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HomeMy WebLinkAbout7/21/2004 - STAFF REPORTS (18) DATE: July 21, 2004 TO: City Council FROM: Director of Public Works/City Engineer PUBLIC HEARING FOR STREET LIGHTING MAINTENANCE DISTRICT 3; AND PARKWAY MAINTENANCE DISTRICTS 6A, 7, 9, AND 10, FISCAL YEAR 2004-2005 RECOMMENDATION: It is recommended that the City Council, after considering testimony received at the public hearing, adopt the necessary resolutions regarding the annual levying and collection of assessments for Street Lighting Maintenance District 3, and Parkway Maintenance Districts 6A, 7, 9, and 10. SUMMARY: 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 Lighting or Parkway Maintenance Districts. The City currently has eleven Maintenance Districts, out of which six Maintenance Districts have operation and maintenance costs exceeding the revenue generated by the maximum assessments allowable by law (as limited by Proposition 218). These six Maintenance Districts have over the past few years been supplemented by General Fund revenue to continue the required operation and maintenance of the improvements within those Maintenance Districts. As part of a separate public hearing process, the City Council will be facilitating the property owner protest balloting process for consideration of increased assessments within those six Districts. Five of the Maintenance Districts have operation and maintenance costs that do not exceed the revenue generated by the maximum assessment allowable by law, and no increase in the established maximum assessment within those Maintenance Districts is proposed. These five Districts are the subject of this public hearing,which is required annually to allow the City to continue to levy and collect assessments against properties within those Districts BACKGROUND: There are currently eleven existing Maintenance Districts in the City of Palm Springs: 1. Street Lighting Maintenance District No. 1 (Belardo Rd. Area -165 Properties) 2. Street Lighting Maintenance District No. 2 (McManus Drive -25 Properties) 3. Street Lighting Maintenance District No. 3 (Crossley Tract- 75 Properties) 4. Street Lighting Maintenance District No. 4 (Eagle Way Area-43 Properties) 5. Parkway Maintenance District No. 6A (Fairport Development -23 Properties) 6. Parkway Maintenance District No. 6B (Parkside Estates -93 Properties) 7. Parkway Maintenance District No. 6C (Park Sonora Tract - 30 Properties) 8. Parkway Maintenance District No. 7 (Sunrise Norte Tract - 53 Properties) 9. Parkway Maintenance District No. 8 (Vintage Palms Tract - 64 Properties) 10. Parkway Maintenance District No. 9 (Flora Vista Tract - 77 Properties) 11. Parkway Maintenance District No. 10 (Mountain Gate —308 Properties) Street Lighting Maintenance District 3; and Parkway Maintenance Districts 6A, 7, 9, and 10 July 21, 2004 Page 2 Nine of the Districts listed above were established in accordance with the Landscaping and Lighting Act of 1972, which require a public hearing every year in order to levy and collect assessments within the Districts. Street Lighting Maintenance Districts No. 1 and No. 2 were established in accordance with the Street Lighting Act of 1931, which requires a public hearing every five years in order to levy and collect assessments within the Districts. Street Lighting Maintenance District No. 3 and Parkway Maintenance Districts No. 6A, 7, 9 and 10 are not operating in a deficit condition, and therefore, do not require increases in the previously approved maximum assessments. The Engineer's Reports have identified District budgets that are operating within the revenue collected through assessments within the District. On June 2, 2004,the City Council preliminarily approved the Engineer's Reports for these Districts and scheduled the public hearing on approving the Engineer's Reports and levying assessments within these five Districts for July 21, 2004. In accordance with state law, a noticed public hearing is required to amend or approve the final Engineer's Report and to establish the approved annual levy of assessments in these five Districts, which are then ordered upon City Council action to be levied and collected for fiscal year 2004-2005. The necessary resolutions for each District are attached for City Council's consideration to facilitate the administrative process of continuing the collection of assessments within these Districts at a level less than or equal to the previously approved maximum assessment. No increased assessments are proposed for these five Districts. SUBMITTED: 0 DAVID J. BARAKIAN Director of Public Works/City Engineer APPROVED: DAVID H. READY City Manager ATTACHMENTS: 1. Resolutions (10) (2 each District) 2. Engineer's Reports (5) (1 each District) 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 2004/2005 of PALM S Any V cn m * y�o �a3 x- RpORATEO Public Hearing: July 21, 2004 u City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 3, Crossley Tract Engineer's Report Affidavit Palm Springs 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 2004-2005, 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 day of 12004. By: David J. Barakian, P.E. Director of Public Works/City Engineer City of Palm Springs Civil Engineer C 25931 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 FY 2004-05 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 _day of , 2004. Patricia J. Sanders, 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_day of 2004. Patricia J. Sanders, City Clerk City of Palm Springs County of Riverside, California City of Palm Springs—Engineers 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..........................................................................6 DISTRICTBUDGET................................................................................................................... 6 A. Description of Budget Items ...........................................................................6 B. 2004/2005 District Budget.............................................................................. 7 APPENDIX A— District Diagram.................................................................................................7 APPENDIX B —Assessment Roll................................................................................................9 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 2004-05, 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 2004-05. 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 addition to the Act, in accordance with Article XIII D, any new or increased assessments must be approved by Assessment Ballots mailed to the property owners of the parcels assessed no later than 45 days prior to the public hearing. Approval will be determined by weighing the ballots according to the proportional obligation of the affected property in the district. At the time of the public hearing, Assessment Ballots will be tallied and this information will be combined with the Engineer's Report for the District for approval prior to submitting assessments to the County Auditor/Controller. B. OVERVIEW The District described in this report contains parcels of land within the residential tract referred to as 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 City of Palm Springs, Lighting Maintenance District No. 3-Engineer's Report Page 1 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 3, Crossley Tract 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 2004-05. 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, is located within the boundaries of the City of Palm Springs, east of Crossley Road and south of 34-th Avenue. 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 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 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 on 34-th Avenue, Martha Street, Lawrence Street and Marguerite Street; and • All appurtenant facilities, equipment, materials and utilities related to the aforementioned improvements. City of Palm Springs, Lighting Maintenance District No. 3-Engineer's Report Page 2 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 3, Crossley Tract 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: City of Palm Springs, Lighting Maintenance District No. 3-Engineer's Report Page 3 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 3, Crossley Tract 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. Public Street Lighting Improvements The street lighting 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 residential 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 City of Palm Springs, Lighting Maintenance District No. 3-Engineer's Report Page 4 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 3, Crossley Tract individual property owners for the development of such properties, and the ongoing operation, servicing and maintenance of these improvements would be the financial obligation of those properties. Therefore, the improvements and the annual costs of maintenance and operation of the improvements are of direct and special benefit to the properties. The method of apportionment (method of assessment) is based on the premise that each assessed parcel within the District receives benefit from the improvements. The desirability and security of properties is enhanced by the presence of street lighting in close proximity to those properties. 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; • 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; and, 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 of the improvements by others is incidental and there is no measurable general benefit to properties outside the District or to the public at large. C. ASSESSMENT METHODOLOGY The method of apportionment for the District calculates the receipt of special benefit from the respective improvements based on the actual land use of the parcels within the District. The special benefit received by each lot or parcel is equated to the overall land use of the parcel based on the parcel's actual land use, and is reliant upon the special benefit received from the improvements within the District. To identify and determine the special benefit to be received by each parcel, it is necessary to consider the entire scope of the District improvements as well as individual property development within the District. The costs associated with the improvements shall be fairly distributed among the parcels based upon the special benefit received by each parcel. Proper maintenance and operation of the street lighting system benefits all properties by enhancing overall safety, mitigating crime, alleviating the fear of crime, and enhancing pedestrian safety. The street lighting located in 34-th 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 City of Palm Springs, Lighting Maintenance District No. 3-Engineer's Report Page 5 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No_ 3, Crossley Tract 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 RANGE 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 Range 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 balloting. 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: Includes maintenance labor, materials and equipment required to properly maintain the authorized improvements and services within the District. 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. City of Palm Springs, Lighting Maintenance District No. 3-Engineer's Report Page 6 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No, 3, Crossley Tract Miscellaneous: All cost estimates shall be founded 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, FISCAL YEAR 2004/05 LIGHTING DISTRICT NO. 3 (CROSSLEY TRACT)-Formed in 1983 A. Type of Maintenance (by Southern Calif. Edison Co.): Repair or replace any of the installed lighting facilities as necessary within this lighting district. Continue to provide power to all fixtures. (Maximum Assessment was$4,283 approved by City Council in FY 91/92) B Actual Costs vs. Assessments Summary: Account ADeficit@ on 6/30/02(from FY 2003/04 Engineer=s Report)= ($716) Assessment in 02/03= $2,484 Actual Costs in 02/03= 2 339 Account Deficit as of 6/30/03= ($571) Assessment in 03/04= $2,492 Projected Costs in 03/04= 2 456 Projected Account Deficit as of 6/30/04= ($535) C. Assessment: Estimated Costs for 2004/05 (Based on Projected Costs in 03/04) = $3,079 Plus Projected Account Deficit as of 6/30/04= 535 NET ASSESSMENT IN 2004/05= $3,614 D. Number of parcels in district = 75 E. Cost per parcel in 2004/05(3,614: 75)= $48.19 per parcel F. "Actual Costs"vs. "Assessments" History(Previous Closed Out 5 Years): Actual Costs 98/99= $2,107 99/00= $1,911 00/01= $2,321 01/02= $2,218 02/03= $2,339 Assessments $0 $0 $2,217 $1,985 $2,484 G. Budget(Expenditure Detail)-see Account No.001-4301-43620 This report has been prepared pursuant to the 'Landscaping & Lighting Act of 1972" (Division 15, Part 2 of the Streets and Highways Code and Article XIIID, Section 4 of the California Constitution(Proposition 218). 