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HomeMy WebLinkAbout3/5/2008 - STAFF REPORTS - 2.H. I � T.ANQUI hfc RA I ! 0? 23 24 2 p ee ! 2 3 4 5 G 7 d 9 Ic 1 2 3 4 5 G 7 8 Y !o Z 2! 4 j9 Z� ZI 4 >T 37 12 20 5 Te 13 34 /c lg 35 /5 34 l7 23 l7 d ry /9 219 33 !9 IG g 20 32 22 /o IJI JS J# !3 !! lyll 24 „I ` 29 31 32 33 35 3d 97 38 3y q Tl 22 21 2tr !P 78 17 31 rL .' LL� ,moo j 6 49 48 47 46 45 .� 40 4 42 41 40 22 23 2 24 TE-l " 5 Q ti IQ 3 T 3 Cf° i0 O I f 1� Se a6 QL G7 83 { ,1 7 + 9 %lG �'- r-I[s• 24 7 S! 4d C8 be 20 5 20 I {$t_ 52 G4 49 9l /9 L 7 23 g R !3 70 do { /a 7 f a 3 7l 79 i 17 _ _ 20 72 7A y' C I U 7L 9 JG 0 7v /s 73 7c n i r� �� � �Q 1Y /F rs' /�. !� 41 �, ra j� •j r / O�?PAM gp� u � k CM�o�nR i it[ ORIX CITY COUNCIL STAFF REPORT March 5, 2008 CONSENT CALENDAR Subject: VARIOUS CITYWIDE STREET LIGHTING AND ' PARKWAY MAINTENANCE DISTRICTS, FISCAL YEAR 2008/2009 From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY On February 13, 2008, the City Council provided direction to staff on the matter of continued General Fund subsidy to supplement restricted assessment revenues; elimination and/or reduction of services; and abandonment (dissolution) of those Special Districts wherein proposed increased assessments were denied. The recommended actions implement the direction provided by City Council. RECOMMENDATION: 1) Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND APPROVING THE FINAL ENGINEER'S REPORT AND IDENTIFYING THE DISSOLUTION AND ABANDONMENT OF PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 1"; and 2) Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE DISSOLUTION AND ABANDONMENT OF STREET LIGHTING MAINTENANCE DISTRICT NO. 1 ("BELARDO ROAD AREA")"; and 3) Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND APPROVING THE FINAL. ENGINEER'S REPORT AND IDENTIFYING THE DISSOLUTION AND ABANDONMENT OF PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 2"; and 4) Adapt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE DISSOLUTION ITEV NIO. City Council Staff Report March 5, 2008- Page 2 Citywide Lighting and Landscaping Districts AND ABANDONMENT OF STREET LIGHTING MAINTENANCE DISTRICT NO. 2 ("MCMANUS DRIVE")"; and 5) Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND APPROVING THE FINAL ENGINEER'S REPORT AND IDENTIFYING THE DISSOLUTION AND ABANDONMENT OF PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 4"; and 6) Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE DISSOLUTION AND ABANDONMENT OF STREET LIGHTING MAINTENANCE DISTRICT NO- 4 ("EAGLE WAY AREA")"; and 7) Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND APPROVING THE FINAL ENGINEER'S REPORT AND IDENTIFYING THE DISSOLUTION AND ABANDONMENT OF PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 613"; and 8) Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE DISSOLUTION AND ABANDONMENT OF PARKWAY MAINTENANCE DISTRICT NO. 6B ("PARKSIDE ESTATES")"; and 9) Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT FOR FISCAL YEAR 2008/2009 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 7"; and 10) Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2008/2009 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 7 ("SUNRISE NORTE")" STAFF ANALYSIS: On January 16, 2008, property owner protest ballot proceedings (Proposition 218 elections) were conducted for the following Street Lighting and Parkway Maintenance Districts: 1. Street Lighting Maintenance District No. 1 (Belardo Road Area - 165 Properties) 2. Street Lighting Maintenance District No. 2 (McManus Drive - 25 Properties) 3. Street Lighting Maintenance District No. 4 (Eagle Way Area- 43 Properties) 000092 City Council Staff Report March 5, 2008- Page 3 Citywide Lighting and Landscaping Districts 4. Parkway Maintenance District No. 6B (Parkside Estates - 93 Properties) 5. Parkway Maintenance District No. 7 (Sunrise Norte Tract - 53 Properties) 6. Parkway Maintenance District No. 8 (Vintage Palms Tract - 62 Properties) These Districts have been operating with expenses exceeding the maximum allowable assessment levied, as a result of limitations imposed by Proposition 218. Staff previously recommended that expenses in those Districts be reduced to the level allowed by assessments collected, however, the City Council directed the City Engineer to schedule Proposition 218 elections to allow the neighborhoods a third and final opportunity to consider increased special assessments. At the conclusion of the Proposition 218 elections, only one of the Maintenance Districts approved increased special assessments (Parkway Maintenance District No. 8 — Vintage Palms). All other neighborhoods denied the City's proposed special assessment increase. On February 13, 2008, the City Council considered alternatives to maintaining the five City Maintenance Districts that denied the City's proposed special assessment increase, and in accordance with staff's recommendations, approved the following actions: Lighting District No. 1 (Belardo Road Area) Abandon and dissolve the District. Accordingly, staff will schedule removal of all existing street light poles and fixtures, and will abandon in place the existing conduit and conductors. Staff will bring forward for City Council consideration a future capital improvement project to install new decorative street lights along Belardo Road. Lighting District No. 2 (McManus Drive) Abandon and dissolve the District. Accordingly, staff will schedule removal of all existing street light poles and fixtures, and will abandon in place the existing conduit and conductors. Lighting Ughting District No. 4 (Eagle Way Area Dissolve the District and continue to maintain the street lighting, requiring subsidy from the General Fund of $750 or more annually. Accordingly, although the District will be abandoned (dissolved), the City will continue to fund the electric bills to operate the lights within the District. Parkway District No. 6B (Parkside Estates) Abandon and dissolve the District. Accordingly, staff will coordinate with adjacent property owners on the ability to privately maintain parkway trees adjacent to their property, or if necessary, remove the trees. 0009013 City Council Staff Report March 5, 2008 - Page 4 Citywide Lighting and Landscaping Districts Parkway District No. 7 (Sunrise Norte) Reduce contract landscape maintenance services by half and take other steps to reduce overall costs to less than the total assessment that can be levied. Accordingly, landscape maintenance services will be evaluated and reduced as necessary, including a recommendation to not schedule sod re-seeding in the fall, eliminate palm tree trimming, and disconnect parkway lighting. FISCAL IMPACT: It is estimated that implementation of the City Council's direction will eliminate a minimum of$20,000 in annual costs to the General Fund. Submitted. O&L m David J. Barakian Thomas J. Vyfison Director of Public Works/City Engineer Assistant C6 Manager ��r David H. Ready, i r ger ATTACHMENTS: 1. Resolutions 00069� RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND APPROVING THE FINAL ENGINEER'S REPORT AND IDENTIFYING THE DISSOLUTION AND ABANDONMENT OF PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 1 WHEREAS, the City Council, pursuant to the provisions of the Street Lighting Act of 1931, Part 2 of Division 14 of the Streets and Highways Code of the State of California, beginning with beginning with §18300 (hereafter referred to as the "Act"), did by previous Resolution order the City Engineer to prepare and file an Engineer's Annual Levy Report (hereafter referred to as the "Engineer's Report") in accordance with the Act, in connection with the levy and collection of assessments for the Palm Springs Street Lighting Maintenance District No. 1 (hereafter referred to as "District No. I") for the fiscal year commencing July 1, 2008, and ending June 30, 2009; 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, on February 13, 2008, the City Council ordered the dissolution and abandonment of District No. 1; and, WHEREAS, the City Engineer has amended the Engineer's Report to disclose the City Council's order of dissolution and abandonment of District No. 1 in the Engineer's Report, ending all special benefits received from the improvements, operation, maintenance and services previously performed in District No. 1. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS- Section 1. The above recitals are all true and correct. Section 2. The Engineer's Report as presented, 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. The Engineer's Report shall represent the final Engineer's Report for District No. 1, confirming the City Council's order of dissolution and abandonment of District No. 1. Section 3. The City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the presentation and final approval of the Engineer's Report. Resolution No. Page 2 ADOPTED THIS 5th day of March, 2008. David H. Ready, City Manager ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) 1, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. _ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on March 5, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 000006 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE DISSOLUTION AND ABANDONMENT OF STREET LIGHTING MAINTENANCE DISTRICT NO. 1 ("BELARDO ROAD AREA") WHEREAS, the City Council has, by previous Resolutions, formed the Palm Springs Street Lighting Maintenance District No_ 1 (hereafter referred to as "District No. 1") pursuant to the provisions of the Street Lighting Act of 1931, Part 2 of Division 14 of the Streets and Highways Code of the State of California, beginning with beginning with §18300 (hereafter referred to as the "Act"), that provides for the levy and collection of assessments by the City of Palm Springs to pay the maintenance and services of improvements and all appurtenant facilities and operations related thereto; and WHEREAS, the Engineer has previously prepared and filed with the City Clerk Engineers' Reports for District No. 1 for prior fiscal years, in accordance with the Act, identifying improvement costs in excess of the total assessments levied and collected by the City for District No. 1; and WHEREAS, on July 21, 2004, on July 19, 2006, and on January 16, 2008, a property owner protest ballot proceeding and election was conducted, pursuant to Article XIIID of the California Constitution, on the matter of approving an increase to the maximum annual assessment to be levied and collected by the City" as necessary to increase assessments to cover estimated annual expenses and to implement a Consumer Price Index ("CPI") annual inflator; and WHEREAS, the City Council has, by previous Resolutions, declared the results of the property owner protest proceedings and elections, whereby a majority protest to the increased annual levy of assessments existed; and WHEREAS, costs to operate and maintain the improvements for District No. 1 continue to increase above and beyond the total amount that may be levied and collected by the City for District No. 1; and WHEREAS, on February 13, 2008, the City Council ordered the dissolution and abandonment of District No. 1. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Following notice duly given, the City Council previously held a full and fair Public Hearing on January 16, 2008, regarding District No. 1, and considered all oral and written statements, protests and communications made or filed by interested persons. Resolution No. Page 2 Section 2. The City Council hereby orders the dissolution and abandonment of District No. 1 commencing with fiscal year 2008/2009, effective July 1, 2008. Section 3. The City Council hereby orders the City Engineer to cease payment of the costs and expenses of operation, maintenance, repair and servicing of street lighting and all appurtenant facilities and operations related thereto; and hereby orders the removal and/or abandonment of all street lighting improvements providing special benefits to properties located within District No. 1. Section 4. The City Clerk is hereby authorized and directed to file the order of dissolution of District No. 1 with the County Auditor upon adoption of this Resolution. ADOPTED THIS 5th day of March, 2008. David H. Ready, City Manager ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE. ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on March 5, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 000008 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND APPROVING THE FINAL ENGINEER'S REPORT AND IDENTIFYING THE DISSOLUTION AND ABANDONMENT OF PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 2 WHEREAS,the City Council, pursuant to the provisions of the Street Lighting Act of 1931, Part 2 of Division 14 of the Streets and Highways Code of the State of California, beginning with beginning with §18300 (hereafter referred to as the "Act"), did by previous Resolution order the City Engineer to prepare and file an Engineer's Annual Levy Report (hereafter referred to as the "Engineer's Report") in accordance with the Act, in connection with the levy and collection of assessments for the Palm Springs Street Lighting Maintenance District No. 2 (hereafter referred to as "District No. 2")for the fiscal year commencing July 1, 2008, and ending June 30, 2009; 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, on February 13, 2008, the City Council ordered the dissolution and abandonment of District No. 2; and, WHEREAS, the City Engineer has amended the Engineer's Report to disclose the City Council's order of dissolution and abandonment of District No. 2 in the Engineer's Report, ending all special benefits received from the improvements, operation, maintenance and services previously performed in District No. 2. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1, The above recitals are all true and correct. Section 2. The Engineer's Report as presented, 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. The Engineer's Report shall represent the final Engineer's Report for District No. 2, confirming the City Council's order of dissolution and abandonment of District No. 2. Section 3. 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. 00R6C, Resolution No. Page 2 ADOPTED THIS 5th day of March, 2008. David H. Ready, City Manager ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. _ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on March 5, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE DISSOLUTION AND ABANDONMENT OF STREET LIGHTING MAINTENANCE DISTRICT NO. 2 ("MCMANUS DRIVE") WHEREAS, the City Council has, by previous Resolutions, formed the Palm Springs Street Lighting Maintenance District No. 2 (hereafter referred to as "District No. 2") pursuant to the provisions of the Street Lighting Act of 1931, Part 2 of Division 14 of the Streets and Highways Code of the State of California, beginning with beginning with §18300 (hereafter referred to as the "Act"), that provides for the levy and collection of assessments by the City of Palm Springs to pay the maintenance and services of improvements and all appurtenant facilities and operations related thereto; and WHEREAS, the Engineer has previously prepared and filed with the City Clerk Engineers' Reports for District No. 2 for prior fiscal years, in accordance with the Act, identifying improvement costs in excess of the total assessments levied and collected by the City for District No. 2; and WHEREAS, on July 21, 2004, on July 19, 2006, and on January 16, 2008, a property owner protest ballot proceeding and election was conducted, pursuant to Article XIIID of the California Constitution, on the matter of approving an increase to the maximum annual assessment to be levied and collected by the City, as necessary to increase assessments to cover estimated annual expenses and to implement a Consumer Price Index ("CPI") annual inflator; and WHEREAS, the City Council has, by previous Resolutions, declared the results of the property owner protest proceedings and elections, whereby a majority protest to the increased annual levy of assessments existed; and WHEREAS, costs to operate and maintain the improvements for District No. 2 continue to increase above and beyond the total amount that may be levied and collected by the City for District No. 2; and WHEREAS, on February 13, 2008, the City Council ordered the dissolution and abandonment of District No. 2. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Following notice duly given, the City Council previously held a full and fair Public Hearing on January 16, 2008, regarding District No. 2, and considered all oral and written statements, protests and communications made or filed by interested persons. ooao�-i Resolution No. Page 2 Section 2. The City Council hereby orders the dissolution and abandonment of District No. 2 commencing with fiscal year 2008/2009, effective July 1, 2008. Section 3. The City Council hereby orders the City Engineer to cease payment of the costs and expenses of operation, maintenance, repair and servicing of street lighting and all appurtenant facilities and operations related thereto; and hereby orders the removal and/or abandonment of all street lighting improvements providing special benefits to properties located within District No. 2. Section 4. The City Clerk is hereby authorized and directed to file the order of dissolution of District No. 2 with the County Auditor upon adoption of this Resolution. ADOPTED THIS 5th day of March, 2008. David H. Ready, City Manager ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on March 5, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 000612 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND APPROVING THE FINAL ENGINEER'S REPORT AND IDENTIFYING THE DISSOLUTION AND ABANDONMENT OF PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO. 4 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 California, beginning with Section 22500 (hereinafter 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 levy and collection of assessments for the Palm Springs Street Lighting Maintenance District No. 4 (hereafter referred to as "District No. 4") for the fiscal year commencing July 1, 2008, and ending June 30, 2009; 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, on February 13, 2008, the City Council ordered the dissolution and abandonment of District No. 4; and, WHEREAS, the City Engineer has amended the Engineer's Report to disclose the City Council's order of dissolution and abandonment of District No. 4 in the Engineer's Report, ending all special benefits received from the improvements, operation, maintenance and services previously performed in District No. 4. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The above recitals are all true and correct. Section 2. The Engineer's Report as presented, 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. The Engineer's Report shall represent the final Engineer's Report for District No. 4, confirming the City Council's order of dissolution and abandonment of District No. 4. Section 3. 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. 0000 Resolution No. Page 2 ADOPTED THIS 5th day of March, 2008. David H. Ready, City Manager ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on March 5, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 00001 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE DISSOLUTION AND ABANDONMENT OF STREET LIGHTING MAINTENANCE DISTRICT NO. 4 ("EAGLE WAY AREA") WHEREAS, the City Council has, by previous Resolutions, formed the Palm Springs Street Lighting Maintenance District No. 4 (hereafter referred to as "District No. 4") pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereinafter referred to as the "Act"), that provides for the levy and collection of assessments by the City of Palm Springs to pay the maintenance and services of improvements and all appurtenant facilities and operations related thereto; and WHEREAS, the Engineer has previously prepared and filed with the City Clerk Engineers' Reports for District No. 4 for prior fiscal years, in accordance with the Act, identifying improvement costs in excess of the total assessments levied and collected by the City for District No. 4; and WHEREAS, on July 21, 2004, on July 19, 2006, and on January 16, 2008, a property owner protest ballot proceeding and election was conducted, pursuant to Article XIIID of the California Constitution, on the matter of approving an increase to the maximum annual assessment to be levied and collected by the City, as necessary to increase assessments to cover estimated annual expenses and to implement a Consumer Price Index ("CPI") annual inflator; and WHEREAS, the City Council has, by previous Resolutions, declared the results of the property owner protest proceedings and elections, whereby a majority protest to the increased annual levy of assessments existed; and WHEREAS, costs to operate and maintain the improvements for District No. 4 continue to increase above and beyond the total amount that may be levied and collected by the City for District No. 4; and WHEREAS, on February 13, 2008, the City Council ordered the dissolution and abandonment of District No. 4, with the provision that the City continue to fund the operation and maintenance of the street lighting improvements. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Following notice duly given, the City Council previously held a full and fair Public Hearing on January 16, 2008, regarding District No. 4, and considered all oral and written statements, protests and communications made or filed by Interested 000025 Resolution No. Page 2 persons. Section 2. The City Council hereby orders the dissolution and abandonment of District No. 4 commencing with fiscal year 2008/2009, effective July 1, 2008. Section 3. The City Council hereby orders the City Engineer to continue payment of the costs and expenses of operation, maintenance, repair and servicing of street lighting and all appurtenant facilities and operations related thereto; and hereby orders that all street lighting improvements providing special benefits to properties located within District No. 4 remain operational unless otherwise ordered to be removed and abandoned by separate action of the City Council. Section 4. The City Clerk is hereby authorized and directed to file the order of dissolution of District No. 4 with the County Auditor upon adoption of this Resolution. ADOPTED THIS 5th day of March, 2008. David H. Ready, City Manager ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on March 5, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California ooa �211� RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND APPROVING THE FINAL ENGINEER'S REPORT AND IDENTIFYING THE DISSOLUTION AND ABANDONMENT OF PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6B 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 California, beginning with Section 22500 (hereinafter 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 levy and collection of assessments for the Palm Springs Parkway Maintenance District No. 6B (hereafter referred to as "District No. 613") for the fiscal year commencing July 1, 2008, and ending June 30, 2009; 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, on February 13, 2008, the City Council ordered the dissolution and abandonment of District No. 66; and, WHEREAS, the City Engineer has amended the Engineer's Report to disclose the City Council's order of dissolution and abandonment of District No. 6B in the Engineer's Report, ending all special benefits received from the improvements, operation, maintenance and services previously performed in District No, 6B. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The above recitals are all true and correct. Section 2. The Engineer's Report as presented, 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. The Engineer's Report shall represent the final Engineer's Report for District No. 6B, confirming the City Council's order of dissolution and abandonment of District No. 613. Section 3. 