGENCY APPROVING THE EXECUTION OF A DISTRICT 12
(TAMARISK) UTILITY UNDERGROUNDING PROJECT BOND
PROCEEDS FUNDING AGREEMENT BETWEEN THE SUCCESSOR
AGENCY AND THE CITY OF PALM DESERT AND TAKING CERTAIN
R€LAT€D ACTION�
RECITALS:
A. The Palm Desert Financing Authority (the "Financing Authority") previously
issued its Tax Allocation Revenue Bonds (Project Area No. 1, As Amended), 2006
Series A, in the principal amount of $37,780,000 (the "2006A Bonds"), pursuant to an
Indenture of Trust, dated as of July 1, 2006, by and between the Financing Authority
and Wells Fargo Bank, National Association, as trustee (the "Trustee").
B. Pursuant to the Loan Agreement, dated as of July 1, 2006 (the "Loan
Agreement"), by and among the Financing Authority, the former Palm Desert
Redevelopment Agency (the "Former RDA"), and the Trustee, proceeds of the 2006A
Bonds were lent to the Former RDA as a loan (the "Loan").
C. The Former RDA caused a portion of the proceeds of the 2006A Bonds
received as part of the Loan to be deposited into a Project Fund (the "2006A Project
Fund"), which was established, and is held, by the Trustee pursuant to the Loan
Agreement.
D. Pursuant to the Loan Agreement, moneys in the 2006A Project Fund shall
be disbursed from time to time to finance the cost of redevelopment projects in or of
benefit to the Former Agency's Project Area No. 1, As Amended (the "Project Area").
E. As documented by the Official Statement, dated June 22, 2006, and the
Certificate Regarding Compliance with Certain Tax Matters, dated as of July 6, 2006
(the "Tax Certificate"), it was intended, at the issuance of the 2006A Bonds, that the
projects to be financed from moneys deposited in the 2006A Project Fund include,
among others, the District 12 (Tamarisk) Utility Undergrounding Project (including initial
project design and assessment engineering) for the Project (the "Tamarisk Utility
Undergrounding ProjecY').
F. Pursuant to AB X1 26 (which became effective at the end of June 2011)
and the California Supreme Court's decision in California Redevelopment Association,
et al. v. Ana Matosantos, et al., 53 Cal.4th 231(2011), the Former RDA was dissolved
as of February 1, 2012, and the Successor Agency was constituted.
C�: vda\David Hermami�.Word Files\PIO\Undergrounding\Tamarisk Undergrounding\SA Resolution re Project Area No I Bond Proceeds Funding Agmt - Tamarisk Undergrounding.doc
RESOLUTION NO.
G. AB 1484, which became effective at the end of June 2012, amended and
supplemented the provisions of AB X1 26. Together, AB X1 26 and AB 1484 are
referred to in this Agreement as the "Dissolution Act."
H. Pursuant to Section 34175(b) of the California Health and Safety Code
("HSC"), all assets, properties, contracts, leases, books and records, buildings, and
equipment of the �'ormer RDA, including all unspent proceeds of the 2�06A �onds
remaining in the 2006A Project Fund (the "2006A Bond Proceeds"), transferred to the
control of the Successor Agency by operation of law.
I. According to HSC Section 34191.4, after the receipt by the Successor
Agency of a finding of completion (the "Finding of Completion") issued by the California
State Department of Finance (the "DOF") pursuant to HSC Section 34179.7, the 2006A
Bond Proceeds shall be used for the purposes for which the 2006A Bonds were sold, in
a manner consistent with the original bond covenants.
J. By DOF's letter, dated May 15, 2013, the DOF informed the Successor
Agency that the DOF has issued a Finding of Completion to the Successor Agency.
K. There remains a balance of 2006A Bond Proceeds in the 2006A Project
Fund (in the amount of $15,630,738 as of December 31, 2013).
L. The Successor Agency desires to use a portion of the 2006A Bond
Proceeds for completion of work with respect to the District 12 (Tamarisk) Utility
Undergrounding Project.
