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HomeMy WebLinkAbout6/18/2008 - STAFF REPORTS - 2.F. ?P.LM S.. iy c U N °q�,FOR��P CITY COUNCIL STAFF REPORT JUNE 18, 2008 CONSENT CALENDAR Subject: ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS CITYWIDE STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS, FISCAL YEAR 2008/2009 From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY This item will initiate proceedings required by law to continue the levy of existing annual special assessments in the City's various Street Lighting and Parkway Maintenance Districts. Adoption of the Resolutions of Intention will schedule a Public Hearing for July 16, 2008, for the formal levy and collection of assessment for the 2008/2009 fiscal year. RECOMMENDATION: 1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER'S REPORT REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 3 ("CROSSLEY TRACT"); AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2008/2009;" and 2) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON STREET LIGHTING MAINTENANCE DISTRICT NO. 3 ("CROSSLEY TRACT"); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2008/2009;" and 3) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER'S REPORT REGARDING PARKWAY MAINTENANCE DISTRICT NO. 6A ("FAIRPORT DEVELOPMENT"); AND THE ITEM NO. IF- City Council Staff Report June 18, 2008- Page 2 2008/2009 Citywide Maintenance Districts LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2008/2009;" and 4) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON PARKWAY MAINTENANCE DISTRICT NO. 6A ("FAIRPORT DEVELOPMENT"); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2008/2009;" and 5) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER'S REPORT REGARDING PARKWAY MAINTENANCE DISTRICT NO. 6C ("PARK SONORA TRACT"); AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2008/2009;" and 6) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON PARKWAY MAINTENANCE DISTRICT NO. 6C ("PARK SONORA TRACT"); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2008/2009;" and 7) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER'S REPORT REGARDING PARKWAY MAINTENANCE DISTRICT NO. 9 ("FLORA VISTA"); AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2008/2009;" and 8) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON PARKWAY MAINTENANCE DISTRICT NO. 9 ("FLORA VISTA"); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2008/2009;" and 9) Adopt Resolution No_ "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER'S REPORT REGARDING PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 1 AND ZONE 2, ("MOUNTAIN GATE"); AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2008/2009;" and 10) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO 000002 City Council Staff Report June 18, 2008 - Page 3 2008/2009 Citywide Maintenance Districts CONDUCT A PUBLIC HEARING ON PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 1 AND ZONE 2, ("MOUNTAIN GATE"); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2008/2009." STAFF ANALYSIS: In accordance with the Streets and Highways Code of the State of California, the City is required to prepare Engineer's Reports on the annual costs to operate and maintain improvements within the City's various Street Lighting or Parkway Maintenance Districts, which include: 1. Street Lighting Maintenance District No. 3 (Crossley Tract- 75 Properties) 2. Parkway Maintenance District No. 6A (Fairport Development - 23 Properties) 3, Parkway Maintenance District No. 6C (Park Sonora Tract - 30 Properties) 4. Parkway Maintenance District No. 7 (Sunrise Norte Tract - 53 Properties) 5. Parkway Maintenance District No. 8 (Vintage Palms Tract - 62 Properties) 6. Parkway Maintenance District No. 9 (Flora Vista Tract - 77 Properties) 7. Parkway Maintenance District No. 10, Zone 1, (Mountain Gate — 308 Properties) Parkway Maintenance District No, 10, Zone 2 (Mountain Gate 2 — 196 Properties) On March 5, 2008, the City Council abandoned and dissolved the following Street Lighting or Parkway Maintenance Districts: 1. Street Lighting Maintenance District No. 1 (Belardo Road Area - 165 Properties) 2. Street Lighting Maintenance District No. 2 (McManus Drive - 25 Properties) 3. Street Lighting Maintenance District No. 4 (Eagle Way Area 43 Properties) 4. Parkway Maintenance District No. 6B (Parkside Estates - 93 Properties) Additionally, on March 5, 2008, the City Council approved the final Engineer's Annual Levy Report for fiscal year 2008/2009 for Districts No. 7 and No. 8. The Preliminary Engineer's Reports for each District are attached, and have been submitted to the City Clerk and are on file for public inspection. In accordance with the Streets and Highways Code of the state of California, it is necessary for Resolutions of Intention to be adopted scheduling a Public Hearing for consideration of the levy and collection of special assessments for the various Maintenance Districts for the 2008/2009 fiscal year. orn�r� City Council Staff Report June 18, 2008- Page 4 2008/2009 Citywide Maintenance Districts FISCAL IMPACT: Approval of this action is the first step to formally levying special assessments in the City's Street Lighting and Parkway Maintenance Districts. —�W r n. David J. Barakian Thomas J. Wils n Director of Public Works/City Engineer Assistant Cit/Manager c , David H. Ready, City Ma ATTACHMENTS: 1. Preliminary Engineer's Reports (5) 2. Resolutions (10) 000a�� City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 3, Crossley Tract CITY OF PALM SPRINGS ENGINEER'S REPORT STREET LIGHTING MAINTENANCE DISTRICT NO. 3 "CROSSL.EY TRACT„ FISCAL YEAR 2008/2009 OF PALM S U cn 1b 'Rp0 R AY E� Cg41FORa`P Intent Meeting: June 18, 2008 Public Hearing: July 16, 2008 000005 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 3, Crossley Tract Engineer's Report Affidavit Palm Springs Street Lighting Maintenance District No. 3 "CROSSLEY TRACT" This Report describes the District including the improvements, budget, parcels and assessments to be levied for fiscal year 2008/2009, 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 18th day of June, 2008. �oeP0,E3SSf�Nq��� By CMS �Q David J. Barakian, P.E. �lgT`OFcw� �C Director of Public Works/City Engineer City of Palm Springs Civil Engineer C 28931 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 3, Crossley Tract CITY OF PALM SPRINGS ENGINEER'S REPORT STREET LIGHTING MAINTENANCE DISTRICT NO. 3, CROSSLEY TRACT Fiscal Year 200812009 The Undersigned respectfully submits the enclosed report as directed by the City Council. The undersigned Certifies that he is a Professional Engineer, registered in the State of California. David J. Barakian, P.E. Director of Public Works/City Engineer City of Palm Springs 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 18th day of June, 2008. James Thompson, City Clerk Clty of Palm Springs 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, Califomia, on the 16th day of July, 2008. James Thompson, City Clerk City of Palm Springs County of Riverside, California 000007 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 3, Crossley Tract TABLE OF CONTENTS EXECUTIVE SUMMARY ....................................... .. .. -................................................. 1 A. Introduction ....................................... ... . .. ......................................... 1 B. Overview................. .......................................... .......... 1 DESCRIPTION OF THE DISTRICT...................................... ................................2 A. Description of the District ........ .. .. .. .. ...................................................2 B. Description of Improvements and Services ....................................................2 METHOD OF APPORTIONMENT.......................................... - - - -..................................4 A. General .. -- ........................................ .. .. .. .. 4 B. Benefit Analysis....... .. -- ............................................... .. ..........4 C. Assessment Methodology..... .. .. .. .. ..................................................5 D. Assessment Formula.......................... .............. ..........5 DISTRICTBUDGET.................. . ....................................................................................................... 6 A. Description of Budget Items ......................... -- .. .. .. ............................6 B. District Budget- FISCAL YEAR 2008/2009.................................................... 7 APPENDIX A— District Diagram............. . .. .. . ................................................... .. ...8 APPENDIX B—Assessment Roll................................ .. .. .. ........................................... 10 0000� 8 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 3, Crossley Tract 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. 3 (hereinafter referred to as the "District") for fiscal year 2008/2009, in compliance with the requirements of Chapter 3, of the Landscaping and Lighting Act of 1972 (hereinafter referred to as the "Act") which is part 2, Division 15 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 street lighting maintenance within the District's boundaries. This report is prepared for the levy and collection of annual assessments for District 3 for fiscal year 2008/2009. 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. B. OVERVIEW The District described in this report contains parcels of land generally located within the area along Lawrence Street and Marguerite Street between 34th Avenue and Martha Street, consisting of Lots 3-36 and 38-77 of the Map of the "Crossley Tract 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 annually, pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "1972 Act") and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIIC and XIIID ("Proposition 218"). 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. City of Palm Springs, Lighting Maintenance District No. 3- Engineer's Report Page 1 O D O 0 C 9 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 3, Crossley Tract This Report describes the District and the proposed assessments for fiscal year 200812009. 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 Street Lighting Maintenance District No.3 ("Crossley Tract"�, generally located within the area along Lawrence Street and Marguerite Street between 34 h Avenue and Martha Street, consisting of Lots 3-36 and 38-77 of the Map of "Crossley Tract". The District includes 75 single-family residential parcels. The purpose of the District is to ensure the ongoing maintenance, operation and servicing of local street lighting and electrical improvements installed in connection with development of properties 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 current development and improvement plans including all estimated direct expenditures and incidental expenses associated with the maintenance and servicing of the improvements. 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 installed 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 entirely through the District assessments generally include the following: • Street lighting facilities located along 34th Avenue, Martha Street, Lawrence Street and Marguerite Street; 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 described in this Report utilizes commonly accepted assessment engineering practices and has been established pursuant to the 1972 Act and the provisions of Proposition 218. City of Palm Springs, Lighting Maintenance District No. 3-Engineer's Report Page 2 000010 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 3, Crossley Tract Improvements and Services Permitted Pursuant to the 1972 Act As generally defined by the 1972 Act and applicable to this District, improvements and the associated assessments may include one or more of the following: 1) The installation or planting of landscaping; 2) The installation or construction of statuary, fountains, and other ornamental structures and facilities; 3) The installation or construction of public lighting facilities including, but not limited to, street lights and traffic signals; 4) The installation of park or recreational improvements including, but not limited to, all of the following: a) Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage; b) Lights, playground equipment, play courts, and public restrooms; c) The acquisition of land for park, recreational, or open-space purposes; 5) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof; 6) The acquisition of any associated existing improvement; 7) The maintenance or servicing of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement including, but not limited to: a) Repair, removal, or replacement of all or any part of any improvements; b) Grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities; c) Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; d) The removal of trimmings, rubbish, debris, and other solid waste; e) The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti; f) Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; g) Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements; 8) Incidental expenses associated with the improvements including, but not limited to: a) The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; b) The costs of printing, advertising, and the publishing, posting and mailing of notices; c) Compensation payable to the County for collection of assessments; d) Compensation of any engineer or attorney employed to render services; City of Palm Springs, Lighting Maintenance District No. 3-Engineer's Report Page 3 Moil City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 3, Crossley Tract e) Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; and, f) Costs associated with any elections held for the approval of a new or increased assessment. 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.3 ("Crossley Tract'). METHOD OF APPORTIONMENT A. GENERAL The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include the construction, maintenance, and servicing of public lights, landscaping, parks, open space areas and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: "The net amount to be assessed upon lands within an assessment district or District may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." The formula 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. In addition, Article XIII D requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Article XIII D provides that 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 properties within the District to their full potential, consistent with the 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 or 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. 3-Engineer's Report Page 4 0 0 0 012 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 3, Crossley Tract 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 development of 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 or 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 and electrical system benefits all properties by enhancing overall safety, mitigating crime, alleviating the fear of crime, and enhancing pedestrian safety. The street lighting located along 34th Avenue, Martha Street, Lawrence Street and Marguerite Street 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 property desirability. Therefore 100% of the costs of the lights will be apportioned to each parcel on a single-family residential unit basis. All lots are assessed the same amount as each is a single-family lot and receives equivalent benefit. 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. 3- Engineer's Report Page 5 0 60 0 13 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No, 3, Crossley Tract 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- B. DISTRICT BUDGET This report has been prepared pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 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. 3-Engineer's Report Page 6 [r City of Palm Springs--Engineer's Report Street Lighting Maintenance District No. 3, Crossley Tract B. DISTRICT BUDGET FISCAL YEAR 20082009 STREET LIGHTING MAINTENANCE DISTRICT NO. 3 ("CROSSLEY TRACT") Formed in 1983 A. LIGHTING MAINTENANCE ESTIMATED ANNUAL COST 2008/2009 1. Southern California Edison $1,976 2. Labor and Administration $ 547 3. Incidentals $ 270 TOTAL COSTS: $2,793 Note: Maximum approved assessment was in Fiscal Year 1991/1992, established at $4,283. B. Actual Costs vs. Assessments Summary: Account (Surplus) as of 6/30106 = $ 316 Assessment in 2006/2007 = $2,991 Actual Costs in 2006/2007 = 2 307 Account(Surplus) as of 6/30/07 = $1,000 Assessment in 2007/2008 = $2,328 Estimated Costs in 2007/2008 = 2 57D Estimated Account Surplus as of 6/30/08 = $758 C. 2008/2009 ASSESSMENT Estimated cost for 2008/2009 ($2,793) Estimated Account Surplus as of 6/30/08 = 758 Total = ($2,035) Maximum Allowable Assessment= $4,283 Proposed 2008/2009 Assessment = $2,035 '(Note, estimated costs are less than maximum allowable assessment) D. Number of parcels = 75 E. Cost in 2008/2009 per parcel = $27.13 ($2,035 divided by 75 parcels) F. Actual Costs vs. Assessments History(Previous Closed Out 5 Years): Actual Costs: 02/03=$2,339; 03/04=$2,498; 04/05=$2,319; 05/06=$2,315 06/07=$2,307 Assessments: $2,484 $2,492 $3,614 $1,281 $2,991 G. Budget(Expenditure Detail), see Account No. 001-4301-43620 City of Palm Springs, Lighting Maintenance District No. 3-Engineer's Report Page 7 000015 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 3, Crossley Tract APPENDIX A - DISTRICT DIAGRAM The parcels within the Palm Springs Street Lighting Maintenance District No_ 3 ("Crossley Tract"), are shown on the current Riverside County Assessor's Parcel Map Book 681 Page 28. 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. 3 ("Crossley Tract") Boundary is shown on the following page. City of Palm Springs, Lighting Maintenance District No. 3-Engineer's Report Page 8 009018 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 3, Crossley Tract Resolution ISS45 31 TH AVE, 77 4074 as 76 • • _ S� _ i� 2 • $ 37 2d • 36 R • • • e 41 36 k� 1 72 y L 14 34 • 4 71 y 46 33 1to uj :_ 17 32 w Y 7 0 y N+ 46 31 b 7 Y e • \ \ 44 49 sa $ 4 • • • a $ Y S0 29 N7 6s Iw ry ; 5 27 b a 12 • • 53 26 is 63 'v 31 26 $ 11 62 a b 55 21 IS •41 • • _ • • • 23 .� S 16 l0 ^ 67 22 17 • '1 ' • ! • • 61 !I igfI.LOT Y $ • • P P ,16 PTV.C.L. y '+ 42 PO 19 (Nate: SLMD-3 max.It8smsmout approved at S4,283.06 to 1991192) BIM M(KT KVMIIKI (AI TKI I(M( IR4V1 'OK LOT 1 "111 11 Al1(ITM[KT 49,.M nvµTT 'mO iKy(� • TS PROPERTIES FORMED 1988 STREET LIGHTING MAINTENANCE DISTRICT N0, 3 City of Palm Springs, Lighting Maintenance District No. 3- Engineer's Report Page .9 O a O City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 3, Crossley Tract APPENDIX B - ASSESSMENT ROLL Parcel identification for each 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 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. 3-Engineer's Report Page 10 O Q f City of Palm Springs-Engineer's Report Street Lighting Maintenance District No. 3, Crossley Tract RIVERSIDE COUNTY ASSESSMENT ROLL STREET LIGHTING MAINTENANCE DISTRICT NO. 3 ("CROSSLEY TRACT") FISCAL YEAR 2008-2009 FUND NO. 68-2612 ASSESSOR'S ASSESSMENT ASSESSOR'S ASSESSMENT PARCEL NUMBER PARCEL NUMBER 681-281-003-9 $27.13 681-282-008-7 $27.13 681-281-004-0 $27.13 681-282-009-8 $27.13 681-281-005-1 $27.13 681-282-010-8 $27.13 681-281-006-2 $27.13 681-282-011-9 $27.13 681-281-007-3 $27.13 681-2-82-012-0 $27.13 681-281-008-4 $27.13 681-282-013-1 $27.13 681-281-009-5 $27.13 681-282-014-2 $27.13 681-281-010-5 $27.13 681-282-015-3 $27.13 681-281-011-6 $27.13 681-282-016-4 $27.13 681-281-012-7 $27,13 681-282-019-7 $27.13 681-281-013-8 $27.13 681-282-022-9 $27.13 681-281-014-9 $27.13 681-282-023-0 $27.13 681-281-015-0 $27.13 681-282-024-1 $27.13 681-281-016-1 $27,13 681-282-025-2 $27.13 681-281-017-2 $27.13 681-282-026-3 $27.13 681-281-018-3 $27.13 681-282-027-4 $27.13 681-281-019-4 $27.13 I 681-282-028-5 $27.13 681-282-001-0 $27.13 681-282-029-6 $27.13 681-282-002-1 $27.13 681-282-030-6 $27.13 681-282-003-2 $27.13 681-282-031-7 $27.13 681-282-004-3 $27.13 681.282-032-8 $27.13 681-282-005-4 $27.13 681-282-033-9 $27.13 681-282-006-5 $27.13 681-282-034-0 $27.13 681-282-007-6 $27.13 681-282-035-1 $27.13 City of Palm Springs, Lighting Maintenance District No. 3- Engineers Report Page 11 0 0 0 1 City of Palm Springs--Engineer's Report Street Lighting Maintenance District No. 3, Crossley Tract RIVERSIDE COUNTY ASSESSMENT ROLL STREET LIGHTING MAINTENANCE DISTRICT NO. 3 ("CROSSLEY TRACT") FISCAL YEAR 2008-2009 FUND NO. 68-2612 ASSESSOR'S ASSESSMENT ASSESSOR'S ASSESSMENT PARCEL NUMBER PARCEL NUMBER 681-282-036-2 $27.13 681-283-007-9 $27.13 681-282-037-3 $27.13 681-283-008-0 $27,13 681-282-038-4 $27.13 681-283-009-1 $27.13 681-282-039-5 $27.13 681-283-010-1 $27.13 681-282-040-5 $27,13 681-283-011-2 $27.13 681-282-042-7 $27,13 681-283-012-3 $27,13 681-282-043-8 $27.13 681-283-013-4 $27.13 681-282-044 $27.13 681-283-014-5 $27.13 681-283-001-3 $27.13 681-283-015-6 $27.13 681-283-002-4 $27.13 681-283-016-7 $27.13 681-283-003-5 $27.13 681-283-017-8 $27,13 681-283-004-6 $27.13 681-283-018-9 $27,13 681-283-005-7 $27.13 681-283-019-0 $27.13 681-283-006-8 $27.13 TOTAL = $2,034.75 City of Palm Springs, Lighting Maintenance District No. 3-Engineer's Report Page 12 A n A A 9 Q City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6A, Fairport Development CITY OF PALM SPRINGS ENGINEER'S REPORT PARKWAY MAINTENANCE DISTRICT NO. 6A "FAIRPORT DEVELOPMENT" FISCAL YEAR 2008/2009 O� PALM s V cn � y�o RpORAYtio cgirF:0����' Intent Meeting: June 18, 2008 Public Hearing: July 16, 2008 600021 City of Palm Springs— Engineer's Report Parkway Maintenance District No. 6A, Fairport Development Engineer's Report Affidavit Palm Springs Parkway Maintenance District No. 6A Fairport Development This Report describes the District including the improvements, budget, parcels and assessments to be levied for fiscal year 2008/2009, 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 or the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council. Dated this 1 Sth day of June, 2008. V'Q, Usilo �28931 By: *dl p CI David J. Barakian, P.E. q�OFCP��F� Director of Public Works/City Engineer City of Palm Springs Civil Engineer C 28931 City of Palm Springs—Engineers Report Parkway Maintenance District No. 6A, Fairport Development CITY OF PALM SPRINGS ENGINEER'S REPORT PARKWAY MAINTENANCE DISTRICT NO. 6A FAIRPORT DEVELOPMENT Fiscal Year 2008/2009 The Undersigned respectfully submits the enclosed report as directed by the City Council. The undersigned certifies that he is a Professional Engineer, registered in the State of California. David J. Barakian, P.E. Director of Public Works/City Engineer City of Palm Springs 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 18th day of June, 2008. James Thompson, City Clerk Cityof Palm Springs County of Riverside, California 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 16th day of July, 2008. James Thompson, City Clerk City of Palm Springs County of Riverside, California 000023 City of Palm Springs-Engineer's Report Parkway Maintenance District No. 6A, Fairport Development TABLE OF CONTENTS EXECUTIVE SUMMARY ............................... .. .. .................................. --................1 A. Introduction............................ -- .. .. .................................. .. .. ..........1 B. Overview ........................................................ 1 DESCRIPTION OF THE DISTRICT - - - 2 A. Description of the District...................... ............................................ 2 B. Description of Improvements and Services.....................................................2 METHOD OF APPORTIONMENT....---- ......................... - - - 4 A. General..... .. .. ............................... - 4 B. Benefit Analysis............ .. .. .. .................................. .. ..................4 C. Assessment Methodology.................... ......................................... .5 D. Assessment Formula----.................................... 5 DISTRICT BUDGET........................... - - - --............................6 A. Description of Budget Items................................ ------------------------ ..................6 B. District Budget- Fiscal Year 2008/2009.........................................................7 APPENDIX A- District Diagrams. ................................ . ............................................-----8 APPENDIX B -Assessment Roll .............................. .. .. ...................................... 12 000024 City of Palm Springs--Engineer's Report Parkway Maintenance District No. 6A, Fairport Development 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") Parkway Maintenance District No. 6A (hereinafter referred to as the "District"), for fiscal year 2008/2009, in compliance with the requirements of Chapter 3, of the Landscaping and Lighting Act of 1972 (hereinafter referred to as the "Act") which is part 2, Division 15 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 parkway maintenance within the District's boundaries. This report is prepared for the levy and collection of annual assessments for District 6A for fiscal year 2008/2009. 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. B. OVERVIEW The District described in this report contains parcels of land within the residential area identified as the "Fairport Developmment", generally located along Campana Way, Montalvo Way, and Valdivia Way, between Chia Road and Tachevah Drive, west of Gene Autry Trail, consisting of Lots 1-15 of Tract 9780 and Lots 1-16 of Tract 12182. 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 annually, pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "1972 Act") and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIIC and XIIID ("Proposition 218"). 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. City of Palm Springs, Parkway Maintenance District No. 6A - Engineer's Report Page 1 000025 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6A, Fairport Development This Report describes the District and the proposed assessments for fiscal year 2008/2009. 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 Parkway Maintenance District No. 6A ("Fairport Development"), consists of the residential area identified as the "Fairport Developmment", generally located along Campana Way, Montalvo Way, and Valdivia Way, between Chia Road and Tachevah Drive, west of Gene Autry Trail, consisting of Lots 1-15 of Tract 9780 and Lots 1-16 of Tract 12182. The District includes 25 commercial and/or industrial parcels. The purpose of the District is to ensure the ongoing maintenance and servicing of parkway landscape improvements installed in connection with development of properties 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, proposed improvements, method of apportionment and assessments described in this Report are based on current development and improvement plans including all estimated direct expenditures, incidental expenses, and reserves associated with the maintenance and servicing of the improvements. B. DESCRIPTION OF IMPROVEMENTS AND SERVICES The purpose of the District is to ensure the ongoing maintenance, operation and servicing of parkway landscape improvements within the District. These improvements may include, but are not limited to, palm trees, turf areas with mowing strips, desert indigenous trees and ground cover, annual flowers, a sprinkler irrigation and emitter drip system, landscape drainage system, walkways and associated appurtenant facilities located in the dedicated landscaped parkway (street right-of-way) on the west side of Gene Autry Trail (State Highway 111), and all materials, equipment, utilities, labor and appurtenant facilities related to the operation and maintenance of the parkway landscape 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 described in this Report utilizes commonly accepted assessment engineering practices and has been established pursuant to the 1972 Act and the provisions of Proposition 218. Improvements and Services Permitted Pursuant to the 1972 Act As generally defined by the 1972 Act and applicable to this District, improvements and the associated assessments may include one or more of the following: 1) The installation or planting of landscaping; 2) The installation or construction of statuary, fountains, and other ornamental structures and facilities; City of Palm Springs, Parkway Maintenance District No. 6A -Engineer's Report Page 2 000026 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6A, Fairport Development 3) The installation or construction of public lighting facilities including, but not limited to, street lights and traffic signals; 4) The installation of park or recreational improvements including, but not limited to, all of the following: a) Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage; b) Lights, playground equipment, play courts, and public restrooms; c) The acquisition of land for park, recreational, or open-space purposes; 5) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof; 6) The acquisition of any associated existing improvement; 7) The maintenance or servicing of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement including, but not limited to: a) Repair, removal, or replacement of all or any part of any improvements; b) Grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities; c) Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; d) The removal of trimmings, rubbish, debris, and other solid waste; e) The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti; f) Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; g) Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements; 8) Incidental expenses associated with the improvements including, but not limited to: a) The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; b) The costs of printing, advertising, and the publishing, posting and mailing of notices; c) Compensation payable to the County for collection of assessments; d) Compensation of any engineer or attorney employed to render services; e) Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; and, f) Costs associated with any elections held for the approval of a new or increased assessment. City of Palm Springs, Parkway Maintenance District No. 6A -Engineer's Report Page 3 000027 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6A, Fairport Development Landscaping Improvements The parkway landscape improvements may include, but are not limited to, all landscaping material and irrigation facilities within the District. These improvements include ground cover, shrubs, trees, plants, irrigation and drainage systems, ornamental lighting structures, and associated appurtenant facilities located within the District. METHOD OF APPORTIONMENT A. GENERAL The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include the construction, maintenance, and servicing of public lights, landscaping, parks, open space areas and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: "The net amount to be assessed upon lands within an assessment district or District may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." The formula 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. In addition, Article XIII D requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Article XIII D provides that 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/or desired for the properties within the District to their full potential, consistent with the 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 special benefits associated with all parkway improvements are specifically: • Enhanced desirability of properties through association with the improvements; • Improved aesthetic appeal of properties providing a positive representation of the area; • Enhanced adaptation of the urban environment within the natural environment from adequate green space, open space areas and landscaping; • Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention; City of Palm Springs, Parkway Maintenance District No. 6A - Engineer's Report Page 4 000028 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6A, Fairport Development • Increased sense of pride in ownership of property within the District resulting from well- maintained improvements associated with the properties; and • Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise. 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 landscaping 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 or proposed planned development, and is reliant upon the special benefit received from the improvements planned 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. The maintenance and operation of the landscaping improvements provides special benefit to all parcels within the District adjacent to the improvements. Therefore, 100% of the costs will be apportioned to each parcel on a per lot unit basis. The benefits are the same for all parcels except six parcels which consist of 2 legal lots, therefore the assessments for these parcels are twice the regular assessment- 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). 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). City of Palm Springs, Parkway Maintenance District No. 6A - Engineer's Report Page 5 000029 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6A, Fairport Development 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 actual maintenance experience is lacking, cost estimates will be used to determine costs, as follows: Parkway Landscape Maintenance: Includes maintenance labor, materials and equipment required to properly maintain the authorized improvements and services within the District. Water costs: The cost of irrigation water for the parkway landscaping to be maintained is based upon actual Desert Water Agency billings on publicly landscaped areas being maintained within the District. Electrical enerav costs: Energy costs included are those necessary for the operation of irrigation controls. 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 $0.20 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. B. DISTRICT BUDGET This report has been prepared pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code) and Article XIIID, Section 4 of the California Constitution (Proposition 218). See next page. City of palm Springs, Parkway Maintenance District No. 6A -Engineer's Report Page 6 060029 City of Palm Springs--Engineer's Report Parkway Maintenance District No. 6A, Fairport Development B. DISTRICT BUDGET FISCAL YEAR 2008/2009 PARKWAY MAINTENANCE DISTRICT NO. 6A ("FAIRPORT DEVELOPMENT") Formed in 1980 A. PARKWAY LANDSCAPE MAINTENANCE ESTIMATED ANNUAL COST 2008/2009 1. Maintenance Costs a. Contract Cost $2,164 b. Palm Tree Trimming $743 2. Desert Water Agency(irrigation costs) $527 3. Incidentals $200 4. Administration 579 TOTAL COSTS: $4,213 Note: Maximum approved assessment was in Fiscal Year 1993/1994, established at $5,154. B. Actual Costs vs. Assessments Summary: Account Deficit as of 6/30106 = ($75) Assessment in 2006/2007 = $5,126 Actual Costs in 2006/2007 = 3 240 Account Surplus as of 6130/07 = $1,811 Assessment in 2007/2008 = $3,748 Estimated Costs in 2007/2008 = 3 922 Estimated Account Surplus as of 6/30/08 = $1,637 C. 2008/2009 ASSESSMENT Estimated costs for 2008/2009 ($4,213) Estimated Account Surplus as of 6/30108 = $1,637 Total = ($2,576) Maximum Allowable Assessment= $5,154 Proposed 2008/2009 Assessment = $5,154 *(Note, estimated costs are less than the maximum allowable assessment)- D. Number of parcels = 25 (31 individual lots, with 6 parcels including two merged lots) E. Cost in 2008/2009 per lot= $166.26 ($5,154 divided by 31 lots) 2008/2009 Assessment. 19 parcels @ $166.26 and 6 parcels @ $332.52 ($166.26 x 2 lots) F. Actual Costs vs. Assessments History(Previous Closed Out 5 Years): Actual Costs: 02/03=$3,471; 03/04=$3,400; 04/05=$3,768; 05/06=$3,786; 06/07=$3,240 Assessments: $4,181 $4,560 $3,477 $2,973 $5,126 G. Budget (Expenditure Detail), see Account No. 001-2451-43530 City of Palm Springs, Parkway Maintenance District No. 6A - Engineer's Report Page 7 O O O O City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6A, Fairport Development APPENDIX A— DISTRICT DIAGRAM The parcels within the Palm Springs Parkway Maintenance District No. 6A, are shown on the current Riverside County Assessor's Parcel Map Book 677 Pages 45 and 46. The County Assessor's Parcel Map along with the Assessment Roll constitutes the District Assessment Diagram. A copy of the Parkway Maintenance District No-6A boundary is shown on the following pages. City of Palm Springs, Parkway Maintenance District No. 6A -Engineer's Report Page 8 000032 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6A, Fairport Development VISTA CHINO ' L'AArJYA'A•WrY - ' rNrvlrr - :� 26 PROPERTIES FORMED.100 � . (No1s:Pti'[II-b�m�x.•usasmeat�pProvbd atT1,8�,8.90 In 1992J93} 41 N _ FIAM17N fiOA,U - aa:ee At 1 E Ef Vrl�rr_ .A 99 PROPERTIES rOkM✓=D 1 80 3 b 4 • . •90 PROPERTIES FORMED 1080` r� I Landsoaping•and Lighting Aot of.1079 r. PARKWAYS MAINTENANC'E DISTRICT, NO.6 A,B,& C Nly or kw sont"S,Cout4ft Qf' tilveftsIDE,STATE OF CALIFORHIA City of Palm Springs, Parkway Maintenance District No. 6A -Engineer's Report Page 9 3 City of Palm Springs--Engineer's Report Parkway Maintenance District No. 6A, Fairport Development ITInn 3Mm 3H.90 O 3 R O + k ew 111o1WAY x � I Y I({ l 1 $ I I IY � pl y� urrr I 1 I a x yf — - �nra-a rTn� — rrj}Y non X Ik" •• "4. AI I >r N � Y � I a s City of Palm Springs, Parkway Maintenance District No. 6A - Engineer's Report Page 10 City of Palm Springs— Engineer's Report Parkway Maintenance District No. 6A, Fairport Development �_sen• eae- rr9re0 ; e,• la•I I h r o u A + ly rO N O 6; W O v 1IV \ A N R fo6)iY+'Jre �i. WAY-- - cor o $ t n I h y a M O II aca oJ' Eou o:' � x So/• s I � ti e o u � �'• v y m O W b q 1 e ` 1 �, iorc /f.+'.• .oe.oc Lot or W ry h W ]I+ W I 11 I ry ♦ n Ie V � /9/ate• I , � mr r • 4 Na fs ram-fi/ N — G o City of Palm Springs, Parkway Maintenance District No. 6A -Engineer's Report Page ll Q City of Palm Springs— Engineer's Report Parkway Maintenance District No. 6A, Fairport Development APPENDIX B — ASSESSMENT ROLL 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 proposed to be assessed within this District, along with the assessment amounts, is shown on the following table. City of Palm Springs, Parkway Maintenance District No. 6A -Engineer's Report Page 12 00 ®� City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6A, Fairport Development RIVERSIDE COUNTY ASSESSMENT ROLL PARKWAY MAINTENANCE DISTRICT NO. 6A ("FAIRPORT DEVELOPMENT") FISCAL YEAR 2008-2009 FUND NO. 68-2619 ASSESSOR'S PARCEL ASSESSMENT NUMBER 677-451-002-2 $166.26 677-451-003-3 $166.26 677-451-004-4 $166,26 677-452-001-4 $166,26 677-452-002-5 $16626 677-452-005-8 $166,26 677-452-006-9 $166.26 677-452-007-0 $332.52 677-453-003-9 $16626 677-453-004-0 $166.26 677-453-007-3 $332.52 677-453-008-4 $332.52 677-461-001-2 $166.26 677-461-002-3 $166.26 677-461-003-4 $166,26 677-461-004-5 $166.26 677-461-005-6 $166.26 677-461-006-7 $16626 677-461-009-0 $166,26 677-461-011-1 $166.26 677-461-013-3 $332.52 677-461-015-5 $332,52 677-462-001-5 $166.26 677-462-002-6 $166.26 677-462-005-9 $332,52 TOTAL = $5,154.06 City of Palm Springs, Parkway Maintenance District No. 6A - Engineer's Report Page 13 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6C, Park Sonora Tract CITY OF PALM SPRINGS ENGINEER'S REPORT PARKWAY MAINTENANCE DISTRICT NO. 6C "PARK SONORA TRACT" FISCAL YEAR 2008/2009 ?ALAI S u Ln * Rp08AITO cq� r FO R��P Intent Meeting: June 18, 2008 Public Hearing: July 16, 2008 G0�®u8 City of Palm Springs— Engineer's Report Parkway Maintenance District No. 6C, Park Sonora Tract Engineer's Report Affidavit Palm Springs Parkway Maintenance District No. 6C, "Park Sonora Tract" This Report describes the District including the improvements, budget, parcels and assessments to be levied for fiscal year 2008/2009, 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 18th day of June, 2008. EBA���Fy By C 2893} David J. Barakian, P.E. k Q Director of Public Works/City Engineer rrgT�Or AG\FO�� City of Palm Springs Civil Engineer C 28931 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6C, Park Sonora Tract CITY OF PALM SPRINGS ENGINEER'S REPORT PARKWAY MAINTENANCE DISTRICT NO. 6C PARK SONORA TRACT Fiscal Year 2008/2009 The Undersigned respectfully submits the enclosed report as directed by the City Council. The undersigned certifies that he is a Professional Engineer, registered in the State of California, David J. Barakian, P.E. Director of Public Works/City Engineer City of Palm Springs 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 18th day of June, 2008. James Thompson, City Clerk City of Palm Springs 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 16th day of July, 2008. James Thompson, City Clerk City of Palm Springs County of Riverside. California 000040 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6C, Park Sonora Tract TABLE OF CONTENTS EXECUTIVE SUMMARY............................................................................................................ 1 A. Introduction .................................................................................................... 1 B. Overview...................................................... ........•-- ----------------- ----- -- --. 1 DESCRIPTION OF THE DISTRICT............................................................................................2 A. Description of the District .................................................................. 2 B. Description of Improvements and Services ....................................................2 METHOD OF APPORTIONMENT-------------------...........................................................................4 A. General..........................................................................................................4 B. Benefit Analysis.....................................................................................-------4 C. Assessment Methodology -- -- .. .. .. -- .. .. .. ... ....................................5 D. Assessment Formula........ .................................................. •-- ---- --5 DISTRICT BUDGET...................................................................................................................6 A. Description of Budget Items ...........................................................................6 B. District Budget- Fiscal Year 2008/2009 .........................................................7 APPENDIX A—District Diagrams...............................................................................................8 APPENDIX B—Assessment Roll .. -- .. .. .. .. .. .. ............................... 11 00004 .1 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6C, Park Sonora Tract 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") Parkway Maintenance District No. 6C ("Park Sonora Tract"), (hereinafter referred to as the "District"), for fiscal year 2008/2009, in compliance with the requirements of Chapter 3, of the Landscaping and Lighting Act of 1972 (hereinafter referred to as the "1972 Act") which is part 2, Division 15 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 parkway maintenance within the District's boundaries. This report is prepared for the levy and collection of annual assessments for District for fiscal year 2008/2009. 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. On May 11, 2006, City staff conducted a Public Workshop for this District, at which time various owners attended and requested that the City consider eliminating the CPI annual inflator. The official ballots submitted to the owners for property owner protest ballot proceedings were revised to City of Palm Springs, Parkway Maintenance District No. 5C—Engineer's Report Page'Q 6 Q City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6C, Park Sonora Tract eliminate reference to the CPI annual inflator, and a fixed, increased maximum assessment of$412.27 per parcel. At the July 19, 2006, City Council meeting, a Public Hearing was conducted and a property owner protest ballot proceeding concluded, with the passage of the proposed increase to the existing maximum annual assessments within the District. Beginning with fiscal year 2006/2007, and thereafter, the maximum annual assessment is established at $41227 per parcel. B. OVERVIEW The District described in this report includes all lots and parcels within the residential area identified as the "Park Sonora Tract", consisting of Tract 5078, The City proposes to annually levy and collect special assessments to continue the maintenance of the improvements within the proposed District. Assessments within the District are proposed to be levied annually, pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the 1972 Act") and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIIC and XIIID ("Proposition 218"). 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 2007-2008. 