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. Oa0017 Resolution No. Page 2 ADOPTED THIS 5th day of March, 2008. David H. Ready, City Manager ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. _ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on March 5, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE DISSOLUTION AND ABANDONMENT OF PARKWAY MAINTENANCE DISTRICT NO. 66 ("PARKSIDE ESTATES") WHEREAS, the City Council has, by previous Resolutions, formed the Palm Springs Street Lighting Maintenance District No_ 6B (hereafter referred to as "District No. 613") pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereinafter referred to as the "Act"), that provides for the levy and collection of assessments by the City of Palm Springs to pay the maintenance and services of improvements and all appurtenant facilities and operations related thereto; and WHEREAS, the Engineer has previously prepared and filed with the City Clerk Engineers' Reports for District No. 613 for prior fiscal years, in accordance with the Act, identifying improvement costs in excess of the total assessments levied and collected by the City for District No. 613; and WHEREAS, on July 21, 2004, on July 19, 2006, and on January 16, 2008, a property owner protest ballot proceeding and election was conducted, pursuant to Article XIIID of the California Constitution, on the matter of approving an increase to the maximum annual assessment to be levied and collected by the City, as necessary to increase assessments to cover estimated annual expenses and to implement a Consumer Price Index ("GPI") annual inflator; and WHEREAS, the City Council has, by previous Resolutions, declared the results of the property owner protest proceedings and elections, whereby a majority protest to the increased annual levy of assessments existed; and WHEREAS, costs to operate and maintain the improvements for District No. 6B continue to increase above and beyond the total amount that may be levied and collected by the City for District No. 613; and WHEREAS, on February 13, 2008, the City Council ordered the dissolution and abandonment of District No. 68, with the provision that the City continue to fund the operation and maintenance of the street lighting improvements. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Following notice duly given, the City Council previously held a full and fair Public Hearing on January 16, 2008, regarding District No. 6B, and considered all oral and written statements, protests and communications made or filed by interested 00001 Resolution No. Page 2 persons. Section 2. The City Council hereby orders the dissolution and abandonment of District No. 6B commencing with fiscal year 2008/2009, effective July 1, 2008. Section 3_ The City Council hereby orders the City Engineer to cease payment of the costs and expenses of operation, maintenance, repair and servicing of parkway landscaping and all appurtenant facilities and operations related thereto; and hereby orders the abandonment of all parkway landscaping improvements providing special benefits to properties located within District No. 6B. Section 4. The City Clerk is hereby authorized and directed to file the order of dissolution of District No. 6B with the County Auditor upon adoption of this Resolution. ADOPTED THIS 5th day of March, 2008. David H. Ready, City Manager ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on March 5, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT FOR FISCAL YEAR 2008/2009 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, 2008, and ending June 30, 2009; 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. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1_ The above recitals are all true and correct. Section 2. The Engineer's Report as presented consists of the following: a) A Description of District No. 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 2008/2009. Section 3. The Engineer's Report as presented, is hereby approved, 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. 6�0021 Resolution No. Page 2 ADOPTED THIS 5th day of March, 2008. David H. Ready, City Manager ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. _ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on March 5, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California GGA612'2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2008/2009 WITHIN THE. PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 7 ("SUNRISE NORTE") 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. 7, (hereafter referred to as "District No. 7")for the fiscal year commencing July 1, 2008, and ending June 30, 2009, 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, 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, 2008, and ending June 30, 2009, to pay the costs and expenses of operation, maintenance, repair and servicing of street lighting and all appurtenant facilities and operations related thereto. 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. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Following notice duly given, on January 16, 2008, the City Council held a full and fair Public Hearing regarding 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 denied the increased special 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 Resolution No. Page 2 has been filed with the City Clerk, the City Council hereby finds and determines that: 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, 2008, and ending June 30, 2009. d) In accordance with Article XIIID of the California Constitution,following a property owner protest ballot proceeding conducted January 16, 2008, in accordance with state law, the assessment amounts described in the Engineer's Report are approved at amounts equal to or less than the maximum assessment amounts previously approved by property owner petition or balloting. e) Total expenses within District No. 7, necessary to ensure the ongoing maintenance and servicing of parkway landscape improvements installed in connection with development of properties within the District, shall be limited to the total revenues collected through an annual levy. 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 a reduction of services, including reduced landscape maintenance services, as necessary to ensure total expenses do not exceed the total revenues available for District No. 7, collected through special assessments levied on parcels within District No. 7. The improvements to be maintained within District No. 7 are briefly described as the maintenance, operation, administration and servicing of the improvements related to 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 Resolution No. Page 3 County taxes are collected_After collection bythe 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, 2008, and ending June 30, 2009. Section 8. The City Clerk is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution. ADOPTED THIS 5th day of March, 2008. David H. Ready, City Manager ATTEST: James Thompson, City Clerk 90O'g,2 � Resolution No. Page 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. _ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on March 5, 2008, by the following Vote: AYES_ NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California City of Palm Springs—Engineer's Report Street Lighting Maintenance District No.1, Belardo Road Area CITY OF PALM SPRINGS ENGINEER'S REPORT STREET LIGHTING MAINTENANCE DISTRICT NO. 1 "BELARDO ROAD AREA" FISCAL YEAR 2008/2009 OF PAI M S X,� u cn �pOHATto CqL � Fp R��P Intent Meeting: November 7, 2007 Public Hearing: January 16, 2008 Confirmed: March 5, 2008 City of Palm Springs— Engineer's Report Street Lighting Maintenance District No.1, Belardo Road Area Engineer's Report Affidavit Palm Springs Street Lighting Maintenance District No. 1, "Belardo Road Area" This Report describes the District including the improvements, budget, parcels and assessments to be levied for fiscal year 2008/2009, as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council. Dated this 7th day of November, 2007 pROFESS.11 a 28931 m By: cMl David J. Barakian, P.E. ���FGALIFOR�`P Director of Public Works/City Engineer City of Palm Springs Civil Engineer C 28931 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No.1, Belardo Road Area CITY OF PALM SIZINGS ENGINEER'S REPORT STREET LIGHTING MAINTENANCE DISTRICT NO. 1 BELARDO ROAD AREA FISCAL YEAR 2008/2009 The Undersigned respectfully submits the enclosed report as directed by the City Council. The undersigned certifies that he is a Professional Engineer, registered in the State of California. David J. Barakian, PE 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 7th day of November, 2007; yof Thompson, City Clerk 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 5th day of March, 2008. - rfies Thompson, City Clerk ty of Palm Springs County of Riverside, California City of Palm Springs—Engineer's Report Street Lighting Maintenance District No.1, Belardo Road Area TABLE OF CONTENTS EXECUTIVESUMMARY................................................. ......... ................................................2 A. Introduction .......................... .... . ...... .... .... .................................................2 B. Overview..................................................... ..................................................3 DESCRIPTION OF THE DISTRICT .. .................................................................. .. .. ---- --4 A. Description of the District ....................... .... ..................................................4 B. Description of Improvements and Services ..................... .............. ...... ........4 METHOD OF APPORTIONMENT............... ...... .......................... ..................................4 A. General... ...................................... .....................................................4 B. Benefit Analysis............................................................................ 5 C. Assessment Methodology.............................................................................. 5 D. Assessment Formula....................... ..... . ............... ...................5 DISTRICTBUDGET........................................... ........................ ..................................5 APPENDIX A— District Diagram .................................................... .......................5 APPENDIX B —Assessment Roll. .. -- .................................................. .. .. .. ........................7 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No.1, Belardo Road Area EXECUTIVE SUMMARY A. INTRODUCTION The purpose of this Engineer's Report (hereinafter referred to as the "Final Report") was 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. 1 ("Belardo Road Area"), (hereinafter referred to as the "District"), for fiscal year 2008/2009, in compliance with the requirements of the Street Lighting Act of 1931 (hereinafter referred to as the "1931 Act") which is Part 2 of Division 14 of the California Streets and Highways Code and as provided by Article XIII D of the California Constitution (hereinafter referred to as "Article XIII D"). This District was formed to supplement certain City revenues and help finance the costs of providing for the maintenance of certain public improvements, including, but not limited to street lighting, within the District's boundaries. This Final Report is prepared to document the dissolution and abandonment of the District, and to cease payment of the costs and expenses of operation, maintenance, repair and servicing of street lighting and all appurtenant facilities and operations related thereto; and to remove and/or abandon all street lighting improvements providing special benefits to properties located within the District. The City initiated proceedings for annual levying of assessments within the District by passing a resolution, which stated that the District was established under the Act. This resolution also described the improvements, described the name and location of the District, and preliminarily approved the Engineer's Report (hereinafter referred to as the "Preliminary Report"). The Preliminary Report prepared by the engineer included 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. In 2004, the City initiated proceedings to increase the existing maximum annual assessments within the District, such that additional improvements to the street lighting system could occur, and that funds collected for this District could equal the current costs to operate and maintain the improvements. At the July 21, 2004, City Council meeting, a Public Hearing was conducted and a property owner protest ballot proceeding concluded, with the failure of the proposed increase to the existing maximum annual assessments within the District. In 2005, upon adoption of the confirmed Engineer's Report for this District for the 2005/2006 fiscal year, the City Council directed the City Engineer to schedule property owner protest ballot proceedings on the matter of approving an increase to the maximum annual assessment, as necessary to increase assessments to cover estimated annual expenses and to implement a Consumer Price Index ("CPI") annual inflator. At the July 19, 2006, City Council meeting, a Public