M. Because of the limited staffing of the Successor Agency and the traditional
role and the established procedures of the City of Palm Desert (the "City") with respect
to the awarding of public works contracts, the Successor Agency and the City desire to
enter into the District 12 (Tamarisk) Utility Undergrounding Project Bond Proceeds
Funding Agreement, pursuant to which the City will agree to perform or cause to be
performed all work required to complete the District 12 (Tamarisk) Utility
Undergrounding Project, with payment therefor to be made from the 2006A Bond
Proceeds.
P. Pursuant to HSC Sections 34178(a) and 34180(h), with the approval of
the Oversight Board of the Successor Agency (the "Oversight Board"), the Successor
Agency may enter into agreements with the City.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR
AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY DOES HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Recitals. The above recitals, and each of them, are true and
correct.
G:vda���David HttmanmWord Files\PIO`�.Undergrounding,Tamazisk Undergrounding\SA Resolution re Project Area No I Bond Proceeds Funding Agmt - Tamarisk Undergrounding.doc
RESOLUTION NO.
Section 2. District 12 (Tamarisk) Utilitv Underqroundinq Proiect Bond
Proceeds Fundina Aqreement. The District 12 (Tamarisk) Utility Undergrounding
Project Bond Proceeds Funding Agreement, in the form attached hereto as Exhibit A,
is hereby approved. Each of the Chair of this Board, the Vice Chair of this Board and
the Executive Director of the Successor Agency (each, an Authorized Officer"),
individually, is hereby authorized to execute and deliver, for and in the name of the
Successor Agency, the District 9 2(Tamarisk) Utility Undergrounding Project Bond
Proceeds Funding Agreement, in substantially such form, with changes therein as the
Authorized Officer executing the same may approve (such approval to be conclusively
evidenced by the execution and delivery thereof).
Section 3. Request for Oversiqht Board Approval. The Oversight Board is
hereby requested to approve the Successor Agency's execution and delivery of the
District 12 (Tamarisk) Utility Undergrounding Project Bond Proceeds Funding
Agreement. The Secretary of the Successor Agency is hereby directed to transmit this
Resolution to the Oversight Board for consideration at the earliest possible date.
Section 4. Other Acts. The Authorized Officers and all other officers of the
Successor Agency are hereby authorized, jointly and severally, to execute and deliver
any and all necessary documents and instruments and to do all things which they may
deem necessary or proper to effectuate the purposes of this Resolution and the District
12 (Tamarisk) Utility Undergrounding Project Bond Proceeds Funding Agreement.
Section 5. Effective Date. This Resolution shall take effect immediately upon
adoption.
APPROVED and ADOPTED this day of , 2014.
AYES:
NOES:
ABSENT:
ABSTAI N:
VAN TANNER, CHAIR
ATTEST:
G:vda\David Hamaim\Word Files\PIO\Undergrounding\Tamarisk Undergroundiag\SA Resolution re Project Area No I Bond Proceeds Funding Agmt - Tamazisk Undergrounding.doc
RESOLUTION NO.
RACHELLE D. KLASSEN, SECRETARY
SUCCESSOR AGENCY TO THE
PALM DESERT REDEVELOPMENT AGENCY
G:�rda�David Hennann\Word Files\PIO\Undergrounding'��Tamazisk Undergrounding�SA Resolution re Project Area No t Bond Proceeds Funding Agmt - Tamarisk Undagrounding.doc
DISTRICT 12 (TAMARISI� UTILITY UNDERGROUNDING PROJECT BOND
PROCEEDS FUNDING AGREEMENT
This DISTRICT 12 (TAMARIS� UTILITY UNDERGROUNDING PROJECT
BOND PROCEEDS FUNDING AGREEMENT (this "Agreement"), dated as of February 27,
2014, is entered into by and between the City of Palm Desert (the "City") and the Successor
Agency to the Palm Desert Redevelopment Agency (the "Successar Agency," and together with
the City, the "Farties").