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 Parkway Maintenance District No. 6C ("Park Sonora Tract"), includes all lots and parcels within the residential area identified as the "Park Sonora Tract", consisting of Tract 5078. The District includes 30 residential parcels. The purpose of the District is to ensure the ongoing maintenance and servicing of parkway landscape improvements installed in connection with development of properties 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, proposed improvements, method of apportionment and assessments described in this Report are based on improvement plans including all estimated direct expenditures, incidental expenses, and reserves associated with the maintenance and servicing of the improvements. City of Palm Springs, Parkway Maintenance District No. 6C—Engineer's Report Page (� City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6C, Park Sonora Tract B. DESCRIPTION OF IMPROVEMENTS AND SERVICES The purpose of the District is to ensure the ongoing maintenance, operation and servicing of parkway landscape improvements within the District. These improvements may include, but are not limited to, palm trees, turf areas with mowing strips, desert indigenous trees and ground cover, annual flowers, a sprinkler irrigation and emitter drip system, landscape drainage system, walkways and associated appurtenant facilities located in the dedicated landscaped parkway (street right-of-way) on the east side of El Cielo Road, and all materials, equipment, utilities, labor and appurtenant facilities related to the operation and maintenance of the parkway landscape 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 described in this Report utilizes commonly accepted assessment engineering practices and has been established pursuant to the 1972 Act and the provisions of Proposition 218. Improvements and Services Permitted Pursuant to the 1972 Act As generally defined by the 1972 Act and applicable to this District, improvements and the associated assessments may include one or more of the following: 1) The installation or planting of landscaping; 2) The installation or construction of statuary, fountains, and other ornamental structures and facilities; 3) The installation or construction of public lighting facilities including, but not limited to, street lights and traffic signals; 4) The installation of park or recreational improvements including, but not limited to, all of the following: a) Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage; b) Lights, playground equipment, play courts, and public restrooms; c) The acquisition of land for park, recreational, or open-space purposes; 5) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof; 6) The acquisition of any associated existing improvement; 7) The maintenance or servicing of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement including, but not limited to- a) Repair, removal, or replacement of all or any part of any improvements; b) Grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities; c) Providing for the life, growth, health, and beauty of landscaping, including cultivation, " irrigation, trimming, spraying, fertilizing, or treating for disease or injury; d) The removal of trimmings, rubbish, debris, and other solid waste; City of Palm Springs, Parkway Maintenance District No. 6C—Engineer's Report Page 3 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6C, Park Sonora Tract e) The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti; f) Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; g) Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements; S) Incidental expenses associated with the improvements including, but not limited to.- a) The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; b) The costs of printing, advertising, and the publishing, posting and mailing of notices; c) Compensation payable to the County for collection of assessments; d) Compensation of any engineer or attorney employed to render services; e) Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; and, f) Costs associated with any elections held for the approval of a new or increased assessment. Landscaping Improvements The parkway improvements may include, but are not limited to, all landscaping material and facilities within the District. These improvements include ground cover, shrubs, trees, plants, irrigation and drainage systems, ornamental lighting structures and associated appurtenant facilities located within the District. METHOD OF APPORTIONMENT A. GENERAL The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include the construction, maintenance, and servicing of public lights, landscaping, parks, open space areas and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value- "The net amount to be assessed upon lands within an assessment district or District may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." The formula 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. In addition, Article XIII D requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Article XIII D provides that only special benefits are assessable and the City must separate the general benefits from the special benefits. City of Palm Springs, Parkway Maintenance District No. 6C--Engineer's Report Page u 0 0 5 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6C, Park Sonora Tract B. BENEFIT ANALYSIS All improvements associated with this District have been identified as necessary, required and/or desired for the properties within the District to their full potential, consistent with the 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 special benefits associated with the parkway improvements are specifically: • Enhanced desirability of properties through association with the improvements; • Improved aesthetic appeal of properties providing a positive representation of the area; • Enhanced adaptation of the urban environment within the natural environment from adequate green space, open space areas and landscaping; • Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention; • Increased sense of pride in ownership of property within the District resulting from well- maintained improvements associated with the properties; and • Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise. 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 landscaping 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 or proposed planned development, and is reliant upon the special benefit received from the improvements planned 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. The maintenance and operation of the landscaping improvements provides special benefit to all parcels within the District adjacent to the improvements. Therefore, 100% of the costs will be apportioned to each parcel on a per lot unit basis. All lots are assessed the same amount as each is a single-family lot and receives equivalent benefit. City of Palm Springs, Parkway Maintenance District No. 6C—Engineer's Report page 5000046 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6C, Park Sonora Tract 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). 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 actual maintenance experience is lacking, cost estimates will be used to determine costs, as follows- Parkway Landsca a Maintenance: Includes maintenance labor, materials and equipment required to properly maintain the authorized improvements and services within the District. Water costs: The cost of irrigation water for the parkway landscaping to be maintained is based upon actual Desert Water Agency billings on publicly landscaped areas being maintained within the District. Electrical enerav costs: Energy costs included are those necessary for the operation of irrigation controls and decorative (ornamental) landscape lighting improvements. 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 $0.20 per levied parcel, to place the assessments on the tax rolls. This charge will be distributed between the benefit Districts. City of palm Springs, Parkway Maintenance District No. 6C—Engineer's Report Page 6000047 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6C, Park Sonora Tract 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. B. DISTRICT BUDGET This report has been prepared pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code) and Article XIIID, Section 4 of the California Constitution (Proposition 218). See next page. City of Palm Springs, Parkway Maintenance District No. 6C—Engineer's Report Page U 0 0 0 4 8 City of Palm Springs— Engineer's Report Parkway Maintenance District No. 6C, Park Sonora Tract B. DISTRICT 13UDGET FISCAL YEAR 2008/2009 PARKWAY MAINTENANCE DISTRICT NO, 6C ("PARK SONORA TRACT") Formed in 1980 A. PARKWAY LANDSCAPE MAINTENANCE ESTIMATED ANNUAL COST 2008/2009 1. Maintenance Costs a. Merchants Landscape Services, Inc., contract cost $5,367 b. Palm Tree Trimming $ 463 c. Landscape Lighting Maintenance $ 200 2. Southern California Edison $ 426 3. Desert Water Agency (irrigation costs) $2,037 4. Incidentals $ 250 5. Administration $ 633 6. Reserve Fund $3,100 TOTAL COSTS: $12,476 Note: Maximum approved assessment was in Fiscal Year 2007/2008, established at $12,368. B. Actual Costs vs. Assessments Summary: Account (Deficit) as of 6/30/06 = ($23,861) Assessment in 2006/2007 = $12,368 Actual Costs in 2006/2007 = 8 536 Account(Deficit) as of 6/30/07 = ($20,029) Assessment in 2007/2008= $12,368 Estimated Costs in 2007/2008 = 12 054 Estimated Account (Deficit) as of 6/30/08 = ($19,715) C. 2008/2009 ASSESSMENT Estimated cost for 2008/2009 ($12,476) Estimated Account (Deficit) as of 6/30/08= ( 19 715 Total = ($32,191) Maximum Allowable Assessment = $12,368 D. Number of parcels = 30 E. Cost in 2008/2009 per parcel = $41227 ($12,368 divided by 30 parcels) F. Actual Costs vs. Assessments History(Previous Closed Out 5 Years): Actual Costs: 02/03=$9,074; 03/04=$8,477; 04/05=$11,918; 05/06=$9,500; 06/07=$8,536 Assessments: $8,262 $8,262 $8,262 $8,262 $12,368 G. Budget (Expenditure Detail), see Account No. 001-2451-43550 City of Palm Springs, Parkway Maintenance District No. 6C—Engineer's Report Page 800004 9 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6C, Park Sonora Tract APPENDIX A - DISTRICT DIAGRAM The parcels within the Palm Springs Parkway Maintenance District No. 6C ("Park Sonora Tract"), are shown on the current Riverside County Assessor's Parcel Map Book 669 Page 50. The County Assessor's Parcel Map along with the Assessment Roll constitutes the District Assessment Diagram. A copy of the Parkway Maintenance District No. 6C ("Park Sonora Tract") boundary is shown on the following pages. City of Palm Springs, Parkway Maintenance District No. 6C— Engineer's Report Page 9 D o G G 5 a City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6C. Park Sonora Tract VISTA AMINO z PROPERT(E3 FORMED.inn (Nett:PMb-0 mox asscmmcat approved 441,618.00 IQ I99"3) f� 'FJL 1,X� - w MN M- •ti mrix RWONFI0A. D ArL1eMt Art. C�.Y f-i R D 99 PF* ERTIEB FORMED i 8o j . r r r - - �'.1� t,(k'1NlR1rY(NI. ,• rnwr G•8O pROP6R'RES FORMED 1980' Undsoaping•and Llghting Aot 0.1072 K. PARKWAYS MAINTENANCE pISTRICT _NQ•6 Ad3,& C CITY aF OALM SPRIN08,COON'PY OF 01YE(iBIWATATE 0 F CALIFORNIA City of Palm Springs, Parkway Maintenance District No. 6C—Engineer's Report Page 1 Q a a 1 L City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6C, Park Sonora Tract /r j /w,r fin.• JJ.m JAGav MAO - I c SS i a4�JW�J j p -T a 22 m r fle JM JO� JM.ai•� JM JN.v qG.V ®Jnf.JF -X+Jf' �Qlf �yd � O s�Y Jaxfq' JMa/ In a+ Jb,rY � �� wn fix jY d A® t x® a� 4 �O� '7 O . g [M1 M/iT• JAIAr /h4M' J/4N• �w[' RIY w zz •( r` �� 1_•1MLG=� lMYs fz �` �. �• 6 .W TRA City of Palm Springs, Parkway Maintenance District No. 6C—Engineer's Report Page 1�O City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6C, Park Sonora Tract APPENDIX B - ASSESSMENT ROLL Parcel identification for each lot or parcel within Parkway Maintenance District No. 6C ("Park Sonora Tract") 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 associated with the Secured Roll. A listing of parcels proposed to be assessed within this District, along with the assessment amounts, is shown on the following table. r �n City of Palm Springs, Parkway Maintenance District No. 6C— Engineer's Report Page 0 El 'S City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6C, Park Sonora Tract RIVERSIDE COUNTY ASSESSMENT ROLL PARKWAY MAINTENANCE DISTRICT NO. 6C ("PARK SONORA TRACT") FISCAL YEAR 2008-2009 FUND NO. 68-2621 ASSESSOR'S ASSESSMENT ASSESSOR'S ASSESSMENT PARCEL NUMBER PARCEL NUMBER 680-500-003-8 $41227 680-500-018-2 $412.27 680-500-004-9 $412.27 680-500-019-3 $412,27 680-500-005-0 $412.27 680-500-020-3 $412.27 680-500-006-1 $41227 680-500-021-4 $412.27 680-500-007-2 $412.27 680-500-022-5 $41227 680-500-008-3 $412.27 680-500-023-6 $412.27 680-500-009-4 $412.27 680-500-024-7 $412.27 680-500-010-4 $412.27 680-500-025-8 $412,27 680-500-011-5 $412,27 680-500-026-9 $41227 680-500-012-6 $412.27 680-500-027-0 $412.27 680-500-013-7 $412.27 680-500-028-1 $412.27 680-500-014-8 $412.27 680-500-029-2 $412.27 680-500-015-9 $412.27 680-500-030-2 $412.27 680-500-016-0 $412.27 680-500-031-3 $412.27 680-500-017-1 $412,27 680-500-032-4 $412.27 TOTAL = $12,368.10 City of Palm Springs, Parkway Maintenance District No. 6C—Engineer's Report Page 13 0aoo � City of Palm Springs—Engineer's Report Parkway Maintenance District No. 9, Flora Vista CITY OF PALM SPRINGS ENGINEER'S REPORT PARKWAY MAINTENANCE DISTRICT NO. 9 "FLORA VISTA" FISCAL YEAR 2008/2009 OF PALM S U cn o * you Nq� rE apORAY EV Olt r F'O RN`P Intent Meeting: June 18, 2008 Public Hearing: July 16, 2008 �� �55 City of Palm Springs-- Engineer's Report Parkway Maintenance District No. 9, Flora Vista Engineer's Report Affidavit Palm Springs Parkway Maintenance District No. 9, "Flora Vista" This Report describes the District including the improvements, budget, parcels, and assessments to be levied for fiscal year 2008/2009, 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 18th day of June, 2008. / 51pNq� BA C C-28931 Cq David J. Barakian, P.E. p CMG C� Director of Public Works/City Engineer T9 OF CA4�F�� City of Palm Springs Civil Engineer C 28931 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 9, Flora Vista CITY OF PALM SPRINGS ENGINEER'S REPORT PARKWAY MAINTENANCE DISTRICT NO. 9 FLORA VISTA Fiscal Year 2008/2009 The Undersigned respectfully submits the enclosed report as directed by the City Council. The undersigned certifies that he is a Professional Engineer, registered in the State of California. David J. Barakian, P.E. Director of Public Woft/Gily Engineer City of Palm Springs County of Riverside, Califomia 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 18th day of June, 2008. James Thompson, City Clerk City of Palm Springs 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 16th day of July, 2008. James Thompson, City Clerk City of Palm Springs County of Riverside, California 000057 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 9, Flora Vista TABLE OF CONTENTS EXECUTIVE SUMMARY............................... - - - - ................................ 1 A. Introduction ............................ .. -- .. .. .. .................................. ... 1 B. Overview....... ................................... 1 DESCRIPTION OF THE DISTRICT ........................................ 2 A. Description of the District ......................................... .. --....................2 B. Description of Improvements and Services ....................................................2 METHOD OF APPORTIONMENT ............................... - - - 4 A. General........................... 4 B. Benefit Analysis..............................................................................................4 C. Assessment Methodology....................................... .. .. ...........................5 D. Assessment Formula..........................................................................5 DISTRICT BUDGET - ............................... - -- - ..................................... - 6 A. Description of Budget Items ............................................ . .................6 B. 2008/2009 District Budget............. .. .. .. .. .. ...................................-----------7 APPENDIX A- District Diagrams........................ .. .. .. ........................................... .. 8 APPENDIX B-Assessment Roll............................ -- .. -- .. .. ................................... 11 QQd®�C� City of Palm Springs—Engineer's Report Parkway Maintenance District No. 9, Flora Vista 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") Parkway Maintenance District No. 9 ("Flora Vista"), (hereinafter referred to as the "District°), for fiscal year 2008/2009, in compliance with the requirements of Chapter 3, of the Landscaping and Lighting Act of 1972 (hereinafter referred to as the 1972 Act") which is part 2, Division 15 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 parkway landscape maintenance within the District's boundaries. This report is prepared for the levy and collection of annual assessments for the District for fiscal year 2008/2009. 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 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 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. City of Palm Springs, Parkway Maintenance District No. 9—Engineer's Report Page 1 0 0 0 0 5 9 City of Palm Springs— Engineer's Report Parkway Maintenance District No. 9, Flora Vista B. OVERVIEW The District described in this report includes all lots and parcels within the residential area identified as "Flora Vista", consisting of Tract 26364-1, 26364-2, 26364-3 and Tract 26364. 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 annually, pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "1972 Act") and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIIC and XIIID ("Proposition 218"). 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 2008/2009. 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 includes all lots and parcels within the residential area identified as "Flora Vista', consisting of Tract 26364-1, 26364-2, 26364-3 and Tract 26364. The District includes 77 single family residential lots. The purpose of the District is to ensure the ongoing maintenance and servicing of local street landscaping improvements installed in connection with development or properties 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, proposed improvements, method of apportionment and assessments described in this Report are based on improvement plans including all estimated direct expenditures, incidental expenses, and reserves associated with the maintenance and servicing of the improvements. B. DESCRIPTION OF IMPROVEMENTS AND SERVICES The purpose of the District is to ensure the ongoing maintenance, operation and servicing of parkway landscape improvements within the District. These improvements may include, but are not limited to, palm trees, turf areas with mowing strips, desert indigenous trees and ground cover, annual flowers, a sprinkler irrigation and emitter drip system, landscape drainage system, walkways and associated appurtenant facilities located in the dedicated landscaped parkway(street right-of-way) on the west side of Sunrise Way, and all materials, equipment, utilities, labor and appurtenant facilities related to the operation and maintenance of the parkway landscape improvements. City of Palm Springs, Parkway Maintenance District No. 9—Engineer's Report Page 2 660060 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 9, Flora Vista 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 described in this Report utilizes commonly accepted assessment engineering practices and has been established pursuant to the 1972 Act and the provisions of Proposition 218. Improvements and Services Permitted Pursuant to the 1972 Act As generally defined by the 1972 Act and applicable to this District, improvements and the associated assessments may include one or more of the following: 1) The installation or planting of landscaping; 2) The installation or construction of statuary, fountains, and other ornamental structures and facilities; 3) The installation or construction of public lighting facilities including, but not limited to, street lights and traffic signals; 4) The installation of park or recreational improvements including, but not limited to, all of the following: a) Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage; b) Lights, playground equipment, play courts, and public restrooms; c) The acquisition of land for park, recreational, or open-space purposes; 5) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof; 6) The acquisition of any associated existing improvement; 7) The maintenance or servicing of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement including, but not limited to. a) Repair, removal, or replacement of all or any part of any improvements; b) Grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities; c) Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; d) The removal of trimmings, rubbish, debris, and other solid waste; e) The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti; f) Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; g) Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements; 8) Incidental expenses associated with the improvements including, but not limited to: a) The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; City of Palm Springs, Parkway Maintenance District No. 9—Engineer's Report Page 3 9 0 0 0 rR 1 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 9, Flora Vista b) The costs of printing, advertising, and the publishing, posting and mailing of notices; c) Compensation payable to the County for collection of assessments; d) Compensation of any engineer or attorney employed to render services; e) Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; and, f) Costs associated with any elections held for the approval of a new or increased assessment. Landscaping Improvements The parkway improvements may include, but are not limited to, all landscaping material and facilities within the District. These improvements include ground cover, shrubs, trees, plants, irrigation and drainage systems, and associated appurtenant facilities located within the District: METHOD OF APPORTIONMENT A. GENERAL The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include the construction, maintenance, and servicing of public lights, landscaping, parks, open space areas and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: "The net amount to be assessed upon lands within an assessment district or District may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." The formula 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. In addition, Article XIII D requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Article XIII D provides that 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/or desired for the properties within the District to their full potential, consistent with the 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. City of Palm Springs, Parkway Maintenance District No. 9—Engineer's Report Page 4 000082 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 9, Flora Vista The special benefits associated with the parkway improvements are specifically.- Enhanced desirability of properties through association with the improvements; • Improved aesthetic appeal of properties providing a positive representation of the area; • Enhanced adaptation of the urban environment within the natural environment from adequate green space, open space areas and landscaping,- Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention; • Increased sense of pride in ownership of property within the District resulting from well- maintained improvements associated with the properties; and • Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise. 