Hearing was conducted and a property owner protest ballot proceeding concluded, with the failure of the proposed increase to the existing maximum annual assessments within the District. The Engineer's Report continued to disclose the Lighting Maintenance District No.I-Engineer's Report Page 2 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No.1, Belardo Road Area fact that the District is operating with a deficit, and continued to require the supplement of General Fund revenues from the City to operate and maintain the improvements within this District. In 2007, upon adoption of the confirmed Engineer's Report for this District for the 2007/2008 fiscal year, the City Council directed the City Engineer to schedule a third and final property owner protest ballot proceeding on the matter of approving an increase to the maximum annual assessment, as necessary to increase assessments to cover estimated annual expenses and to implement a Consumer Price Index ("CPI") annual inflator. On January 16, 2008, the property owner protest ballot proceeding was conducted, and in accordance with requirements of the California State Constitution Article XIIIC and XIIID ("Proposition 218"), increased annual assessments and implementation of a CPI annual inflator were denied by a majority protest vote of property owners. On February 13, 2008, the City Council considered the continuation of General Fund subsidies to supplement restricted assessment revenues, and determined that elimination of services and abandonment (dissolution) of the District was necessary. On March 5, 2008, this Engineer's Report was amended to reflect the previous City Council direction, and represents the final Engineer's Report for the District. B. OVERVIEW The District described in this report contained parcels of land within the area referred to as the "Belardo Road Area". The City previously proposed to annually levy and collect special assessments to continue the maintenance of the improvements within the District. Assessments within the District were proposed to be levied pursuant to the provisions of the Street Lighting Act of 1931, Division 14, Part 2 of the Streets and Highways Code. The assessments described in the Preliminary Report filed with the City Clerk on November 7, 2007, were to be levied upon each parcel within the boundaries of the District and assessments proportional to the special benefit received from the maintenance of the improvements. For the District, a benefit assessment rate per Parcel was established based upon estimated and actual operations and maintenance costs for the year. This established the maximum approved benefit assessment rate ("Maximum Rate") for the current year. Commencing with fiscal year 2009/2010, and then each subsequent year, the maximum assessment rate was proposed to be increased based upon the Consumer Price Index, All Urban Consumers, for the Los Angeles-Orange-Riverside County Area ("CPI"), as determined by the United States Department of Labor, Bureau of Labor Statistics, or its successor. The Engineer was to compute the percentage difference between the CPI for the latest monthly statistical data available each year at the time the Engineer's Report was prepared, with the CPI for the same monthly statistical data from the prior year, and would then adjust the maximum existing assessment by an amount not to exceed such percentage for the following fiscal year. Should the Bureau of Labor Statistics revised such index or discontinued the preparation of such index, the Engineer was to use the revised index or a comparable system as approved by the City Council for determining fluctuations in the cost of living. Pursuant to City Council direction given on February 13, 2008, the Preliminary Report has been amended to reflect the dissolution and abandonment of the District. Lighting Maintenance District No.I-Engineer's Report Page 3 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No.1, Belardo Road Area DESCRIPTION OF THE DISTRICT A. DESCRIPTION OF THE DISTRICT The District, identified as the "Belardo Road Area", was generally located within the area between Tahquitz Canyon Way on the north, Tahquitz Drive on the west, Belardo Road on the east, and Baristo Road on the south. The purpose of the District was to ensure the ongoing maintenance, operation and servicing of local street lighting and electrical improvements installed within the District. This District provided the financial mechanism (annual assessments) by which the ongoing operation and maintenance of these improvements was funded. The District structure, method of apportionment and assessments described in the Preliminary Report were based on existing improvement plans and 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 was to ensure the ongoing maintenance, operation and servicing of street lighting improvements within the District. These improvements included, but were not limited to, all materials, equipment, utilities, labor and appurtenant facilities related to those improvements. The improvements were installed and were maintained and funded entirely or partially through the District assessments and generally included the following: • Street lighting facilities located within the "Belardo Road Area"; and • All appurtenant facilities, equipment, materials and utilities related to the aforementioned improvements. The estimated annual cost to provide and maintain the improvements within the District was allocated to each property in proportion to the special benefits received. The Method of apportionment used in the Preliminary Report utilized commonly accepted assessment engineering practices. Public Street Lighting and Electrical Improvements The street lighting and electrical improvements included, but were not limited to, electrical energy, lighting fixtures, poles, meters, conduits, electrical cable and associated appurtenant facilities associated with: All street lighting within the Street Lighting Maintenance District No. 1 ("Belardo Road Area")- METHOD OF APPORTIONMENT A. GENERAL Pursuant to the City Council's direction to abandon and dissolve the District, there no longer exist improvements that provide special benefits conferred to parcels within the District. No apportionment of assessments for special benefits is necessary. Lighting Maintenance District No-I-Engineer's Report Page 4 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No.1, Selardo Road Area B. BENEFIT ANALYSIS Pursuant to the City Council's direction to abandon and dissolve the District, there no longer exist improvements that provide special benefits conferred to parcels within the District. No analysis of special benefits is necessary. C. ASSESSMENT METHODOLOGY Pursuant to the City Council's direction to abandon and dissolve the District, there no longer exist improvements that provide special benefits conferred to parcels within the District. No methodology of assessments for special benefits is necessary. D. ASSESSMENT FORMULA Pursuant to the City Council's direction to abandon and dissolve the District, there no longer exist improvements that provide special benefits conferred to parcels within the District. No formula of assessments for special benefits is necessary. DISTRICT BUDGET Pursuant to the City Council's direction to abandon and dissolve the District, there no longer exist improvements that provide special benefits conferred to parcels within the District. A District Budget is no longer necessary. APPENDIX A- DISTRICT DIAGRAM The parcels within the Palm Springs Street Lighting Maintenance District No.1 ("Belardo Road Area"), are shown on the current Riverside County Assessor's Parcel Map Book 513 Pages 12-18, 20, 47, 50, 53, and 56. This County Assessor's Parcel Map along with the Assessment Roll constitutes the District Assessment Diagram. A copy of the Street Lighting District No.1 ("Belardo Road Area") Boundary is shown on the following page. The District Diagram is shown for informational purposes only, to document the area of the District which has been dissolved and abandoned pursuant to order of the City Council, Lighting Maintenance District No.I-Engineer's Report Page 5 N ...,...>i .,rr.•JPw'- -r......r.r��i.y�::1� ... Mxc:7a» • +^f� t I I' •,x � I ` � � T Pur/Z ,Mc CAtC I/N _ O.P/YE C IY , : ;;;:;; a A�— ID � p � O .,� A f !� i .�..; A ..k wr iE n..w 5� I• i j .�I; a 'i � L � O ARE ROAD r •.rr y •_— _— 5' B Et C 8 •I F z Ea".r< ^. x: �«•+.+ o $� �.� • o z IQ_ pF[ f AM— pp r '.,.4.. ; a,.�..a _ >•".w --u v N I !. h 6 t Pl i !2 9 © •! lre.ees O O f� a �^ ; o ��` ��r a F3 � 0 � ,,.-...arn ,r. � :i s . j t+ a: CQ'�� � •�, o ZL {' w rcoj B m..y 9 n,�r., v "A T'�"r- •© ,.eu :y, - — — L! 1 B u •.�jia,, 3 C1IS Fu .y l7f I$ /Gera-- — -----.- BARIST4 ROAD • n ! 1 �Iq!!. nr.. ..r rN .n.., .0 J �1 ` O y r G9 1 r g'_ 'S „�OXT%'T . IGWv:MRY r.!• IGWv:MRY••! 72 oo STREET LIGHTING DISTRICT NO. ' oo�aa " ca�oo� � 1 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No.1, Belardo Road Area 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 Maps 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. The Assessment Roll is shown for informational purposes only, to document the end of an annual levy and collection of assessments within the District, which has been dissolved and abandoned pursuant to order of the City Council. Lighting Maintenance District No.I-Engineer's Report Page 7 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No.1, Belardo Road Area RIVERSIDE COUNTY ASSESSMENT ROLL STREET LIGHTING MAINTENANCE DISTRICT NO.1 ("BELARDO ROAD AREA") FISCAL YEAR 2008/2009 FUND NO. 68-2605 ASSESSOR'S ASSESSMENT ASSESSOR'S ASSESSMENT PARCEL NUMBER PARCEL NUMBER 513-120-010-9 $0 513-121-002-5 $0 513-120-011-0 $0 513-121-003-6 $0 513-120-012-1 $0 513-131-017-0 $0 513-120-013-2 s0 513-131-020-2 $0 513-120-015-4 $0 513-131-021-3 $0 513-120-016-5 $0 513-131-022-4 $0 513-120-017-6 $0 513-131-023-5 $0 513-120-025-3 $0 513-132-004-1 $0 513-120-026-4 $0 513-132-005-2 $0 513-120-028-6 $0 513-132-006-3 $0 513-120-029-7 $0 513-132-007-4 $0 513-120-040-6 $0 513-132-009-6 $0 513-120-041-7 $0 513-132-017-3 $0 513-120-042-8 $0 513-132-018-4 $0 513-120-045-1 $0 513-133-001-1 $0 513-120-046-2 $0 513-133-002-2 SO 513-120-047-3 $0 513-133-004-4 $0 513-120-048-4 $0 513-133-005-5 $0 513-120-049-5 $0 513-133-006-6 $0 513-120-050-5 $0 513-133-008-8 $0 513-120-051-6 $0 513-133-012-1 $0 513-120-052-7 $0 513-133-013-2 $0 513-120-054-9 $0 513-133-014-3 $0 513-121-001-4 $0 513-133-016-5 $0 Lighting Maintenance District No.1- Engineer's Report Page 8 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No.1, Belardo Road Area ASSESSOR'S ASSESSMENT ASSESSOR'S ASSESSMENT PARCEL NUMBER PARCEL NUMBER 513-134-001-4 $0 513-135-021-5 $0 513-134-002-5 $0 513-135-022-6 $0 513-134-003-6 $0 513-135-023-7 $0 513-134-004-7 $0 513-135-024-8 $0 513-134-005-8 $0 513-136-001-0 $0 513-134-006-9 $0 513-136-002-1 $0 513-134-007-0 $0 513-136-003-2 $0 513-134-008-1 $0 513-136-004-3 $0 513-134-009-2 $0 513-136-005-4 $0 513-134-010-2 $0 513-136-006-5 $0 513-135-001-7 $0 513-136-007-6 $0 513-135-002-8 $0 513-136-008-7 $0 513-135-003-9 $0 513-141-001-6 $0 513-135-004-0 $0 513-141-004-9 $0 513-135-005-1 $0 513-141-005-0 $0 513-135-006-2 $0 513-141-011-5 $0 513-135-008-4 $0 513-141-013-7 $0 513-135-009-5 $0 513-141-015-9 $0 513-135-010-5 $0 513-141-016-0 $0 513-135-011-6 $0 513-142-001-9 $0 513-135-012-7 $0 513-142-003-1 $0 513-135-013-8 $0 513-143-006-7 $0 513-135-014-9 $0 513-143-008-9 $0 513-135-015-0 $0 513-143-009-0 $0 513-135-016-1 $0 513-151-002-8 $0 513-135-017-2 $0 513-151-006-2 $0 513-135-019-4 $0 513-151-007-3 $0 513-135-020-4 $0 513-151-010-5IL $0 Lighting Maintenance District No.1-Engineer's Report Page 9 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No.1, Belardo Road Area ASSESSOR'S ASSESSMENT ASSESSOR'S ASSESSMENT PARCEL NUMBER PARCEL NUMBER 513-151-013-8 $0 513-155-004-2 $0 513-151-014-9 $0 513-155-005-3 $0 513-151-015-0 $0 513-155-006-4 $0 513-151-016-1 $0 513-155-007-5 $0 513-151-024-8 $0 513-155-008-6 $0 513-151-025-9 $0 513-155-009-7 $0 513-151-030-3 $0 513-155-010-7 $0 513-151-031-4 $0 513-155-011-8 $0 513-151-035-8 $0 513-155-012-9 $0 513-151-037-0 $0 513-155-013-0 $0 513-151-038-1 $0 513-155-014-1 $0 513-151-039-2 $0 513-155-015-2 $0 513-151-040-2 $0 513-155-016-3 $0 513-151-041-3 $0 513-155-017-4 $0 513-151-042-4 $0 513-155-018-5 $0 513-151-043-5 $0 513-155-019-6 $0 513-151-044-6 $0 513-155-020-6 $0 513-151-047-9 $0 513-155-021-7 $0 513-153-001-3 $0 513-155-022-8 $0 513-153-024-4 $0 513-155-023-9 $0 513-153-034.3 $0 513-155-024-0 $0 513-155-001-9 $0 513-155-025-1 $0 513-155-002-0 $0 513-155-026-2 $0 513 155 003 1 $0 513-155-027-3 $0 Lighting Maintenance District No,1-Engineer's Report Page 10 City of Palm Springs- Engineer's Report Street Lighting Maintenance District No.1, Belardo Road Area ASSESSOR'S ASSESSMENT ASSESSOR'S ASSESSMENT PARCEL NUMBER PARCEL NUMBER 513-155-028-4 $0 513-201-002-2 $0 513-155-029-5 $0 513-202-001-4 $0 513-155-030-5 $0 513-202-002-5 $0 513-155-031-6 s0 513-203-013-8 $0 513-160-001-5 $0 513-470-001-3 $0 513-160-002-6 $0 513-470-002-4 $0 513-160-003-7 $0 513-470-003-5 $0 513-160-004-8 $0 513-470-004-6 $0 513-160-005-9 $0 513-470-005-7 $0 513-160-006-0 $0 513-470-006-8 $0 513-160-007-1 $0 513-470-007-9 $0 513-160-008-2 $0 513-470-008-0 $0 513-170-001-6 $0 513-470-009-1 $0 513-170-002-7 $0 513-470-010-1 $0 513-170-003-8 $0 513-470-013-4 $0 513-170-004-9 $0 513-470-014-5 $0 513-170-005-0 $0 513-501-001-8 $0 513-181-023-0 $0 513-501-002-9 $0 513-182-001-3 $0 513-501-003-0 $0 513-182-003-5 $0 513-501-004-1 $0 513-182-004-6 $0 513-501-005-2 $0 513-182-024-4 $0 513-501-006-3 $0 513-182-025-5 $0 513-501-007-4 $0 513-201-001-1 $0 513-501-008-5 $0 Lighting Maintenance District No.I-Engineer's Report Page 11 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No.1, Belardo Road Area ASSESSOR'S ASSESSMENT ASSESSOR'S ASSESSMENT PARCEL NUMBER PARCEL NUMBER 513-501-009-6 $0 513-530-003-0 $0 513-501-010-6 $0 513-530-004-1 $0 513-530-001-8 $0 513-560-009-9 $0 513-530-002-9 $0 TOTAL ASSESSMENT: $0 Lighting Maintenance District No-I-Engineer's Report Page 12 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 2, McManus Drive CITY OF PALM SPRINGS ENGINEER'S REPORT STREET LIGHTING MAINTENANCE DISTRICT NO. 2 "McMANUS DRIVE" FISCAL YEAR 2008/2009 OF QALM S U LA m 'k Afp ,yro rF �0aenTev CgZ / FO?, Intent Meeting: November 7, 2007 Public Hearing: January 16, 2008 Confirmed: March 5, 2008 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No, 2, McManus Drive Engineer's Report Affidavit Palm Springs Street Lighting Maintenance District No. 2, "McManus Drive" This Report describes the District including the improvements, budget, parcels and assessments to be levied for fiscal year 2008/2009, as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council. Dated this 7th day of November, 2007 F�SSIO BA F / 28931 Xl-�It FXPJe i By: * CM4 David J. Barakian, P.E. �Tq OFCA��F�� Director of Public Works/City Engineer City of Palm Springs Civil Engineer C 28931 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 2, McManus Drive CITY OF PALM SRINGS ENGINEER'S REPORT STREET LIGHTING MAINTENANCE DISTRICT NO. 2 McMANUS DRIVE FISCAL YEAR 2008/2009 The Undersigned respectfully submits the enclosed report as directed by the City Council. The undersigned certifies that he is a Professional Engineer, registered in the State of California. �/I 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 7th day of - November, 2007. Jz(mes Thompson, City Clerk ity 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 5th day of March, 2008. James Thompson, City Clerk City of Palm Springs County of Riverside, California City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 2, McManus Drive TABLE OF CONTENTS EXECUTIVE SUMMARY .. -- .. -- --......................................................................................2 A. Introduction........................... ......... .... .. .......................................................2 B. Overview ........................................................................................................3 DESCRIPTION OF THE DISTRICT............................................................................................4 A. Description of the District --- -- -- -- .. .. .. ......................................4 B. Description of Improvements and Services.....................................................4 METHOD OF APPORTIONMENT...... ...... . .... .... .....................................................................4 A. General.................................. .... .... ..............................................................4 B. Benefit Analysis................................................ .. .. ......................................5 C. Assessment Methodology ...........................................................................5 D. Assessment Formula.............. .. -- .. .. -- .. .. .. .. ..............................5 DISTRICTBUDGET........................................................................................... .... . . ...... ........5 APPENDIX A-- District Diagram ............................................................... ...........................5 APPENDIX B —Assessment Roll .............................. ........................................ 7 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 2, McManus Drive EXECUTIVE SUMMARY A. INTRODUCTION The purpose of this Engineer's Report (hereinafter referred to as the "Final Report") was to set forth the engineering analysis and findings for the levy of assessments in the City of Palm Springs (hereinafter referred to as the "City") Street Lighting Maintenance District No. 2 ("McManus Drive"), (hereinafter referred to as the "District"), for fiscal year 2008/2009, in compliance with the requirements of the Street Lighting Act of 1931 (hereinafter referred to as the "1931 Act") which is Part 2 of Division 14 of the California Streets and Highways Code and as provided by Article XIII D of the California Constitution (hereinafter referred to as "Article XIII D"). This District was formed to supplement certain City revenues and help finance the costs of providing for the maintenance of certain public improvements, including, but not limited to street lighting, within the District's boundaries. This Final Report is prepared to document the dissolution and abandonment of the District, and to cease payment of the costs and expenses of operation, maintenance, repair and servicing of street lighting and all appurtenant facilities and operations related thereto; and to remove and/or abandon all street lighting improvements providing special benefits to properties located within the District. The City initiated proceedings for annual levying of assessments within the District by passing a resolution, which stated that the District was established under the Act. This resolution also described the improvements, described the name and location of the District, and preliminarily approved the Engineer's Report (hereinafter referred to as the "Preliminary Report"). The Preliminary Report prepared by the engineer included 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. In 2004, the City initiated proceedings to increase the existing maximum annual assessments within the District, such that additional improvements to the street lighting system could occur, and that funds collected for this District could equal the current costs to operate and maintain the improvements. At the July 21, 2004, City Council meeting, a Public Hearing was conducted and a property owner protest ballot proceeding concluded, with the failure of the proposed increase to the existing maximum annual assessments within the District. In 2005, upon adoption of the confirmed Engineer's Report for this District for the 2005/2006 fiscal year, the City Council directed the City Engineer to schedule property owner protest ballot proceedings on the matter of approving an increase to the maximum annual assessment, as necessary to increase assessments to cover estimated annual expenses and to implement a Consumer Price Index ("CPI") annual inflator. At the July 19, 2006, City Council meeting, a Public Hearing was conducted and a property owner protest ballot proceeding concluded, with the failure of the proposed increase to the existing maximum annual assessments within the District. The Engineer's Report continued to disclose the fact that the District is operating with a deficit, and continued to require the supplement of General Fund revenues from the City to operate and maintain the improvements within this District. City of Palm Springs, Lighting Maintenance District No. 2 Page 2 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 2, McManus Drive In 2007, upon adoption of the confirmed Engineer's Report for this District for the 2007/2008 fiscal year, the City Council directed the City Engineer to schedule a third and final property owner protest ballot proceeding on the matter of approving an increase to the maximum annual assessment, as necessary to increase assessments to cover estimated annual expenses and to implement a Consumer Price Index ("CPI") annual inflator. On January 16, 2008, the property owner protest ballot proceeding was conducted, and in accordance with requirements of the California State Constitution Article XIIIC and XIIID ("Proposition 218"), increased annual assessments and implementation of a CPI annual inflator were denied by a majority protest vote of property owners_ On February 13, 2008, the City Council considered the continuation of General Fund subsidies to supplement restricted assessment revenues, and determined that elimination of services and abandonment (dissolution) of the District was necessary. On March 5, 2008, this Engineer's Report was amended to reflect the previous City Council direction, and represents the final Engineer's Report for the District. B. OVERVIEW The District described in this report contained parcels of land within the area referred to as the "McManus Drive". The City previously proposed to annually levy and collect special assessments to continue the maintenance of the improvements within the District. Assessments within the District were proposed to be levied pursuant to the provisions of the Street Lighting Act of 1931, Division 14, Part 2 of the Streets and Highways Code. The assessments described in the Preliminary Report filed with the City Clerk on November 7, 2007, were to be levied upon each parcel within the boundaries of the District and assessments proportional to the special benefit received from the maintenance of the improvements. For the District, a benefit assessment rate per Parcel was established based upon estimated and actual operations and maintenance costs for the year. This established the maximum approved benefit assessment rate ("Maximum Rate') for the current year. Commencing with fiscal year 2009/2010, and then each subsequent year, the maximum assessment rate was proposed to be increased based upon the Consumer Price Index, All Urban Consumers, for the Los Angeles-Orange-Riverside County Area ("CPI"), as determined by the United States Department of Labor, Bureau of Labor Statistics, or its successor. The Engineer was to compute the percentage difference between the CPI for the latest monthly statistical data available each year at the time the Engineer's Report was prepared, with the CPI for the same monthly statistical data from the prior year, and would then adjust the maximum existing assessment by an amount not to exceed such percentage for the following fiscal year. Should the Bureau of Labor Statistics revised such index or discontinued the preparation of such index, the Engineer was to use the revised index or a comparable system as approved by the City Council for determining fluctuations in the cost of living. Pursuant to City Council direction given on February 13, 2008, the Preliminary Report has been amended to reflect the dissolution and abandonment of the District. City of Palm Springs, Lighting Maintenance District No. 2 Page 3 City of Palm Springs— Engineer's Report Street Lighting Maintenance District No. 2, McManus Drive DESCRIPTION OF THE DISTRICT A. DESCRIPTION OF THE DISTRICT The District, identified in this Report as "McManus Drive', contained parcels of land within the residential area generally located along McManus Drive between Saturmino Drive and Sunset Way, consisting of Lots 96-121 of the Map of"Desert Palm Estates". The purpose of the District was to ensure the ongoing maintenance, operation and servicing of local street lighting and electrical improvements installed within the District. This District provided the financial mechanism (annual assessments) by which the ongoing operation and maintenance of these improvements was funded. The District structure, method of apportionment and