RECITALS:
A. The Palm Desert Financing Authority (the "Financing Authority") previously
issued its four series of tax allocation bonds in 2006 (the "PA1 2006 Bonds") for the purpose of
financing and refinancing redevelopment projects of benefit to Project Area No. l, As Amended
(the "Project Area") of the former Palm Desert Redevelopment Agency (the "Former RDA").
B. The PAl 2006 Bonds were issued pursuant to two Indentures of Trust, each dated
as of July l, 2006, by and between the Financing Authority and Wells Fargo Bank, National
Association, as trustee (the "Trustee").
C. Pursuant to the Loan Agreement, dated as of July 1, 2006 (the "Loan
Agreement"), by and among the Financing Authority, the former Palm Desert Redevelopment
Agency (the "Former RDA"), and the Trustee, proceeds of the 2006A Bonds were lent to the
Former RDA as a loan (the "Loan").
D. The Former RDA caused a portion of the proceeds of the 2006A Bonds received
as part of the Loan to be deposited into a Project Fund (the "2006A Project Fund"), which was
established, and is held, by the Trustee pursuant to the Loan Agreement.
E. Pursuant to the Loan Agreement, moneys in the 2006A Project Fund shall be
disbursed from time to time to finance the cost of redevelopment projects in or of benefit to the
Former Agency's Project Area No. 1, As Amended (the "Project Area").
F. As documented by the Official Statement, dated June 22, 2006, and the Certificate
Regarding Compliance with Certain Tax Matters, dated as of July 6, 2006 (the "Tax
Certificate"), it was intended, at the issuance of the 2006A Bonds, that the projects to be
financed from moneys deposited in the 2006A Project Fund include, among others, utility
undergrounding projects (including the initial design and assessment engineering for the District
12 (Tamarisk) Utility Undergrounding District Project (the "Project").
G. Pursuant to AB X1 26 (which became effective at the end of June 2011) and the
California Supreme Court's decision in California Redevelopment Association, et al. v. Ana
Matosantos, et al., 53 Cal.4th 231(2011), the Former RDA was dissolved as of February 1, 2012,
and the Successor Agency was constituted.
��
12812-0001\1610512.1
H. AB 1484, which became effective at the end of June 2012, amended and
supplemented the provisions of AB Xl 26. Together, AB Xl 26 and AB 1484 are referred to in
this Agreement as the "Dissolution Act."
I. Pursuant to Section 34175(b) of the California Health and Safety Code ("HSC"),
all assets, properties, contracts, leases, books and records, buildings, and equipment of the
Former RDA, including all unspent proceeds of the 2006A Bonds remaining in the 2006A
Project Fund (the "2006A Bond Proceeds"), transferred to the control of the Successor Agency
by operation of law.
J. According to HSC Section 34191.4, after the receipt by the Successor Agency of
a finding of completion (the "Finding of Completion") issued by the California State Department
of Finance (the "DOF") pursuant to HSC Section 34179.7, the 2006A Bond Proceeds shall be
used for the purposes for which the 2006A Bonds were sold, in a manner consistent with the
original bond covenants.
K. By DOF's letter, dated May 15, 2013, the DOF informed the Successor Agency
that the DOF has issued a Finding of Completion to the Successor Agency.
L. There remains a balance of 2006A Bond Proceeds in the 2006A Project Fund (in
the amount of $15,630,738 as of December 31, 2013).
M. The Successor Agency desires to use a portion of the 2006A Bond Proceeds for
completion of work with respect to the Project.
N. Pursuant to HSC Section 34177(1), the Successor Agency must prepare a
Recognized Obligation Payrnent Schedule ("ROPS") for each six-month fiscal period ("ROPS
Period"). The ROPS must be submitted to the Oversight Board of the Successor Agency (the
"Oversight Board") and the DOF for approval.
O. Pursuant to HSC Section 34191.4(c)(2}, the expenditure of 2006A Bond Proceeds
for an obligation must be listed on a ROPS.