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 Lighting District No.3 Boundary is shown on the following page. City of Palm Springs, Lighting Maintenance District No. 3-Engineer's Report Page 7 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 3, Crossley Tract Resolution 15546 34 TH AVE. 77 u .• 40 39 I • • • # 76 75 +' i 0 42 37 6G •, • • 3 43 36 • • , • 73 0 44 35 •y: t + • • • d 4 72 0 0 45 34 0 3 Sit 71 0 .0 46 33 •o 6 w 47 32 a 2 7 H • • 1- 0 N 0 40 31 b h Y a 6e 0 0 49 30 { 67 b 50 29 10 W 66 0 W 0 51 26 H 0 • I I 1 W • • • Wj • _ 65 3 = 52 27 b (t b 12 • J • • • • 64 63 26 $ 13 43 0 54 25 0 0 14 62 0 0 55 24 13 • • • • o $ • tl 0 0 as 23 $ S 16 . 57 2t 17 w • b $ ri • b ae xl 3 a 1e POR. • • LOT P.V.C.L, y 50 20 19 „ T ET (Note: SLMD-3 max.assessment approved at$4,283.00 in 1991/92) U 1111M1MT MUMIERI ARE THE SANE( EXCEPT I. LOT 1 WHICH IS AS1111MEMT MO.ML PROPERTY OWNERS 111MIM\ PETITION 1"" THUS: • 75 PROPERTIES FORMED 1983 STREET LIGHTING MAINTENANCE DISTRICT NO. 3 City of Palm Springs, Lighting Maintenance District No. 3-Engineer's Report Page 8 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 9 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 3, Crossley Tract STREET LIGHTING MAINTENANCE DISTRICT NO.3="CROSSLEY TRACT" FISCAL YEAR 2004-05 FUND NO. 68-2612 ASSESSOR'S PARCEL NO. ASSESSMENT AMOUNT 681-281-003-9 $48.19 681-281-004-0 681-281-005-1 " 681-281-006-2 " 681-281-007-3 " 681-281-008-4 681-281-009-5 " 681-281-010-5 " 681-281-011-6 " 681-281-012-7 681-281-013-8 681-281-0 7 4-9 681-281-015-0 " 681-281-016-1 " 681-281-017-2 " 681-28 7-018-3 " 681-281-019-4 " 681-282-001-0 " 681-282-002-1 " 681-282-003-2 " 681-282-004-3 " 681-282-005-4 681-282-006-5 " 681-282-007-6 " 681-282-008-7 " 681-282-009-8 681-282-010-8 $48.19 City of Palm Springs, Lighting Maintenance District No. 3-Engineer's Report Page 10 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 3, Crossley Tract STREET LIGHTING MAINTENANCE DISTRICT NO.3-"CROSSLEY TRACT" FISCAL YEAR 2004-05 CONTINUED ASSESSOR'S PARCEL NO. ASSESSMENT AMOUNT 681-282-011-9 $48.19 681-282-012-0 681-282-013-1 681-282-014-2 681-282-015-3 " 681-282-016-4 681-282-017-5 681-282-019-7 " 68 1-282-022-9 681-282-023-0 681-282-024-1 681-282-025-2 681-282-026-3 " 681-282-027-4 " 681-282-028-5 681-282-029-6 681-282-030-6 " 681-282-031-7 " 681-282-032-8 681-282-033-9 681-282-034-0 681-282-035-1 " 681-282-036-2 " 681-282-037-3 681-282-038-4 " 681-282-039-5 681-282-040-5 681-282-042-7 $48.19 City of Palm Springs, Lighting Maintenance District No. 3-Engineer's Report Page 11 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 3, Crossley Tract STREET LIGHTING MAINTENANCE DISTRICT NO.3-"CROSSLEY TRACT" FISCAL YEAR 2004-05 (CONTINUED) ASSESSOR'S PARCEL NO. ASSESSMENT AMOUNT 681-282-043-8 $48.19 681-283-001-3 681-283-002-4 " 68 7-283-003-5 681-283-004-6 681-283-005-7 681-283-006-8 681-283-007-9 681-283-008-0 " 681-283-009-1 681-283-010-1 681-283-011-2 " 681-283-012-3 681-283-013-4 " 681-283-014-5 " 681-283-015-6 681-283-016-7 681-283-017-8 681-283-018-9 " 681-283-019-0 $48.19 TOTAL of 75 PARCELS(SLMD-3- Crossley Tract) Total=$3,614.25 City of Palm Springs, Lighting Maintenance District No. 3-Engineer's Report Page 12 CITY OF PALM SPRINGS ENGINEER'S REPORT PARKWAY MAINTENANCE DISTRICT NO. 6A FAIRPORT DEVELOPMENT FISCAL YEAR 2004/2005 OF pALA4 S V v+ m * NCO RpOR A-(Vo Public Hearing: July 21, 2004 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6A, Fairport Development Engineer's Report Affidavit Palm Springs Lighting Maintenance District No. 6A Fairport Development This Report describes the District including the improvements, budget, parcels and assessments to be levied for fiscal year 2004-2005, 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 day of 12004. By: David J. Barakian, P.E. 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. 6A, Fairport Development CITY OF PALM SPRINGS ENGINEER'S REPORT PARKWAY MAINTENANCE DISTRICT NO. 6A FAIRPORT DEVELOPMENT FY 2004-05 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 _day of , 2004. Patricia J. Sanders, 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_day of 12004. Patricia J. Sanders, City Clerk City of Palm Springs County of Riverside, California City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6A, Fairport Development TABLE OF CONTENTS EXECUTIVESUMMARY ............................................................................................................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. 2004/2005 District Budget...............................................................................7 APPENDIX A— District Diagrams................................................................................................7 APPENDIX B —Assessment Roll..............................................................................................11 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 2004-05, 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 2004-05. 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 addition to the Act, in accordance with Article XIII D, any new or increased assessments must be approved by Assessment Ballots mailed to the property owners of the parcels assessed no later than 45 days prior to the public hearing. Approval will be determined by weighing the ballots according to the proportional obligation of the affected property in the district. At the time of the public hearing, Assessment Ballots will be tallied and this information will be combined with the Engineer's Report for the District for approval prior to submitting assessments to the County Auditor/Controller. B. OVERVIEW The District described in this report contains parcels of land within the residential tract commonly referred to as Fairport Development (Chia Road, Tachevah Drive, Montalvo Way and Valdivia Way). 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 City of Palm Springs, Parkway Maintenance District No. 6A -Engineer's Report Page 1 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6A, Fairport Development 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 2004-05. 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. 6A, Fairport Development, is located within the boundaries of the City of Palm Springs, west of Gene Autry Trail, south of Chia Road and north of Tachevah Drive. The District includes 25 residential parcels. 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 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 improvements within the District. These improvements may include, but are not limited to, all materials, equipment, utilities, labor and appurtenant facilities related to those improvements. The proposed improvements installed as part of the development and to be maintained and funded entirely or partially through the District assessments generally include the following: • Maintenance of the landscaped parkway within the District. • 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 City of Palm Springs, Parkway Maintenance District No. 6A - Engineer's Report Page 2 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6A, Fairport Development 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; b) The costs of printing, advertising, and the publishing, posting and mailing of notices; c) Compensation payable to the County for collection of assessments; City of Palm Springs, Parkway Maintenance District No. 6A -Engineer's Report Page 3 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6A, Fairport Development 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. 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; City of Palm Springs, Parkway Maintenance District No. 6A -Engineer's Report Page 4 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6A, Fairport Development • 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 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 RANGE 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 Range 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 City of Palm Springs, Parkway Maintenance District No. 6A - Engineer's Report Page 5 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6A, Fairport Development 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 balloting. ❑ 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. B. DISTRICT BUDGET, FISCAL YEAR 2004/05 is shown on the following page. City of Palm Springs, Parkway Maintenance District No. 6A - Engineer's Report Page 6 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6A, Fairport Development B. DISTRICT BUDGET, FISCAL YEAR 2004/05 1. PARKWAY MAINTENANCE DISTRICT NO. 6-A "FAIRPORT DEVELOPMENT" (Chia. Tachevah, Montalvo&Valdivia Way) - Formed in 1980 A. Type of Maintenance: Plant, replace, trim, water and maintain decorative curb side planting; maintain and repair appurtenant fixtures necessary for their maintenance with and adjacent to the District boundary. City administrative costs are eligible incidental costs. B. Estimated Costs of Maintenance for FY 2004/2005 (Note: $5,154 Maximum Established in 93/94): (Contractor: $1,799, Water:$1,278, Incidentals: $500, Admin. $684)= $4,261 C. Actual Costs vs. "Assessments" History (Previous closed out 5 Years): ACTUALCOSTS 98/99=$5,147 99/00=$2,769 00/01=$5,305 01/02=$3,699 02/03=$3,471 ASSESSMENTS $4,509 $4,810 $4,012 $1,296 $4,181 D. Accounting: (Actual Costs vs. Assessments in 2002/03 and 2003/04): Account(Deficit) on 6/30/02 (carried forward from 2003/04 Engineer's Report)= ($841) Assessment in02/03= $4,181 Actual Costs in 02/03= 3 471 Account Deficit as of 6/30/03= ($131) Assessment in 03/04= $4,560 Projected Costs in 03/04= 3 645 Projected Account Surplus as of 6/30/04= $784 E. Amount to Assessment in 2004/2005: Estimated Cost of Maintenance (see "B" above) _ $4,261 (Subtract Projected Account Surplus as of 6130/04)= 784 Net Assessment in 2004/05= $3,477 F. Number of Parcels in District=25 G. Cost per parcel in 2004/05= 6 Lots @ $224.33 and 19 Lots @ $112.16 each H. Account detail - refer to the following City Account for District 6A (Fairport Dev.) Aect. 001-2451-43530 This report has been prepared pursuant to the "Landscaping and Lighting Act of 1972", (Division 15, Part 2 of the Streets &Highways Code) and Article XIHD, Section 4 of the California Constitution(Proposition 218). ❑ 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 7 VISA CHINO ,I •� CAAA'NNA WAY A/4MIALVO _ _ ACO i✓Ar A ` 25 PROPERTIES FORMED 1980 -YACA'AY N Lk. 1P RAMON ROAD [ --ILL. 1J. b = C l� sw T: xazc 03 x. — +a.MES`QU�E AVE W Avs.EvearA - (� _AnRera pisrA ufVA.y/!rA J 93 PROPERTIES FORMED 1 80 30 PROPERTIES FORMED 1980'' - o ( Landscaping and Lighting Act of 1972 PARKWAYS MAINTENANCE DISTRICT NO.6 A,B,& C CITY OF PALM SPRINGS,COUNTY OF RIVERSIDE,STATE OF CALIFORNIA prae 8 PORI 7 i.4S. ,R.5E 677-46 CITY OF PALM SPRINGS 24 EHM-- - - - - WAB - - - L- - I L12.A GLEO 299 AC MIL 9 <,z� Sava zvm rm 35ne FVI2lAft1 3 72 507es g 106AC MJL PAR 1 n Tsapm � � 21l AC MIL 215ACNT i 5 Q y 13 G O I1.09 AC MIL bl 30 1.07AG MIL ,.09AC MIL I IC b .t I o 2.1 A 13IK 45 I 1 m (D Ri rerside Csunly, Cnlif 677—45 rNis MAP /S FOR POR N.W//4 SEC 7 T.4 S. R. 5 E. L ASSESSMENT P4RPOSES ONLY e 329./s L33.9e' 233.So' /00 I ry o 8 c 0 p0 /O p0 /5 ° I v Z30.L3' � 33.pe" 233.90' L33 9 � _ 23i N 8 2/SAcr "� • ° 1 O p ® n N 3d 3e e i I2I 0 /ISli1 O%SO �or i m 26 RIVERSIDE COUNTY, CALIF. CD Q) O 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 11 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6A, Fairport Development PARKWAY MAINTENANCE DISTRICT NO.6A- "FAIRPORT DEVELOPMENT" FISCAL YEAR 2004-05 FUND NO. 68-2619 ASSESSOR'S PARCEL NO. ASSESSMENT AMOUNT 677-451-002-2 $112.16 677-451-003-3 $112.16 677-451-004 $112.16 677-452-001-4 $112.16 677-452-002-5 $112.16 677-452-005-8 $112.16 677-452-006-9 $112.16 677-452-007-0 $224.33 677-453-003-9 $112.16 677-453-004-0 $112.16 677-453-007-3 $224.33 677-453-008-4 $224.33 677-461-001-2 $112.16 677-461-002-3 $112.16 677-461-003-4 $112.16 677-461-004-5 $112.16 677-461-005-6 $112.16 677-461-006-7 $112.16 677-461-009-0 $112.16 677-461-011-1 $112.16 677-461-013 $224.33 677-461-014-4 $224.33 677-462-001-5 $112.16 677-462-002-6 $112.16 677-462-005-9 $224.33 TOTAL of 25 PARCELS TOTAL= $3,477.02 in FY. 2004-05 City of Palm Springs, Parkway Maintenance District No. 6A- Engineer's Report Page 12 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 7, Sunrise Norte CITY OF PALM SPRINGS ENGINEER'S REPORT PARKWAY MAINTENANCE DISTRICT NO. 7 SUNRISE NORTE FISCAL YEAR 2004/2005 O� ?ALAI S V cn m * yCORPORA-(VD cq1 � Fo R�`P Public Hearing: July 21, 2004 f : City of Palm Springs—Engineer's Report Parkway Maintenance District No. 7, Sunrise Norte Engineer's Report Affidavit Palm Springs Lighting Maintenance District No. 7, "SUNRISE NORTE" This Report describes the District including the improvements, budget, parcels and assessments to be levied for fiscal year 2004-2005, 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 day of 12004. By: David J. Barakian, P.E. 