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 landscaping 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 or proposed planned development, and is reliant upon the special benefit received from the improvements planned 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. The maintenance and operation of the landscaping improvements provides special benefit to all parcels within the District adjacent to the improvements. Therefore, 100% of the costs will be apportioned to each parcel on a per lot unit basis. All lots are assessed the same amount as each is a single-family lot and receives equivalent benefit. 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). 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 City of Palm Springs, Parkway Maintenance District No. 9—Engineer's Report Page 5 OHM City of Palm Springs—Engineer's Report Parkway Maintenance District No. 9, Flora Vista 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 actual maintenance experience is lacking, cost estimates will be used to determine costs, as follows: Parkway Landscape Maintenance: Includes maintenance labor, materials and equipment required to properly maintain the authorized improvements and services within the District. Water costs: The cost of irrigation water for the parkway landscaping to be maintained is based upon actual Desert Water Agency billings on publicly landscaped areas being maintained within the District. Electrical energy costs: Energy costs included are those necessary for the operation of irrigation controls. 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 $0.20 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. B. DISTRICT BUDGET This report has been prepared pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code) and Article XIIID, Section 4 of the California Constitution (Proposition 218). See next page. City of Palm Springs, Parkway Maintenance District No. 9--Engineer's Report Page 6 Q 0 0®C x City of Palm Springs—Engineer's Report Parkway Maintenance District No. 9, Flora Vista B. DISTRICT BUDGET FISCAL YEAR 2008/2009 PARKWAY MAINTENANCE DISTRICT NO. 9 ("FLORA VISTA") Formed in 1997 A. PARKWAY LANDSCAPE MAINTENANCE ESTIMATED ANNUAL COST 2008/2009 1. Maintenance Costs a. Merchants Landscape Services , Inc., $12,657 b. Palm Tree Trimming $ 231 2. Southern California Edison $ 192 3. Desert Water Agency(irrigation costs) $ 2,208 4. Incidentals $ 200 5. Administration 650 TOTAL COSTS: $16,138 Note: Maximum approved assessment was in Fiscal Year 1997/1998, established at $17,409. B. Actual Costs vs. Assessments Summary: Account(Deficit) as of 6/30/06 = ($22,656) Assessment in 2006/2007 = $17,409 Actual Costs in 2006/2007 = 14 955 Account (Deficit) as of 6130/07 = ($20,202) Assessment in 2007/2008= $17,409 Estimated Costs in 2007/2008 = 15 302 Estimated Account (Deficit) as of 6/30/08 = ($18,095) C. 2008/2009 ASSESSMENT Estimated cost for 2008/2009 ($16,138) Estimated Account (Deficit) as of 6130/08 = ( 18 095 Total = ($34,233) Maximum Allowable Assessment= $17,409 D. Number of parcels = 77 E. Cost in 2008/2009 per parcel = $226.09 ($17,409 divided by 77) F. Actual Costs vs. Assessments History(Previous Closed Out 5 Years): Actual Costs: 02/03=$1,926; 03/04=$20,541; 04/05=$18,871; 05/06=$20,389; 06/07=$14,955 Assessments: $0 $0 $3,000 $17,409 $17,409 G. Budget (Expenditure Detail), see Account No. 001-2451-43580 City of Palm Springs, Parkway Maintenance District No. 9—Engineer's Report Page 7 990095 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 9, Flora Vista APPENDIX A - DISTRICT DIAGRAM The parcels within the Palm Springs Parkway Maintenance District No. 9 ("Flora Vista"), are shown on the current Riverside County Assessor's Parcel Map Book 501, Page 18. The County Assessor's Parcel Map along with the Assessment Roll constitutes the District Assessment Diagram_ A copy of the Parkway Maintenance District No. 9 ("Flora Vista") boundary is shown on the following page. City of Palm Springs, Parkway Maintenance District No. 9--Engineer's Report Page 8 G r • r i � �l N � � i+ _ � •�l�/ i ��.�, Ile i i� �RT� �� ��•= jl � I lj` � r PIP; r � City of palm Springs-Engineer's Report Parkway Maintenance District No. 9, Flora Vista --- ?AQ[4E:T -C-LtiB-- - —ROAD] rG ❑ ra is 1° SS W 'v n » ra .' • R re „ z, 9RN ab r5 14 73 YY TD 1 62 61 a 66 59 Se s2 y 56 �'' a 55 � 71 �P W n tl ¢iA. M1L a uA1'4' tVr ,7( AMEm °a WAY - �° • i sO I m owr.,� ne irr °• Te.1 Y6 7{ • • 7 nfw 6 5 $Z' � a aa -�ABITA-��k 72 x Ye N.o n ,tY 1 56 r, t Y° 12 R SI it � r 1 a19 I 1u I— v. Pl,: rp Ya Sp 4r� IG IS § II E I q 6 30 y • 11 =!a ;9 Y° 6 p1 fora .aa nn �4 a f9RENA r• s 29 x § I Y7 26 IB r1 y a4aa Wn x y d rjSpY 74 FX To 26 )a 19 20 g 21 m„ 31 f6 27 i Yu r *u Ya liuo»a .mn L 1 k rs 26 $ 25 N 23 72 //��;; 19 Y° 17 16 R l'0 .N -MGA—� — — -i'YAY— a. MAx 71 T n lO 0 a i0 11 12 .v 17 H 1N YS 15', IX o+ 73 O © O O O O (D vo I 1 ° 7 6 a • 3 1 v 9 wrn „ City of Palm Springs, Parkway Maintenance District No. 9-Engineer's Report Page 10 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 9, Flora Vista APPENDIX B - ASSESSMENT ROLL 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 proposed to be assessed within this District, along with the assessment amounts, is shown on the following table. City of Palm Springs, Parkway Maintenance District No. 9—Engineer's Report Page 11 Q O O G S 9 City of Palm Springs-Engineer's Report Parkway Maintenance District No. 9, Flora Vista RIVERSIDE COUNTY ASSESSMENT ROLL PARKWAY MAINTENANCE DISTRICT NO. 9 ("FLORA VISTA") FISCAL YEAR 2008-2009 FUND NO. 68-2630 ASSESSOR'S ASSESSMENT ASSESSOR'S TASSESSMENT PARCEL NUMBER PARCEL NUMBER 501-181-001 $226.09 501-181-056 $226,09 501-181-002 $226.09 501-181-057 $226.09 501-181-003 $226.09 501-181-058 $226.09 501-181-004 $226.09 501-181-059 $226.09 501-181-005 $226.09 501-161-060 $226.09 501-181-006 $226.09 501-181-061 $226,09 501-181-007 $226.09 I 501-181-062 $226.09 501-181-010 $226.09 501-181-063 $226.09 601-181-011 $226.09 501-181-064 $226,09 501-181-012 $226.09 501-181-065 $226.09 501-181-013 $226.09 501-181-066 $226,09 501-181-014 $226.09 501-161-067 $226.09 501-181-015 $226.09 501-181-068 $226.09 501-181-025 $226.09 501-181-069 $226.09 501-181-026 $226,09 501-181-070 $226.09 501-181-027 $226,09 501-181-073 $226,09 501-181-028 $226.09 501-181-074 $226.09 501-181-029 $226.09 501-182-006 $226.09 501-181-030 $226.09 501-182-007 $226.09 501-181-049 $226.09 501-182-008 $226.09 501-181-050 $226.09 501-182-009 $226.09 501-181-051 $226.09 501-182-010 $226.09 501-181-052 $226,09 501-182-011 $226.09 501-181-053 $226.09 501-182-012 $226.09 501-181-054 $226.09 501-182-013 $226.09 501-181-055 $226.09 501-182-014 $226.09 City of Palm Springs, Parkway Maintenance District No. 9-Engineer's Report Page 12 Q[]0 ? City of Palm Springs—Engineer's Report Parkway Maintenance District No. 9, Flora Vista RIVERSIDE COUNTY ASSESSMENT ROLL PARKWAY MAINTENANCE DISTRICT NO. 9 ("FLORA VISTA") FISCAL YEAR 2008-2009 FUND NO. 68-2630 ASSESSOR'S ASSESSOR'S PARCEL NUMBER ASSESSMENT PARCEL NUMBER ASSESSMENT 501-182-015 $226.09 501-182-028 $226.09 501-182-016 $226,09 501-182-029 $226.09 501-182-017 $226.09 501-182-030 $226.09 501-182-018 $226.09 501-182-031 $226.09 501-182-019 $226.09 501-182-032 $226,09 501-182-020 $226.09 501-182-033 $226.09 501-182-021 $226.09 501-182-034 $226.09 501-182-022 $226,09 501-182-035 $226.09 501-182-023 $226.09 501-182-036 $226.09 501-182-024 $226.09 501-182-037 $226,09 501-182-025 $226.09 501-182-038 $226.09 501-182-026 $226.09 501-182-039 $226.09 501-182-027 $226.09 TOTAL W $17,408.93 City of Palm Springs, Parkway Maintenance District No. 9—Engineer's Report Page 13 060071 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 10, Zone 1, Mountain Gate CITY OF PALM SPRINGS ENGINEER'S REPORT PARKWAY MAINTENANCE DISTRICT NO. 10 - ZONE 1 "MOUNTAIN GATE" FISCAL YEAR 2008/2009 OF PALM S U RPORAVVD c'gL ! FOPC Intent Meeting: June 18, 2008 Public Hearing. July 16, 2008 000072 City of Palm Springs— Engineer's Report Parkway Maintenance District No. 10, Zone 1, Mountain Gate Engineer's Report Affidavit Palm Springs Parkway Maintenance District No. 10, Zone 1 Mountain Gate" This Report describes the District including the improvements, budget, parcels and assessments to be levied for fiscal year 2008/2009, 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 18th day of June, 2008. O'ESS/p�y� 1(t By. - 6�'l� w 31 ptp �!Gn David J. Barakian, P.E. Director of Public Works/City Engineer City of Palm Springs OFCAO Civil Engineer C 28931 City or Palm Springs—Engineer's Report Parkway Maintenance District No. 10, Zonc 1, Mountain Gate CITY OF PALM SPRINGS ENGINEER'S REPORT PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 1 MOUNTAIN GATE Fiscal Year 200812009 The Undersigned respectfully submits the enclosed report as directed by the City Council. The undersigned certifies that he is a Professional Engineer, registered in the State of California. David J_ Barakian, P.E. Director of Public WorkstCity Engineer City of Palm Springs 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 18th day of June, 2008. James Thompson, City Clerk City of Palm Springs 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 16th day of July, 2008. James Thompson, City Clerk City of Palm Springs County of Riverside, California 000074 City of Palm Springs-Engineer's Report Parkway Maintenance District No. 10, Zone 1, Mountain Gate TABLE OF CONTENTS EXECUTIVE SUMMARY - - .............................. 1 A. Introduction - - - - .................................... 1 B. Overview........... 1 DESCRIPTION OF THE DISTRICT.......................... . . . . . .................................. 2 A. Description of the District ........... -- . . . .................................. . ..2 B. Description of Improvements and Services ....................................................2 METHOD OF APPORTIONMENT ............................ - - ................................. - 4 A. General..... .. .......................... ................................ .. ..4 B. Benefit Analysis.. .. .. .. .............................. .. .. ...............................5 C. Assessment Methodology...... -- -- .. --................................ .......5 D. Assessment Formula. 7 DISTRICTBUDGET....................... ................................. . • . •.....................................8 A. Description of Budget Items .............. .. -- .. -- .............................. .. .. .8 B. 2008/2009 District Budget -- --............................. --.........................9 APPENDIX A- District Diagrams.............. .. .. .................................... . ................. 11 APPENDIX B-Assessment Roll....... ............................ .. .. ...................................... . . . 10 000075 City of Palm Springs--Engineer's Report Parkway Maintenance District No. 10, Zone 1, Mountain Gate 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") Parkway Maintenance District No. 10, Zone 1, ("Mountain Gate"), (hereinafter referred to as the "District"), for fiscal year 200812009, in compliance with the requirements of Chapter 3, of the Landscaping and Lighting Act of 1972 (hereinafter referred to as the "1972 Act") which is part 2, Division 15 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 parkway landscape maintenance within the District's boundaries. This report is prepared for the levy and collection of annual assessments for the District for fiscal year 200812009. 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. B. OVERVIEW The District described in this report includes all lots within the residential area identified as "Mountain Gate", consisting of Tract 30963-1, 30963-2, and Tract 30963. 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 annually, pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "1972 Act") and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIIC and XIIID ("Proposition 218"). 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. City of Palm Springs, Parkway Maintenance District No. 10, Zone 1 —Engineer's Report Page 1 0 ©0©?G City of Palm Springs—Engineer's Report Parkway Maintenance District No. 10, Zone 1, Mountain Gate This Report describes the District and the proposed assessments for fiscal year 2008/2009. 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 includes all lots within the residential area identified as "Mountain Gate", consisting of Tract 30963-1, 30963-2, and Tract 30963. The District includes 308 single family residential lots. The purpose of the District is to ensure the ongoing maintenance and servicing of local street landscaping improvements installed in connection with development of properties 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, proposed improvements, method of apportionment and assessments described in this Report are based on improvement plans including all estimated direct expenditures, incidental expenses, and reserves associated with the maintenance and servicing of the improvements- B. DESCRIPTION OF IMPROVEMENTS AND SERVICES The purpose of the District is to ensure the ongoing maintenance, operation and servicing of parkway landscape improvements within the District. These improvements may include, but are not limited to, palm trees, turf areas with mowing strips, desert indigenous trees and ground cover, annual flowers, a sprinkler irrigation and emitter drip system, landscape drainage system, walkways and associated appurtenant facilities located in the dedicated landscaped parkway(street right-of-way) on the east side of State Highway 111 (North Palm Canyon Drive) and on the north side of Gateway Drive as well as various perimeter landscape and open space lots, and all materials, equipment, utilities, labor and appurtenant facilities related to the operation and maintenance of the parkway landscape 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 described in this Report utilizes commonly accepted assessment engineering practices and has been established pursuant to the 1972 Act and the provisions of Proposition 218. Improvements and Services Permitted Pursuant to the 1972 Act As generally defined by the 1972 Act and applicable to this District, improvements and the associated assessments may include one or more of the following: 1) The installation or planting of landscaping; 2) The installation or construction of statuary, fountains, and other ornamental structures and facilities,- City of Palm Springs, Parkway Maintenance District No. 10, Zone 1 —Engineer's Report Page 2 000077 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 10, Zone 1, Mountain Gate 3) The installation or construction of public lighting facilities including, but not limited to, street lights and traffic signals; 4) The installation of park or recreational improvements including, but not limited to, all of the following: a) Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage; b) Lights, playground equipment, play courts, and public restrooms; c) The acquisition of land for park, recreational, or open-space purposes; 5) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof; 6) The acquisition of any associated existing improvement; 7) The maintenance or servicing of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement including, but not limited to: a) Repair, removal, or replacement of all or any part of any improvements; b) Grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities; c) Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; d) The removal of trimmings, rubbish, debris, and other solid waste; e) The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti; f) Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; g) Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements; 8) Incidental expenses associated with the improvements including, but not limited to: a) The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; b) The costs of printing, advertising, and the publishing, posting and mailing of notices; c) Compensation payable to the County for collection of assessments; d) Compensation of any engineer or attorney employed to render services; e) Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; and, f) Costs associated with any elections held for the approval of a new or increased assessment. City of Palm Springs, Parkway Maintenance District No. 10, Zone 1 —Engineer's Report Page 3 000078 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 10, Zone 1, Mountain Gate Landscaping Improvements The landscaping improvements to be maintained by the District may include, but are not limited to palm trees, turf areas with mowing strips, desert indigenous trees and ground cover, annual flowers, a sprinkler irrigation and emitter drip system, landscape drainage system, walkways and associated appurtenant facilities located in the dedicated landscaped parkway (street right-of-way) on the east side of State Highway 111 extending the length of the Mountain Gate development, as well as the dedicated landscaped parkway (street right- of-way) on the north side of Gateway Drive, and various other landscaped open space lots throughout the perimeter of the development. The ongoing maintenance, servicing and operation of these improvements have been identified as a special benefit to the residential properties within Tracts 30963-1, 30963-2, and 30963 and the annual assessments described herein will provide funding for the materials, equipment, utilities, labor, appurtenant facilities and incidental expenses related thereto as permitted under the provisions of the 1972 Act. Specifically not included as part of the improvements and facilities for the District are: • Landscaped areas located on private property; • Landscaped areas located outside the boundaries of the District; • Improvements that are funded by other sources available to the City including other assessments; and • Landscaped areas maintained and funded by the Homeowner's Association established for this development including well sites, open space and park areas located within the development. METHOD OF APPORTIONMENT A. GENERAL The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include the construction, maintenance, and servicing of public lights, landscaping, parks, open space areas and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: "The net amount to be assessed upon lands within an assessment district or District may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." The formula 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. In addition, Article XIII D requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Article XIII D provides that only special benefits are assessable and the City must separate the general benefits from the special benefits. City of Palm Springs, Parkway Maintenance District No, 10, Zone 1--Engineer's Report Page 4 006079 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 10, Zone 1, Mountain Gate B. BENEFIT ANALYSIS All improvements associated with this District have been identified as necessary, required and/or desired for the properties within the District to their full potential, consistent with the 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 special benefits associated with the parkway improvements are specifically: • Enhanced desirability of properties through association with the improvements; • Improved aesthetic appeal of properties providing a positive representation of the area; • Enhanced adaptation of the urban environment within the natural environment from adequate green space, open space areas and landscaping; • Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention; Increased sense of pride in ownership of property within the District resulting from well- maintained improvements associated with the properties; and • Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise. 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 landscaping 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 landscape Improvements installed in connection with the development of residential properties within Tracts 30963-1, 30963-2 and 30963 ("Mountain Gate") and will be maintained by the District shall be fairly distributed among all benefiting parcels based upon the special benefit received by each parcel. The District is comprised of 308 residential parcels and various private streets, public easements and open space areas. While the various private streets, public easements and open space areas within the Mountain Gate development may be assigned an Assessor's Parcel Number by the County Assessor's Office, it has been determined that these parcels (identified as letter lots on the approved tract maps) resulted from the planned development of the residential properties and these parcels receive no direct and special benefit from the improvements, in fact some of these parcels contain the landscaped areas to be maintained by the District as well as landscaped areas that will be maintained by the Homeowner's Association established for the Mountain Cate development. Since the improvements to be maintained by the District have been installed and constructed in conjunction with the development of all residential parcels within Tracts nn City of Palm Springs, Parkway Maintenance District No. 10, Zone 1 —Engineer's Report Page 5 000080 City of Palm Springs— Engineer's Report Parkway Maintenance District No. 10, Zone 1, Mountain Gate 30963-1. 