P. The Successor Agency previously prepared a ROPS ("ROPS 13-14B") covering
the period from January 1, 2014 through June 30, 3014 ("ROPS 13-14B Period").
Q. Listed as Item No. 49 (Forty-Nine) on the ROPS 13-14B is the anticipated use of
the PA2 2006 Bond Proceeds for the Project.
R. The Oversight Board adopted Resolution No. OB-050, on September 10, 2013,
approving ROPS 13-14B. The Oversight Board-approved ROPS 13-14B was submitted to the
DOF for review.
S. DOF issued its letter dated December 17, 2013, confirming the DOF's approval of
Item No.49 (Forty-Nine) of ROPS 13-14B, subject to the modification that the ROPS 13-14B
Period funding amount for the Project (the "ROPS 13-14B Project Estimate"} be changed
pursuant to a revised schedule submitted by the Successor Agency during the DOF review
-2-
12812-0001\16105121
process (the "Revised Schedule"). Per the Revised Schedule, the ROPS 13-14B Project Estimate
is $450,000.
T. Because of the lirnited staffing of the Successor Agency and the traditional role
and the established procedures of the City of Palm Desert (the "City") with respect to the
awarding of public works contracts, the Successor Agency and the City desire to enter into this
Agreement, for the City to perform or cause to be performed all work required to complete the
Project, with payment therefor to be made from the 2006A Bond Proceeds.
U. Pursuant to HSC Sections 34178(a) and 34180(h), with the approval of the
Oversight Board, the Successar Agency may enter into agreements with the City.
V. Resolution No. adopted by the Oversight Board on , 2013
approving the Successor Agency's execution and delivery of this Agreement was approved
[deemed approved] by the DOF pursuant to HSC Section 34179(h) on , 2013.
NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS:
Section 1. Subject to the provisions of this Agreement and with the funding provided
pursuant to this Agreement, the City agrees to perform or cause to be performed all work
required for the completion of the Project, including but not limited to the preparation of designs,
plans and specifications and all demolitions, construction and installations. The City shall
perform such work in accordance with all applicable federal, state and local laws, rules and
regulations. Subject to the covenants set forth herein, the City shall have the sole discretion with
respect to the design, planning, specification and the timing with respect to all components of the
Project.
Section 2. (a) The City and the Successor Agency currently estimate that the
dollar amount to be spent for the Project during the period from January l, 2014 through June
30, 2014 (the "ROPS 13-14B Period") is $400,000 (the "ROPS 13-14B Project Estimate").
(b) The Successor Agency shall list the ROPS 13-14B Project Estimate on its
ROPS for the ROPS 13-14B Period ("ROPS 13-14B"), in as many line items on ROPS 13-14B
as the Successor Agency deems appropriate.
(c) Subject to the approval (and any modification) by the Oversight Board and
the DOF of the ROPS 13-14B item(s) described in Section 2(b), at the commencement of the
ROPS 13-14B Period, the Successor Agency shall transfer or caused to be transferred to the City
an amount equal to the ROPS 13-14B Project Estimate from the 2006A Bond Proceeds on
deposit in the 2006A Project Fund.
Section 3. (a) The Parties acknowledge and agree that the 2006A Bond Proceeds
shall be the sole source of the Successor Agency's payment for the completion of the Project
pursuant to this Agreement. The Parties also agree that the City's obligation with respect to the
work for the Project under this Agreement shall be limited to the extent that funding therefor is
available from the 2006A Bond Proceeds.
-3-
12812-0001\16105121
(b) At any time, if the City determines that the amount previously transferred
by the Successor Agency pursuant to this Agreement is insufficient for the completion of the
Project, the City's Finance Director shall notify the Successor Agency, specifying the estimated
dollar amount necessary for the completion of the Project (the "Additional Funding Amount").
