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Home My WebLink About21644 - RESOLUTIONS - 7/19/2006 RESOLUTION NO. 21644 B A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT REGARDING THE PROPOSED ASSESSMENT INCREASE FOR FISCAL YEAR 2006-07 FOR THE PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO.2 WHEREAS, the City Council, pursuant to the provisions of the Street Lighting Act of 1931, Part 2 of Division 14 of the Streets and Highways Code of the State of California, beginning with beginning with §18300 (hereafter referred to as the "Act"), did by previous Resolution order the City Engineer to prepare and file an Engineer's Annual Levy Report (hereafter referred to as the "Engineer's Report") in accordance with the Act, in connection with the proposed increase of the levy and collection of assessments for the Palm Springs Street Lighting Maintenance District No. 2 (hereafter referred to as "District No. 2")forthe fiscal year commencing July 1, 2006, and ending June 30, 2007; and, WHEREAS, the City Engineer has prepared and filed the Engineer's Report with the City Clerk, and the City Clerk has presented to the City Council the Engineer's Report; and, WHEREAS, the City Council has carefully examined and reviewed the Engineer's Report as presented, and is satisfied with each and all of the items and documents as set forth therein, and finds that the levy has been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed, as set forth in the Engineers Report. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The above recitals are all true and correct. Section 2. The Engineer's Report as presented consists of the following: a) A Description of District No. 2 and Improvements. b) The Annual Budget (Costs and Expenses of Services, Operations and Maintenance) c) A Description of the Method of Apportionment resulting in an Assessment Rate per Levy Unit within District No. 2 forfiscal year 2006- 07. Section 3. The Engineer's Report as presented, is hereby approved (as amended), and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. ' Section 4. The City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the presentation and final approval of the Engineer's Report. Resolution No. 21644 Page 2 ADOPTED this 19«' day of July, 2006. ' David H. Ready, City � ATTEST: Y3 es Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 21644 is a full, true and correct copy, and was duly adopted at a regular meeting of the , City Council of the City of Palm Springs on July 19, 2006, by the following vote: AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat and Mayor Oden NOES: None ABSENT: None ABSTAIN: None ?mes:Thompson, City Clerk Palm Springs, California City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 2, McManus Drive CITY OF PALM SPRINGS ENGINEER'S REPORT STREET LIGHTING MAINTENANCE DISTRICT NO. 2 "McMANUS DRIVE" FISCAL YEAR 2006-2007 OFV? A4s U m �c O RPOR AY Eo �qL Intent Meeting: May 24, 2006 Public Hearing: July 19, 2006 1 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 2, McManus Drive Engineer's Report Affidavit Palm Springs Street Lighting Maintenance District No. 2, "Mc Manus Drive" This Report describes the District including the improvements, budget, parcels and assessments to be levied for fiscal year 2006-2007, as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council. Dated this 24th day of May, 2006. By: David J. Barakian, P.E. Director of Public Works/City Engineer City of Palm Springs Civil Engineer C 28931 I City of Palm Springs—Engineer's Report Street Lighting Maintenance District No, 2, McManus Drive CITY Of PALM SRINGS ENGINEER'S REPORT STREET LIGHTING MAINTENANCE DISTRICT NO. 2 McMANUS DRIVE FISCAL 'YEAR 2006-2007 The Undersigned respectfully submits the enclosed report as directed by the City Council. The undersigned certifies that he is oval Engineer, registered in the State of California �FF_SSIONgl� k, r" ,�9L� N �Z9 3�1v7 David J. Barakian, P.E. Director of Public Works/City Engineer City of Palm Springs Of County of Riverside, California I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll and Assessment Diagram thereto attached, was filed with me on the 24th day of May, 2006. es Thompson, City Clerk ity of Palm Springs L County of Riverside, California I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll thereto attached, was approved and confirmed by the City Council of the City of Palm Springs, California, on the 19th day of July, 2006- �J es Thompson, City Clerk y of Palm Springs ,d unty of Riverside, California City of Palm Springs--Engineer's Report Street Lighting Maintenance District No- 2, McManus Drive TABLE OF CONTENTS EXECUTIVESUMMARY ... .............. ................ ........................... .......................................1 ' A. Introduction......... -- .............. ..........•. .............--........................ ...............1 B. Overview .. ........... . ............. ......... . ......... . ........................ .........2 DESCRIPTION OF THE DISTRICT......................... ...................... ........ ........ .........2 A. Description of the District............. .......... . ........... ........... ........... . ........2 B. Description of Improvements and Services.....................................................2 METHOD OF APPORTIONMENT................ ........... . ........................ .................................3 A. General.............. ............... .................................................................... . ..3 B. Benefit Analysis........... ............ ............ . .......... .................... ...........3 C. Assessment Methodology.......... ....................................... .......... ............4 D. Assessment Formula.......................... ......... ........................ ........... .. ...4 DISTRICTBUDGET............ ............ . .......... ........... ........... ........................................5 A. Description of Budget Items........................ . ......... ......... .......... ........5 B. District Budget- Fiscal Year 2006/2007..........................................................6 APPENDIX A—District Diagram ................ ....................................................... ......... ........7 APPENDIX B —Assessment Roll ..... . ............. . .................................... ........................... 9 City of palm Springs—Engineer's Report Street Lighting Maintenance District No. 2, McManus Drive EXECUTIVE SUMMARY A. INTRODUCTION The purpose of this Engineer's Report (hereinafter referred to as the "Report") is to set forth the engineering analysis and findings for the levy of assessments in the City of Palm Springs (hereinafter referred to as the "City") Street Lighting Maintenance District No. 2, "McManus Drive", (hereinafter referred to as the "District"), for fiscal year 2006-2007, in compliance with the requirements of the Street Lighting Act of 1931 (hereinafter referred to as the "1931 Act") which is Part 2 of Division 14 of the California Streets and Highways Code and as provided by Article XIII D of the California Constitution (hereinafter referred to as "Article XIII D"). This District was formed to supplement certain City revenues and help finance the costs of providing for the maintenance of certain public improvements including but not limited to street lighting, within the District's boundaries. This report is prepared for the levy and collection of annual assessments for the District for fiscal year 2006-2007, The City initiates proceedings for annual levying of assessments within the District by passing a resolution, which states that the District was established under the Act. This resolution also describes the improvements, describes the name and location of the District, and preliminarily approves the Engineer's Report. The report prepared by the engineer must include an estimate of the costs of the improvements, a diagram, i.e., map of the District showing the boundary of the District and an assessment of the estimated costs of the improvements against the parcels or lots which benefit from the improvements. Once the report is completed it is presented to the City Council for its review and approval as presented, or it may be modified and approved. After the report is approved, the City Council may adopt a Resolution of Intention, which declares its intent to levy and collect assessments, describes the improvements, and refers to the report for details of the District. The Resolution of Intention also sets a time and place for a hearing on the proposed assessments. In 2004, the City initiated proceedings to increase the existing maximum annual assessments within the District, such that additional improvements to the street lighting system could occur, and that funds collected for this District could equal the current costs to operate and maintain the improvements. At the July 21, 2004, City Council meeting, a Public Hearing was conducted and a property owner protest ballot proceeding concluded, with the failure of the proposed increase to the existing maximum annual assessments within the District. This Engineer's Report continues to disclose the fact that the District is operating with a deficit, and continues to require the supplement of General Fund revenues from the City to operate and maintain the improvements within this District. In 2005, upon adoption of the confirmed Engineer's Report for this District for the 2005/2006 ' fiscal year, the City Council directed the City Engineer to schedule property owner protest ballot proceedings on the matter of approving an increase to the maximum annual assessment, as necessary to increase assessments to cover estimated annual expenses and to implement a Consumer Price Index ("CPI") annual inflator_ At the July 19, 2006, City Council meeting, a Public Hearing was conducted and a property owner protest ballot City of Palm Springs, Lighting Maintenance District No, 2 Page 1 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No, 2, McManus Drive proceeding concluded, with the failure of the proposed increase to the existing maximum annual assessments within the District. This Engineer's Report continues to disclose the fact that the District is operating with a deficit, and continues to require the supplement of General Fund revenues from the City to operate and maintain the improvements within this District. City Council direction as a result of the