30963-2, and 30963, it has been determined that each and every residential parcel within the development shall be assessed for the net annual costs associated with the ongoing maintenance of those improvements. While it is evident that all residential properties within the District receive special benefit, it is also recognized that in this particular development, the residential parcels directly adjacent to the improvements have enhanced benefits resulting from their proximity to the improvements. Specifically, 16 parcels (Lots 15, 26, 27, 43, 44, 66, 67, 89 through 96, and 194 of Tract 30963-2 are directly adjacent to the landscape improvements. The physical relationship of parcels directly adjacent to the improvements provides these properties expanded green space behind their homes that provide a visual enhancement to the property; improved erosion and dust control; and increased temperature moderation resulting from the trees and irrigation. While factors such as temperature moderation versus distance are measurable values for determining variances in special benefit, other factors such as enhanced visual benefit tend to be more subjective. However it is reasonable to conclude that collectively, these enhanced benefits associated with properties adjacent to the improvements are appropriately represented by an estimated ten percent (10%) increase in their special benefit as compared to the other residential properties within the District. Therefore, in order to apportion special benefit to all parcels within the District, a weighted method of apportionment known as an Equivalent Benefit Unit (EBU) methodology has been utilized to calculate a corresponding and equitable assessment for each parcel. It has been determined that all residential parcels within the development that are not immediately adjacent to the improvements receives similar and equal special benefit from the improvements and have been assigned a weighted allocation of one (1.0) EBU. As previously noted, it has also been determined that the residential parcel immediately adjacent to the improvements receive approximately a 10% greater special benefit than the other residential parcels within the development, and each of these parcels has been assigned a weighted allocation of one and one-tenth (1.1) EBU. Parcels identified as private streets; public easements and open space areas have been assigned a zero (0.0) EBU. Based on these weighted factors, an assessment rate (rate per EBU) for the District is calculated by taking the Total Net Cost to be assessed ("Balance to Levy"), then dividing that amount by the Total Number of EBU's assigned to all parcels within the District. Total Balance to Levy/ Total EBU = Levy per EBU (assessment rate) The assessment amount for each parcel is calculated by multiplying the assessment rate ("Levy per EBU") by the EBU assigned to each parcel. Levy per EBU x Each Parcel's Individual EBU = Parcel Levy Amount Since each residential parcel not immediately adjacent to the improvements has been assigned 1.0 EBU, the assessment obligation for each these residential parcels will be equal to the annual assessment rate. Since each residential parcel immediately adjacent to the improvements has been assigned 1.1 EBU, the assessment obligation for each residential of these parcels will be equal to 1.1 times the annual assessment rate- 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 City of Palm Springs, Parkway Maintenance District No. 10, Zone 1 —Engineer's Report Page 6 City of Palm Springs--Engineer's Report Parkway Maintenance District No, 10, Zone 1, Mountain Gate conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation). An Assessment Range Formula was included as part of the original formation of the District. The purpose of establishing the Assessment Range Formula is to provide for reasonable increases and inflationary adjustment to annual costs and assessments without requiring costly noticing and mailing procedures, which could add to the costs and assessments. An original maximum assessment amount of $95,719 was established for the first fiscal year 2003/2004 this District was formed (the Initial Maximum Assessment). Future District Reports will identify as part of the District Budget an Adjusted Maximum Assessment Rate in accordance with the Assessment Range Formula for each subsequent fiscal year. The Assessment Range Formula for this District is generally defined: • If the proposed annual assessment 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 Maximum Assessment Rate is equal to the Initial Maximum Assessment Rate of $95,719 established in fiscal year 2003/2004, adjusted annually by the annual percentage change in the Consumer Price Index (CPI) of"All Urban Consumers" for the Los Angeles-Orange-Riverside County Area. The CPI used for establishing subsequent Maximum Assessment Rates shall be for the annual percentage change from the most current month published by the U. S. Department of Labor, Bureau of Labor Statistics; at the time the Engineer's Report for the District is prepared. Beginning with the second fiscal year (fiscal year 2004/2005) and each fiscal year thereafter, the Maximum Assessment Rate will be recalculated and a new Adjusted Maximum Assessment Rate will be established for the fiscal year utilizing the Assessment Range Formula described above. The Maximum Assessment Rate shall be calculated independent of the annual budget and proposed assessment. The annual percentage change in CPI shall be based on the annual percentage change established by the U.S. Department of Labor, Bureau of Labor Statistics. 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 approved by the City Council for determining fluctuations in the cost of living. Any proposed annual assessment less than or equal to the Adjusted Maximum Assessment Rate is not considered an increased assessment, even if the proposed assessment is significantly 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 any such assessment may be imposed. City of Palm Springs, Parkway Maintenance District No. 10, Zone 1 —Engineer's Report Page 7 000982 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 10, Zone 1, Mountain Gate 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 actual maintenance experience is lacking, cost estimates will be used to determine costs, as follows: Parkway maintenance: Includes maintenance labor, materials and equipment required to properly maintain the authorized improvements and services within the District. Water costs: The cost of irrigation water for the landscape to be maintained is based upon actual Desert Water Agency billings on public landscaped areas being maintained within the District. Electrical energy costs: Energy costs included are those necessary for the operation of irrigation controls. Incidental costs: Costs for special items, such as costs of levying the assessments with the County Tax Collector, anticipated utility rate hikes, or other such costs, 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 $0,20 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. Reserve Fund: In addition to the estimated annual maintenance expenditures and administrative costs, the 1972 Act provides for the annual collection of funds to be retained in a Reserve Fund. These funds are collected and retained for the purpose of funding the operation and maintenance of the improvements from the beginning of the fiscal year (July 1) until such time the assessment proceeds are received from the County which is generally in January or February (Operational Reserves). The funds may also be used to offset unforeseen maintenance expenditures (revenue deficits) as well as funds retained as surplus revenues from the previous fiscal year. The amount retained in the Reserve Fund typically should not exceed an amount greater than the operational reserve requirements described above- B. DISTRICT BUDGET This report has been prepared pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code and Article XIIID, Section 4 of the California Constitution (Proposition 218). City of Palm Springs, Parkway Maintenance District No, 10, Zone 1 —Engineer's Report Page e 900683 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 10, Zone 1, Mountain Gate FISCAL YEAR 2008/2009 PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 1 ("MOUNTAIN GATE") Formed in 2003 A. PARKWAY LANDSCAPE MAINTENANCE ESTIMATED ANNUAL COST 2008/2009 1, Maintenance Costs a. Merchants Landscape, Services Inc., contract cost $ 49,580 b. Palm Tree Trimming $ 500 2. Southern California Edison $ 3,990 3, Desert Water Agency (irrigation costs) $ 7,530 4. Incidentals (maintenance/repairs estimated 5%) $ 3,080 5. Administration (estimated at 10%) $ 6,160 6. Reserve Fund (estimated at 10%) $ 6,160 TOTAL COSTS: $ 77,000 B. Actual Costs vs. Assessments Summary: Account Surplus as of 6/30/06 = S 119,435 Assessment in 2006/2007 = $ 10,997 Actual Costs in 2006/2007 = ($ 47,720) Account Surplus as of 6/30/07 = $ 82,712 Assessment in 2007/2008= $ 112,392 Estimated Costs in 2007/2008 = ($ 48.653) Estimated Account Surplus as of 6/30/08 = $ 146,451 C. 2007/2008 ASSESSMENT Estimated cost for 2008/2009 ($ 77,000) Estimated Account Surplus as of 6/30/08 = 146,451 Total = $ 69,451 Proposed 200812009 Assessment = $ 10,000 D. MAXIMUM ASSESSMENT Initial Max. Assessment (2003/2004) _ $ 95,719 Adjusted Max. Assessment(2004/2005) _ $ 99,165 (reflects 3.8% CPI adjustment) Adjusted Max. Assessment(2005/2006) _ $ 103,727 (reflects 4.6% CPI adjustment) Adjusted Max. Assessment(200612007) _ $ 108,602 (reflects 4.7% CPI adjustment) Adjusted Max. Assessment (2007/2008) = $ 112,392 (reflects 3.49% CPI adjustment) Consumer Price Index (CPI) of "All Urban Consumers' for the Los Angeles-Orange-Riverside County Area, most current data (April 2008): 3.11% Adjusted Max. Assessment(2008/2009) = $115,887 E. 2008/2009 ASSESSMENT RATE Total Equivalent Benefit Units = 292 x 1.0 EBU + 16 x 1.1 EBU = 309.6 EBU Maximum Assessment Rate (per EBU) _ $115,887 divided by 309.6 EBU = $374.31 Proposed Assessment Rate (per EBU) _ $10,000 divided by 309.6 EBU = $32.30 2008/2009 Assessment: 292 parcels @ $32.30; 16 parcels @ $35.53 ($32.30 x 1.10 EBU) City of Palm Springs, Parkway Maintenance District No. 10, Zone 1—Engineer's Report Page g 000084 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 10, Zone 1, Mountain Gate F. Actual Costs vs. Assessments History (Previous Closed Out 5 Years): Actual Costs: 02/03 = $0; 03/04 =$1,757; 04105 = $19,653; 05/06 = $50,593 06/07 = $47,720 Assessments: $0 $95,719 $95,719 $0 $10,997 G. Budget(Expenditure Detail), see Account No. 001-2451-43590 City of Palm Springs, Parkway Maintenance District No, 10, Zone 1—Engineer's Report Page 10 009085 City of Palm Springs—Engineers Report Parkway Maintenance District No. 10, Zone 1, Mountain Gate APPENDIX A - DISTRICT DIAGRAM The parcels within the Palm Springs Parkway Maintenance District No. 10 ("Mountain Gate'), are shown on the current Riverside County Assessor's Parcel Map Book 669 Pages 53, 54, 55, 56, 57 and 58, The County Assessor's Parcel Map along with the Assessment Roll constitutes the District Assessment Diagram. A copy of the Parkway Maintenance District No.10 boundary is shown on the following page. City of Palm Springs, Parkway Maintenance District No. 10, Zone 1 —Engineer's Report Page 11 (] � MWGrlLr roll AM'. ' I... 11 . .,�• . . . . fi• 17 � ... ... .0 . . . . . 13 ; 14-I 1A..f 1P. 1] !16 l91 21 f � � ' f .I I � .,I ,E z'izs.x lss�ze�r.[�t'as].Sol3lfizl3a us . 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S rrr Ra By lao ras IT1 ,u a, seep o� Y w _ s p li 9 n 17 I9 -I]'s IY. m rn WE "'"n �• 7" 1.� .RN4G£ .^-0 33 s7 a le 12 ,w City of Palm Springs, Parkway Maintenance District No. 10, Zone 1 —Engineer's Report Page 15 City of Palm Springs--Engineer's Report Parkway Maintenance District No. 10, Zone 1, Mountain Gate City of Palm Springs, Parkway Maintenance District No. 10, Tone 1—Engineer's Report Page 16 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 10, Zone 1, Mountain Gate so niwmn ""a" Imp y fOT B,T' !• u110ra TNwnl.p i A IN 1e4 c TRAMVJEW RD9 ANCU•-90 79 !� �� L�4�p [ot3b ah U 1.31 27 3e " 19x .�y y , e 73 5 0 O 3e mea ' , 9. uu.m O .Ad RIDGE sr 6 L Yoe s !rag a s To, r [ nu s ' uns y r r a � 9 '2,13O $ Y60 161 162 I6A 164 }65 TV y6 Lµ.0 9e 35 ` B P 51 57 53 5i 55 Si 5 70 - C ? 19 - 136 36 S R lotO 38 Y.�• ma 9 MW JA M to GRANAE r 51s r00 ,69 `x b 79 5 n d a � .. � its 60 • 9 j 37 s R I, a6 yy� rn 1eo lay lax Tu q '�6 ..S - 12 52 ;� 53 i9 65 fib t 57 •x rY 41 rv, c `-„ r 9wn Y6 Hal 15 �Si..,6 Hm .• 4o 3VENTANAWrE " RIDGE a LO s, re 46 r] 49 5 CIS r�•' 43 wrr 50 49 a 7A p 47 r 46 d5 J rrk e4" 14 8 ., a�•F R � S rna"naa City of Palm Springs, Parkway Maintenance District No. 10, Zane 1—Engineer's Report Page 176 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 10, Zone 1, Mountain Gate AI4iLt 100' +• � mx.n 2 S + S L � o o , o (D o o o n ,z ALTA..,'.ACRES?A +a�� 1v �ircE � � aw PO 19 1° � 17 O 5 n g Ot O 9 g 3 47 {yw - Wa O�' 23 75 7o g oow=Inca RID ALTA G£ I6 I.", i.aa. 'Povara slot ''••'• 1. vN6 ya�P OI C 101 �'M. ane� j City of Palm Springs, Parkway Maintenance District No. 10, Zone 1—Engineer's Report Page 18 �' n City of Palm Springs—Engineer's Report Parkway Maintenance District No. 10, Zone 1, Mountain Gate r . Im• mplc r (fb� 16 p II Cl 29 YI 17 IJ Id O o 0 0• o - ra srmn - - ^. 41 �. .ter SUMMj •+" 45 ' T ���+a amwr DR for r o � ri- 5fi F ' si c •�R10Gf ,.�„� vnc nx 7 AL7it c jr LI sr .•"� � � :r w M n, as Y O 9Y y 11 16 15 z 8 ". fiJ 17 fi 11 S /0 ,19 _ l0 31 x uw,u ' a N City of Palm Springs, Parkway Maintenance District No" 10, Zone 1—Engineer's Report page 1 g City of Palm Springs—Engineer's Report Parkway Maintenance District No. 10, Zone 1, Mountain Gate APPENDIX B - ASSESSMENT ROLL 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 proposed to be assessed within this District, along with the assessment amounts, is shown on the following table. City of Palm Springs, Parkway Maintenance District No, 10, Zone 1 —Engineer's Report Page 20 0 0 0 0 W'5 City of Palm Springs-Engineer's Report Parkway Maintenance District No. 10, Zone 1, Mountain Gate RIVERSIDE COUNTY ASSESSMENT ROLL PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 1 ("MOUNTAIN GATE") FISCAL YEAR 2008-2009 ASSESSOR'S ASSESSMENT ASSESSOR'S ASSESSMENT PARCEL NUMBER PARCEL NUMBER 669-530-001 $32,30 669-530-036 $32.30 669-530-002 $32.30 669-530-037 $32.30 669-530-003 $32.30 669-530-038 $32.30 669-530-004 $32,30 669-530-039 $32.30 669-530-005 $32.30 669-530-040 $35.53 669-530-006 $32.30 669-530-041 $35.53 669-530-007 $32.30 669-530-042 $35.53 669-530-014 $32,30 669-530-043 $35.53 669-530-015 $32.30 669-530-044 $35.53 669-530-016 $32.30 669-530-045 $35.53 669-530-017 $35.53 669-530-046 $35.53 669-530-018 $35.53 669-530-047 $35.53 669-530-019 $32.30 669-530-048 $32.30 669-530-020 $32.30 669-530-049 $32.30 669-530-021 $32.30 669-530-050 $32.30 669-530-022 $32.30 669-530-051 $32.30 669-530-023 $32.30 669-530-052 $32.30 669-530-027 $32.30 669 530-057 $32.30 669-530-028 $32.30 669-530-058 $32,30 669-530-029 $32.30 669-530-059 $32.30 669-530-030 $32.30 669-540-001 $32,30 669-530-031 $32.30 669-540-002 $32.30 669-530-032 $32.30 669-540-003 $32.30 669-530-033 $32.30 669-540-004 $32,30 669-530-034 $32.30 669-540-005 $32.30 669 530 035 $32.30 669-540-006 $32.30 City of Palm Springs, Parkway Maintenance District No. 10, Zone 1 - Engineer's Report Page 21 u Q Q Q S Q City of Palm Springs-Engineer's Report Parkway Maintenance District No. 10, Zone 1, Mountain Gate RIVERSIDE COUNTY ASSESSMENT ROLL PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 1 ("MOUNTAIN GATE") FISCAL YEAR 2008-2009 ASSESSOR'S ASSESSMENT ASSESSOR'S ASSESSMENT PARCEL NUMBER PARCEL NUMBER 669-540-007 $32.30 669-540-033 $32.30 669-540-008 $32.30 669-550-001 $32.30 669-540-009 $32,30 669-550-002 $32.30 669-540-010 $32.30 669-550-003 $32.30 669-540-011 $32.30 669-550-004 $32.30 669-540-012 $32.30 669-550-005 $32.30 669-540-013 $32.30 669-550-006 $32.30 669-540-014 $32.30 669-550-007 $32.30 669-540-015 $32.30 669-550-008 $32.30 669-540-016 $32,30 669-550-009 $32.30 669-540-017 $32.30 669-550-010 $32.30 669-540-018 $32.30 669-550-011 $32.30 669-540-019 $32.30 669-550-012 $32.30 669-540-020 $32.30 669-550-013 $32.30 669-540-021 $32.30 669-550-014 $32.30 669-540-022 $32.30 669-550-015 $32,30 669-540-023 $32.30 669-550-016 $32,30 669-540-024 $32.30 669-550-017 $32.30 669-540-025 $32.30 669-550-018 $32.30 669-540-026 $32.30 669-550-019 $32.30 669-540-027 $32.30 669-550-020 $32.30 669-540-028 $32.30 669-550-021 $32.30 669-540-029 $32.30 669-550-022 $32.30 669-540-030 $32.30 669-550-023 $32.30 669-540-031 $32.30 669-550-024 $32.30 669-540-032 S32.30 669-550-025 $32.30 City of Palm Springs, Parkway Maintenance District No. 10, Zone 1 --Engineer's Report Page 22 a 0 0 2 7 City of Palm Springs- Engineer's Report Parkway Maintenance District No. 10, Zone 1, Mountain Gate RIVERSIDE COUNTY ASSESSMENT ROLL PARKWAY MAINTENANCE DISTRICT NO. 10. ZONE 1 ("MOUNTAIN GATE") FISCAL YEAR 2008-2009 ASSESSOR'S ASSESSMENT ASSESSOR'S ASSESSMENT PARCEL NUMBER PARCEL NUMBER 669-550-026 $32.30 669-560-007 $32.30 669-550-027 $32.30 669-560-008 $32.30 669-550-028 $32.30 669-560-009 $32.30 669-550-029 $32.30 669-560-010 $32.30 659-550-030 $32.30 669-560-011 $32.30 669-550-031 $32.30 669-560-012 $32.30 669-550-032 $32.30 669-560-013 $32.30 669-550-033 $32.30 669-560-014 $32.30 669-550-034 $32.30 669-560-015 $35.53 669-550-035 $32.30 669-560-016 $32,30 669-550-036 $32.30 669-560-017 $32.30 669-550-037 $32.30 669-560-018 $32.30 669-550-038 $32.30 669-560-019 $32.30 669-550-039 $32.30 669-560-020 $32.30 669-550-040 $32.30 669-560-021 $32.30 669-550-041 $32.30 669-560-022 $32.30 669-550-042 $32.30 669-560-023 $32.30 669-550-043 $32.30 669-560-024 $32.30 669-550-044 I $32,30 669-560-025 $32.30 669-550-045 I $32.30 669-560-026 $35.53 669-560-001 $32.30 669-560-027 $35.53 669-560-002 $32.30 669-560-028 $32,30 669-560-003 $32.30 669-560-029 $32,30 669-560-004 $32.30 669-560-030 $32,30 669-560-005 $32.30 669-560-031 $32.30 669-560-006 $32.30 669-560-032 $32.30 City of Palm Springs, Parkway Maintenance District No. 10, Zone 1 -Engineer's Report Page 23 U 0 s g City of Palm Springs-Engineer's Report Parkway Maintenance District No. 10, zone 1, Mountain Gate RIVERSIDE, COUNTY ASSESSMENT ROLL, PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 1 ("MOUNTAIN GATE") FISCAL YEAR 2008-2009 ASSESSOR'S ASSESSMENT ASSESSOR'S ASSESSMENT PARCEL NUMBER PARCEL NUMBER 669-560-033 $32.30 669-560-059 $32.30 669-560-034 $32,30 669-560-060 $32.30 669-560-035 $32.30 669-560-061 $32.30 669-560-036 $32.30 669-560-062 $32.30 669-560-037 $32.30 669-560-063 $32.30 669-560-038 $32.30 669-560-064 $32.30 669-560-039 $32.30 669-560-065 $32.30 669-560-040 $32.30 669-560-066 $32.30 669-560-041 $32,30 669-560-067 $32.30 669-560-042 $32.30 669-560-068 $32.30 669-560-043 $35.53 669-560-069 $32.30 669-560-044 $35.53 669-560-070 $32.30 669-560-045 $32.30 669-560-071 $32.30 669-560-046 $32.30 669-560-072 $32.30 669-560-047 $32.30 669-560-073 $32.30 669-560-048 $32.30 669-560-074 $32.30 669-560-049 $32,30 669-560-075 $32.30 669-560-050 $32.30 669-560-076 $32.30 669-560-051 $32.30 669-560-077 $35.53 669-560-052 $32.30 669-570-001 $32.30 669-560-053 $32.30 669-570-002 $32,30 669-560-054 $32.30 669-570-003 $32.30 669-560-055 $32.30 669-570-004 $32.30 669-560-056 $32.30 669-570-005 $32.30 669-560-057 $32.30 669-570-006 $32.30 669-560-058 $32,30 669-570-007 $32.30 City of Palm Springs, Parkway Maintenance District No. 10, Zone 1 -Engineer's Report Page 24 0 0 0 0.19 City of Palm Springs-Engineer's Report Parkway Maintenance District No, 10, Zone 1, Mountain Gate RIVERSIDE COUNTY ASSESSMENT ROLL PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 1 ("MOUNTAIN GATE") FISCAL YEAR 2008-2009 ASSESSOR'S ASSESSMENT ASSESSOR'S ASSESSMENT PARCEL NUMBER PARCEL NUMBER 669-570-008 $32.30 669-570-034 $32.30 669-570-009 $32.30 669-570-035 $32.30 669-570-010 $32.30 669-570-036 $32.30 669-570-011 $32.30 669-570-037 $32.30 669-570-012 $32.30 669-570-038 $32.30 669-570-013 $32.30 669-570-039 $32.30 669-570-014 $32.30 669-570-040 $32.30 669-570-015 $32.30 669-570-041 $32.30 669-570-016 $32.30 669-570-042 $32.30 669-570-017 $32.30 669-570-043 $32.30 669-570-018 $32.30 669-580-001 $32.30 669-570-019 $32.30 669-580-002 $32.30 669-570-020 $32.30 669-580-003 $32.30 669-570-021 $32.30 669-580-004 $32.30 669-570-022 $32.30 669-580-005 $32.30 669-570-023 $32.30 669-580-006 $32.30 669-570-024 $32.30 669-580-007 $32.30 669-570-025 $32.30 669-580-008 $32.30 669-570-026 $32.30 669-580-009 $32.30 669-570-027 $32.30 669-580-010 $32.30 669-570-028 $32.30 669-580-011 $32.30 669-570-029 $32.30 669-580-012 $32.30 669-570-030 $32.30 669-580-013 $32.30 669-570-031 $32.30 669-580-014 $32.30 669-570-032 $32.30 669-580-015 $32.30 669-570-033 $32.30 669-580-016 $32.30 City of Palm Springs, Parkway Maintenance District No. 10, Zone 1 -Engineer's Report Page 25 City of Palm Springs-Engineer's Report Parkway Maintenance District No. 10, Zone 1, Mountain Gate RIVERSIDE COUNTY ASSESSMENT ROLL PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 1 ("MOUNTAIN GATE") FISCAL YEAR 2008-2009 ASSESSOR'S ASSESSMENT ASSESSOR'S ASSESSMENT PARCEL NUMBER PARCEL NUMBER 669-580-017 $32.30 669-580-041 $32.30 669-580-018 $32.30 669-580-042 $32,30 669-580-019 $32.30 669-580-043 $32.30 669-580-020 $32.30 669-580-044 $32.30 669-580-021 $32.30 669-580-045 $32.30 669-580-022 $32.30 669-580-046 $32.30 669-580-023 $32.30 669-580-047 $32.30 669-580-024 $32.30 669-580-048 $32.30 669-580-025 $32.30 669-580-049 $32.30 669-580-026 $32.30 669-580-050 $32.30 669-580-027 $32.30 669-580-051 $32.30 669-580-028 $32.30 669-580-052 $32.30 669-580-029 $32,30 669-580-053 $32.30 669-580-030 $32.30 669-580-054 $32.30 669-580-031 $32.30 669-580-055 $32.30 669-580-032 $32.30 669-580-056 $32.30 669-580-033 $32.30 669-580-057 $32.30 669-580-034 I $32.30 669-580-058 $32.30 669-580-035 $32.30 669-580-059 $32.30 669-580-036 $32.30 669-580-060 $32.30 669-580-037 $32.30 669-580-061 $32.30 669-580-038 $32.30 669-580-062 $32.30 669-580-039 $32,30 669-580-063 $32.30 669-580-040 $32.30 669-580-064 $32.30 Total Assessment $10,000.08 City of Palm Springs, Parkway Maintenance District No. 10, Zone 1 -Engineer's Report Page 26 Afifa i � City of Palm Springs-- Engineer's Report Parkway Maintenance District No. 10, Zone 2, Mountain Gate // CITY OF PALM SPRINGS ENGINEER'S REPORT PARKWAY MAINTENANCE DISTRICT NO. 10 - ZONE 2 "MOUNTAIN GATE II" FISCAL. YEAR 2008/2009 �F PALM s �0 Ucn m RPORAYBp / zo Intent Meeting: June 18, 2008 Public Hearing: July 16, 2008 0001,22 City of Patm Springs— Engineer's Report Parkway Maintenance District No. 10, Zone 2, Mountain Gate ll Engineer's Report Affidavit Palm Springs Parkway Maintenance District No. 10, zone 2 Mountain Gate II" This Report describes the District including the improvements, budget, parcels and assessments to be levied for fiscal year 2008/2009, 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 18th day of June, 2008, QgpFE55/pN <.` Bq 9� �n O By: � C-7 83 m David J. Barakian, P.E. * EX Director of Public Works/City Engineer City of Palm Springs Civil Engineer C 28931 City of Palm Springs--Engineer's Report Parkway Maintenance District No, 10, Zone 2, Mountain Gate!f CITY OF PALM SPRINGS ENGINEER'S REPORT PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 2 MOUNTAIN GATE II Fiscal Year 2008/2009 The Undersigned respectrully submits the enclosed report as directed by the City Council. The undersigned certifies that he is a Professional Engineer, registered in the State of California. David J. Rarakian, P.E. Director of Public Works/City Engineer City of Palm Springs 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 18th day of June, 2008. James Thompson, City Clerk City of Palm Springs 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 16th day of July, 2008. James Thompson, City Clerk City of Palm Springs County of Riverside, California 000104 City of Palm Springs-Engineer's Report Parkway Maintenance District No. 10, Zone 2, Mountain Gate If TABLE OF CONTENTS EXECUTIVE SUMMARY ..................................... - - 1 A. Introduction - -- ................................. - - - -- ................................... 1 B. Overview................... -- .. .. -- .................................. . .. ............ 1 DESCRIPTION OF THE DISTRICT...................... . •........................................ 2 A. Description of the District. .. . .......................................... . . ..........2 B. Description of Improvements and Services ....................................................2 METHOD OF APPORTIONMENT.....---------- .................................... - - 4 A. General............. 