assessments described in the Preliminary Report were based on existing improvement plans and 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 was to ensure the ongoing maintenance, operation and servicing of street lighting improvements within the District. These improvements included, but were not limited to, all materials, equipment, utilities, labor and appurtenant facilities related to those improvements. The improvements were installed and were maintained and funded entirely or partially through the District assessments and generally included the following: • Street lighting facilities located within "McManus Drive'; and • All appurtenant facilities, equipment, materials and utilities related to the aforementioned improvements. The estimated annual cost to provide and maintain the improvements within the District was allocated to each property in proportion to the special benefits received. The Method of apportionment used in the Preliminary Report utilized commonly accepted assessment engineering practices. Public Street Lighting and Electrical Improvements The street lighting and electrical improvements included, but were not limited to, electrical energy, lighting fixtures, poles, meters, conduits, electrical cable and associated appurtenant facilities associated with: All street lighting within the Street Lighting Maintenance District No. 2 ("McManus Drive"). METHOD OF APPORTIONMENT A. GENERAL Pursuant to the City Council's direction to abandon and dissolve the District, there no longer exist improvements that provide special benefits conferred to parcels within the District. No apportionment of assessments for special benefits is necessary. City of Palm Springs, lighting Maintenance District No. 2 Page 4 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No, 2, McManus Drive B. BENEFIT ANALYSIS Pursuant to the City Council's direction to abandon and dissolve the District, there no longer exist improvements that provide special benefits conferred to parcels within the District. No analysis of special benefits is necessary. C. ASSESSMENT METHODOLOGY Pursuant to the City Council's direction to abandon and dissolve the District, there no longer exist improvements that provide special benefits conferred to parcels within the District. No methodology of assessments for special benefits is necessary. D. ASSESSMENT FORMULA Pursuant to the City Council's direction to abandon and dissolve the District, there no longer exist improvements that provide special benefits conferred to parcels within the District. No formula of assessments for special benefits is necessary. DISTRICT BUDGET Pursuant to the City Council's direction to abandon and dissolve the District, there no longer exist improvements that provide special benefits conferred to parcels within the District. A District Budget is no longer necessary. APPENDIX A- DISTRICT DIAGRAM The parcels within the Palm Springs Street Lighting Maintenance District No. 2 ("McManus Drive"), are shown on the current Riverside County Assessor's Parcel Map Book 502 Pages 03 and 04. This County Assessor's Parcel Map along with the Assessment Roll constitutes the District Assessment Diagram. A copy of the Street Lighting Maintenance District No. 2 ("McManus Drive") Boundary is shown on the following page. The District Diagram is shown for informational purposes only, to document the area of the District which has been dissolved and abandoned pursuant to order of the City Council. City of Palm Springs, Lighting Maintenance District No. 2 Page 5 co {Notr SL-hID 2mar,a!sesmentanpmved atS4,2SOAO to 19M;) m r— !O O AAA AY r ES;-4 x� sc+t rr .J. , Ndnvr salrnuf .. 3 (/� 2 eSf•IAt 'S= -r.+.ti-z-sariaP - I .ar .w.�. I ..,...� :l ; OlL•P/} - ... .. I R.a ��� ' !l�,1_P.e.I/f, .r.,r• __�_1>Y.eJ 3 3 ? j� ID If[.p�. •�+.r-_^`.:.'r.__-:. r ,3 m �O Play_//]- //e-Ple `]S -� .. �3 'Sr j -r Y 1 } T =':� �� �' aPi C Iefy/I I !tL•PaJ GL{.00d� seF.IP7�1 �i ffr}'` 1 - _ sty,y,VS. -r.•su..r r...ua •- MC Sf f Q _• " -_ ,- _ _ �•�' 'T nsi /sir-=3�" .. •�'a'..rY•.rl. D.RIYl• _ .M _� O �. ¢il . t!r _ ;. _K r ""•.• rf•r� "r7 .]rn +`' •'2 21 °r = Ou '�a • ' � .. -. . �.._ --�- i� NN }i13. rrl rt ; !r3 J /r+ Ilf ♦ Itd 3�! !rr © �.. �k �(.�.1' Ei - S ! Id y eIf /i3-OIt 9Ji-IIPa 13}.OP{ ,ydf./pQ, �" ei 3' C�3;/Il T L=—�--'--er-__ f :_ __ !_ r•'__� _='�' —�-- "• _ � s• i Pes-.vr �..rs� ..s � .Pss.P/,c i ifs Dos � l y n m j rxur.r�cxPr-f, y asnorr IPtd'D p MC MANUS DRIV EF r15.,P,APPER'F1E$EoAk1ED T95L 5TR EET P HING MAiNTERANCE U(2+MNG ACT O 1ss1, m DISTRICT NO.2 03 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 2, McManus Drive 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 Maps 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. The Assessment Roll is shown for informational purposes only, to document the end of an annual levy and collection of assessments within the District, which has been dissolved and abandoned pursuant to order of the City Council. City of Palm Springs, Lighting Maintenance District No. 2 Page 7 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 2, McManus Drive RIVERSIDE COUNTY ASSESSMENT ROLL STREET LIGHTING MAINTENANCE DISTRICT NO2 ("McMANUS DRIVE") FISCAL YEAR 2008/2009 FUND NO, 68-2611 ASSESSOR'S PARCEL ASSESSMENT NUMBER 502-034-009-3 $0 502-034-010-3 $0 502-034-013-6 $0 502-034-014-7 $0 502-034-015-8 $0 502-034-016-9 $0 502-034-019-2 $0 502-035-001-8 $0 502-035-002-9 $0 502-035-003-0 $0 502-035-004-1 $0 502-035-005-2 $0 502-035-006-3 $0 502-035-007-4 $0 502-044-007-2 $0 502-044-008-3 $0 502-044-009-4 $0 502-044-010-4 $0 502-044-011-5 $0 502-044-012-6 $0 502-045-001-9 $0 502-045-002-0 $0 502-045-003-1 $0 502-045-004-2 $0 502-045-005-3 $0 TOTAL = $0 City of Palm Springs, Lighting Maintenance District No. 2 Page 8 CITY OF PALM SPRINGS ENGINEER'S REPORT STREET LIGHTING MAINTENANCE DISTRICT NO. 4 "EAGLE WAY AREA" FISCAL YEAR 2008/2009 DF PALM s D u fn RpORAY�� C'�� 1FDR�,P Intent Meeting: November 7, 2007 Public Hearing: January 16, 2008 Confirmed: March 5, 2008 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 4, Eagle Way Area Engineer's Report Affidavit Palm Springs Street Lighting Maintenance District No. 4, "EAGLE WAY AREA" This Report describes the District including the improvements, budget, parcels and assessments to be levied for fiscal year 2008/2009, as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council. Dated this 7th day of November, 2007. Q�pFEss10 p�\<) BARq��Fyz G2393/1 70 By: /�Gli d ST 3ilvS k Q David J. Barakian, P.E. OF AG�E��� Director of Public Works/City Engineer City of Palm Springs Civil Engineer C 28931 CITY OF PALM SPRINGS ENGINEER'S REPORT STREET FIGHTING MAINTENANCE DISTRICT NO. 4 EAGLE WAY AREA Fiscal Year 2008/2009 The Undersigned respectfully submits the enclosed report as directed by the City Council. The undersigned certifies that he is a Professional Engineer, registered in the State of California. SX� 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 7th day of November, 2007. es Thompson, City Clerk ity 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 51h day of March, 2008. es Thompson, City Clerk ity of Palm Springs County of Riverside, California TABLE OF CONTENTS EXECUTIVESUMMARY----------------------------------------....................................................................2 A. Introduction ........ .. .. .. ...................................................................2 B. Overview........................................... • ...............................3 DESCRIPTION OF THE DISTRICT. -- .. -- .........................................................................4 A. Description of the District................................................................................4 B. Description of Improvements and Services.....................................................4 METHOD OF APPORTIONMENT ............................... • .. --............................4 A. General ........................................... .......................4 B. Benefit Analysis..........................................................------------------------------------5 C. Assessment Methodology. .. -- .. .. ......................................................5 D. Assessment Formula................. .... ................................ 5 DISTRICTBUDGET--------------------------------.................................................................................-5 APPENDIX A-District Diagram .. .. ......................................................................... .. 5 APPENDIX B -Assessment Roll.......................................................-----------------------------------------7 EXECUTIVE SUMMARY A. INTRODUCTION The purpose of this Engineer's Report (hereinafter referred to as the "Final Report") was 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- 4 (hereinafter referred to as the "District") for fiscal year 2008/2009, in compliance with the requirements of Chapter 3, of the Landscaping and Lighting Act of 1972 (hereinafter referred to as the "Act") which is part 2, Division 15 of the California Streets and Highways Code and as provided by Article XIII D of the California Constitution (hereinafter referred to as "Article XIII D"). This District was formed to supplement certain City revenues and help finance the costs of providing for the maintenance of certain public improvements, including, but not limited to street lighting, within the District's boundaries. This Final Report is prepared to document the dissolution and abandonment of the District, and to cease payment of the costs and expenses of operation, maintenance, repair and servicing of street lighting and all appurtenant facilities and operations related thereto; and to remove and/or abandon all street lighting improvements providing special benefits to properties located within the District. The City initiated proceedings for annual levying of assessments within the District by passing a resolution, which stated that the District was established under the Act. This resolution also described the improvements, described the name and location of the District, and preliminarily approved the Engineer's Report (hereinafter referred to as the "Preliminary Report"), The Preliminary Report prepared by the engineer included 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. In 2004, the City initiated proceedings to increase the existing maximum annual assessments within the District, such that additional improvements to the street lighting system could occur, and that funds collected for this District could equal the current costs to operate and maintain the improvements. At the July 21, 2004, City Council meeting, a Public Hearing was conducted and a property owner protest ballot proceeding concluded, with the failure of the proposed increase to the existing maximum annual assessments within the District. In 2005, upon adoption of the confirmed Engineer's Report for this District for the 2005/2006 fiscal year, the City Council directed the City Engineer to schedule property owner protest ballot proceedings on the matter of approving an increase to the maximum annual assessment, as necessary to increase assessments to cover estimated annual expenses and to implement a Consumer Price Index ("CPI") annual inflator. At the July 19, 2006, City Council meeting, a Public Hearing was conducted and a property owner protest ballot proceeding concluded, with the failure of the proposed increase to the existing maximum annual assessments within the District. The Engineer's Report continued to disclose the fact that the District is operating with a deficit, and continued to require the supplement of City of Palm Springs, Lighting Maintenance District No. 4-Engineer's Report Page 2 General Fund revenues from the City to operate and maintain the improvements within this District. In 2007, upon adoption of the confirmed Engineer's Report for this District for the 2007/2008 fiscal year, the City Council directed the City Engineer to schedule a third and final property owner protest ballot proceeding on the matter of approving an increase to the maximum annual assessment, as necessary to increase assessments to cover estimated annual expenses and to implement a Consumer Price Index ("CPI") annual inflator. On January 16, 2008, the property owner protest ballot proceeding was conducted, and in accordance with requirements of the California State Constitution Article XIIIC and XIIID ("Proposition 