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. 7, Sunrise Norte CITY OF PALM SPRINGS ENGINEER'S REPORT PARKWAY MAINTENANCE DISTRICT NO. 7 SUNRISE NORTE FY 2004-05 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, PE Director of Public Works/City Engineer 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 _day of , 2004. Patricia Sanders, 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_day of 12004. Patricia Sanders, City Clerk City of Palm Springs County of Riverside, California City of Palm Springs—Engineer's Report Parkway Maintenance District No. 7, Sunrise Norte TABLE OF CONTENTS EXECUTIVESUMMARY............................................................................................................ 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..........................................................................6 DISTRICTBUDGET...................................................................................................................6 A. Description of Budget Items ........................................................................... 6 B. 2004/2005 District Budget.............................................................................. 6 APPENDIX A— District Diagrams...............................................................................................8 APPENDIX B —Assessment Roll.............................................................................................. 10 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 7, Sunrise Norte ❑ 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.7 (hereinafter referred to as the "District"), for fiscal year 2004-05, 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 7 for fiscal year 2004-05. 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 addition to the Act, in accordance with Article XIII D, any new or increased assessments must be approved by Assessment Ballots mailed to the property owners of the parcels assessed no later than 45 days prior to the public hearing. Approval will be determined by weighing the ballots according to the proportional obligation of the affected property in the district. At the time of the public hearing, Assessment Ballots will be tallied and this information will be combined with the Engineer's Report for the District for approval prior to submitting assessments to the County Auditor/Controller. B. OVERVIEW The District described in this report contains parcels of land within the residential tract commonly referred to as Sunrise Norte (at San Rafael Drive west of Sunrise Way). 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"). City of Palm Springs, Parkway Maintenance District No. 7—Engineer's Report Page I City of Palm Springs—Engineer's Report Parkway Maintenance District No. 7, Sunrise Norte 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 2004-05. 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.7, Sunrise Norte, is located within the boundaries of the City of Palm Springs, north of San Rafael Drive west of Sunrise Way. The District includes 53 residential parcels. The purpose of the District is to ensure the ongoing maintenance and servicing of local street landscaping and lighting 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 and lighting improvements within the District. These improvements may include, but are not limited to, all materials, equipment, utilities, labor and appurtenant facilities related to those improvements. The proposed improvements installed as part of the development and to be maintained and funded entirely or partially through the District assessments generally include the following: • Maintenance of the landscaped parkway within the District. • Maintenance of the street lighting facilities within the District. • 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, Parkway Maintenance District No. 7—Engineer's Report Page 2 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 7, Sunrise Norte 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; e) Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; and, City of Palm Springs, Parkway Maintenance District No. 7—Engineer's Report Page 3 City of Palm Springs-Engineer's Report Parkway Maintenance District No. 7, Sunrise Norte 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: Public Street Lighting Improvements The street lighting improvements may include, but are not limited to, electrical energy, lighting fixtures, poles, meters, conduits, electrical cable and associated appurtenant facilities associated with street lighting within the residential District No.7. ❑ 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 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; City of Palm Springs, Parkway Maintenance District No. 7-Engineer's Report Page 4 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 7, Sunrise Norte • 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 nighttime safety on roads and streets; • 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 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 RANGE 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 Range 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. City of Palm Springs, Parkway Maintenance District No. 7—Engineer's Report Page 5 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 7, Sunrise Norte 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 balloting. ❑ 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 and for street lights. The cost of energy is based on current Edison rates. Street light maintenance: Includes maintenance labor, materials and equipment required to properly maintain the authorized improvements and services within the District. 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. B. DISTRICT BUDGET, FISCAL YEAR 2004/05 is shown on the following page. City of Palm Springs, Parkway Maintenance District No. 7—Engineer's Report Page 6 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 7, Sunrise Norte B. DISTRICT BUDGET PARKWAY MAINTENANCE DISTRICT NO. 7 (SUNRISE NORTE) -Formed in 1990 A. PARKWAY MAINTENANCE ESTIMATED ANNUAL COSTS 1. San Rafael Dr. and Sunrise Way (Maintenance Cost by PAC West Land Care, Inc.) $12,085 2, a. Sprinkler Controllers (S.C.E. Estimated Costs) $346 b. Desert Water Agency Water Costs (Estimated) km SUBTOTAL 1 &2 (Parkway Maint.) $19,429 3. a. Maintenance, Parts and Repairs (Estimated 5%) $1,000 b.. City Administration Costs (Est.) 719 TOTAL COSTS OF PARKWAY MAINTENANCE PORTION $21,148 (Note: Highest Maximum of$23,747 approved in FY 92/93) B. STREET SAFETY LIGHTING 6 Each- intersection street safety lights maintained by Southern California Edison Company-(Interior of Tract) 656 TOTAL(A+B)= $21,813 C. "Actual Costs" vs. "Assessments" History (Previous closed out 5 Years): ACTUALCOSTS: 98/99=$20,034 99/00=$16,463 00/01=$20,141 01/02=$21,934 02/03=$19,277 ASSESSMENTS: $ 5,429 $23,747 $23,747 $18,084 $23,747 D. ACCOUNTING (Actual Costs vs. Assessments in 2002/03 and 2003/04): Account (Deficit) on 6/30/01 (carried forward from 2003/04Engineer's Report)= ($5,405) Assessment in 02/03= $23,747 Actual Costs in 02/03= 19 277 Account(Deficit) as of 6/30/03= ($935) Assessment in 03/04= $23,747 Projected Costs in 03/04= 23 664 Projected Account Deficit as of 6/30/04= ($852) E. ASSESSMENT FOR 2004/05: (Estimate from A &B above)= $21,813 (Plus Projected Account Deficit as of 6/30/04)= 852 NET ASSESSMENT in 03/04 = $22,665 F. NUMBER OF PARCELS IN DISTRICT= 53 G. ANNUAL MAINTENANCE COST PER PARCEL in 2004/05 = 427.64 Each H. See Account No. 001-2451-43560 for budget expenditure detail This report has been prepared pursuant to the "Landscaping and Lighting Act of 1972." (Division 15, Part 2 of the Streets &Highways Code) and Article XIIID, Part 4 of the California Constitution (Proposition 218) City of Palm Springs, Parkway Maintenance District No. 7—Engineer's Report Page 7 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 7, Sunrise Norte ❑ APPENDIX A - DISTRICT DIAGRAM The parcels within the Palm Springs Parkway Maintenance District No. 7, are shown on the current Riverside County Assessor's Parcel Map Book 009 Page 60. The County Assessor's Parcel Map along with the Assessment Roll constitutes the District Assessment Diagram. A copy of the Parkway Maintenance District No.7 boundary is shown on the following page. City of Palm Springs, Parkway Maintenance District No. 7—Engineer's Report Page 8 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 7, Sunrise Norte PARKWAYS MAINTENENCE DISTRICT 'QA)AGNt� to SA L I 'I • tJ. I � a. eJ ea //. w f •'v Jr® � FqqJ 1`9�. rf G. ffppR\\L F FY. �� I R/. rMLN! N GNI r s ACM/.Q t;fACX/.N .y' g•� Oa O IOAO.AY. �, er er.o Nr.vo a .aa n \ ACXi. A. ®7r yi Y•1 of© ®.ro4s,l�r h �:bIAQ 2/ Y. ID.of.w.�,�" AY, 'AC.Nl.. [pJO® , Ip// w I .n R A!. rW .%AGX/.^ iY• AC AT � ^ �'•AE.N/. AC.A'%� 1yQ ACFYO W ®I.L ti V ;M fl VL ;®}l H II . 'L LLf C'1 5 L. Y J°Auw,•N.• At.°Ni O1 � a Ak°.,i/�9 /�� °FN�, ,h �c�°vi/5J JOACNtw_ to [ iU . U°/!® � 2 M! A1L� V V A // 0) \ J ��' CJ OAI,L�.1 A Jff J a oe An. a e .0. ° // y TJ«AGNL/J. /A..AfAGr ../'AG.Nf. \®!! lo® •®rim „u /oAGAY.4 �"iv tyl r_ 11'•f4 �'�•� JJ. r w.o r f0{AO �•— !N•/ for r.Jo AG J/...r a '! ./ FUTUR 9 Fs+lL4 �r re �i so w.ro w.ra ..a w'w.so ww.ra war. s s/ 4 /I I Iffr /!F/ /f/ /Fr/ /ST/ /JN/ /f5/ 14 !r I! !� !O l/ lr !S J! / k. \.IOoAG ./ AG -n) ,ft A0. OIAG. II AG. X)AG pAn WATER WELLSI Y hY. 0 NL �I. Nt N/. AY. .N/. N/, a NL rl N. RET N TION I �_ Lor 7777/477 v 1 •r Tt'A—vA{1/ RAFAEL- N.d•r4a'AJW. _ 7P/.00 9" v G9T' .A, x BOUNDARY OF DISTRICT y_ SHOWN THUS1 III• �3—b N r AREA TO BE MAINTAINED cu .,'� •Ah. SHOWN THUSL ® _ n.m!+ ImrN ewur rnrr "Landscaping and Lighting Act of 192 ^ VICINITY MAP 7 CITY OF PALM SPRINGS PARKWAYS REAL PROPERTY DIVI MN MAINTENENCE DISTRICT NOJ APPRwEO 63 PROPERTIES FORMED logo ElUNE c.eLEvws REA PRorE OESIDN BYI SCALE. FILE NM TRACT NO.17842-2 MAP BOOK 124/27-28 JD I"z100' R-89- CHECKED BY/ DWO. NO.: SHEET NO. SOON T. .$. B, .E. S.BaBM, E0/BM 1 I OF I City of Palm Springs, Parkway Maintenance District No. 7—Engineer's Report Page 9 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 7, Sunrise Norte 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. 7—Engineer's Report Page 90 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 7, Sunrise Norte PARKWAY MAINTENANCE DISTRICT NO.7 - "SUNRISE NORTE" (San Rafael Dr.) FISCAL YEAR 2004-05 FUND NO. 68-2623 ASSESSOR'S ASSESSMENT ASSESSOR'S ASSESSMENT PARCEL NUMBER PARCEL NUMBER 009-608-309-1 $427.64 009-608-330-9 $427.64 009-608-310-1 " 009-608-331-0 009-608-311-2 " 009-608-332-1 009-608-312-3 " 009-608-333-2 " 009-608-313-4 009-608-334-3 009-608-314-5 009-608-335-4 IF 009-608-315-6 009-608-336-5 " 009-608-316-7 " 009-608-337-6 " 009-608-317-8 " 009-608-338-7 009-608-318-9 " 009-608-339-8 " 009-608-319-0 009-608-340-8 " 009-608-320-0 009-608-341-9 009-608-321-1 " 009-608-342-0 IF 009-608-322-2 " 009-608-343-1 " 009-608-323-3 009-608-344-2 009-608-324-4 009-608-345-3 009-608-325-5 " 009-608-346-4 " 009-608-326-6 " 009-608-347-5 " 009-608-327-7 009-608-348-6 " 009-608-328-8 " 009-608-349-7 009-608-329-9 $427.64 009-608-350-7 $427.64 City of Palm Springs, Parkway Maintenance District No. 7—Engineer's Report Page 91 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 7, Sunrise Norte PARKWAY MAINTENANCE DISTRICT NO.7- "SUNRISE NORTE" (San Rafael Dr.) FISCAL YEAR 2004-05 (CONTINUED) ASSESSOR'S ASSESSMENT ASSESSOR'S ASSESSMENT PARCEL NUMBER PARCEL NUMBER 009-608-351-8 $427.64 009-608-357-4 $427.64 009-608-352-9 " 009-608-358-5 " 009-608-353-0 009-608-359-6 009-608-354-1 009-608-360-6 009-608-355-2 009-608-361-7 $427.64 009-608-356-3 $427.64 TOTAL OF 53 PARKWAY MAINT. SUNRISE NORTE TOTAL = $22,664.92 PARCELS DIST. NO. 7 FY. 2004-05 City of Palm Springs, Parkway Maintenance District No. 7—Engineer's Report Page 12 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 VSTA FISCAL YEAR 2004/2005 OF PALM S U Ln m 'k ryC0 ,q9 >f RPORA(VD 1 FO RN�P Public Hearing: July 21, 2004 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 9, Flora Vista Engineer's Report Affidavit Palm Springs Lighting Maintenance District No. 9, "Flora Vista" This Report describes the District including the improvements, budget, parcels and assessments to be levied for fiscal year 2004-2005, 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 day of 2004. By: David J. Barakian, P.E. 