4 B. Benefit Analysis............. ...............................................................5 C. Assessment Methodology....................... .. ......................................5 D. Assessment Formula..... ................................ . .. ....7 DISTRICTBUDGET............... .. --- -- .................................. -- .. -- --..............................8 A. Description of Budget Items ......... ...........................................8 B. 2008/2009 District Budget..............................................................................9 APPENDIX A- District Diagrams............................. .......................................... . 11 APPENDIX B-Assessment Roll.. .. ........................................ .. ..................... 10 OGM5 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 10, Zone 2, Mountain Gate 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") Parkway Maintenance District No. 10, Zone 2, ("Mountain Gate II"), (hereinafter referred to as the "District"), for fiscal year 2008/2009, in compliance with the requirements of Chapter 3, of the Landscaping and Lighting Act of 1972 (hereinafter referred to as the "1972 Act") which is part 2, Division 15 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 parkway landscape maintenance within the District's boundaries. This report is prepared for the levy and collection of annual assessments for the District for fiscal year 2008/2009. 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. B. OVERVIEW The existing Parkway Maintenance District No. 10, Zone 1, (Mountain Gate) is comprised of the 308 residential parcels of Tracts 30963-1, 30963-2 and 30963. The District provides for the maintenance of local landscape improvements associated with development of those properties including parkway landscaping along Highway 111 and Gateway Drive as well as specific public areas within the development. In 2005, Annexation No. 1 of Tracts 32028-1 and 32028, (Mountain Gate II), to the District was approved, which expanded the western boundaries of the existing District and facilitated the maintenance and operation of additional landscape improvements along State Highway 111 installed in connection with the development of the residential properties within the Mountain Gate II subdivision. Annexation No. 1 has been identified as Zone 2 of Parkway Maintenance District No. 10. Although the landscape improvements associated with the Mountain Gate II development are similar to the improvements provided in Zone 1 of the District, the improvements to be installed and maintained are a direct result of the Mountain Gate II development and the cost of maintaining these improvements shall be budgeted and apportioned to only the properties within the Mountain Gate ll development, identified as Zone 2 of the District. City of Palm Springs, Parkway Maintenance District No. 10, Zone 2—Engineer's Report Page 10'G U 1 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 10, Zone 2, Mountain Gate 11 The District described in this report includes all lots within the residential area identified as "Mountain Gate II", consisting of Tract 32028-land Tract 32028. 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 annually, pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "1972 Act") and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIIC and XIIID ("Proposition 218"). 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 2008/2009. 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 includes all lots within the residential area identified as "Mountain Gate II", consisting of Tract 32028-1 and Tract 32028. The District includes 196 single family residential lots. The purpose of the District is to ensure the ongoing maintenance and servicing of local street landscaping improvements installed in connection with development of properties 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, proposed improvements, method of apportionment and assessments described in this Report are based on improvement plans including all estimated direct expenditures, incidental expenses, and reserves associated with the maintenance and servicing of the improvements. B. DESCRIPTION OF IMPROVEMENTS AND SERVICES The purpose of the District is to ensure the ongoing maintenance, operation and servicing of parkway landscape improvements within the District. These improvements may include, but are not limited to, palm trees, turf areas with mowing strips, desert indigenous trees and ground cover, annual flowers, a sprinkler irrigation and emitter drip system, landscape drainage system, walkways and associated appurtenant facilities located in the dedicated landscaped parkway (street right-of-way) on the east side of State Highway 111 (North Palm Canyon Drive); and all materials, equipment, utilities, labor and appurtenant facilities related to the operation and maintenance of the parkway landscape improvements. City of Palm Springs, Parkway Maintenance District No. 10, Zone 2--Engineer's Report Page 200019,7 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 10, Zone 2, Mountain Gate 11 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 described in this Report utilizes commonly accepted assessment engineering practices and has been established pursuant to the 1972 Act and the provisions of Proposition 218. Improvements and Services Permitted Pursuant to the 1972 Act As generally defined by the 1972 Act and applicable to this District, improvements and the associated assessments may include one or more of the following: 1) The installation or planting of landscaping; 2) The installation or construction of statuary, fountains, and other ornamental structures and facilities; 3) The installation or construction of public lighting facilities including, but not limited to, street lights and traffic signals; 4) The installation of park or recreational improvements including, but not limited to, all of the following: a) Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage; b) Lights, playground equipment, play courts, and public restrooms; c) The acquisition of land for park, recreational, or open-space purposes; 5) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof; 6) The acquisition of any associated existing improvement; 7) The maintenance or servicing of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement including, but not limited to- e) Repair, removal, or replacement of all or any part of any improvements; b) Grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities; c) Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; d) The removal of trimmings, rubbish, debris, and other solid waste; e) The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti; f) Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; g) Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements; 8) Incidental expenses associated with the improvements including, but not limited to: a) The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; City of Palm Springs, Parkway Maintenance District No. 10, Zone 2—Engineer's Report Page 3 U G G I C 8 City of Palm Springs--Engineer's Report Parkway Maintenance District No. 10, Zone 2, Mountain Gate 11 b) The costs of printing, advertising, and the publishing, posting and mailing of notices; c) Compensation payable to the County for collection of assessments; d) Compensation of any engineer or attorney employed to render services; e) Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; and, f) Costs associated with any elections held for the approval of a new or increased assessment. Landscaping Improvements The landscaping improvements to be maintained by the District may include, but are not limited to palm trees, turf areas with mowing strips, desert indigenous trees and ground cover, annual flowers, a sprinkler irrigation and emitter drip system, landscape drainage system, walkways and associated appurtenant facilities located in the dedicated landscaped parkway (street right-of-way) on the east side of State Highway 111 extending the length of the Mountain Gate II development. The ongoing maintenance, servicing and operation of these improvements have been identified as a special benefit to the residential properties within Tracts 32028-1 and 32028, and the annual assessments described herein will provide funding for the materials, equipment, utilities, labor, appurtenant facilities and incidental expenses related thereto as permitted under the provisions of the 1972 Act. Specifically not included as part of the improvements and facilities for the District are: • Landscaped areas located on private property; • Landscaped areas located outside the boundaries of the District; • Improvements that are funded by other sources available to the City including other assessments; and • Landscaped areas maintained and funded by the Homeowner's Association established for this development including well sites, open space and park areas located within the development. METHOD OF APPORTIONMENT A. GENERAL The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include the construction, maintenance, and servicing of public lights, landscaping, parks, open space areas and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value. "The net amount to be assessed upon lands within an assessment district or District may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." The formula 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. City of Palm Springs, Parkway Maintenance District No. 10, Zone 2—Engineer's Report Page 4 6601 City of Palm Springs—Engineer's Report Parkway Maintenance District No, 10, Zone 2, Mountain Gate ll In addition, Article XIII D requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Article XIII D provides that only special benefits are assessable and the City must separate the general benefits from the special benefits. B. BENEFIT ANALYSIS The improvements within the District, the associated costs and assessments have been carefully reviewed, identified and allocated based on special benefit pursuant to the provisions of the 1972 Act and the Constitution. All improvements associated with the District have been identified as necessary, required and/or desired for the orderly development of the properties within the "Mountain Gate II" development to their full potential, consistent with the proposed development plans and applicable portions of the City General Plan. 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 should reasonably be the financial obligation of those properties. Therefore, the improvements and the annual costs of ensuring the maintenance and operation of the improvements are considered a direct and special benefit to all residential properties within the District. The method of apportionment (method of assessment) described herein is based on the premise that each assessed parcel within the District receives special benefit from the improvements and the desirability and security of each property is enhanced by the presence of well-maintained landscaping in close proximity to those properties. The special benefits to properties within the District associated with the landscape improvements are specifically: • Enhanced desirability of properties through association with the improvements; • Improved aesthetic appeal of properties providing a positive representation of the area; • Enhanced adaptation of the urban environment within the natural environment from adequate green space, open space areas and landscaping; • Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention; • Increased sense of pride in ownership of property within the District resulting from well- maintained improvements associated with the properties; and • Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise. 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 landscaping 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. City of Palm Springs, Parkway Maintenance District No. 10, Zone 2—Engineer's Report Page 5 MIA City of Palm Springs—Engineer's Report Parkway Maintenance District No. 10, Zone Z, Mountain Gate 11 C. ASSESSMENT METHODOLOGY The landscape improvements installed in connection with the development of residential properties within Tracts 32028-1 and 32028 ("Mountain Gate II") and will be maintained by the District shall be fairly distributed among all benefiting parcels based upon the special benefit received by each parcel. The District is comprised of 196 residential parcels and various private streets, public easements and open space areas. While the various private streets, public easements and open space areas within the Mountain Gate II development may be assigned an Assessor's Parcel Number by the County Assessor's Office, it has been determined that these parcels (identified as letter lots on the approved tract maps) resulted from the planned development of the residential properties and these parcels receive no direct and special benefit from the improvements, in fact some of these parcels contain the landscaped areas to be maintained by the District as well as landscaped areas that will be maintained by the Homeowner's Association established for the Mountain Gate development. Since the improvements to be maintained by the District have been installed and constructed in conjunction with the development of all residential parcels within Tracts 32028-1 and 32028, it has been determined that each and every residential parcel within the development shall be assessed for the net annual costs associated with the ongoing maintenance of those improvements. While it is evident that all residential properties within the District receive special benefit, it is also recognized that in this particular development, the residential parcels directly adjacent to the improvements have enhanced benefits resulting from their proximity to the improvements. Specifically, twenty-one (21) parcels (Lots 29 through 38 of Tract 32028; and Lots 81 through 91 of Tract 32028-1) are directly adjacent to the landscape improvements, which slope up from the backyards of these properties to the Highway 111 (the improvements are at a higher elevation). This physical relationship to the improvements provides these properties expanded green space behind their homes that provide a visual enhancement to the property; improved erosion and dust control; and increased temperature moderation resulting from the trees and irrigation. While factors such as temperature moderation versus distance are measurable values for determining variances in special benefit, other factors such as enhanced visual benefit tend to be more subjective. However it is reasonable to conclude that collectively, these enhanced benefits associated with properties adjacent to the improvements are appropriately represented by an estimated ten percent (10%) increase in their special benefit as compared to the other residential properties within Annexation No. 1. Therefore, in order to apportion special benefit to all parcels within the District, a weighted method of apportionment known as an Equivalent Benefit Unit (EBU) methodology has been utilized to calculate a corresponding and equitable assessment for each parcel. It has been determined that all residential parcels within the development that are not immediately adjacent to the improvements receives similar and equal special benefit from the improvements and have been assigned a weighted allocation of one (1.0) EBU. As previously noted, it has also been determined that the residential parcel immediately adjacent to the improvements receive approximately a 10% greater special benefit than the other residential parcels within the development, and each of these parcels has been assigned a weighted allocation of one and one-tenth (1.1) EBU. Parcels identified as private streets; public easements and open space areas have been assigned a zero (0.0) EBU. Based on these weighted factors, an assessment rate (rate per EBU) for the District is calculated by taking the Total Net Cost to be assessed ("Balance to Levy"), then dividing that amount by the Total Number of EBU's assigned to all parcels within the District. Total Balance to Levy/Total EBU = Levy per EBU (assessment rate) The assessment amount for each parcel is calculated by multiplying the assessment rate ("Levy per EBU") by the EBU assigned to each parcel. City of Palm Springs, Parkway Maintenance District No. 10, Zone 2—Engineer's Report Page (� City of Palm Springs—Engineer's Report Parkway Maintenance District No. 10, ,Zone 2, Mountain Gate ll Levy per EBU x Each Parcel's Individual EBU = Parcel Levy Amount Since each residential parcel not immediately adjacent to the improvements has been assigned 1.0 EBU, the assessment obligation for each these residential parcels will be equal to the annual assessment rate. Since each residential parcel immediately adjacent to the improvements has been assigned 1.1 EBU, the assessment obligation for each residential of these parcels will be equal to 1.1 times the annual assessment rate. 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). An Assessment Range Formula was included as part of the original formation of the District. The purpose of establishing the Assessment Range Formula is to provide for reasonable increases and inflationary adjustment to annual costs and assessments without requiring costly noticing and mailing procedures, which could add to the costs and assessments. An original maximum assessment amount of $103,841 was established for the first fiscal year 2005/2006 this District was formed (the Initial Maximum Assessment). Future District Reports will identify as part of the District Budget an Adjusted Maximum Assessment Rate in accordance with the Assessment Range Formula for each subsequent fiscal year. The Assessment Range Formula for this District is generally defined: • If the proposed annual assessment 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 Maximum Assessment Rate is equal to the Initial Maximum Assessment Rate of $103,841 established in fiscal year 2005/2006, adjusted annually by the annual percentage change in the Consumer Price Index(CPI) of"All Urban Consumers' for the Los Angeles-Orange-Riverside County Area. The CPI used for establishing subsequent Maximum Assessment Rates shall be for the annual percentage change from the most current month published by the U. S. Department of Labor, Bureau of Labor Statistics; at the time the Engineer's Report for the District is prepared. Beginning with the second fiscal year (fiscal year 2006/2007) and each fiscal year thereafter, the Maximum Assessment Rate will be recalculated and a new Adjusted Maximum Assessment Rate will be established for the fiscal year utilizing the Assessment Range Formula described above. The Maximum Assessment Rate shall be calculated independent of the annual budget and proposed assessment. The annual percentage change in CPI shall be based on the annual percentage change established by the U.S. Department of Labor, Bureau of Labor Statistics. 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 approved by the City Council for determining fluctuations in the cost of living. City of Palm Springs, Parkway Maintenance District No. 10, ,Zone 2—Engineer's Report Page 7 City of Palm Springs— Engineer's Report Parkway Maintenance District No. 10, Zone 2, Mountain Gate 11 Any proposed annual assessment less than or equal to the Adjusted Maximum Assessment Rate is not considered an increased assessment, even if the proposed assessment is significantly 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 any such assessment may be imposed. 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 actual maintenance experience is lacking, cost estimates will be used to determine costs, as follows: Parkway maintenance: Includes maintenance labor, materials and equipment required to properly maintain the authorized improvements and services within the District. Water costs: The cost of irrigation water for the landscape to be maintained is based upon actual Desert Water Agency billings on public landscaped areas being maintained within the District. Electrical eneroy costs: Energy costs included are those necessary for the operation of irrigation controls. Incidental costs: Costs for special items, such as costs of levying the assessments with the County Tax Collector, anticipated utility rate hikes, or other such costs, 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 $0.20 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. Reserve Fund: In addition to the estimated annual maintenance expenditures and administrative costs, the 1972 Act provides for the annual collection of funds to be retained in a Reserve Fund. These funds are collected and retained for the purpose of funding the operation and maintenance of the improvements from the beginning of the fiscal year (July 1) until such time the assessment proceeds are received from the County which is generally in January or February (Operational Reserves). The funds may also be used to offset unforeseen maintenance expenditures (revenue deficits) as well as funds retained as City of Palm Springs, Parkway Maintenance District No. 10, Zone 2—Engineer's Report Page 80 0 a 113 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 10, Zone 2, Mountain Gate 11 surplus revenues from the previous fiscal year. The amount retained in the Reserve Fund typically should not exceed an amount greater than the operational reserve requirements described above. B. DISTRICT BUDGET This report has been prepared pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code and Article XIIID, Section 4 of the California Constitution (Proposition 218). FISCAL YEAR 2008/2009 PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 2 ("MOUNTAIN GATE II") Formed in 2005 A. PARKWAY LANDSCAPE MAINTENANCE ESTIMATED ANNUAL COST 2008/2009 Items Annual Cast 1. Maintenance Costs a. Merchants Landscape, Services Inc., contract cost $ 46,603 b. Palm Tree Trimming $ 500 2. Southern California Edison $ 3,055 3. Desert Water Agency (irrigation costs) $ 500 4. Maintenance/Repairs (estimated at 5%) $ 2,533 5. Administration (estimated at 10%) $ 5,066 6. Reserve Fund (estimated at 10%) $ 5,066 TOTAL COSTS: $ 63,323 B, Actual Costs vs. Assessments Summary: Account Surplus as of 6/30106 = $ 57,263 Assessment in 2006/2007 = $ 0 Actual Costs in 2006/2007 = ($ 11,595) Account Surplus as of 6/30107 = $ 45,668 Assessment in 2007/2008= $ 112,516 Estimated Costs in 2007/2008 = ($ 45,896) Estimated Account Surplus as of 6130/08 = $ 112,288 C. 2008/2009 ASSESSMENT Estimated cost for 2008/2009 ($ 63,323) Estimated Account Surplus as of 6/30/08 = $ 112,288 Total � $ 48,965 Proposed 2008/2009 Assessment= $ 10,000 D. MAXIMUM ASSESSMENT Initial Max. Assessment (2005/2006) = $ 103,841 Adjusted Max. Assessment (2006/2007) = $ 108,722 (reflects 4.70% CPI adjustment) Adjusted Max. Assessment (2007/2008) _ $ 112,516 (reflects 3.49% CPI adjustment) City of Palm Springs, Parkway Maintenance District No. 10, Zone 2--Engineer's Report Page 9, o o 1 ' 4 City of Palm Springs--Engineer's Report Parkway Maintenance District No. 10, Zone 2, Mountain Gate 11 Consumer Price Index (CPI) of "All Urban Consumers" for the Los Angeles-Orange-Riverside County Area, most current data (April 2008): 3.11% Adjusted Max. Assessment(2008/2009) _ $ 116,015 (reflects 3.11% CPI adjustment) E. 2008/2009 ASSESSMENT RATE Total Equivalent Benefit Units = 175 x 1.0 EBU + 21 x 1.1 EBU = 198.1 EBU Maximum Assessment Rate (per EBU) = $116,015 divided by 198.1 EBU = $585,64 Proposed Assessment Rate (per EBU) = $10,000 divided by 198.1 EBU = $50.48 2008/2009 Assessment: 175 parcels @ $50.48 and 21 parcels @ $55.53 ($50.48 x 1.10) F. Actual Costs vs. Assessments History (Previous Closed Out 5 Years).