failure to increase the existing maximum annual assessment within the District included reduction of services to the level afforded by the revenues collected by the existing maximum annual assessment, as may be practical- B. OVERVIEW The District described in this Report contains parcels of land within the residential area generally located along McManus Drive between Saturmino Drive and Sunset Way, consisting of Lots 96-121 of the Map of"Desert Palm Estates". The City proposes to annually levy and collect special assessments to continue the maintenance of the improvements within the District. Assessments within the District are proposed to be levied pursuant to the provisions of the Street Lighting Act of 1931, Division 14, Part 2 of the Streets and Highways Code_ The assessments described in this Engineer's Report (hereinafter referred to as the "Report") shall be levied upon each parcel within the boundaries of the District and assessments shall be proportional to the special benefit received from the maintenance of the improvements. For the District, a benefit assessment rate per Parcel is established based upon estimated and actual operations and maintenance costs for the year. This Report describes the District and the proposed assessments for fiscal year 2006-07. The annual budget for the maintenance and operation of the improvements is based on estimated expenses for the upcoming fiscal year. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessment Parcel Number by the Riverside County ("County") Assessor's Office. The Riverside County Auditor/Controller uses Assessment Parcel Numbers and specific Fund Numbers to identify on the tax roll properties assessed for special district benefit assessments. DESCRIPTION OF THE DISTRICT A. DESCRIPTION OF THE DISTRICT The District described in this report contains 25 parcels of land (26 individual lots) within the residential area generally located along McManus Drive between Saturmino Drive and Sunset Way, consisting of Lots 96-121 of the Map of"Desert Palm Estates The purpose of the District is to ensure the ongoing maintenance, operation and servicing of local street lighting and electrical improvements within the District. This District will provide the financial mechanism (annual assessments) by which the ongoing operation and maintenance of these Improvements will be funded. The District structure, method of apportionment and assessments described in this Report are based on existing improvement plans and estimated direct expenditures, incidental expenses, and reserves associated with the maintenance and servicing of the ' improvements. City of Palm Springs, Lighting Maintenance District No. 2 Page 2 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No, 2, McManus Drive 1 B. DESCRIPTION OF IMPROVEMENTS AND SERVICES The purpose of the District is to ensure the ongoing maintenance, operation and servicing of street lighting and electrical improvements within the District. These improvements may include, but are not limited to, all materials, equipment, utilities, labor and appurtenant facilities related to those improvements. The proposed improvements installed as part of the development and to be maintained and funded entirely or partially through the District assessments generally include the following: • Street lighting facilities located along McManus Drive; and • All appurtenant facilities, equipment, materials and utilities related to the aforementioned improvements. The estimated annual cost to provide and maintain the improvements within the District shall be allocated to each property in proportion to the special benefits received. The Method of Apportionment used in this Report utilizes commonly accepted assessment engineering practices. Public Street Lighting and Electrical Improvements The street lighting and electrical improvements may include, but are not limited to, electrical energy, lighting fixtures, poles, meters, conduits, electrical cable and associated appurtenant facilities associated with,- All street lighting within the Street Lighting Maintenance District No.2 ("McManus Drive'). METHOD OF APPORTIONMENT A. GENERAL The method used for calculating assessments reflects the composition of the parcels and the improvements and services provided within the District to fairly apportion the costs based on estimated benefit to each parcel. A parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable and the City must separate the general benefits from the special benefits. B. BENEFIT ANALYSIS All improvements associated with this District have been identified as necessary, required and desired for the orderly development of the properties within the District to their full potential, consistent with the proposed development plans. As such, these improvements would be necessary and required of individual property owners for the development of such properties, and the ongoing operation, servicing and maintenance of these improvements would be the financial obligation of those properties. Therefore, the improvements and the annual costs of maintenance and operation of the improvements are of direct and special benefit to the properties. The method of apportionment (method of assessment) is