218"), increased annual assessments and implementation of a CPI annual inflator were denied by a majority protest vote of property owners. On February 13, 2008, the City Council considered the continuation of General Fund subsidies to supplement restricted assessment revenues, and determined that elimination of services and abandonment (dissolution) of the District was necessary. On March 5, 2008, this Engineer's Report was amended to reflect the previous City Council direction, and represents the final Engineer's Report for the District. B. OVERVIEW The District described in this report contained parcels of land generally located between Park Drive on the north, Divot Lane on the west, Birdie Way on the east, and Eagle Way on the south, consisting of Lots 1-5 and 14-51 of Tract 2159. The City previously proposed to annually levy and collect special assessments to continue the maintenance of the improvements within the District. Assessments within the District were 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 the Preliminary Report filed with the City Clerk on November 7, 2007, were to be levied upon each parcel within the boundaries of the District and assessments proportional to the special benefit received from the maintenance of the improvements. For the District, a benefit assessment rate per Parcel was established based upon estimated and actual operations and maintenance costs for the year. This established the maximum approved benefit assessment rate ("Maximum Rate") for the current year. Commencing with fiscal year 200912010, and then each subsequent year, the maximum assessment rate was proposed to be increased based upon the Consumer Price Index, All Urban Consumers, for the Los Angeles-Orange-Riverside County Area ("CPI"), as determined by the United States Department of Labor, Bureau of Labor Statistics, or its successor. The Engineer was to compute the percentage difference between the CPI for the latest monthly statistical data available each year at the time the Engineer's Report was prepared, with the CPI for the same monthly statistical data from the prior year, and would then adjust the maximum existing assessment by an amount not to exceed such percentage for the following fiscal year. Should the Bureau of Labor Statistics revised such index or discontinued the preparation of such index, the Engineer was to use the revised index or a comparable system as approved by the City Council for determining fluctuations in the cost of living. City of Palm Springs, Lighting Maintenance District No. 4-Engineer's Report Page 3 Pursuant to City Council direction given on February 13, 2008, the Preliminary Report has been amended to reflect the dissolution and abandonment of the District. DESCRIPTION OF THE DISTRICT A. DESCRIPTION OF THE DISTRICT The District identified in this Report as "Eagle Way Area", is generally located between Park Drive on the north, Divot Lane on the west, Birdie Way on the east, and Eagle Way on the south, consisting of Lots 1-5 and 14-51 of Tract 2159. The District included 43 single-family residential parcels. The purpose of the District was to ensure the ongoing maintenance, operation and servicing of local street lighting and electrical improvements installed within the District. This District provided the financial mechanism (annual assessments) by which the ongoing operation and maintenance of these improvements was funded. The District structure, method of apportionment and assessments described in the Preliminary Report were based on existing improvement plans and estimated direct expenditures, incidental expenses, and reserves associated with the maintenance and servicing of the improvements. 13. DESCRIPTION OF IMPROVEMENTS AND SERVICES The purpose of the District was to ensure the ongoing maintenance, operation and servicing of street lighting improvements within the District. These improvements included, but were not limited to, all materials, equipment, utilities, labor and appurtenant facilities related to those improvements. The improvements were installed and were maintained and funded entirely or partially through the District assessments and generally included the following: • Street lighting facilities located within "Eagle Way Area"; and • All appurtenant facilities, equipment, materials and utilities related to the aforementioned improvements. The estimated annual cost to provide and maintain the improvements within the District was allocated to each property in proportion to the special benefits received. The Method of apportionment used in the Preliminary Report utilized commonly accepted assessment engineering practices. Public Street Lighting and Electrical Improvements The street lighting and electrical improvements included, but were not limited to, electrical energy, lighting fixtures, poles, meters, conduits, electrical cable and associated appurtenant facilities associated with: All street lighting within the Street Lighting Maintenance District NoA ("Eagle Way Area"). METHOD OF APPORTIONMENT A. GENERAL Pursuant to the City Council's direction to abandon and dissolve the District, and to continue funding the operation and maintenance of the improvements outside of the District, there is no need to apportion special benefits conferred to parcels within the District. Although the City of Palm Springs, Lighting Maintenance District No. 4 - Engineer's Report Page 4 improvements will continue to be operated and maintained by the City, no special assessments will be levied and collected- B. BENEFIT ANALYSIS Pursuant to the City Council's direction to abandon and dissolve the District, and to continue funding the operation and maintenance of the improvements outside of the District, there is no need to determine special benefits conferred to parcels within the District. Although the improvements will continue to be operated and maintained by the City, no special assessments will be levied and collected. C. ASSESSMENT METHODOLOGY Pursuant to the City Council's direction to abandon and dissolve the District, and to continue funding the operation and maintenance of the improvements outside of the District, there is no need to determine a methodology to establishing special assessments. Although the improvements will continue to be operated and maintained by the City, no special assessments will be levied and collected. D. ASSESSMENT FORMULA Pursuant to the City Council's direction to abandon and dissolve the District, and to continue funding the operation and maintenance of the improvements outside of the District, there is no need to determine an assessment formula. Although the improvements will continue to be operated and maintained by the City, no special assessments will be levied and collected. DISTRICT BUDGET Pursuant to the City Council's direction to abandon and dissolve the District, and to continue funding the operation and maintenance of the improvements outside of the District, there is no need to determine a District budget. Although the improvements will continue to be operated and maintained by the City, no special assessments will be levied and collected. APPENDIX A- DISTRICT DIAGRAM The parcels within the Palm Springs Street Lighting Maintenance District No. 4, Eagle Way Area, are shown on the current Riverside County Assessor's Parcel Map Book 681 Page 14. This County Assessor's Parcel Map along with the Assessment Roll constitutes the District Assessment Diagram. A copy of the Lighting District No. 4 Boundary is shown on the following page. The District Diagram is shown for informational purposes only, to document the area of the District which has been dissolved and abandoned pursuant to order of the City Council. City of Palm Springs, Lighting Maintenance District No. 4-Engineer's Report Page 5 52 51 50 7AA. SCALE=I"'=200� L A♦ A P 15 : 14 : Al2 15 • . . r IN 11 IB a E7 S2 43 1 �. ♦ 3 10 17 26 33 42 • A • A 9 IB 25 34 41 •a a . 19 t- 24 35' 40 A x T tJ q 23 36 39 W L A A r� 6 21 20 57 ae A A A { EAOL WAY • A A I SEVEN LAKES15 4 L 2 OR. >- m° w � G a: a ca WAVERLY a DRIVE DISTRICT 6OUNDARY PROPERTY OWNER$ STONING PETITION--- A q LOCATION OF STREET LIGHTS 0 a: m Egsr pq ip Qf STREET LIGHT MAINTENANCE N�eNW Y c��SON ORtV . 0MTRICT Nt 4 •. 4a P110131'ATIEA PORMIM 1986 STREET'LIGHTING'DISTRIOT•IN A PORTION OF TRACT No.2169, SECTION So,T•4,S, R,6-E, SA.S.R M., INS-THE CITY OF PALM SPRINGS,CA. °Landscaping and Lighting Act of 1972' City of Palm Springs, Lighting Maintenance district No. 4-Engineer's Report Page 6 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 4, Eagle Way Area APPENDIX R - 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. The Assessment Roll is shown for informational purposes only, to document the end of an annual levy and collection of assessments within the District, which has been dissolved and abandoned pursuant to order of the City Council. City of Palm Springs, Lighting Maintenance District No. 4 -Engineer's Report Page 7 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 4, Eagle Way Area RIVERSIDE COUNTY ASSESSMENT ROLL STREET LIGHTING MAINTENANCE DISTRICT NOA ("EAGLE WAY AREA") FISCAL YEAR 2008/2009 FUND NO. 68-2625 ASSESSOR'S PARCEL ASSESSMENT ASSESSOR'S ASSESSMENT NUMBER PARCEL NUMBER 681-141-001-4 $0 681-142-009-5 $0 681-141-002-5 $0 681-142-010-5 $0 681-141-003-6 $0 681-142-011-6 $0 681-141-004-7 $0 681-142-012-7 $0 681-141-005-8 $0 681-142-013-8 $0 681-141-006-9 $0 681-142-014-9 $0 681-141-007-0 $0 681-142-015-0 $0 681-141-008-1 $0 681-142-016-1 $0 681-141-009-2 $0 681-143-001-0 $0 681-141-010-2 $0 681-143-002-1 $0 681-141-011-3 $0 681-143-003-2 $0 681-141-012-4 $0 681-143-004-3 $0 681-141-013-5 $0 681-143-005-4 $0 681-141-014-6 $0 681-143-006-5 $0 681-142-001-7 $0 681-143-007-6 $0 681-142-002-8 $0 681-143-008-7 $0 681-142-003-9 $0 681-144-001-3 $0 681-142-004-0 $0 681-144-002-4 $0 681-142-005-1 $0 681-144-003-5 $0 681-142-006-2 $0 681-144-004-6 $0 681-142-007-3 $0 681-144-005-7 $0 681-142-008-4 $0 TOTAL = $0 City of Palm Springs, Lighting Maintenance District No. 4- Engineer's Report Page 8 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 68, Parkside Estates CITY OF PALM SPRINGS ENGINEER'S REPORT PARKWAY MAINTENANCE DISTRICT NO. 6B "PARKSIDE ESTATES" FISCAL YEAR 2008/2009 OF PALM S u � Ica ,ate Pf OR Al Vo c Z1FO ?, Intent Meeting: November 7, 2007 Public Hearing: January 16, 2008 Confirmed: March 5, 2008 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6B, Parkside Estates Engineer's Report Affidavit Palm Springs Parkway Maintenance District No. 613, "Parkside Estates" This Report describes the District including the improvements, budget, parcels and assessments to be levied for fiscal year 2008/2009, as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council. Dated this 7th day of November, 2007. eQ,O EF 55/oN� BAf2y%q r � C-28931 Z m By: .k EXP o q it Jl CINt- �P David J. Barakian, P.E. 9TFOFCAl1F0R� 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- 6B, Parkside Estates CITY OF PALM SPRINGS ENGINEER'S REPORT PARKWAY MAINTENANCE DISTRICT NO. 613 PARKSIDE ESTATES Fiscal Year 2008/2009 The Undersigned respectfully submits the enclosed report as directed by the City Council- The undersigned certifies that he is a Professional Engineer, registered in the State of California. David J. Barakian, P.E. Director of Public Works/City Engineer City of Palm Springs County of Riverside, California -I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll and Assessment Diagram thereto attached, was filed with me on the 7th day of November, 2007- f� es Thompson, City Clerk /it ity 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 5th day of March, 2008. J mes Thompson, City Clerk ity of Palm Springs County of Riverside, California City of Palm Springs—Engineer's Report Parkway Maintenance District No. 68, Parkside Estates TABLE OF CONTENTS EXECUTIVE SUMMARY ........... ........................................................... ........--....................2 A- Introduction.................................................................................................... 2 B. Overview .......... ...... ...... ...... .......................................................................3 DESCRIPTION OF THE DISTRICT------------------------------------------------------------................................4 A. Description of the District................................................................................4 B. Description of Improvements and Services.....................................................4 METHOD OF APPORTIONMENT......................................................... .. .. ---...