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. 9, Flora Vista CITY OF PALM SPRINGS ENGINEER'S REPORT PARKWAY MAINTENANCE DISTRICT NO. 9 FLORA VSTA FY 2004-05 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, PE Director of Public Works/City Engineer 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 _day of , 2004. Patricia Sanders, 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_day of 2004. Patricia Sanders, City Clerk City of Palm Springs County of Riverside, California 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 DISTRICTBUDGET...................................................................................................................6 A. Description of Budget Items ...........................................................................6 B. 2004/2005 District Budget..............................................................................6 APPENDIX A— District Diagrams...............................................................................................7 APPENDIX B —Assessment Roll................................................................................................ 9 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 (hereinafter referred to as the "District"), for fiscal year 2004-05, 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 No.9 for fiscal year 2004-05. 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 addition to the Act, in accordance with Article XIII D, any new or increased assessments must be approved by Assessment Ballots mailed to the property owners of the parcels assessed no later than 45 days prior to the public hearing. Approval will be determined by weighing the ballots according to the proportional obligation of the affected property in the district. At the time of the public hearing, Assessment Ballots will be tallied and this information will be combined with the Engineer's Report for the District for approval prior to submitting assessments to the County Auditor/Controller. B. OVERVIEW The District described in this report contains parcels of land within the residential tract commonly referred to as Flora Vista. 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 City of Palm Springs, Parkway Maintenance District No. 9—Engineer's Report Page 1 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 9, Flora Vista 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 2004-05. 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. 9, Flora Vista, is located within the boundaries of the City of Palm Springs, west of Sunrise Way, between Via Escuela and Racquet Club Drive. The District includes 77 residential parcels. 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 improvements within the District. These improvements may include, but are not limited to, all materials, equipment, utilities, labor and appurtenant facilities related to those improvements. The proposed improvements installed as part of the development and to be maintained and funded entirely or partially through the District assessments generally include the following: • Maintenance of the landscaped parkway within the District. • 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, Parkway Maintenance District No. 9—Engineer's Report Page 2 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 9, Flora Vista 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, Parkway Maintenance District No. 9—Engineer's Report Page 3 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 9, Flora Vista 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. 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; City of Palm Springs, Parkway Maintenance District No. 9—Engineer's Report Page 4 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 9, Flora Vista • 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 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 RANGE 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 Range 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. City of Palm Springs, Parkway Maintenance District No. 9—Engineer's Report Page 5 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 9, Flora Vista 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 balloting. ❑ 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. B. DISTRICT BUDGET, FISCAL YEAR 2004/05 is shown on the following page. City of Palm Springs, Parkway Maintenance District No. 9—Engineer's Report Page 6 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 9, Flora Vista DISTRICT BUDGET 2004-2005 PARI{WAY MAINTENANCE DISTRICT NO. 9"FLORA VISTA" - Formed in 1997 A. PARKWAY MAINTENANCE ANNUAL COSTS 1. Sunrise Way -West Side (Via Escuela-Racquet Club) (Maintenance Cost by PAC West Landcare, Inc.) $15,090 2. a. Sprinkler Controllers (SCE Estimated Costs) $0 b. Desert Water Agency (Estimated Water Costs) $1.440 SUBTOTAL 1 &2 $16,530 3. a. Maintenance, Parts and Repairs $500 b. City Administration Costs (Estimated) 684 TOTAL ESTIMATED COST $17,714 B. "ACTUAL COSTS" vs. "ASSESSMENTS" HISTORY (Previous closed out years): 1. Actual Costs: 98/99= $141 99/00= $461 00/01= $1,129 01/02= $775 02/03= $1,926 2. Assessments: $5,000 $0 $0 $0 $0 C. ACCOUNTING (Actual Costs vs. Assessments in 2002/03 and 2003/04): Surplus on 6/30/02 (carried forward from 2003/04 Engineer's Report= $18,663 Assessment in 02/03= 0 Actual Costs in 02/03= 1 926 Surplus as of 6/30/03= $16,736 Assessment in 03/04= $0 Projected Costs in 03/04= (2,022) Projected Account Surplus as of 6/30/04= $14,714 D. ASSESSMENT IN 2004/05 Estimated Cost (See "A" above)= $17,714 Less Projected Account Surplus as of 6/30/04= $14,714 NET ASSESSMENT IN 2004/05 = $3,000 E. NUMBER OF PARCELS IN DISTRICT-77 (Maximum Assessment= $17,409 in FY 97/98) F. ANNUAL COSTS PER PARCEL: Lots 1 through 77 - Tract No. 26364-1 (Each)= $38.96 G. See Account No. 001-2451-43580 for budget expenditure detail This report has been prepared pursuant to the "Landscaping and Lighting Act of 1972" (DIVISION 15, PART 2 of the Streets &Highways Code) and Article XIIID, Part 4 of the California Constitution(Proposition 218). ❑ APPENDIX A - DISTRICT DIAGRAM The parcels within the Palm Springs Parkway Maintenance District No.9, 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 boundary is shown on the following page. City of Palm Springs, Parkway Maintenance District No. 9—Engineer's Report Page 7 ASSESSMENT DIAGRAM / BOUNDARY MAP elm nVCT N MS. .�/�J. I iAl�srp nSOPa u�,-- Racquet•. Club Drive — Amelia Wa — qj ^-Sabita Way . 4t l- o � r•- , ` " pl rena Wa a].I Olga Way— , a) 4 4r-' • I 1 C ns it Via Escuela MAA.TES H City of Patin Springs ' PARKWAYS MAINTENANCE DISTRICT NO. 9 TRACT NO. 26364 25 FOOT WIDE LANDSCAPED SUPPER STR[P(to be malnlalned)- EM City of Palm Springs, Parkway Maintenance District No. 9—Engineer's Report Page 8 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 9 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 9, Flora Vista ASSESSMENT ROLL PARKWAY MAINTENANCE DISTRICT NO. 9- "Flora Vista Tract" Sunrise Way (Via Escuela to Racquet Club Dr.) FISCAL YEAR 2004-05 FUND NO. 68-2630 ASSESSOR'S PARCEL 77 ASSESSMENT AMOUNT 501-181-001 $38.96 501-181-002 " 501-181-003 501-181-004 501-181-005 501-181-006 501-181-007 501-181-010 501-181-011 501-181-012 501-181-013 " 501-181-014 501-181-015 " 501-181-025 501-181-026 " 501-181-027 " 501-181-028 " 501-181-029 501-181-030 501-181-049 501-181-050 501-181-051 501-181-052 501-181-053 501-181-054 $38.96 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 PARKWAY MAINTENANCE DISTRICT NO. 9- "Flora Vista Tract" Continued ASSESSOR'S PARCEL NO. ASSESSMENT AMOUNT 501-181-055 $38.96 501-181-056 " 501-181-057 501-181-058 " 501-181-059 501-181-060 501-181-061 " 501-181-062 501-181-063 " 501-181-064 " 501-181-065 " 501-181-066 " 501-181-067 " 501-181-068 " 501-181-069 " 501-181-070 " 501-181-073 501-181-074 " 501-182-006 " 501-182-007 501-182-008 " 501-182-009 501-182-010 " 501-182-011 501-182-012 501-182-013 $38.96 City of Palm Springs, Parkway Maintenance District No. 9—Engineer's Report Page 11 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 9, Flora Vista PARKWAY MAINTENANCE DISTRICT NO. 9- "Flora Vista Tract" Continued ASSESSOR'S PARCEL NO. ASSESSMENT AMOUNT 501-182-014 $38.96 501-182-015 501-182-016 501-182-017 501-182-018 501-182-019 " 501-182-020 501-182-021 " 501-182-022 " 501-182-023 " 501-182-024 501-182-025 " 501-182-026 " 501-182-027 501-182-028 " 501-182-029 " 501-182-030 " 501-182-031 501-182-032 " 501-182-033 501-182-034 501-182-035 " 501-182-036 " 501-182-037 " 501-182-038 501-182-039 $38.96 TOTAL of 77 PARCELS TOTAL = $2,999.92 City of Palm Springs, Parkway Maintenance District No. 9—Engineers Report Page 12 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 10, Mountain Gate CITY OF PALM SPRINGS ENGINEER'S REPORT PARKWAY MAINTENANCE DISTRICT NO. 10 MOUNTAIN GATE FISCAL YEAR 2004/2005 OF PALM S u �m * yCORAORASEd c'IC /FpRXA\1- Public Hearing: July 21, 2004 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 10, Mountain Gate Engineer's Report Affidavit Palm Springs Lighting Maintenance District No. 10, "Mountain Gate" This Report describes the District including the improvements, budget, parcels and assessments to be levied for fiscal year 2004-2005, 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 day of 2004. By: David J. Barakian, P.E. 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, Mountain Gate CITY OF PALM SPRINGS ENGINEER'S REPORT PARKWAY MAINTENANCE DISTRICT NO. 10 MOUNTAIN GATE FY 2004-05 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, PE Director of Public Works/City Engineer 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 _day of 2004. Patricia Sanders, 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_day of 2004. Patricia Sanders, City Clerk City of Palm Springs County of Riverside, California City of Palm Springs—Engineer's Report Parkway Maintenance District No. 10, Mountain Gate TABLE OF CONTENTS EXECUTIVESUMMARY............................................................................................................ 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. 2004/2005 District Budget..............................................................................6 APPENDIX A— District Diagrams............................................................................................... 8 APPENDIX B —Assessment Roll.............................................................................................. 10 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 10, 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 (hereinafter referred to as the "District"), for fiscal year 2004-05, 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 No.10 for fiscal year 2004-05. 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 addition to the Act, in accordance with Article XIII D, any new or increased assessments must be approved by Assessment Ballots mailed to the property owners of the parcels assessed no later than 45 days prior to the public hearing. Approval will be determined by weighing the ballots according to the proportional obligation of the affected property in the district. At the time of the public hearing, Assessment Ballots will be tallied and this information will be combined with the Engineer's Report for the District for approval prior to submitting assessments to the County Auditor/Controller. B. OVERVIEW The District described in this report contains parcels of land within the residential tract commonly referred to as Mountain Gate. 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 City of Palm Springs, Parkway Maintenance District No. 10—Engineer's Report Page 1 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 10, Mountain Gate 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 2004-05. 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. 10, Mountain Gate, is located within the boundaries of the City of Palm Springs, east of Palm Canyon Drive (Highway 111), north of Gateway Drive and Las Vegas Road. The District includes 308 single-family residential parcels. 