based on the premise that each assessed parcel within the District receives benefit from the improvements. The desirability and security of properties is enhanced by the presence of street lighting in close proximity to those properties. City of Palm Springs, Lighting Maintenance District No. 2 Page 3 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 2, McManus Drive The special benefits of street lighting are the convenience, safety, and security of property, improvements, and goods. Specifically: Enhanced deterrence of crime and the aid to police protection; • Increased nighttime safety on roads and streets; • Improved ability of pedestrians and motorists to see at night; • Improved ingress and egress to property; • Reduced vandalism and other criminal act and damage to improvements or property; • Improved traffic circulation and reduced nighttime accidents and personal property loss. All of the preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the District. Although the improvements may include lighting improvements and other amenities available or visible to the public at large, the maintenance of these improvements is only necessary for the properties within the District and are not required nor necessarily desired by any properties or developments outside the District boundary. Therefore, any public access or use of the improvements by others is incidental and there is no measurable general benefit to properties outside the District or to the public at large. C. ASSESSMENT METHODOLOGY The method of apportionment for the District calculates the receipt of special benefit from the respective improvements based on the actual land use of the parcels within the District. The special benefit received by each lot or parcel is equated to the overall land use of the parcel based on the parcel's actual land use, and is reliant upon the special benefit received from the improvements within the District. To identify and determine the special benefit to be received by each parcel, it is necessary to consider the entire scope of the District improvements as well as individual property development within the District. The costs associated with the improvements shall be fairly distributed among the parcels based upon the special benefit received by each parcel. Proper maintenance and operation of the street lighting system benefits all properties by enhancing overall safety, mitigating crime, alleviating the fear of crime, and enhancing pedestrian safety. The street lighting located on McManus Drive provides 100% special and direct benefit to all properties within the District_ These lighting benefits are directly related to the positive enhancement of the area increasing piupeity desirability. Thorcforc 100% of the costs of the lights will be apportioned to each parcel on a single-family residential unit basis. The benefits are the same for all lots but one parcel (No. 502-034-019) consists of 2 lots, therefore the assessment for this parcel is twice that of individual parcels. D. ASSESSMENT FORMULA Any new or increased assessment requires certain noticing and meeting requirements by law. Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an ' assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed," This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation). City of Palm Springs, Lighting Maintenance District No, 2 Page 4 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 2, McManus Drive The Assessment Formula shall be applied to all future assessments within the District. Generally, if the proposed annual assessment for the current fiscal year is less than or equal to the Maximum Assessment, then the proposed annual assessment Is not considered an increased assessment, even if the proposed assessment is greater than the assessment applied in the prior fiscal year. The Maximum Assessment is equal to the previous historical maximum assessment, assessed to the District prior to passage of Proposition 218. If the budget and assessments calculated requires an increase greater than the Maximum Assessment, then the assessment is considered an increased assessment and would be subject to property owner protest balloting in accordance with Proposition 218 (California Constitution Articles XIIIC and XIIID). DISTRICT BUDGET A. DESCRIPTION OF BUDGET ITEMS For the purpose of estimating costs for the maintenance and servicing, actual costs are used where possible. But where the improvements are new, or where actual maintenance experience is lacking, cost estimates will be used to determine costs, as follows: Street light energy costs: The cost of energy is based on current Edison rates. Street light maintenance: Maintenance costs include: maintenance labor, materials and equipment required to properly maintain the authorized improvements and services within the District. Incidental costs: These are costs for special items, such as costs of levying the assessments with the County Tax Collector, anticipated utility rate increases, or other such costs, and are determined individually. Another Incidental Cost is the expense of Assessment Engineering services. This includes costs of performing annual assessment engineering, determining existing or estimated