To the extent that sufficient unspent 2006A Bond Proceeds remain available, the Successor
Agency shall list the Additional Funding Amount on the ROPS for the next available ROPS
Period. Upon obtaining the Oversight Board's and the DOF's approval for such ROPS item(s),
the Successor Agency shall transfer or caused to be transferred to the City the Additional
Fui2dii2g Arr�ouilt froin the 2006A Boi2d Proceeds as soor� as p�acticable upon tl�e
commencement of the applicable ROPS Period.
(c) Before the transfer of any Additional Funding Amount pursuant to Section
3(b) above, the City may, but is not obligated to, advance funds from sources available to City
for the work necessary for the Project (each such advance being a"City Advance"). Any
Additional Funding Amount transferred by the Successor Agency pursuant to Section 4(b) shall
first be used to reimburse the City for outstanding City Advances, and then to pay for other
expenditures of the Project.
Section 4. To the extent the City still holds unspent 2006A Bond Proceeds
transferred pursuant to this Agreement after the completion of the Project (as determined by the
legislative body of the City), the City shall return such unspent 2006A Bond Proceeds to the
Successor Agency within a reasonable time after such determination.
Section 5. The City covenants that it shall use the 2006A Bond Proceeds in a manner
consistent with the covenants in the Loan Agreement and the Tax Certificate, including, but not
limited to, any covenants regarding the tax-exempt status of interest on the 2006A Bonds under
the Internal Revenue Code of 1986, as amended, and any regulations promulgated thereunder.
Section 6. Each Party shall maintain books and records regarding its duties pursuant
to this Agreement. Such books and records shall be available for inspection by the officers and
agents of the other Party at all reasonable times.
Section 7. The Parties agree to take all appropriate steps and execute any documents
which may reasonably be necessary or convenient to implement the intent of this Ageement.
Section 8. This Agreement may be amended from time to time by written instrument
executed by both Parties.
Section 9. No official, agent, or employee of the Successor Agency or the City, or
members of the City Council, or members of the Successor Agency Board of Directors or
Oversight Board shall be individually or personally liable for any payment hereunder in the event
of any default or breach by the Successor Agency or the City, or for any amount which may
otherwise become due to the City or Successor Agency, or successor thereto, or on any
obligations under the terms of this Agreement.
Section 10. This Agreement is made in the State of California under the Constitution
and laws of the State of California, and is to be so construed.
�
12A 12-0001 \1610512.1
jREMAINDER OF PAGE iNTENTIONALLY LEFT BLANK;
SIGNATURES TO FOLLOW]
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by
their duly authorized officers.
SUCCESSOR AGENCY TO THE PALM
DESERT REDEVELOPMENT AGENCY
By
JOHN WOHLMUTH, EXECUTIVE DIRECTOR
ATTEST:
RACHELLE D. KLASSEN, SECRETARY
TO THE SUCCESSOR AGENCY OF THE
PALM DESERT REDEVELOPMENT AGENCY
CITY OF PALM DESERT
By
VAN TANNER, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
APPROVED:
OVERSIGHT BOARD OF THE
SUCCESSOR AGENCY TO THE PALM
DESERT REDEVELOPMENT AGENCY
-5-
12812-0001 \1610512. I
By
BOB A. SPIEGEL, CHAIR Date:
.�
f I►$i f�E1➢➢7 \� C1 LIb3 f►� I
MEMORANDUM RE UTILITY POLE UNDERGROUNDING
To: The Houorable Jan Hamiic, Mayor
John M. Wohimuth, City Manager
David Hermaan, Public Information Officer
From: -�yh.�/ Merilee Colton, resaidentThomeawner at 73442 Salt Cedar Strcet
Phoae(i6Q)$95-4174
Lestey Miller, Esq., resideaVhameowncr at ?3466 Goldflower Strcei
Phone (310) 625-018b
Date: Apri123, 2013
�u'UbjCCt:
�
Formatian of Asae�smeot District to Under�r4nad Utititv Poks and Wire.+�
This memo provides the City with sdditional siguatures to thase incluaded in ovr memos of April
4 and 15, 2013. By o� tally we have collected 75% of thc sig�oa�a+es required. We have the
pmmise of one more signature, fram Tmmarisk, and will continue to gather signahues until the
City certeSes our results.