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 improvements within the District. These improvements may include, but are not limited to, all materials, equipment, utilities, labor and appurtenant facilities related to those improvements. The proposed improvements installed as part of the development and to be maintained and funded entirely or partially through the District assessments generally include the following: • Maintenance of the landscaped parkway within the District. • 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, Parkway Maintenance District No. 10—Engineer's Report Page 2 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 10, Mountain Gate 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, Parkway Maintenance District No. 10—Engineer's Report Page 3 City of Palm Springs-Engineer's Report Parkway Maintenance District No. 10, Mountain Gate 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. 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; City of Palm Springs, Parkway Maintenance District No. 10-Engineer's Report Page 4 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 10, Mountain Gate • 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. The parcels which are located adjacent to the landscaped areas (32 parcels) are assessed 10% more then the other parcels. D. ASSESSMENT RANGE 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 Range 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. City of Palm Springs, Parkway Maintenance District No. 10—Engineer's Report Page 5 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 10, Mountain Gate 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 balloting. ❑ 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. B. DISTRICT BUDGET, FISCAL YEAR 2004/05 is shown on the following page. ' City of Palm Springs, Parkway Maintenance District No. 10—Engineer's Report Page 6 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 10, Mountain Gate DISTRICT BUDGET 2004-2005 PARKWAY MAINTENANCE DISTRICT NO. 10 (MOUNTAIN GATE) - Formed in 2003 A. PARKWAY MAINTENANCE ANNUAL COSTS 1. Highway I I I and Gateway Drive and certain public areas of Tract 30963 (Maintenance cost estimate by Pac West Landscape Inc.): $42,234 2. a. Electrical for Sprinkler Controllers and ground lighting (RGA Landscape Architects' estimated costs) $4,500 b. Desert Water Agency - water costs for irrigation(estimated) $36,500 SUBTOTAL 1 &2 (Parkway Maintenance) $83,234 3. a. Maintenance, parts and repairs (estimated 5%) $4,162 b. City Administration Costs (estimated 10%) $8,232 TOTAL ESTIMATED COSTS OF PARKWAY MAINTENANCE $95,719 B. "Actual Costs" vs. "Assessments" History ACTUAL COSTS: 2002/2003 $0 ASSESSMENTS $0 C. ACCOUNTING(Actual Costs vs. Assessments in 2002/03 and 2003/04): Deficit/Surplus on 6/30/02 = $0 Assessment in 02/03= $0 Actual Costs iu 02/03= $0 Account (Deficit) as of 6/30/03= $0 Assessment in 03/04= $0 Projected Costs in 03/04= $0 Projected Account (Deficit) as of 6/30/04= $0 D. ASSESSMENT FOR 2004/05: (Estimate from A above)= $95,719 (Plus Projected Account Deficit as of 6/30/04)= $0 NET ASSESSMENT in 2004/05 = $95,719 E. NUMBER OF LOTS IN DISTRICT: Tract Map 30963-1, M.B. 337, Pages 85-90: 7 Tract Map 30963-2, M.B. 337, Pages 91-98: 194 Tract Map 30963, M.B. 346, Pages 13-18: 107 Total = 308 F. ANNUAL MAINTENANCE COSTS in 2004/2005: a. Lots 1 to 7 (Tract 30963-1), Lots 1-14, 16-25, 28-42, 45-65, 68-88, 108-193 (Tract 30963-2) and Lots 2-103 (Tract 30963) - for 276 lots = $307.58 each b. Lots 15, 26, 27, 43, 44, 66, 67, 89-107 and 194 (Tract Map 30963-2) and Lots 1, 104-107(Tract 30963) -for 32 lots(10% added) = $338.34 each G. See Accomrt No. 001-2451-43590 for budget expenditure detail This report has been prepared pursuant to the "Landscaping and Lighting Act of 1972." (Division 15, Part 2 of the Streets &Highways Code) and Article XIIID, Part 4 of the California Constitution(Proposition 218) City of Palm Springs, Parkway Maintenance District No. 10—Engineer's Report Page 7 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 10, Mountain Gate ❑ APPENDIX A - DISTRICT DIAGRAM The parcels within the Palm Springs Parkway Maintenance District No.10, 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—Engineer's Report Page 8 P ME WIND 90H IXDT E9 24'BOX PH s TO 9E 10,W. I...,. . I.. _ _ LOn 1 1 2 I 3 4 5 6 J a 1 ! 9_1 1012 1 13 15.. j 1.6.1t .1.] 18119 20j 211 •221'12.3:24!2 5 j26,2 Jj26129 -30.!31!;-3 2 1 33.1.9-3,194. - --. l� ' 1asa} a t ao i J9 : n \ Js ] ` 1 J3 i i ]t JO `\�I 39 38'` 87 I a8 1 90 9J 92 \\ 62 •5 j 66 ] j 68 r I 4tl 4142 43 44 45 --29_ 24 Jr' Jfi 69 1 3i3fi 35734 _-__ �/ I lay I �_--r-.�-_��_ -23 Ir 3 9} 94 - - - - - - r- - 31 104 103 I 99 1 '9a j n j 96 j 95 1 r 61 60 S9 55 ' 1 22 ! 5J I 56 55 j Sa 'r i 53 152 51 50149 I4H i 4]i 46 189j i BHi i 32 -'--- 10J : 33 11�lpU J SO9E 106 ; i i 108 1 109 1110 j 111 j 112 j 113 j 114 ! 115 j its I 1149 1150 1 151 j 152 j t53 j 154 j•155 ,56 i --4-- 20 yr -- 9-- 1 _ _ --___ -_ -�—. PfLMe - IDS _ _ __ _ _ _—___—_--_ ____•____1-_ / / !15J 115Bj159!160j16111621163ji6 165118Ji ii 35 ..19._ � ..-._ 104 r1 `12s 129 123 ,22 j 121 1201 119t16 -. _._.-.__- Imo- 1 9 _ ae lo• i11_ 1 __ �___ I m 1 "1aa 11aJ 1a3' I'!"- 4 • - --I 11aa- 11� `i 126 127 128 B 130 ~J1 : : 1 \ , �.�- -�r ! 11J411J3j1J2i •� 185 r i 39 I ---__ t/��I^/f1 I - t8 I �i 10 t03 I• .__-__.-_ _. y_ l35 \ 31 6 3] 138 '39 140 i 1 _1_1._t�1]04169'1fi8�'16166 —_j 17 p m _03 I 1 u4 1 11 102 r �____ ____ _ _ _ _ _ _ \ �\ Ins 117s I1771178 n911s0 11 51 11 9 2118 31I 1B4 101 n too � �i --may.—.___ __'__'___ _ —• _'—'i� is 1� I-ls ' p !-___ j r ]5 74 I �:' 61 50 1 fiI 59 50 1 57 56 _ _ •__- - / _ 1 - v I 62 J9 I 1 1 55 54 153162 51149 50 ' 471 ! ]e - _ n 1 / 62 - I I4B1 4s 5 r -; J� - -----�---- L - - J 97 I ___ 69 64 _ _ - Las Vegas Rd. --- ----------�.---- m \ - ---- — ---------- } co- 65 94 p 111MO1i 4 w\� \ 95% \\\`\ r,J ` --- S TL Q 93 n CgA;Yo�\\ 9t 90 WIN c FPo D O� FEES FNRm FE9IDE3TML LOT M 1919. U 3 FiANJB"o XEflI-6UBBL@i3 PEfl TREE yhj C9P Public Area Landscapeco 77 PARKWAYS MAINTENANCE DISTRICT NO. 10 VICINITY MAP T &TS "MOUNTAIN GATE" TRACT 30963 a e City of Palm Springs—Engineer's Report Parkway Maintenance District No. 10, 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—Engineer's Report Page 10 City of Palm Springs-Engineer's Report Parkway Maintenance District No. 10, Mountain Gate RIVERSIDE COUNTY ASSESSMENT ROLL PARKWAYS MAINTENANCE DISTRICT NO.10 - Mountain Gate (Highway 1 1 1 & Gateway Drive) FISCAL YEAR 2004-05 Tract Map No. 30963-1 M.B. 337, Pages 85-90 LOT NUMBER ASSESSMENT IFLOT NUMBER ASSESSMENT Lott. 669-530-001 $307.58 Lot5. 669-530-005 $307.58 Lot 2. 669-530-002 $307.58 Lot 6. 669-530-006 $307.58 Lot 3. 669-530-003 $307.58 Lot 7. 669-530-007 $307.58 Lot 4. 669-530-004 $307.58 TOTAL OF 7 LOTS: $2,153.06 Tract Map No. 30963-2 M.B. 337, Pages 91-98 LOT NUMBER ASSESSMENT IFLOT NUMBER ASSESSMENT Lott. 669-560-001 $307.58 Lot17. 669-560-017 $307.58 Lot2. 669-560-002 $307.58 Lot18. 669-560-018 $307.58 Lot3. 669-560-003 $307.58 Lot19. 669-560-019 $307.58 Lot4. 669-560-004 $307.58 Lot20. 669-560-020 $307.58 Lot 5. 669-560-005 $307.58 Lot 21. 669-560-021 $307.58 Lot6. 669-560-006 $307.58 Lot22. 669-560-022 $307.58 Lot 7. 669-560-007 $307.58 Lot 23. 669-560-023 $307.58 Lot8. 669-560-008 $307.58 Lot24. 669-560-024 $307.58 Lot9. 669-560-009 $307.58 Lot25. 669-560-025 $307.58 Lot 10. 669-560-010 $307.58 Lot26. 669-560-026 $338.34 Lot 11. 669-560-01 1 $307.58 Lot 27. 669-560-027 $338.34 Lot12. 669-560-012 $307.58 Lot28. 669-560-028 $307.58 Lot13. 669-560-013 $307.58 Lot29. 669-560-029 $307.58 Lot14. 669-560-014 $307.58 Lot30. 669-560-030 $307.58 Lot15. 669-560-015 $338.34 Lot 31. 669-560-031 $307.58 Lot16. 669-560-016 $307.58 Lot32. 669-560-032 $307.58 City of Palm Springs, Parkway Maintenance District No. 10-Engineer's Report Page 11 City of Palm Springs-Engineer's Report Parkway Maintenance District No. 10, Mountain Gate Tract Map No. 30963-2 M.B. 337, Pages 91-98 (CONTINUED) LOT NUMBER ASSESSMENT LOT NUMBER ASSESSMENT Lot33. 669-560-033 $307.58 Lot64. 669-530-015 $307.58 Lot 34. 669-560-034 $307.58 Lot 65. 669-530-016 $307.58 Lot35. 669-560-035 $307.58 Lot66. 669-530-017 $338.34 Lot 36. 669-560-036 $307.58 Lot 67. 669-530-018 $338.34 Lot37. 669-560-037 $307.58 Lot68. 669-530-019 $307.58 Lot38. 669-560-038 $307.58 Lot69. 669-530-020 $307.58 Lot39. 669-560-039 $307.58 Lot70. 669-530-021 $307.58 Lot40. 669-560-040 $307.58 Lot71. 669-530-022 $307.58 Lot41. 669-560-041 $307.58 Lot72. 669-530-023 $307.58 Lot42. 669-560-042 $307.58 Lot73. 669-530-024 $307.58 Lot43. 669-560-043 $338.34 Lot74. 669-530-025 $307.58 Lot44. 669-560-044 $338.34 Lot75. 669-530-026 $307.58 Lot 45. 669-560-045 $307.58 Lot 76. 669-530-027 $307.58 Lot 46. 669-560-046 $307.58 Lot 77. 669-530-028 $307.58 Lot 47. 669-560-047 $307.58 Lot 78. 669-530-029 $307.58 Lot48. 669-560-048 $307.58 Lot79. 669-530-030 $307.58 Lot49. 669-560-049 $307.58 Lot80. 669-530-031 $307.58 Lot50. 669-560-050 $307.58 Lot81. 669-530-032 $307.58 Lot51. 669-550-001 $307.58 Lot82. 669-530-033 $307.58 Lot52. 669-550-002 $307.58 Lot83. 669-530-034 $307.58 Lot 53. 669-550-003 $307.58 Lot 84. 669-530-035 $307.58 Lot54. 669-550-004 $307.58 Lot85. 669-530-036 $307.58 Lot55. 669-550-005 $307.58 Lot86. 669-530-037 $307.58 Lot 56. 669-550-006 $307.58 Lot 87. 669-530-038 $307.58 Lot57. 669-550-007 $307.58 Lot88. 669-530-039 $307.58 Lot58. 669-550-008 $307.58 Lot89. 669-530-040 $338.34 Lot59. 669-550-009 $307.58 Lot90. 669-530-041 $338.34 Lot60. 669-550-010 $307.58 Lot 91. 669-530-042 $338.34 Lot61. 669-550-011 $307.58 Lot92. 669-530-043 $338.34 Lot62. 669-550-012 $307.58 Lot93. 669-530-044 $338.34 Lot63. 669-530-014 $307.58 Lot94. 669-530-045 $338.34 City of Palm Springs, Parkway Maintenance District No. 10-Engineer's Report Page 12 City of Palm Springs-Engineer's Report Parkway Maintenance District No. 10, Mountain Gate Tract Map No. 30963-2 M.B. 337, Pages 91-98 (CONTINUED) LOT NUMBER ASSESSMENT LOT NUMBER ASSESSMENT Lot95. 669-530-046 $338.34 Lot129. 669-540-028 $307.58 Lot96. 669-530-047 $338.34 Lot130. 669-540-029 $307.58 Lot 97. 669-530-048 $338.34 Lot 131. 669-540-030 $307.58 Lot98. 669-530-049 $338.34 Lot132. 669-540-031 $307.58 Lot99. 669-530-050 $338.34 Lot133. 669-540-032 $307.58 Lot100. 669-530-051 $338.34 Lot134. 669-540-033 $307.58 Lot101. 669-530-052 $338.34 Lot135. 669-550-013 $307.58 Lot 102. 669-540-001 $338.34 Lot 136. 669-550-014 $307.58 Lot103. 669-540-002 $338.34 Lot137. 669-550-015 $307.58 Lot104. 669-540-003 $338.34 Lot138. 669-550-016 $307.58 Lot105. 669-540-004 $338.34 Lot139. 669-550-017 $307.58 Lot106. 669-540-005 $338.34 Lot140. 669-550-018 $307.58 Lot 107. 669-540-006 $338.34 Lot 141. 669-550-019 $307.58 Lot108. 669-540-007 $307.58 Lot142. 669-550-020 $307.58 Lot109. 669-540-008 $307.58 Lot143. 669-550-021 $307.58 Lot 110. 669-540-009 $307.58 Lot 144. 669-550-022 $307.58 Lot111 . 669-540-010 $307.58 Lot145. 669-550-023 $307.58 Lot 1 12. 669-540-011 $307.58 Lot 146. 669-550-024 $307.58 Lot113. 669-540-012 $307.58 Lot147. 669-550-025 $307.58 Lot114. 669-540-013 $307.58 Lot148. 669-550-026 $307.58 Lot115. 669-540-014 $307.58 Lot149. 669-550-027 $307.58 Lot 116. 669-540-015 $307.58 Lot 150. 669-550-028 $307.58 Lot117. 669-540-016 $307.58 Lot151. 669-550-029 $307.58 Lot118. 669-540-017 $307.58 Lot152. 669-550-030 $307.58 Lot 119. 669-540-018 $307.58 Lot 153. 669-550-031 $307.58 Lot120. 669-540-019 $307.58 Lot154. 669-550-032 $307.58 Lot121. 669-540-020 $307.58 Lot155. 669-550-033 $307.58 Lot122. 669-540-021 $307.58 Lot156. 669-550-034 $307.58 Lot123. 669-540-022 $307.58 Lot157. 669-550-035 $307.58 Lot124. 669-540-023 $307.58 Lot158. 669-550-036 $307.58 Lot125. 669-540-024 $307.58 Lot159. 669-550-037 $307.58 Lot 126. 669-540-025 $307.58 Lot 160. 669-560-051 $307.58 Lot127. 669-540-026 $307.58 Lotlbl. 669-560 052 $307.58 Lot 128. 669-540-027 $307.58 Lot 162. 669-560 053 $307.58 City of Palm Springs, Parkway Maintenance District No. 10-Engineer's Report Page 13 City of Palm Springs-Engineer's Report Parkway Maintenance District No. 10, Mountain Gate Tact Map No. 30963-2 M.B. 337, Pages 91-98 (CONTINUED) LOT NUMBER ASSESSMENT LOT NUMBER ASSESSMENT Lot163. 669-560-054 $307.58 Lot179. 669-560-062 $307.58 Lot 164. 669-560-055 $307.58 Lot 180. 669-560-063 $307.58 Lot165. 669-560-056 $307.58 Lot181. 669-560-064 $307.58 Lot166. 669-560-057 $307.58 Lot182. 669-560-065 $307.58 Lot 167. 669-560-058 $307.58 Lot 183. 669-560-066 $307.58 Lot168. 669-560-059 $307.58 Lot184. 669-560-067 $307.58 Lot 169. 669-560-060 $307.58 Lot 185. 669-560-068 $307.58 Lot 170. 669-560-061 $307.58 Lot 186. 669-560-069 $307.58 Lot171. 669-550-038 $307.58 Lot187. 669-560-070 $307.58 Lot 172. 669-550-039 $307.58 Lot 188. 669-560-071 $307.58 Lot173. 