costs, retaining of consultants, preparation of the Engineer's Report, and other related costs, such as publication of notices, mailings, etc. Another Incidental Cost is the County Assessor-Tax Collector's charge of $25 per County assessment account plus $020 per levied parcel, to place the assessments on the tax rolls. This charge will be distributed between the benefit Districts. Miscellaneous: All cost estimates shall be rounded to the nearest dollar, except where specified differently above. The total amount to be levied on any parcel will be rounded to an even number to accommodate collection on the property tax bill in two equal installments. S. DISTRICT BUDGET The District budget report has been prepared pursuant to the Street Lighting Act of 1931 (Part 2 of Division 14 of the Streets and Highways Code and Article XIIID, Section 4 of the California Constitution (Proposition 218). See next page. City of Palm Springs, Lighting Maintenance District No. 2 Page 5 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 2, McManus Drive B. DISTRICT BUDGET FISCAL YEAR 2006/2007 ' STREET LIGHTING DISTRICT NO. 2 ("MCMANUS DRIVE") Formed in 1967 A. LIGHTING MAINTENANCE ESTIMATED ANNUAL COST 2006/2007 1. Southern California Edison $4,116 2. Labor and Administration $1,150 TOTAL COSTS: $5,266 Note: Maximum approved assessment was in Fiscal Year 1991/1992, established at $4,250. B. Actual Costs vs. Assessments Summary: Account (Deficit) as of 6/30/04 = ($7,320) Assessment in 2004/2005 = $4,250 Actual Costs in 2004/2005 = 7 650 Account (Deficit) as of 6/30/05 = ($10,720) Assessment in 2005/2006 = $4,250 Estimated Costs in 2005/2006 = 6 370 Estimated Account(Deficit) as of 6/30/06 = ($12,840) C. 2006/2007 ASSESSMENT , Estimated cost for 2006/2007 ($5,266) Estimated Account (Deficit) as of 6/30/06 = ( 12 840 Total = ($18,106) Maximum Allowable Assessment = $4,250 D. Number of parcels = 25 (26 individual lots, with one parcel including two merged lots) E. Average Cost in 2006/2007 per lot($4,250 divided by 26 lots) _ $163,46 F. Actual Costs vs. Assessments History(Previous Closed Out 5 Years): Actual Costs: 00/01=$4,053; 01/02=$4,510; 02/03=$5,231; 03/04=$4,909; 04/05=$7,650 Assessments: $4,250 $4,250 $4,250 $4,250 $4,250 G. Budget(Expenditure Detail), see Account No. 001-4301-43610 City of Palm Springs, Lighting Maintenance District No. 2 Page 6 City of Palm Springs— Engineer's Report Street Lighting Maintenance District No, 2, McManus Drive APPENDIX A - DISTRICT DIAGRAM The parcels within the Palm Springs Street Lighting Maintenance District No. 2 ("McManus Drive"), are shown on the current Riverside County Assessor's Parcel Map Book 502 Pages 03 and 04. This County Assessor's Parcel Map along with the Assessment Roll constitutes the District Assessment Diagram. A copy of the Street Lighting Maintenance District No. 2 ("McManus Drive') Boundary is shown on the following page. i City of Palm Springs, Lighting Maintenance District No. 2 Page 7 (lYots:SI,11+ID-2 aeu.aastasAten#avnsoved+c#54,35�,6D to x99Y/9z} m m w fw a o S IaES� 4> E F�C rYIS S,-7 47 LN ,,,,�� vfrnrr✓' srwa.+<r i'.rcfrgc wm,wrsmw � 61 e' M. 1 5 'L P[e.Jf1: w� -•' 3,s; _ � � .�1, 3 ^. t 2 ' ± p S JYl.Iy. +$' '.`..�_ _ -.:3 iv C D r •!y !'Jf -a k II .� Y F�� a i. F" aevfP r�-!� o[[.oos Pr c.w, !t co PF G. 's n Q ,{ff •.t - � r T ... is Cf t - .'.. '—�---cu.rr_..W �..� �� _ �-s ' Q '• ^'^•..V. 're .er- - rtx 15 � .rra, � k ��_� •f-..y. Of1fYl - ` � yy mr.��tlr r- .Tw' o r r y • Z CD \I 6 •rP - 'm ti .. ; if Y 21 1. 12 ��' wf :ram..' . -.. �('�4� N rss-sWr dli.dP : m :3 sir•// M rrl fr! � �? Q 8 23 O{ Y/.y/OQ. Ish9e► elI JI}' [ �. �[ - - NI 7H /tf S l a -- --_ ti -- !— "-- — =". _ .^y, M=P� Ir .:'s r s .issss.,c 'A"O.'a 47f.Gt7' JOrus' O MG MANUS DRIVR � FORMED ,M m STREET ;ElGNTiNG MAIN i ENANCE i.OHTING Ace of isay CD DISTRICT NO.2 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 2, McManus Drive APPENDIX B - ASSESSMENT ROL.I_ Parcel identification for each lot or parcel within the District shall be the parcel as shown on the Riverside County Secured Roll for the year in which this Report is prepared and reflective of the Assessor's Parcel Map(s) associated with the Secured Roll. A listing of parcels assessed within this District, along with the assessment amounts, is shown on the following table. City of Palm Springs, Lighting Maintenance District No. 2 Page 9 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 2, McManus Drive RIVERSIDE COUNTY ASSESSMENT ROLL STREET LIGHTING MAINTENANCE DISTRICT NO.2 ("McMANUS DRIVE") ' FISCAL YEAR 2006/2007 FUND NO. 68-2611 ASSESSOR'S PARCEL ASSESSMENT NUMBER 502-034-009-3 $163.46 502-034-010-3 $163,46 502-034-013-6 $163.46 502-034-014-7 $163.46 502-034-015-8 $163.46 502-034-016-9 $163.46 502-034-019-2 $163.46 502-035-001-8 $163.46 502-035-002-9 $163.46 502-035-003-0 $163.46 502-035-004-1 $163.46 502-035-005-2 $163.46 502-035-006-3 $163.46 502-035-007-4 $163.46 502-044-007-2 $163.46 502-044-008-3 $163.46 502-044-009-4 $163.46 502-044-010-4 $163.46 502-044-011-5 $163.46 502-044-012-6 $163,46 502-045-001-9 $163.46 502-045-002-0 $163.46 502-045-003-1 $163.46 502-045-004-2 $163.46 502-045-005-3 $163.46 $4,249.76 City of Palm Springs, Lighting Maintenance District No. 2 Page 10