- Actual Costs: 02/03 = $0; 03/04 =$0; 04/05 = $0; 05/06 = $329 06/07 = $11,595 Assessments: $0 $0 $0 $57,592 $0 G. Budget (Expenditure Detail), see Account No. 001-2451-43595 City of Palm Springs, Parkway Maintenance District No. 10, Zone 2—Engineer's Report Page City of Palm Springs—Engineer's Report Parkway Maintenance District No. 10, Zone 2, Mountain Gate 11 APPENDIX A - DISTRICT DIAGRAM The parcels within the Palm Springs Parkway Maintenance District No. 10, Zone 2, ("Mountain Gate II"), are shown on the current Riverside County Assessor's Parcel Map Book 669 Pages 63, 64 and 65. The County Assessor's Parcel Map along with the Assessment Roll constitutes the District Assessment Diagram. A copy of the Parkway Maintenance District No. 10, Zone 2, boundary is shown on the following page. City of Palm Springs, Parkway Maintenance District No. 10, Zone 2—Engineer's Report Pago@ Q 1 16 City of Palm Springs—Engineer's Report Parkway Maintenance District No- 10, Zone 2, Mountain Gate 11 ���� 1 t _ � ry •" \ y -rlfy^"��••u�^�. Z`e '": ., the iL � w �� it.,. •f ,� � City of Palm Springs, Parkway Maintenance District No. 10, Zone 2--Engineer's Report Page 12 000117 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 10, Zone 2, Mountain Gate lI S r.r r ma '~�•�°"[ryALTA CRESTA n �SS J< SA ]J t � e ❑= O of `Y 11 11 S o IL O O Y] IY I9 57 � a, Nn R ]R Ii y 4 [/ MIRA LLlNA'; x ISO n ig S g 55 E r -nO Po O3a g/ J, Sn A JI n y g 19 wT t y v 51 JI 4' 9 a' 65 5tl " ]L 0 [s a 71 7e in 1 _ 1 Jiba Y �41 Y 35�•^ vO J6,v •�n� d N 15 7tla x � 3 �O x 67 49 13.[ $ 50•x . p " •nO 11 n@I] iL Sny RID CE 0 cs• � % O 53 ii R 6; bldl�vx[p~ ��'a •a., r..erc � Y 4 City of Palm Springs, Parkway Maintenance District No. 10, Zone 2—Engineer's Report Page 13000118 (7 lxItuNraIMMIAtxn!!!sex&r0FIDKY.Munnlrr [ tf. !n-ni5 ab4 -as : Is, wrrurxua.,n1rntC!UEV lssRwsn1xi PflR,S�G 33 T.33.,R•4E FA9!i �[ AAi Kl AM[r MIN LO l:l i[II Q P.I[!IH,$1IF!91RA15 C]TY N PAIM SP210 'L,iW I r l 1 rs n 71 ° rm li E w ' a n W rstn 1 1A ^" CD V OD is rorr v m N Ea na 4 0 H f5[ W(nl L' a b�fgF�Tl� it Y O pC, n s glTq - a O sx h.. i v CA ON N 3 ss LJ �r9 f] O o p r 3}5 xr N y nri s W 4 n„ ® Z W Nq 54 a 0 I® 338l97-57 TM.4Ci VAP 47 34C4B-1 unssors W ess!s 26.51 65 63 Ili 3:8�1pp-1CC 1P1.Ci Yl?NO 31C2B rra ane R,m I,.[pd!,Gh 1. t9.1.� v CD [D 1 41. �f �h i 1pm HS rl'. fWLf6L!5!3p51>'3$RS P]wean FOR.SEC 33 T.3S„R.4E ab9 a5 .s usa•a Px a rx.ur rr s un swn u:r<s:�s lu;a ; CI1Y 4F PAl.}d 1Yilk� ` ni ql PSSR nl°10:P H•1-91li of iln[ix:fIY LSIu!([s S cry ?4 7rns 1' s, MlRA CiJlJA { } J al aep{ So 1. z `O' �O O 0 g L� ' tj `' n i , v m r 26 I PAI AS RIDGE ISO �'G`to O }• O r .' ` �� ID N_ 0 °y ?i �9 O c O 19 i°O e tc S O � Oi O ORO RIDGE n twe O r s5 9 36 A O CU CD 6 � _,� ay •� n.rec °try wx:rtL � �O W 3 ti ¢ STATE HIGHWAY M a --- - o 366/33-99 TP.ACi &D m 32020-1 ass[na s>ia!°.Sif P:°S 3ti 0 36ym-196 iPJ1.T WF 0 32020 Rnili lr ieo.+ll, Glif I� rib PAS �1 rla City of Palm Springs—Engineer's Report Parkway Maintenance District No. 10, Zone 2, Mountain Gate 11 APPENDIX B - ASSESSMENT ROLL 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 proposed to be assessed within this District, along with the assessment amounts, is shown on the following table. City of Palm Springs, Parkway Maintenance District No. 10, Zone 2—Engineer's Report Page 16 000121 City of Palm Springs--Engineer's Report Parkway Maintenance District No. 10, Zone 2, Mountain Gate If RIVERSIDE COUNTY ASSESSMENT ROLL PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 2 ("MOUNTAIN GATE II") FISCAL YEAR 2008-2009 ASSESSOR'S ASSESSMENT ASSESSOR'S ASSESSMENT PARCELNUMBER PARCEL NUMBER 669-630-001 $50.48 669-630-027 $50.48 669-630-002 $50.48 669-630-028 $50.48 669-630-003 $50.48 669-630-029 $50,48 669-630-004 $50.48 669-630-030 $50,48 669-630-005 $50.48 669-630-031 $50.48 669-630-006 $50.48 669-630-032 $50.48 669-630-007 $50.48 669-630-033 $50,48 669-630-008 $50,48 669-630-034 $50.48 669-630-009 $50.48 669-630-035 $50.48 669-630-010 $50.48 669-630-036 $50,48 669-630-011 $50.48 669-630-037 $50.48 669-630-012 $50.48 669-630-038 $50.48 669-630-013 $50.48 669-630-039 $50.48 669-630-014 $50.48 669-630-040 $50.48 669-630-015 $50,48 669-630-041 $50.48 669-630-016 $50.48 669-630-042 $50.48 669-630-017 $50.48 669-630-043 $50.48 669-630-018 $50.48 669-630-044 $50.48 669-630-019 $50.48 669-630-045 $50.48 669-630-020 $50.48 669-630-046 $50.48 669-630-021 $50.48 669-630-047 $50.48 669-630-022 $50.48 669-630-048 $50.48 669-630-023 $50.48 669-630-049 $50.48 669-630-024 $50.48 669-630-050 $50.48 669-630-025 $50.48 669-630-051 $50.48 669-630-026 $50.48 669-630-052 $50.48 City of Palm Springs, Parkway Maintenance District No. 10, Zone 2-Engineer's Report Page ��O City of Palm Springs-Engineer's Report Parkway Maintenance District No. 10, Zone 2, Mountain Gate 11 RIVERSIDE COUNTY ASSESSMENT ROLL PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 2 ("MOUNTAIN GATE II") FISCAL YEAR 2008-2009 ASSESSOR'S ASSESSMENT ASSESSOR'S ASSESSMENT PARCEL NUMBER PARCEL NUMBER 669-630-053 $50.48 669-640-014 $50.48 669-630-054 $50.48 669-640-015 $50.48 669-630-055 $50.48 669-640-016 $50.48 669-630-056 $50.48 669-640-017 $50.48 669-630-057 $50.48 669-640-018 I $50.48 669-630-058 $50.48 669-640-019 $50.48 669-630-059 $50.48 669-640-020 $50.48 669-630-060 $50.48 669-640-021 $50,48 669-630-061 $50.48 669-640-022 $50.48 669-630-062 $50.48 669-640-023 $50.48 669-630-063 $50.48 669-640-024 $50.48 669-630-064 $55.53 669-640-025 $50.48 669-630-065 $55.53 669-640-026 $50.48 669-630-066 $55.53 669-640-027 $50.48 669-630-067 $55.53 669-640-028 $50.48 669-630-068 $55.53 669-640-029 $50.48 669-630-069 $55.53 669-640-030 $50.48 669-640-001 $50.48 669-640-031 $50.48 669-640-002 $50.48 669-640-032 $50.48 669-640-003 $50.48 669-640-033 $50,48 669-640-004 $50.48 669-640-034 $50.48 669-640-005 $50.48 669-640-035 $50.48 669-640-006 $50.48 669-640-036 $50,48 669-640-011 $50.48 669-640-037 $50,48 669-640-012 $50.48 669-640-038 $50.48 669-640-013 $50.48 669-640-039 $50.48 City of Palm Springs, Parkway Maintenance District No. 10, Zone 2-Engineer's Report Page 18 QQQ ' City of Palm Springs- Engineer's Report Parkway Maintenance District No. 10, Zone 2, Mountain Gate 11 RIVERSIDE COUNTY ASSESSMENT ROLL PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 2 ("MOUNTAIN GATE II") FISCAL YEAR 2008-2009 ASSESSOR'S ASSESSMENT ASSESSOR'S ASSESSMENT PARCEL NUMBER PARCEL NUMBER 669-640-040 $50.48 669-650-022 $50.48 669-640-041 $50.48 669-650-023 $50.48 669-640-042 $50,48 669-650-024 $50.48 669-640-043 $50.48 669-650-025 $50,48 669-640-044 $50.48 669-650-026 $50.48 669-640-045 $50.48 669-650-027 $50.48 669-640-046 $50.48 669-650-028 $50.48 669-640-047 $50.48 669-650-029 $50,48 669-640-048 $50.48 669-650-030 $50.48 669-650-001 $50.48 669-650-031 $55.53 669-650-002 $50,48 669-650-032 $55.53 669-650-003 $50.48 669-650-033 $55.53 669-650-004 $50.48 669-650-034 $55.53 669-650-005 $50.48 669-650-035 $55,53 669-650-006 $50.48 669-650-036 $55.53 669-650-007 $50.48 669-650-037 $55,53 669-650-008 $50.48 669-650-038 $55.53 669-650-009 $50,48 669-650-039 $55.53 669-650-010 $50.48 669-650-040 $55.53 669-650-011 $50.48 669-650-041 $50,48 669-650-012 I $55.53 669-650-042 $50.48 669-650-013 $55.53 669-650-043 $50.48 669-650-014 $55.53 669-650-044 $50.48 669-650-015 $55.53 669-650-045 $50.48 669-650-016 $55.53 669-650-046 $50,48 669-650-021 $50.48 669-650-047 $50,48 City of Palm Springs, Parkway Maintenance District No, 10, Zane 2-Engineer's Report Page City of Palm Springs-Engineer's Report Parkway Maintenance District No, 10, Zone 2, Mountain Gate 11 RIVERSIDE COUNTY ASSESSMENT ROLL PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 2 ("MOUNTAIN GATE II") FISCAL YEAR 2008-2009 ASSESSOR'S ASSESSMENT ASSESSOR'S ASSESSMENT PARCEL. NUMBER PARCEL NUMBER 669-650-048 $50.48 669-650-068 $50.48 669-650-049 $50.48 669-650-069 $50.48 669-650-050 $50.48 669-650-070 $50.48 669-650-051 $50.48 669-650-071 $50.48 669-650-052 $50.48 669-650-072 $50.48 669-650-053 $50.48 669-650-073 $50.48 669-650-054 $50,48 669-650-074 $50.48 669-650-055 $50.48 669-650-075 $50.48 669-650-056 $50.48 669-650-076 $50.48 669-650-057 $50.48 669-650-077 $50.48 669-650-058 $50,48 669-650-078 $50.48 669-650-059 $50.48 669-650-079 $50.48 669-650-060 $50.48 669-650-080 $50.48 669-650-061 $50,48 669-650-081 $50.48 669-650-062 $50.48 669-650-082 $50.48 669-650-063 $50.48 669-650-083 $50.48 669-650-064 $50.48 669-650-084 $50.48 669-650-065 $50.48 669-650-085 $50.48 669-650-066 $50.48 669-650-086 $50.48 669-650-067 $50.48 669-650-087 $50.48 Total Assessment $10,000.13 City of Palm Springs, Parkway Maintenance District No. 10, ,Zone 2-Engineer's Report page 7 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER'S REPORT REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 3 ("CROSSLEY TRACT"); AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2008/2009 WHEREAS, the City Council has, by previous Resolutions, formed the Palm Springs Street Lighting Maintenance District No, 3 (hereafter referred to as "District No. 3") pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California, beginning with §22500 (hereafter referred to as the "Act"), that provides for the levy and collection of assessments by the City of Palm Springs to pay the maintenance and services of improvements and all appurtenant facilities and operations related thereto; and WHEREAS, District No. 3 includes an existing street lighting and electrical system within the boundary of District No. 3; and WHEREAS, the Act provides for the levy and collection of assessments by the County of Riverside for the City of Palm Springs to pay cost for the maintenance and services of all improvements and facilities related thereto; and WHEREAS, the City Engineer has prepared an Engineer's Report (hereafter referred to as the "Report") in accordance with the Act, and in accordance with the requirements of Articles XIIIC and XIIID of the California Constitution; and WHEREAS, there has now been presented to the City Council the Report for District No. 3 for Fiscal Year 2008/2009; and WHEREAS, the City Council has carefully examined and reviewed the Report as presented and is preliminarily satisfied with each and all of the budget items and documents as set forth therein, and is preliminarily satisfied that the proposed annual assessments have been spread in accordance with the special benefits properties within District No. 3 will receive from the improvements, operation, maintenance and services to be performed as part of District No. 3, as set forth in said Report. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the preceding recitals are all true and correct. Section 2. That the Report as presented, consists of the following; 090126 Resolution No. Page 2 2a. A description of District No. 3 and improvements. 2b. Method of Apportionment that outlines the special benefit conferred on properties within District No. 3 from the improvements; and the calculations used to establish each parcel's proportional special benefit assessment for fiscal year 2008/2009. 2c. The Budget that outlines the costs and expenses to service, and maintain the improvements including incidental expenses authorized by the Act. 2d. An Assessment Diagram that identifies the lots, parcels and properties included in the boundaries of District No. 3. 2e. An Assessment Roll containing each of the Assessor Parcel Numbers that comprise District No. 3 and the proportional maximum assessment for fiscal year 2008/2009. Section 3. The Report is hereby approved on a preliminary basis (as submitted or amended), and 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 proposed assessments for fiscal year 2008/2009 are less than or equal to the maximum assessment amounts previously approved by property owner petition or balloting, in accordance with the provisions of the California Constitution Article XIIID (Proposition 218). Section 5. The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Report for District No. 3. ADOPTED THIS 18th day of June, 200$. David H. Ready, City Manager ATTEST: James 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. 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 June 18, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California �QC�.ai✓ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON STREET LIGHTING MAINTENANCE DISTRICT NO. 3 ("CROSSLEY TRACT"); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2008/2009 WHEREAS, the City Council has, by previous Resolutions, formed the Palm Springs Street Lighting Maintenance District No. 3 (hereafter referred to as "District No. 3") pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California, beginning with §22500 (hereafter referred to as the "Act"), that provides for the levy and collection of assessments by the City of Palm Springs to pay the maintenance and services of improvements and all appurtenant facilities and operations related thereto; and WHEREAS, the Engineer has prepared and filed with the City Clerk a Report for District No. 3, and the levy of assessments for Fiscal Year 2008/2009 (July 1, 2008, and ending June 30, 2009) in accordance with the Act; and the Council did by previous Resolution preliminarily approve such Report. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council hereby declares its intention to levy and collect annual assessments against parcels of land within District No. 3 for fiscal year 2008/2009. Section 2. The territory of land within District No. 3 includes all lots and parcels within the residential area identified as the "Crossley Tract", generally located within the area along Lawrence Street and Marguerite Street between 34th Avenue and Martha Street, consisting of Lots 3-36 and 38-77 of the Map of "Crossley Tract'; a full and complete listing of parcels within District No. 3 is included in the Report on file with the City Clerk. Section 3. The improvements include the operation, maintenance and servicing of street lighting improvements and appurtenant facilities to be provided by the City of Palm Springs in connection with the street lighting and electrical system installed within Lawrence Street and Marguerite Street within District No. 3. Detailed maps and descriptions of the location and extent of the improvements to be maintained are on file in the Office of Public Works and by reference are made part of this Resolution. Section 4. The proposed assessments for District No. 3 are outlined in the Engineer's Report. The Report details the assessments necessary to provide for the annual operation, administration, services and maintenance of the improvements described in Section 3 of this Resolution. These assessments are less than or equal to the maximum 00O12S Resolution No. Page 2 assessment amounts previously approved by property owner petition or balloting within District No. 3, in accordance with the provisions of the California Constitution Article XIIID (Proposition 218). Section 5. The City Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments for the improvements in accordance with the Act. Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, or having previously filed protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the public hearing, all interested persons shall be afforded the opportunity to hear and be heard. Section 6. Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Wednesday July 16, 2008, at 6:00 P.M., or as soon thereafter as feasible in the City Council Chambers at City Hall, located at 3200 E. Tahquitz Canyon Way, Palm Springs, California. Section 7. The City Clerk shall cause notice to be given of the time and place of the Public Hearing by causing the publishing of this Resolution once in the local paper not less than ten (10) days before the date of the hearing and by posting a copy of this Resolution on the official bulletin board customarily used by the City Council for the posting of such notices, pursuant to the Act. ADOPTED THIS 18th day of June, 2008. David H. Ready, City Manager ATTEST: James Thompson, City Clerk 000320 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. 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 June 18, 2008, by the fallowing vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 0 0 0 i x RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER'S REPORT REGARDING PARKWAY MAINTENANCE DISTRICT NO. 6A ("FAIRPORT DEVELOPMENT"); AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2008/2009 WHEREAS, the City Council has, by previous Resolutions, formed the Palm Springs Parkway Maintenance District No. 6A (hereafter referred to as "District No. 6A") pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California, beginning with §22500 (hereafter referred to as the "Act"), that provides for the levy and collection of assessments by the City of Palm Springs to pay the maintenance and services of improvements and all appurtenant facilities and operations related thereto; and WHEREAS, District No. 6A includes existing parkway landscape improvements within the boundary of District No. 6A; and WHEREAS, the Act provides for the levy and collection of assessments by the County of Riverside for the City of Palm Springs to pay cost for the maintenance and services of all improvements and facilities related thereto; and WHEREAS, the City Engineer has prepared an Engineer's Report (hereafter referred to as the "Report") in accordance with the Act, and in accordance with the requirements of Articles XIIIC and XIIID of the California Constitution; and WHEREAS, there has now been presented to the City Council the Report for District No. 6A for Fiscal Year 2008/2009; and WHEREAS, the City Council has carefully examined and reviewed the Report as presented and is preliminarily satisfied with each and all of the budget items and documents as set forth therein, and is preliminarily satisfied that the proposed annual assessments have been spread in accordance with the special benefits properties within District No. 6A will receive from the improvements, operation, maintenance and services to be performed as part of District No. 6A, as set forth in said Report. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the preceding recitals are all true and correct. Section 2. That the Report as presented, consists of the following: 000132 Resolution No. Page 2 2a. A description of District No. 6A and improvements. 2b. Method of Apportionment that outlines the special benefit conferred on properties within District No. 6A from the improvements; and the calculations used to establish each parcel's proportional special benefit assessment for fiscal year 2008/2009. 2c. The Budget that outlines the costs and expenses to service, and maintain the improvements including incidental expenses authorized by the Act. 2d. An Assessment Diagram that identifies the lots, parcels and properties included in the boundaries of District No. 6A. 2e. An Assessment Roll containing each of the Assessor Parcel Numbers that comprise District No. 6A and the proportional maximum assessment for fiscal year 2008/2009_ Section 3. The Report is hereby approved on a preliminary basis (as submitted or amended), and 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 proposed assessments for fiscal year 2008/2009 are less than or equal to the maximum assessment amounts previously approved by property owner petition or balloting, in accordance with the provisions of the California Constitution Article XIIID (Proposition 218). Section 5. The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Report for District No. 6A. ADOPTED THIS 18th day of June, 2008. David H. Ready, City Manager ATTEST: James 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. _ 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 June 18, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 0 �0�34 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON PARKWAY MAINTENANCE DISTRICT NO. 6A ("FAIRPORT DEVELOPMENT'); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2008/2009 WHEREAS, the City Council has, by previous Resolutions, formed the Palm Springs Parkway Maintenance District No. 6A (hereafter referred to as "District No. 6A") pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California, beginning with §22500 (hereafter referred to as the "Act"), that provides for the levy and collection of assessments by the City of Palm Springs to pay the maintenance and services of improvements and all appurtenant facilities and operations related thereto; and WHEREAS, the Engineer has prepared and filed with the City Clerk a Report for District No. 6A, and the levy of assessments for Fiscal Year 2008/2009 (July 1, 2008, and ending June 30, 2009) in accordance with the Act; and the Council did by previous Resolution preliminarily approve such Report. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council hereby declares its intention to levy and collect annual assessments against parcels of land within District No. 6A for fiscal year 2008/2009. Section 2. The territory of land within District No. 6A includes all lots and parcels within the residential area identified as the "Fairport Developmment", generally located along Campana Way, Montalvo Way, and Valdivia Way, between Chia Road and Tachevah Drive, west of Gene Autry Trail, consisting of Lots 1-15 of Tract 9780 and Lots 1-16 of Tract 12182; a full and complete listing of parcels within District No. 6A is included in the Report on file with the City Clerk. Section 3. The improvements include the operation, maintenance and servicing of landscape improvements and appurtenant facilities to be provided by the City of Palm Springs in connection with the parkway landscaping within District No. 6A. Detailed maps and descriptions of the location and extent of the Improvements to be maintained are on file in the Office of Public Works and by reference are made part of this Resolution. Section 4. The proposed assessments for District No. 6A are outlined in the Engineer's Report. The Report details the assessments necessary to provide for the annual operation, administration, services and maintenance of the improvements 0� �135 Resolution No. Page 2 described in Section 3 of this Resolution. These assessments are less than or equal to the maximum assessment amounts previously approved by property owner petition or balloting within District No. 6A, in accordance with the provisions of the California Constitution Article XIIID (Proposition 218). Section 5. The City Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments for the improvements in accordance with the Act. Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, or having previously filed protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the public hearing, all interested persons shall be afforded the opportunity to hear and be heard. Section 6. Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Wednesday July 16, 2008, at 6:00 P.M., or as soon thereafter as feasible in the City Council Chambers at City Hall, located at 3200 E. Tahquitz Canyon Way, Palm Springs, California. Section 7. The City Clerk shall cause notice to be given of the time and place of the Public Hearing by causing the publishing of this Resolution once in the local paper not less than ten (10) days before the date of the hearing and by posting a copy of this Resolution on the official bulletin board customarily used by the City Council for the posting of such notices, pursuant to the Act. ADOPTED THIS 18th day of June, 2008. David H. Ready, City Manager ATTEST: James 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. 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 June 18, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 00013'7 RESOLUTION N0, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER'S REPORT REGARDING PARKWAY MAINTENANCE DISTRICT NO. 6C ("PARK SONORA TRACT"); AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2008/2009 WHEREAS, the City Council has, by previous Resolutions, formed the Palm Springs Parkway Maintenance District No. 6C (hereafter referred to as "District No. 6C") pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California, beginning with §22500 (hereafter referred to as the "Act"), that provides for the levy and collection of assessments by the City of Palm Springs to pay the maintenance and services of improvements and all appurtenant facilities and operations related thereto; and WHEREAS, District No. 6C includes existing parkway landscape improvements within the boundary of District No. 6C; and WHEREAS, the Act provides for the levy and collection of assessments by the County of Riverside for the City of Palm Springs to pay cost for the maintenance and services of all improvements and facilities related thereto; and WHEREAS, the City Engineer has prepared an Engineer's Report (hereafter referred to as the "Report") in accordance with the Act, and in accordance with the requirements of Articles XIIIC and XIIID of the California Constitution; and WHEREAS, there has now been presented to the City Council the Report for District No. 6C for Fiscal Year 2008/2009; and WHEREAS, the City Council has carefully examined and reviewed the Report as presented and is preliminarily satisfied with each and all of the budget items and documents as set forth therein, and is preliminarily satisfied that the proposed annual assessments have been spread in accordance with the special benefits properties within District No. 6C will receive from the improvements, operation, maintenance and services to be performed as part of District No. 6C, as set forth in said Report. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the preceding recitals are all true and correct_ Section 2. That the Report as presented, consists of the following: Resolution No. Page 2 2a. A description of District No. 6C and improvements. 2b. Method of Apportionment that outlines the special benefit conferred on properties within District No. 6C from the improvements; and the calculations used to establish each parcel's proportional special benefit assessment for fiscal year 2008/2009. 2c. The Budget that outlines the costs and expenses to service, and maintain the improvements including incidental expenses authorized by the Act. 2d. An Assessment Diagram that identifies the lots, parcels and properties included in the boundaries of District No. 6C. 2e. An Assessment Roll containing each of the Assessor Parcel Numbers that comprise District No. 6C and the proportional maximum assessment for fiscal year 2008/2009. Section 3. The Report is hereby approved on a preliminary basis (as submitted or amended), and 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 proposed assessments for fiscal year 2008/2009 are less than or equal to the maximum assessment amounts previously approved by property owner petition or balloting, in accordance with the provisions of the California Constitution Article XIIID (Proposition 218). Section 5. The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Report for District No. 6C. ADOPTED THIS 18th day of June, 2008. David H. Ready, City Manager ATTEST: James 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. 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 June 18, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON PARKWAY MAINTENANCE DISTRICT NO. 6C ("PARK SONORA TRACT'); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2008/2009 WHEREAS, the City Council has, by previous Resolutions, formed the Palm Springs Parkway Maintenance District No. 6C (hereafter referred to as "District No. 6C") pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California, beginning with §22500 (hereafter referred to as the "Act"), that provides for the levy and collection of assessments by the City of Palm Springs to pay the maintenance and services of improvements and all appurtenant facilities and operations related thereto; and WHEREAS, the Engineer has prepared and filed with the City Clerk a Report for District No. 6C, and the levy of assessments for Fiscal Year 2008/2009 (July 1, 2008, and ending June 30, 2009) in accordance with the Act; and the Council did by previous Resolution preliminarily approve such Report. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council hereby declares its intention to levy and collect annual assessments against parcels of land within District No. 6C for fiscal year 2008/2009. Section 2. The boundaries of District No. 6C are generally located within the area identified as the "Park Sonora Tract" consisting of Tract 5078, and is designated as District No. 6C. Section 3. The improvements include the operation, maintenance and servicing of landscape improvements and appurtenant facilities to be provided by the City of Palm Springs in connection with the parkway landscaping within District No. 6C. Detailed maps and descriptions of the location and extent of the improvements to be maintained are on file in the Office of Public Works and by reference are made part of this Resolution. Section 4. The proposed assessments for District No. 6C are outlined in the Engineer's Report. The Report details the assessments necessary to provide for the annual operation, administration, services and maintenance of the improvements described in Section 3 of this Resolution. These assessments are less than or equal to the maximum assessment amounts previously approved by property owner petition or 000M Resolution No. Page 2 balloting within District No. 6C, in accordance with the provisions of the California Constitution Article XIIID (Proposition 218). Section 5. The City Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments for the improvements in accordance with the Act. Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, or having previously filed protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the public hearing, all interested persons shall be afforded the opportunity to hear and be heard. Section 6. Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Wednesday July 16, 2008, at 6:00 P.M., or as soon thereafter as feasible in the City Council Chambers at City Hall, located at 3200 E. Tahquitz Canyon Way, Palm Springs, California. Section 7. The City Clerk shall cause notice to be given of the time and place of the Public Hearing by causing the publishing of this Resolution once in the local paper not less than ten (10) days before the date of the hearing and by posting a copy of this Resolution on the official bulletin board customarily used by the City Council for the posting of such notices, pursuant to the Act. ADOPTED THIS 18th day of June, 2008. David H. Ready, City Manager ATTEST: James Thompson, City Clerk 06014 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. 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 June 18, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 000143 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER'S REPORT REGARDING PARKWAY MAINTENANCE DISTRICT NO. 9 ("FLORA VISTA"); AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2008/2009 WHEREAS, the City Council has, by previous Resolutions, formed the Palm Springs Parkway Maintenance District No. 9 (hereafter referred to as "District No. 9") pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California, beginning with §22500 (hereafter referred to as the "Act"), that provides for the levy and collection of assessments by the City of Palm Springs to pay the maintenance and services of improvements and all appurtenant facilities and operations related thereto; and WHEREAS, District No. 9 includes existing parkway landscape improvements within the boundary of District No. 9; and WHEREAS, the Act provides for the levy and collection of assessments by the County of Riverside for the City of Palm Springs to pay cost for the maintenance and services of all improvements and facilities related thereto; and WHEREAS, the City Engineer has prepared an Engineer's Report (hereafter referred to as the "Report") in accordance with the Act, and in accordance with the requirements of Articles XIIIC and XIIID of the California Constitution; and WHEREAS, there has now been presented to the City Council the Report for District No. 9 for Fiscal Year 2008/2009; and WHEREAS, the City Council has carefully examined and reviewed the Report as presented and is preliminarily satisfied with each and all of the budget items and documents as set forth therein, and is preliminarily satisfied that the proposed annual assessments have been spread in accordance with the special benefits properties within District No. 9 will receive from the improvements, operation, maintenance and services to be performed as part of District No. 9, as set forth in said Report. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the preceding recitals are all true and correct. Section 2, That the Report as presented, consists of the following: Resolution No. Page 2 2a. A description of District No. 9 and improvements. 2b. Method of Apportionment that outlines the special benefit conferred on properties within District No. 9 from the improvements; and the calculations used to establish each parcel's proportional special benefit assessment for fiscal year 2008/2009. 2c. The Budget that outlines the costs and expenses to service, and maintain the improvements including incidental expenses authorized by the Act. 2d. An Assessment Diagram that identifies the lots, parcels and properties included in the boundaries of District No. 9. 2e. An Assessment Roll containing each of the Assessor Parcel Numbers that comprise District No. 9 and the proportional maximum assessment for fiscal year 2008/2009. Section 3. The Report is hereby approved on a preliminary basis (as submitted or amended), and 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 proposed assessments for fiscal year 2008/2009 are less than or equal to the maximum assessment amounts previously approved by property owner petition or balloting, in accordance with the provisions of the California Constitution Article XIIID (Proposition 218). Section 5. The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Report for District No. 9. ADOPTED THIS 18th day of June, 2008. David H. Ready, City Manager ATTEST: James 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. 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 June 18, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 000146 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON PARKWAY MAINTENANCE DISTRICT NO. 9 ("FLORA VISTA"); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2008/2009 WHEREAS, the City Council has, by previous Resolutions, formed the Palm Springs Parkway Maintenance District No. 9 (hereafter referred to as "District No. 9") pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California, beginning with §22500 (hereafter referred to as the "Act"), that provides for the levy and collection of assessments by the City of Palm Springs to pay the maintenance and services of improvements and all appurtenant facilities and operations related thereto; and WHEREAS, the Engineer has prepared and filed with the City Clerk a Report for District No. 9, and the levy of assessments for Fiscal Year 2008/2009 (July 1, 2008, and ending June 30, 2009) in accordance with the Act; and the Council did by previous Resolution preliminarily approve such Report. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council hereby declares its intention to levy and collect annual assessments against parcels of land within District No. 9 for fiscal year 2008/2009. Section 2. The boundaries of District No. 9 are generally located within the residential area identified as "Flora Vista", consisting of Tract 26364-1, 26364-2, 26364-3 and Tract 26364. Section 3. The improvements include the operation, maintenance and servicing of landscape improvements and appurtenant facilities to be provided by the City of Palm Springs in connection with the parkway landscaping within District No. 9. Detailed maps and descriptions of the location and extent of the improvements to be maintained are on file in the Office of Public Works and by reference are made part of this Resolution. Section 4. The proposed assessments for District No. 9 are outlined in the Engineer's Report. The Report details the assessments necessary to provide for the annual operation, administration, services and maintenance of the improvements described in Section 3 of this Resolution. These assessments are less than or equal to the maximum assessment amounts previously approved by property owner petition or balloting within District No. 9, in accordance with the provisions of the California Constitution Article XIIID (Proposition 218). 00014 7 Resolution No. Page 2 Section 5. The City Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments for the improvements in accordance with the Act. Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, or having previously filed protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the public hearing, all interested persons shall be afforded the opportunity to hear and be heard. Section 6. Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Wednesday July 16, 2008, at 6:00 P.M., or as soon thereafter as feasible in the City Council Chambers at City Hall, located at 3200 E. Tahquitz Canyon Way, Palm Springs, California. Section 7. The City Clerk shall cause notice to be given of the time and place of the Public Hearing by causing the publishing of this Resolution once in the local paper not less than ten (10) days before the date of the hearing and by posting a copy of this Resolution on the official bulletin board customarily used by the City Council for the posting of such notices, pursuant to the Act. ADOPTED THIS 18th day of June, 2008. David H. Ready, City Manager ATTEST: James Thompson, City Clerk 0001118 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. 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 June 18, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California GIGG14C 9 RESOLUTION NO_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER'S REPORT REGARDING PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 1 AND ZONE 2, ("MOUNTAIN GATE"); AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2008/2009 WHEREAS, the City Council has, by previous Resolutions, formed the Palm Springs Parkway Maintenance District No. 10, Zane 1 and Zone 2, (hereafter referred to as "District No. 10") pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Cade of the State of California, beginning with §22500 (hereafter referred to as the "Act"), that provides for the levy and collection of assessments by the City of Palm Springs to pay the maintenance and services of improvements and all appurtenant facilities and operations related thereto; and WHEREAS, District No. 10 includes existing parkway landscape improvements within the boundary of District No. 10; and WHEREAS, the Act provides for the levy and collection of assessments by the County of Riverside for the City of Palm Springs to pay cast for the maintenance and services of all improvements and facilities related thereto; and WHEREAS, the City Engineer has prepared an Engineer's Report (hereafter referred to as the "Report') in accordance with the Act, and in accordance with the requirements of Articles XIIIC and XIIID of the California Constitution; and WHEREAS, there has now been presented to the City Council the Report for District No. 10 for Fiscal Year 2008/2009; and WHEREAS, the City Council has carefully examined and reviewed the Report as presented and is preliminarily satisfied with each and all of the budget items and documents as set forth therein, and is preliminarily satisfied that the proposed annual assessments have been spread in accordance with the special benefits properties within District No. 10 will receive from the improvements, operation, maintenance and services to be performed as part of District No. 10, as set forth in said Report. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the preceding recitals are all true and correct. Section 2. That the Report as presented, consists of the following: 060150 Resolution No. Page 2 2a. A description of District No. 10 and improvements. 2b. Method of Apportionment that outlines the special benefit conferred on properties within District No. 10 from the improvements; and the calculations used to establish each parcel's proportional special benefit assessment for fiscal year 2008/2009. 2c. The Budget that outlines the costs and expenses to service, and maintain the improvements including incidental expenses authorized by the Act. 2d. An Assessment Diagram that identifies the lots, parcels and properties included in the boundaries of District No. 10. 2e. An Assessment Roll containing each of the Assessor Parcel Numbers that comprise District No. 10 and the proportional maximum assessment for fiscal year 2008/2009. Section 3. The Report is hereby approved on a preliminary basis (as submitted or amended), and 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 proposed assessments for fiscal year 2008/2009 are less than or equal to the maximum assessment amounts previously approved by property owner petition or balloting, in accordance with the provisions of the California Constitution Article XIIID (Proposition 218). Section 5. The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Report for District No. 10. ADOPTED THIS 18th day of June, 2008. David H. Ready, City Manager ATTEST: James Thompson, City Clerk 060151 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. 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 June 18, 2008, by the following vote: AYES: NOES: ABSENT- ABSTAIN: James Thompson, City Clerk City of Palm Springs, California Q[l0152 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 1 AND ZONE 2, ("MOUNTAIN GATE"); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2008/2009 WHEREAS, the City Council has, by previous Resolutions, formed the Palm Springs Parkway Maintenance District No. 10, Zone 1 and Zone 2, (hereafter referred to as "District No. 10") pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California, beginning with §22500 (hereafter referred to as the "Act"), that provides for the levy and collection of assessments by the City of Palm Springs to pay the maintenance and services of improvements and all appurtenant facilities and operations related thereto; and WHEREAS, the Engineer has prepared and filed with the City Clerk a Report for District No. 10, and the levy of assessments for Fiscal Year 2008/2009 (July 1, 2008, and ending June 30, 2009) in accordance with the Act; and the Council did by previous Resolution preliminarily approve such Report. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council hereby declares its intention to levy and collect annual assessments against parcels of land within District No. 10 for fiscal year 2008/2009. Section 2. The territory of land within District No. 10, Zones 1 and 2, includes all lots and parcels within the residential area identified as "Mountain Gate", consisting of Tract 30963-1, Tract 30963-2, Tract 30963, Tract 32028-1, and Tract 32028. Section 3. The improvements include the operation, maintenance and servicing of landscape improvements and appurtenant facilities to be provided by the City of Palm Springs in connection with the parkway landscaping within District No. 10. Detailed maps and descriptions of the location and extent of the improvements to be maintained are on file in the Office of Public Works and by reference are made part of this Resolution. Section 4. The proposed assessments for District No. 10 are outlined in the Engineer's Report. The Report details the assessments necessary to provide for the annual operation, administration, services and maintenance of the improvements described in Section 3 of this Resolution. These assessments are less than or equal to the maximum assessment amounts previously approved by property owner petition or 00011 Resolution No. Page 2 balloting within District No. 10, in accordance with the provisions of the California Constitution Article XIIID (Proposition 218). Section 5. The City Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments for the improvements in accordance with the Act. Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, or having previously filed protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the public hearing, all interested persons shall be afforded the opportunity to hear and be heard. Section 6. Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Wednesday July 16, 2008, at 6:00 P.M., or as soon thereafter as feasible in the City Council Chambers at City Hall, located at 3200 E. Tahquitz Canyon Way, Palm Springs, California. Section 7. The City Clerk shall cause notice to be given of the time and place of the Public Hearing by causing the publishing of this Resolution once in the local paper not less than ten (10) days before the date of the hearing and by posting a copy of this Resolution on the official bulletin board customarily used by the City Council for the posting of such notices, pursuant to the Act. ADOPTED THIS 18th day of June, 2008. David H. Ready, City Manager ATTEST: James 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. 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 June 18, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California f�,i55