669-550-040 $307.58 Lot189. 669-560-072 $307.58 Lot174. 669-550-041 $307.58 Lot190. 669-560-073 $307.58 Lot 175. 669-550-042 $307.58 Lot 191 . 669-560-074 $307.58 Lot176. 669-550-043 $307.58 Lot192, 669-560-075 $307.58 Lot177. 669-550-044 $307.58 Lot193. 669-560-076 $307.58 Lot178. 669-550-045 1 $307.58 Lot194. 669-560-077 $338.34 TOTAL of 194 Lots = $60,501.04 Tract Map No. 30963 M.B. 346, Pages 13-18 LOT NUMBER ASSESSMENT LOT NUMBER ASSESSMENT Lot 1. 669-570-001 $338.34 Lot 13. 669-580-001 $307.58 Lott. 669-570-002 $307.58 Lot14. 669-580-002 $307.58 Lot3. 669-570-003 $307.58 Lot15. 669-580-003 $307.58 Lot4. 669-570-004 $307.58 Lot16. 669-580-004 $307.58 Lot5. 669-570-005 $307.58 Lot17. 669-580-005 $307.58 Lot6. 669-570-006 $307.58 Lot18. 669-580-006 $307.58 Lot7. 669-570-007 $307.58 Lot19. 669-580-007 $307.58 Lot 8. 669-570-008 $307.58 Lot 20. 669-580-008 $307.58 Lot 9. 669-570-009 $307.58 Lot 21. 669-580-009 $307.58 Lot 10. 669-570-010 $307.58 Lot22. 669-580-010 $307.58 Lot11 . 669-570-011 $307.58 Lot23. 669-580-011 $307.58 Lot12. 669-570-012 $307.58 Lot24. 669-580 012 $307.58 City of Palm Springs, Parkway Maintenance District No. 10-Engineer's Report Page 14 City of Palm Springs-Engineer's Report Parkway Maintenance District No. 10, Mountain Gate Tract Map No. 30963 M.B. 346, Pages 13-18 (CONTINUED) LOT NUMBER ASSESSMENT IF-LOT NUMBER FASSESSMENT Lot25. 669-580-013 $307.58 Lot60. 669-580-048 $307.58 Lot26. 669-580-014 $307,58 Lot61. 669-580-049 $307.58 Lot27. 669-580-015 $307.58 Lot62. 669-580-050 $307.58 Lot28. 669-580-016 $307.58 Lot63. 669-580-051 $307.58 Lot29. 669-580-017 $307.58 Lot64. 669-580-052 $307.58 Lot30. 669-580-018 $307.58 Lot65. 669-580-053 $307.58 Lot31. 669-580-019 $307.58 Lot66. 669-580-054 $307.58 Lot 32. 669-580-020 $307.58 Lot 67. 669-580-055 $307.58 Lot 33. 669-580-021 $307.58 Lot 68. 669-580-056 $307.58 Lot34. 669-580-022 $307.58 Lot69. 669-580-057 $307.58 Lot35. 669-580-023 $307.58 Lot70. 669-580-058 $307.58 Lot36. 669-580-024 $307.58 Lot71. 669-580-059 $307.58 Lot 37. 669-580-025 $307.58 Lot 72. 669-580-060 $307.58 Lot38. 669-580-026 $307.58 Lot73. 669-580-061 $307.58 Lot39. 669-580-027 $307.58 Lot74. 669-580-062 $307.58 Lot40. 669-580-028 $307.58 Lot75. 669-580-063 $307.58 Lot41. 669-580-029 $307.58 Lot76. 669-580-064 $307.58 Lot42. 669-580-030 $307.58 Lot77. 669-570-013 $307.58 Lot43. 669-580-031 $307.58 Lot78. 669-570-014 $307.58 Lot44. 669-580-032 $307.58 Lot79. 669-570-015 $307.58 Lot45. 669-580-033 $307.58 Lot80. 669-570-016 $307.58 Lot46. 669-580-034 $307.58 Lot81. 669-570-017 $307.58 Lot 47. 669-580-035 $307.58 Lot 82. 669-570-018 $307.58 Lot48. 669-580-036 $307.58 Lot83. 669-570-019 $307.58 Lot 49. 669-580-037 $307.58 Lot 84. 669-570-020 $307.58 Lot50. 669-580-038 $307.58 Lot85. 669-570-021 $307.58 Lot51. 669-580-039 $307.58 Lot86. 669-570-022 $307.58 Lot 52. 669-580-040 $307.58 Lot 87. 669-570-023 $307.58 Lot53. 669-580-041 $307.58 Lot88. 669-570-024 $307.58 Lot54. 669-580-042 $307.58 Lot89. 669-570-025 $307.58 Lot55. 669-580-043 $307.58 Lot90. 669-570-026 $307.58 Lot56. 669-580-044 $307.58 Lot 91. 669-570-027 $307.58 Lot 57. 669-580-045 $307.58 Lot 92. 669-570-028 $307.58 Lot58. 669-580-046 $307.58 Lot93. 669-570-029 $307.58 Lot59. 669-580-047 $307.58 Lot94. 669-570-030 $307.58 City of Palm Springs, Parkway Maintenance District No. 10-Engineer's Report Page 15 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 10, Mountain Gate Tract Map No. 30963 M.B. 346, Pages 13-18 (CONTINUED) LOT NUMBER ASSESSMENT L :LOT NUMBER FASSESSMENT Lot 95. 669-570-031 $307.58 Lot 102. 669-570-038 $307.58 Lot96. 669-570-032 $307.58 Lot103. 669-570-039 $307.58 Lot 97. 669-570-033 $307.58 Lot 104. 669-570-040 $338.34 Lot98. 669-570-034 $307.58 Lot105. 669-570-041 $338.34 Lot 99. 669-570-035 $307.58 Lot 106. 669-570-042 $338.34 Lot100. 669-570-036 $307.58 Lot107. 669-570-043 $338.34 Lot101 . 669-570-037 $307.58 TOTAL OF 107 LOTS = $33,064.86 TOTAL ASSESSMENT FOR DISTRICT 10 (308 PARCELS) = $95,718.96 City of Palm Springs, Parkway Maintenance District No. 10—Engineer's Report Page 16 RESOLUTION NO. 21029 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2004-2005 WITHIN THE PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 3 WHEREAS, the City Council has, by previous Resolutions, initiated proceedings and declared its intention to levy special benefit assessments against parcels of land within the Palm Springs Street Lighting Maintenance District No. 3, (hereafter referred to as "District No. 3") for the fiscal year commencing July 1, 2004, and ending June 30, 2005, 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"), to pay the costs and expenses of operation, maintenance, repair and servicing of street lighting and all appurtenant facilities and operations related thereto; and, WHEREAS, the City Engineer has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council the Engineer's Annual Levy Report (hereafter referred to as the "Engineer's Report") in connection with the proposed levy and collection of special benefit assessments upon eligible parcels of land within District No. 3, and the City Council did by previous Resolution approve the Engineer's Report; and, WHEREAS, the City Council desires to levy and collect assessments against parcels of land within District No. 3 for the fiscal year commencing July 1, 2004, and ending June 30, 2005, described in the approved Engineer's Report, to pay the costs and expenses of operation, maintenance, repair and servicing of street lighting and all appurtenant facilities and operations related thereto; and, WHEREAS, the Engineer's Report proposes the levying and collection of assessments less than or equal to the maximum assessment amounts previously approved by property owner petition or balloting. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Palm Springs, as follows: Section 1. Following notice duly given, the City Council has held a full and fair Public Hearing regarding its Resolution approving or amending the Engineer's Report prepared in connection therewith; the levy and collection of assessments, and considered all oral and written statements, protests and communications made or filed by interested persons. The City Council has determined that the property owners in accordance with the requirements of Article XIIID of the California Constitution, have approved the assessments so presented. Section 2. Based upon its review (and amendments, as applicable) of the Engineer's Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that: IOt Resolution 21029 Page 2 a) The land within District No. 3 will receive special benefit by the operation, maintenance and servicing of street lighting and appurtenant facilities within the boundaries of District No. 3. b) District No. 3 includes all of the lands receiving such special benefit. c) The net amount to be assessed upon the lands within District No. 3 is in accordance and apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services for the fiscal year commencing July 1, 2004, and ending June 30, 2005. d) The assessment amounts described in the Engineer's Report are less than or equal to the maximum assessment amounts previously approved by property owner petition or balloting. Section 3. The Engineer's Report and assessment as presented to the City Council and on file in the office of the City Clerk are hereby confirmed as filed. Section 4. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as the maintenance, operation, administration and servicing of the improvements related to street lighting and all appurtenant facilities related thereto. Section 5. The maintenance, operation and servicing of the street lighting and appurtenant facilities shall be performed pursuant to the Act and the County Auditor of Riverside County shall enter on the County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer. Section 6. The City Treasurer shall deposit all money representing assessments collected by the County for District No. 3 to the credit of a fund for the Palm Springs Street Lighting Maintenance District No. 3, and such money shall be expended only for the maintenance, operation and servicing of the street lighting and appurtenant facilities as described in Section 4. Section 7. The adoption of this Resolution constitutes the District No. 3 levy for the fiscal year commencing July 1, 2004, and ending June 30, 2005. Section 8. The City Clerk is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution. a I; Resolution 21029 Page 3 ADOPTED this 21" day of July, 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk City Manager Reviewed and Approved as to Form: I I RESOLUTION NO. 21030 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT; AND THE LEVYING AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2004-2005 FOR THE PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 3 WHEREAS, the City Council, 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"), did by previous Resolution order the City Engineer to prepare and file an Engineer's Annual Levy Report (hereafter referred to as the "Engineer's Report") in accordance with the Act, in connection with the annual levy and collection of assessments for the Palm Springs Street Lighting Maintenance District No. 3 (hereafter referred to as "District No. 3") for the fiscal year commencing July 1, 2004, and ending June 30, 2005; and, WHEREAS, the City Engineer has prepared and filed the Engineer's Report with the City Clerk, and the City Clerk has presented to the City Council the Engineer's Report; and, WHEREAS, the City Council has carefully examined and reviewed the Engineer's Report as presented, and is satisfied with each and all of the items and documents as set forth therein, and finds that the levy has been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed, as set forth in the Engineer's Report; and, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as follows: Section 1. The above recitals are all true and correct. Section 2. The Engineer's Report as presented consists of the following: a) A Description of District No. 3 and Improvements. b) The Annual Budget (Costs and Expenses of Services, Operations and Maintenance) C) A Description of the Method of Apportionment resulting in an Assessment Rate per Levy Unit within District No. 3 for fiscal year 2004-2005. Section 3. The Engineer's Report as presented, is hereby approved (as amended), and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. Section 4. The City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the presentation and final f approval of the Engineer's Report. Resolution 21030 Page 3 ADOPTED this 21" day of July, 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk City Manager Reviewed and Approved as to Form: Q RESOLUTION NO. 21031 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2004-2005 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6A WHEREAS, the City Council has, by previous Resolutions, initiated proceedings and declared its intention to levy special benefit assessments against parcels of land within the Palm Springs Parkway Maintenance District No. 6A, (hereafter referred to as "District No. 6A") for the fiscal year commencing July 1, 2004, and ending June 30, 2005, 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"), to pay the costs and expenses of operation, maintenance, repair and servicing of landscaping and lighting improvements and all appurtenant facilities and operations related thereto; and, WHEREAS, the City Engineer has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council the Engineer's Annual Levy Report (hereafter referred to as the "Engineer's Report") in connection with the proposed levy and collection of special benefit assessments upon eligible parcels of land within District No. 6A, and the City Council did by previous Resolution approve the Engineer's Report; and, WHEREAS, the City Council desires to levy and collect assessments against l parcels of land within District No. 6A for the fiscal year commencing July 1, 2004, and 1 ending June 30, 2005, described in the approved Engineer's Report, to pay the costs and expenses of operation, maintenance, repair and servicing of landscaping and lighting improvements and all appurtenant facilities and operations related thereto; and, WHEREAS, the Engineer's Report proposes the levying and collection of assessments less than or equal to the maximum assessment amounts previously approved by property owner petition or balloting. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Palm Springs, as follows: Section 1. Following notice duly given, the City Council has held a full and fair Public Hearing regarding its Resolution approving or amending the Engineer's Report prepared in connection therewith; the levy and collection of assessments, and considered all oral and written statements, protests and communications made or filed by interested persons. The City Council has determined that the property owners in accordance with the requirements of Article XIIID of the California Constitution, have approved the assessments so presented. Section 2. Based upon its review (and amendments, as applicable) of the Engineer's Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that: Li Resolution 21031 Page 2 a) The land within District No. 6A will receive special benefit by the operation, maintenance and servicing of landscaping and lighting improvements and appurtenant facilities within the boundaries of District No. 6A. b) District No. 6A includes all of the lands receiving such special benefit. c) The net amount to be assessed upon the lands within District No. 6A is in accordance and apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services for the fiscal year commencing July 1, 2004, and ending June 30, 2005. d) The assessment amounts described in the Engineer's Report are less than or equal to the maximum assessment amounts previously approved by property owner petition or balloting. Section 3. The Engineer's Report and assessment as presented to the City Council and on file in the office of the City Clerk are hereby confirmed as filed. Section 4. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as the maintenance, operation, administration and servicing of the landscaping and lighting improvements and all appurtenant facilities related thereto. Section 5. The maintenance, operation and servicing of the landscaping and lighting improvements and appurtenant facilities shall be performed pursuant to the Act and the County Auditor of Riverside County shall enter on the County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer. Section 6. The City Treasurer shall deposit all money representing assessments collected by the County for District No. 6A to the credit of a fund for the Palm Springs Parkway Maintenance District No. 6A, and such money shall be expended only for the maintenance, operation and servicing of the landscaping and lighting improvements and appurtenant facilities as described in Section 4. Section 7. The adoption of this Resolution constitutes the District No. 6A levy for the fiscal year commencing July 1, 2004, and ending June 30, 2005. Section 8. The City Clerk is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution. Resolution 21031 Page 3 ADOPTED this 21" day of July, 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk City Manager Reviewed and Approved as to Form: i I j✓ RESOLUTION NO. 21032 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT; AND THE LEVYING AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2004-2005 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6A WHEREAS, the City Council, 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"), did by previous Resolution order the City Engineer to prepare and file an Engineer's Annual Levy Report (hereafter referred to as the "Engineer's Report") in accordance with the Act, in connection with the annual levy and collection of assessments for the Palm Springs Parkway Maintenance District No. 6A (hereafter referred to as "District No. 6X) for the fiscal year commencing July 1, 2004, and ending June 30, 2005; and, WHEREAS, the City Engineer has prepared and filed the Engineer's Report with the City Clerk, and the City Clerk has presented to the City Council the Engineer's Report; and, WHEREAS, the City Council has carefully examined and reviewed the Engineer's Report as presented, and is satisfied with each and all of the items and documents as set dl forth therein, and finds that the levy has been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed, as set forth in the Engineer's Report; and, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as follows: Section 1. The above recitals are all true and correct. Section 2. The Engineer's Report as presented consists of the following: a) A Description of District No. 6A and Improvements. b) The Annual Budget (Costs and Expenses of Services, Operations and Maintenance) c) A Description of the Method of Apportionment resulting in an Assessment Rate per Levy Unit within District No. 6A for fiscal year 2004-2005. Section 3. The Engineer's Report as presented, is hereby approved (as amended), and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. Section 4. The City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the presentation and final approval of the Engineer's Report. Resolution 21032 Page 2 ADOPTED this 21st day of July, 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk City Manager Reviewed and Approved as to Form: r LJ RESOLUTION NO. 21033 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2004-2005 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 7 WHEREAS, the City Council has, by previous Resolutions, initiated proceedings and declared its intention to levy special benefit assessments against parcels of land within the Palm Springs Parkway Maintenance District No. 7, (hereafter referred to as "District No. 7") for the fiscal year commencing July 1, 2004, and ending June 30, 2005, 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"), to pay the costs and expenses of operation, maintenance, repair and servicing of landscaping and lighting improvements and all appurtenant facilities and operations related thereto; and, WHEREAS, the City Engineer has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council the Engineer's Annual Levy Report (hereafter referred to as the "Engineer's Report") in connection with the proposed levy and collection of special benefit assessments upon eligible parcels of land within District No. 7, and the City Council did by previous Resolution approve the Engineer's Report; and, 9 WHEREAS, the City Council desires to levy and collect assessments against parcels of land within District No. 7 for the fiscal year commencing July 1, 2004, and ending June 30, 2005, described in the approved Engineer's Report, to pay the costs and expenses of operation, maintenance, repair and servicing of landscaping and lighting improvements and all appurtenant facilities and operations related thereto; and, WHEREAS, the Engineer's Report proposes the levying and collection of assessments less than or equal to the maximum assessment amounts previously approved by property owner petition or balloting. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Palm Springs, as follows: Section 1. Following notice duly given, the City Council has held a full and fair Public Hearing regarding its Resolution approving or amending the Engineer's Report prepared in connection therewith; the levy and collection of assessments, and considered all oral and written statements, protests and communications made or filed by interested persons. The City Council has determined that the property owners in accordance with the requirements of Article XIIID of the California Constitution, have approved the assessments so presented. Section 2. Based upon its review (and amendments, as applicable) of the Engineer's Report, a copy of which has been presented to the City Council and which j has been filed with the City Clerk, the City Council hereby finds and determines that: Resolution 21033 Page 2 a) The land within District No. 7 will receive special benefit by the operation, maintenance and servicing of landscaping and lighting improvements and appurtenant facilities within the boundaries of District No. 7. b) District No. 7 includes all of the lands receiving such special benefit. c) The net amount to be assessed upon the lands within District No. 7 is in accordance and apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services for the fiscal year commencing July 1, 2004, and ending June 30, 2005. d) The assessment amounts described in the Engineer's Report are less than or equal to the maximum assessment amounts previously approved by property owner petition or balloting. Section 3. The Engineer's Report and assessment as presented to the City Council and on file in the office of the City Clerk are hereby confirmed as filed. Section 4. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as the maintenance, operation, administration and servicing of the landscaping and lighting improvements and all appurtenant facilities related thereto. Section 5. The maintenance, operation and servicing of the landscaping and lighting improvements and appurtenant facilities shall be performed pursuant to the Act and the County Auditor of Riverside County shall enter on the County 1 Assessment Roll apposite each parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer. Section 6. The City Treasurer shall deposit all money representing assessments collected by the County for District No. 7 to the credit of a fund for the Palm Springs Parkway Maintenance District No. 7, and such money shall be expended only for the maintenance, operation and servicing of the landscaping and lighting improvements and appurtenant facilities as described in Section 4. Section 7. The adoption of this Resolution constitutes the District No. 7 levy for the fiscal year commencing July 1, 2004, and ending June 30, 2005. Section 8. The City Clerk is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution. s �i Resolution 21033 Page 3 ADOPTED this 21s'day of July, 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk City Manager Reviewed and Approved as to Form: 1� - 4 RESOLUTION NO. 21034 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT; AND THE LEVYING AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2004-2005 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 7 WHEREAS, the City Council, 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"), did by previous Resolution order the City Engineer to prepare and file an Engineer's Annual Levy Report (hereafter referred to as the "Engineer's Report") in accordance with the Act, in connection with the annual levy and collection of assessments for the Palm Springs Parkway Maintenance District No. 7 (hereafter referred to as "District No. 7") for the fiscal year commencing July 1, 2004, and ending June 30, 2005; and, WHEREAS, the City Engineer has prepared and filed the Engineer's Report with the City Clerk, and the City Clerk has presented to the City Council the Engineer's Report; and, WHEREAS, the City Council has carefully examined and reviewed the Engineer's Report as presented, and is satisfied with each and all of the items and documents as set ' forth therein, and finds that the levy has been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed, as set forth in the Engineer's Report; and, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as follows: Section 1. The above recitals are all true and correct. Section 2. The Engineer's Report as presented consists of the following: a) A Description of District No. 7 and Improvements. b) The Annual Budget (Costs and Expenses of Services, Operations and Maintenance) C) A Description of the Method of Apportionment resulting in an Assessment Rate per Levy Unit within District No. 7 for fiscal year 2004-2005. Section 3. The Engineer's Report as presented, is hereby approved (as amended), and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. Section 4. The City Clerk shall certify to the passage and adoption of this Resolution 1 and the minutes of this meeting shall so reflect the presentation and final h approval of the Engineer's Report. Resolution 21034 Page 2 ADOPTED this 21"day of July, 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk City Manager Reviewed and Approved as to Form: '1 RESOLUTION NO. 21035 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2004-2005 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 9 WHEREAS, the City Council has, by previous Resolutions, initiated proceedings and declared its intention to levy special benefit assessments against parcels of land within the Palm Springs Parkway Maintenance District No. 9, (hereafter referred to as "District No. 9") for the fiscal year commencing July 1, 2004, and ending June 30, 2005, 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"), to pay the costs and expenses of operation, maintenance, repair and servicing of landscaping and lighting improvements and all appurtenant facilities and operations related thereto; and, WHEREAS, the City Engineer has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council the Engineer's Annual Levy Report (hereafter referred to as the "Engineer's Report") in connection with the proposed levy and collection of special benefit assessments upon eligible parcels of land within District No. 9, and the City Council did by previous Resolution approve the Engineer's Report; and, WHEREAS, the City Council desires to levy and collect assessments against parcels of land within District No. 9 for the fiscal year commencing July 1, 2004, and ending June 30, 2005, described in the approved Engineer's Report, to pay the costs and expenses of operation, maintenance, repair and servicing of landscaping and lighting improvements and all appurtenant facilities and operations related thereto; and, WHEREAS, the Engineer's Report proposes the levying and collection of assessments less than or equal to the maximum assessment amounts previously approved by property owner petition or balloting. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Palm Springs, as follows: Section 1. Following notice duly given, the City Council has held a full and fair Public Hearing regarding its Resolution approving or amending the Engineer's Report prepared in connection therewith; the levy and collection of assessments, and considered all oral and written statements, protests and communications made or filed by interested persons. The City Council has determined that the property owners in accordance with the requirements of Article XIIID of the California Constitution, have approved the assessments so presented. Section 2. Based upon its review (and amendments, as applicable) of the Engineer's Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that: Resolution 21035 Page 2 a) The land within District No. 9 will receive special benefit by the operation, maintenance and servicing of landscaping and lighting improvements and appurtenant facilities within the boundaries of District No. 9. i b) District No. 9 includes all of the lands receiving such special benefit. c) The net amount to be assessed upon the lands within District No. 9 is in accordance and apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services for the fiscal year commencing July 1, 2004, and ending June 30, 2005. d) The assessment amounts described in the Engineer's Report are less than or equal to the maximum assessment amounts previously approved by property owner petition or balloting. Section 3. The Engineer's Report and assessment as presented to the City Council and on file in the office of the City Clerk are hereby confirmed as filed. Section 4. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as the maintenance, operation, administration and servicing of the landscaping and lighting improvements and all appurtenant facilities related thereto. Section 5. The maintenance, operation and servicing of the landscaping and lighting improvements and appurtenant facilities shall be performed pursuant to the Act and the County Auditor of Riverside County shall enter on the County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer. Section 6. The City Treasurer shall deposit all money representing assessments collected by the County for District No. 9 to the credit of a fund for the Palm Springs Parkway Maintenance District No. 9, and such money shall be expended only for the maintenance, operation and servicing of the landscaping and lighting improvements and appurtenant facilities as described in Section 4. Section 7. The adoption of this Resolution constitutes the District No. 9 levy for the fiscal year commencing July 1, 2004, and ending June 30, 2005. Section 8. The City Clerk is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution. 1 I Resolution 21035 Page 3 ADOPTED this 215`day of July, 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk City Manager Reviewed and Approved as to Form: T LJ RESOLUTION NO. 21036 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT; AND THE LEVYING AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2004-2005 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 9 WHEREAS, the City Council, 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"), did by previous Resolution order the City Engineer to prepare and file an Engineer's Annual Levy Report (hereafter referred to as the "Engineer's Report") in accordance with the Act, in connection with the annual levy and collection of assessments for the Palm Springs Parkway Maintenance District No. 9 (hereafter referred to as "District No. 9") for the fiscal year commencing July 1, 2004, and ending June 30, 2005; and, WHEREAS, the City Engineer has prepared and filed the Engineer's Report with the City Clerk, and the City Clerk has presented to the City Council the Engineer's Report; and, WHEREAS, the City Council has carefully examined and reviewed the Engineer's Report as presented, and is satisfied with each and all of the items and documents as set forth therein, and finds that the levy has been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed, as set forth in the Engineer's Report; and, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as follows: Section 1. The above recitals are all true and correct. Section 2. The Engineer's Report as presented consists of the following: a) A Description of District No. 9 and Improvements. b) The Annual Budget (Costs and Expenses of Services, Operations and Maintenance) C) A Description of the Method of Apportionment resulting in an Assessment Rate per Levy Unit within District No. 9 for fiscal year 2004-2005. Section 3. The Engineer's Report as presented, is hereby approved (as amended), and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. j Section 4. The City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the presentation and final approval of the Engineer's Report. Resolution 21036 Page 2 ADOPTED this 21s`day of July, 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk City Manager Reviewed and Approved as to Form: I .1 r is RESOLUTION NO. 21037 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2004-2005 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 10 WHEREAS, the City Council has, by previous Resolutions, initiated proceedings and declared its intention to levy special benefit assessments against parcels of land within the Palm Springs Parkway Maintenance District No. 10, (hereafter referred to as "District No. 10") for the fiscal year commencing July 1, 2004, and ending June 30, 2005, 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"), to pay the costs and expenses of operation, maintenance, repair and servicing of landscaping and lighting improvements and all appurtenant facilities and operations related thereto; and, WHEREAS, the City Engineer has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council the Engineer's Annual Levy Report (hereafter referred to as the "Engineer's Report") in connection with the proposed levy and collection of special benefit assessments upon eligible parcels of land within District No. 10, and the City Council did by previous Resolution approve the Engineer's Report; and, WHEREAS, the City Council desires to levy and collect assessments against parcels of land within District No. 10 for the fiscal year commencing July 1, 2004, and 1 ! ending June 30, 2005, described in the approved Engineer's Report, to pay the costs and expenses of operation, maintenance, repair and servicing of landscaping and lighting improvements and all appurtenant facilities and operations related thereto; and, WHEREAS, the Engineer's Report proposes the levying and collection of assessments less than or equal to the maximum assessment amounts previously approved by property owner petition or balloting. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Palm Springs, as follows: Section 1. Following notice duly given, the City Council has held a full and fair Public Hearing regarding its Resolution approving or amending the Engineer's Report prepared in connection therewith; the levy and collection of assessments, and considered all oral and written statements, protests and communications made or filed by interested persons. The City Council has determined that the property owners in accordance with the requirements of Article XIIID of the California Constitution, have approved the assessments so presented. Section 2. Based upon its review (and amendments, as applicable) of the Engineer's Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that: Resolution 21037 Page 2 a) The land within District No. 10 will receive special benefit by the operation, maintenance and servicing of landscaping and lighting improvements and appurtenant facilities within the boundaries of District No. 10. b) District No. 10 includes all of the lands receiving such special benefit. c) The net amount to be assessed upon the lands within District No. 10 is in accordance and apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services for the fiscal year commencing July 1, 2004, and ending June 30, 2005. d) The assessment amounts described in the Engineer's Report are less than or equal to the maximum assessment amounts previously approved by property owner petition or balloting. Section 3. The Engineer's Report and assessment as presented to the City Council and on file in the office of the City Clerk are hereby confirmed as filed. Section 4. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as the maintenance, operation, administration and servicing of the landscaping and lighting improvements and all appurtenant facilities related thereto. Section 5. The maintenance, operation and servicing of the landscaping and lighting improvements and appurtenant facilities shall be performed pursuant to the Act and the County Auditor of Riverside County shall enter on the County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer. Section 6. The City Treasurer shall deposit all money representing assessments collected by the County for District No. 10 to the credit of a fund for the Palm Springs Parkway Maintenance District No. 10, and such money shall be expended only for the maintenance, operation and servicing of the landscaping and lighting improvements and appurtenant facilities as described in Section 4. Section 7. The adoption of this Resolution constitutes the District No. 10 levy for the fiscal year commencing July 1, 2004, and ending June 30, 2005. Section 8. The City Clerk is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution. Resolution 21037 Page 3 ADOPTED this 21s`day of July, 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk City Manager Reviewed and Approved as to Form: i� RESOLUTION NO. 21038 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT; AND THE LEVYING AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2004-2005 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 10 WHEREAS, the City Council, 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"), did by previous Resolution order the City Engineer to prepare and file an Engineer's Annual Levy Report (hereafter referred to as the "Engineer's Report") in accordance with the Act, in connection with the annual levy and collection of assessments for the Palm Springs Parkway Maintenance District No. 10 (hereafter referred to as "District No. 10") for the fiscal year commencing July 1, 2004, and ending June 30, 2005; and, WHEREAS, the City Engineer has prepared and filed the Engineer's Report with the City Clerk, and the City Clerk has presented to the City Council the Engineer's Report; and, WHEREAS, the City Council has carefully examined and reviewed the Engineer's Report as presented, and is satisfied with each and all of the items and documents as set T forth therein, and finds that the levy has been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed, as set forth in the Engineer's Report; and, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as follows: Section 1. The above recitals are all true and correct. Section 2. The Engineer's Report as presented consists of the following: a) A Description of District No. 10 and Improvements. b) The Annual Budget (Costs and Expenses of Services, Operations and Maintenance) c) A Description of the Method of Apportionment resulting in an Assessment Rate per Levy Unit within District No. 10 for fiscal year 2004-2005. Section 3. The Engineer's Report as presented, is hereby approved (as amended), and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. Section 4. The City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the presentation and final I Ji approval of the Engineer's Report. Resolution 21038 Page 2 ADOPTED this 21s'day of July, 2004. p AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk City Manager Reviewed and Approved as to Form: 9