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Enc. Signature pages
To: Cit�r Councit
Cit�r of Palm Desert
PETRiON FOR UTlLITY UNDERGROUNDING
SPECIAL ASSESSMENT PROCEEQiNGS
1. We, the unde+sagned, ar�e tt� awners of tt� parceis o# iand witt+in the Prop�o�sed
assessrr�errt d� shovm an the map attad�ed as �Exhibit A," whid� map is a
part ofi this documerrt. The prefiminary boundary for District 2013-G11A
enc:ompasses 87 peroels of land.
2. We hereby file with the C�y Clerk of the City of Patm Desert this Petition in order
to petition the Cit�r to or+der the conversion af the existing ovefiead elecxrical and
communication faci{ities to underground locations within the proposed
assessment district, together with appurtenances and appurtenant work, and to
undertake proc�edings for the formation of an assessmerrt disfict fior purposes of
assessmerrt of such paroeis af land to pay for the ca�ts of such improvemerrts
pur�uant to the Municipai improvemeM Act of 1913 (Califomia Streets and
Highways Code, Secfion 10U00 et�.)
3. We understand that tFae totai c�st of the improvements will be charged to the
paresls of land within the ass�smerrt district #hat specialiy benefit #rom the
improvements in proportron to the special benefits determined to be received by
the respective parcels in tF� assessment district.
4. We understand that witfiout extensive pretiminaty engineering work, only an
es�m�ate of the oost of the conversiort can be provided at this t�ne. The to#al
estimated oost is $2,415,000 induding engirtieering and design as well as
inc�antat and fmancing costs. This estimate � subject to the finat design of the
improvemeMs and the final c�st may ex� or be less than the aforementior�ed
estimate.
5. We understand that the es� cost s�ated above does not include the c�ost of
cx�rtstructing, rec�or�strt�ting, r+�a�fing, or oonverting elecbxa! and
oommunication faciNties, ind�ing oon�edions to the ovur�ers' pr�emises, loc�
on any parc�i oF land vriNtin the pr�oposed assessrrter�t district. The e�rrtated
+�ost of such a�ddiaonal v�ufc is appro�amately a4,000 per residerx:e and wiN
depend upon the iength and lor.ation of such w�ork. This work may, at the option
of the property avmer. be �rfom�ed and paid for by the property owner or, if the
property owner wishes, t� induded in the assessment dishict oosts.
6. We understand that if the p�ti� is successfut. a neport wiN be prepared on the
project, indudi�g pians and specficsfions, a deta�ed c�st �atie, and a
division of the c�ts a�ong the benefitted � af ��d, that the Ciiy v�N
condu�ct a publ� t�aring on the forrnation of the proposed asse�nent district,
the o�dering of the prop�ed �rrtproverr�ents, and the tevying of the ProPosed
assessme�rts, a�nd that ihe City wifl mad no�c��e of the est�nated amount of the
assessment and date, t�ne, and loc�tion � the pub�c t�arir�g to eac�► ProPertY
owner within the propo�ed assessmerrt d'rstrict.
7. We u�rstar� that the City Councii must a�an�n the proc�dings ta form an
assessment distric� in the eveM of a majority protest under Artic�e XIIID i% at the
condusion of the hearing on the assessment di�, the ballots submitted (and
not withdrawn) in opposi#ion to the pnoposed assessments exc�ed the ballots
submitted (and nat withdrawn) in favor of the a�ssessmerrts, with bapots nreighted
according to the proporaonet finar�cial obiigation of the effec6ed properties.
8. We understand that in the absecroe of a majoritY Protest (as defined in paragraph
7 above), the City Council may� following c�ondusion of the public hearing on the
proposed assessmerrts, oor�firm the proposed assessrnents and order the
ProPosed innprovemeni�. We uriderstand that the City C4uncil rr�y make
changes in c�onr�tior� vvith tMe assessmec�t distri�t, induding but not limited to,
changes to the proposed impro�nements (induding etimination of �nprovemerrts)
and c�ost estimates (indud'mg line items in the engir�eer's neport); Provided,
however, this Peti6on wiil not be deemed as conserrt to any increase in the
amount of any individuai assessmeM beyond the amourrts se� forth in the
engineei's report. We understand th�at a# the c�ndusion af the pubiic t�ring, if a
decision � made by the Cih► Counal fio prooeed� tfie asses�nents wiN become
due and payable wiihin the foNowmg 30-day period; that bonds may be issued by
the City to rep�sent any assessments which remain unpaid at the end of such
30-day period; and that annual assessment ir�staikrien� r�arY � PeY
pnncipal ar�d irr�erest on ttwse bonds, mai�r�ce � and administratnre
costs of the City w�l thereaRer be levied and cdiet�ed.
When signed iretum to:
City Clerk
City of Paim Desert
73510 Freci Waring Drnre
Patm Desert, Califomia 92260
73-510 FRED WAR[NG UNIVL•
PALM DF.tiERT, CAIJFONNIA �2?�O� 2�j7K
rau 76o g46—o6� z
i n fnl�+ c iry uf�rrimdercrc.org
TO: Honorable Mayor and Members of the City Council
FROM: City Cierk
DATE: February 12, 2014
SUBJECT: Formation of Undergrounding Utilitv Assessment District No. 12
tTamarisk) - Certifica#ion of Pefitions
1, Rache(le D. Klassen, City C{erk of the City of Palm Desert, Ca{ifornia, hereby
certify the following information.
Total District Parcel Count: 88
Number of Signatures Received: ��
Total Number of Signatures Certified: 62
The 62 ce�tified signatures represent 70% of the property owners within the District,
thereby qualifying it for initiation proceedings. The petitions are on file and available for
inspection in the O�ce of the City Clerk.
RACHELLE D. KLASSEN, CITY CLERK
CiTY OF PALM DESERT, CALIFORNIA
EDIS+O�1
��r� ��.,��t�.��
January 8, 2014
Mr. Ciavid Hermann
Public Information Officer
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Subject: Rough Order of Magnitude Cost Estimate
Rule 20B - District 12 - Assessment District Undergrounding Project
Dear Mr. Hermann,
SCE's Rule 20 Project Management has reviewed the proposed Rule 206 — CCR 00-135 District
12 Assessment District project in the City Palm Dese�t. The Rough 4rder of Magnitude (ROM)
estimate for the project is $2,500,000 expressed in 2014 dollars. Per SGE Rule 20B costing, the
estimate to install the new underground system is reduced by the estimated cost to construct a
new overhead system, referred to as the "overhead equivalent credit". In addition, the estimate
excludes the cost of removing SCE's existing overhead facilities, which will be done at SCE's
expense.
The estimated trench footage to install the new underground electric distribution system is 9,730
feet. The trench foatage includes al! main line as well as crossings and service faterals in the
public right-of-way up to the private property fines. Property owners will be responsible for
installing any necessary service canduit on private property as well as modifying iheir electric
panels to accept underground service.
The trench footage for the new underground electric distribution system also includes intercepting
the existing underground water district well site service, the existing underground system along
the south side of Salt Cedar St. and the existing undergraund feeding into the Marrakesh
Community from the pole line on the eastern boundary of the proposed Undergrounding District.
Atthough the propose District includes 87 lots, upon review of SCE overhead inventory maps,
from a technical design aspect and construction feasibility, the ROM estimate also includes the
undergrounding for the four {4) lo#s on Purslane St.
The ROM estimated cost for this p�oject is provided without the benefit of any site-specific
engineering and includes an estimated accuracy variance of ± 40%. Final costs upon completion
of project specific designs may vary significantly. Canfirmation of the projeci scope of work and
SCE firm pricing will be provided after the final design is completed.
After review of this estimate, should the City wish to proceed with the project, please
provide a written request for the calculated Advanced Engineering Fee necessary to
initiate the design process and complete the attached Customer/Project Information Sheet.
SCE wil! provide the City with an invoice and upon receipt of payment will begin the
undergrounding designs far the project.
The ROM estimate is based on the following assumptions:
• The estimate is for the undergrounding of SCE's facilities only.
• Customer panel and service conversions for SCE electrical facilities are not included in
the estimate. Property owners are responsible for installing any necessary underground
service conduit on private property as well as any panel modifications necessary to accept
underground service.
• The estimate does not inciude the installation of streetlights.
• Trenching and pave restoration will be performed based on SCE's trenching and paving
standards.
• AN other utilities will be participating and sharing joint trench costs to the extent technically
possible.
• Construction will be performed during normal working hou�s.
• All necessary permits to be issued to SCE shall be issued on a no fee basis.
• The estimate assumes continued cooperation from property owners, tenants, joint utilities,
and the gavernmental agency.
Please communicate the current estimate and assumptions to the appropriate city staff. Thank
you for your assistance in this matter and should you have any questions pfease feel free to call
me at (760) 202-4211.
Sincerely,
. `�
`�'`" �
nifer Cusack
Local Public Affairs Regional Manager
Attachments:
Map of Assessment Area CCR OQ-135, District 12
CustomerlProject Information Shee#
cc:
Sam Newby, Rule 20 Project Manager
Dave Seeley, Rule 20 Manager
Tony Mathis, Rule 20 Pragram Manager
Talisa Lee, Rule 20 Project Management
Project Filss
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Customer/Project
Information Sheet
Date Received by SCE:
-- - _. ------- — --�_�_�
Individual or Ba$iness Name:
IMarn tcuifatt tap¢,si�Cnrria� anA desir�n inpul)
Address:
City: _ _
Attn:
---- ___ --- -- _. _------ -
Legal Contact:
�� i indlvitluai respo�sib�e for s�cln;ng con;racts..pay�ng lees and ece,�nn�,paie�dai �etondsr
� . _ . . .. ... .. . ._ ___'---. __. . _ _. ..—
' Address:
{To send worh order map., imoice. wntra.�ts antl pofentiai re(undsl
City: — -- -
--- _ _ - ---- -------- ----
Primary Fieid/Job Contact:
' Relationship to Project:
_—._._ _ _ _ ____----------
E-mail Address:
Project Address:
�---- _
State: ! Zip Code:
Phone No:
Phone No:
� State;
' Phone No:
. _. _ _ ___
FAX No:
City: State:
Thomas Guide Map #: j Major Cross Street:
Zip Code:
; Zip Code:
Detailed Pro'ect Informatian
Residential: ❑ Cammercial: ❑ Industrial: ❑ Agricuitural: ❑
Overhead: ❑ Underground ❑ Y Tract: Lot:
Temporary Service Required: Your Construction Sta�t Date:
Approximate siart work date for SCE erews:
- - _— ------------ _--- -- --_.
Approximate date you woufd like the job completed and energized:
Scope of Project:
City Rule 2QB Assessment District
Solar or Generation Equipment lo be installed (if yes, explain):
Panel Size (amps): __ �Service Voitage/Phase:
Total Tons of A/C: Total # of A/C Units: Largest A/C Unit (tons):
Total HP of Pumps: Toia! # of Pump Units: Largest Pump (HP):
installing Gas or Electric: Heater: ❑ Water Heater: ❑ Range: ❑
Square Footage of Buildings (if rnultipie buildings give a!I footages):
H,rrK.�s <>v�� 5UI1J si; k rx U:�At �n :,rW_ a,-se or ��rge� 7nts renuae a L�iaC ScneAufa. Ptease cantart ynw etec?r�c+an i�N assrsran�x
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