--................--..4 A. General................................ ..........................................................................4 B. Benefit Analysis............ --- -- -- --............................................................4 C- Assessment Methodology...............................................................................5 D. Assessment Formula......................................................................................5 DISTRICT BUDGET....................................................................................................................5 APPENDIX A— District Diagrams. -- --- ............. .. .. -- .. .....................................................5 APPENDIX S —Assessment Roll..................................................................... ...................9 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 68, Parkside Estates EXECUTIVE SUMMARY A. INTRODUCTION The purpose of this Engineer's Report (hereinafter referred to as the "Final Report") was 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. 68 ("Parkside Estates"), (hereinafter referred to as the "District"), for fiscal year 2008/2009, in compliance with the requirements of Chapter 3, of the Landscaping and Lighting Act of 1972 (hereinafter referred to as the "Act") which is part 2, Division 15 of the California Streets and Highways Code and as provided by Article XIII D of the California Constitution (hereinafter referred to as "Article XIII D"). This District was formed to supplement certain City revenues and help finance the costs of providing for parkway landscape maintenance within the District's boundaries. This Final Report is prepared to document the dissolution and abandonment of the District, and to cease payment of the costs and expenses of operation, maintenance, repair and servicing of street lighting and all appurtenant facilities and operations related thereto; and to remove and/or abandon all street lighting improvements providing special benefits to properties located within the District. The City initiated proceedings for annual levying of assessments within the District by passing a resolution, which stated that the District was established under the Act. This resolution also described the improvements, described the name and location of the District, and preliminarily approved the Engineer's Report (hereinafter referred to as the "Preliminary Report")- The Preliminary Report prepared by the engineer included 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. In 2004, the City initiated proceedings to increase the existing maximum annual assessments within the District, such that additional improvements to the street lighting system could occur, and that funds collected for this District could equal the current costs to operate and maintain the improvements. At the July 21, 2004, City Council meeting, a Public Hearing was conducted and a property owner protest ballot proceeding concluded, with the failure of the proposed increase to the existing maximum annual assessments within the District. In 2005, upon adoption of the confirmed Engineer's Report for this District for the 2005/2006 fiscal year, the City Council directed the City Engineer to schedule property owner protest ballot proceedings on the matter of approving an increase to the maximum annual assessment, as necessary to increase assessments to cover estimated annual expenses and to implement a Consumer Price Index ("CPI") annual inflator. At the July 19, 2006, City Council meeting, a Public Hearing was conducted and a property owner protest ballot proceeding concluded, with the failure of the proposed increase to the existing maximum annual assessments within the District. The Engineer's Report continued to disclose the fact that the District is operating with a deficit, and continued to require the supplement of General Fund revenues from the City to operate and maintain the improvements within this District. City of Palm Springs, Parkway Maintenance District No. 68-Engineer's Report Page 2 City of Palm Springs—Engineers Report Parkway Maintenance District No. 68, Parkside Estates In 2007, upon adoption of the confirmed Engineer's Report for this District for the 2007/2008 fiscal year, the City Council directed the City Engineer to schedule a third and final property owner protest ballot proceeding on the matter of approving an increase to the maximum annual assessment, as necessary to increase assessments to cover estimated annual expenses and to implement a Consumer Price Index ("CPI") annual inflator. On January 16, 2008, the property owner protest ballot proceeding was conducted, and in accordance with requirements of the California State Constitution Article XIIIC and XIIID ("Proposition 218"), increased annual assessments and implementation of a CPI annual inflator were denied by a majority protest vote of property owners. On February 13, 2008, the City Council considered the continuation of General Fund subsidies to supplement restricted assessment revenues, and determined that elimination of services and abandonment (dissolution) of the District was necessary. On March 5, 2008, this Engineer's Report was amended to reflect the previous City Council direction, and represents the final Engineer's Report for the District- B. OVERVIEW The District described in this report includes all lots and parcels within the residential area identified as the "Parkside Estates", consisting of Tract 7290-1 and Tract 7290. The City previously proposed to annually levy and collect special assessments to continue the maintenance of the improvements within the District. Assessments within the District were 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 the Preliminary Report filed with the City Clerk on November 7, 2007, were to be levied upon each parcel within the boundaries of the District and assessments proportional to the special benefit received from the maintenance of the improvements. For the District, a benefit assessment rate per Parcel was established based upon estimated and actual operations and maintenance costs for the year. This established the maximum approved benefit assessment rate ("Maximum Rate") for the current year. Commencing with fiscal year 2009/2010, and then each subsequent year, the maximum assessment rate was proposed to be increased based upon the Consumer Price Index, All Urban Consumers, for the Los Angeles-Orange-Riverside County Area ("CPI"), as determined by the United States Department of Labor, Bureau of Labor Statistics, or its successor. The Engineer was to compute the percentage difference between the CPI for the latest monthly statistical data available each year at the time the Engineer's Report was prepared, with the CPI for the same monthly statistical data from the prior year, and would then adjust the maximum existing assessment by an amount not to exceed such percentage for the following fiscal year. Should the Bureau of Labor Statistics revised such index or discontinued the preparation of such index, the Engineer was to use the revised index or a comparable system as approved by the City Council for determining fluctuations in the cost of living. Pursuant to City Council direction given on February 13, 2008, the Preliminary Report has been amended to reflect the dissolution and abandonment of the District. City of Palm Springs, Parkway Maintenance District No. 6S- Engineer's Report Page 3 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6B, Parkside Estates DESCRIPTION OF THE DISTRICT A. DESCRIPTION OF THE DISTRICT The Parkway Maintenance District No. 613 ("Parkside Estates"), includes all lots and parcels within the residential area identified as the "Parkside Estates", consisting of Tract 7290-1 and Tract 7290. The District includes 96 residential parcels. The purpose of the District was to ensure the ongoing maintenance and servicing of parkway landscape improvements installed in connection with development of properties within the District. This District provided the financial mechanism (annual assessments) by which the ongoing operation and maintenance of these improvements was funded. The District structure, method of apportionment and assessments described in the Preliminary Report were based on existing improvement plans and 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 was to ensure the ongoing maintenance, operation and servicing of parkway landscape improvements within the District. These improvements included, but were not limited to, palm trees, turf areas with mowing strips, desert indigenous trees and ground cover, annual flowers, a sprinkler irrigation and emitter drip system, landscape drainage system, walkways and associated appurtenant facilities located in the dedicated landscaped parkway (street right-of-way) within the District, and all materials, equipment, utilities, labor and appurtenant facilities related to the operation and maintenance of the parkway landscape improvements. The estimated annual cost to provide and maintain the improvements within the District was allocated to each property in proportion to the special benefits received. The Method of apportionment used in the Preliminary Report utilized commonly accepted assessment engineering practices. Landscaping Improvements The parkway improvements included, but were not limited to, all landscaping material and facilities within the District. These improvements included 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 Pursuant to the City Council's direction to abandon and dissolve the District, there no longer exist improvements that provide special benefits conferred to parcels within the District. No apportionment of assessments for special benefits is necessary- B. BENEFIT ANALYSIS Pursuant to the City Council's direction to abandon and dissolve the District, there no longer exist improvements that provide special benefits conferred to parcels within the District. No analysis of special benefits is necessary. City of Palm Springs, Parkway Maintenance District No. 6H-Engineer's Report Page 4 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6B, Parkside Estates C. ASSESSMENT METHODOLOGY Pursuant to the City Council's direction to abandon and dissolve the District, there no longer exist improvements that provide special benefits conferred to parcels within the District. No methodology of assessments for special benefits is necessary. D. ASSESSMENT FORMULA Pursuant to the City Council's direction to abandon and dissolve the District, there no longer exist improvements that provide special benefits conferred to parcels within the District. No formula of assessments for special benefits is necessary. DISTRICT BUDGET Pursuant to the City Council's direction to abandon and dissolve the District, there no longer exist improvements that provide special benefits conferred to parcels within the District. A District Budget is no longer necessary. APPENDIX A - DISTRICT DIAGRAM The parcels within the Palm Springs Parkway Maintenance District No.6B, are shown on the current Riverside County Assessor's Parcel Map Book 680 Pages 51 and 52. The County Assessor's Parcel Map along with the Assessment Roll constitutes the District Assessment Diagram. A copy of the Parkway Maintenance District No.6B boundary is shown on the following pages. The District Diagram is shown for informational purposes only, to document the area of the District which has been dissolved and abandoned pursuant to order of the City Council. City of Palm Springs, Parkway Maintenance District No. 68- Engineer's Report Page 5 City of Palm Springs—Engineers Report Parkway Maintenance District No. 65, Parkside Estates VISTA CHINO 26 Mopm l les Fosmm.mo (Hah.PlD•0 atSI,E18A01nI992J931 as'1ep � • ry M RAMON RW !Li 4 A I/ oaf PROPW"m FORMED Ileo . • ' L +• -+y.!_ rux•,fUxrw atc N '"" ` C-80 P1ipP -OPS FORMF-019B0', i 'Landsoaping and Light Ing Aot of 19T2 " ~� PARKWAYS MAINTENANCE 61STRICT NOX A1I3A C CITY OF PALM S0ftINC8,CO11NYY OF 41VERSI01e;STAT£ OFC1it-IFORNIA City of Palm Springs, Parkway Maintenance District No- 6B-Engineer's Report Page 6 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 68, Parkside Estates • � F e k _ tL.yyy ''• O. W' fir x Sat y 4 h �ry�P S• O`y 5O O• n• r f: O m•+ 5 �5•\ d •q ~ ^ r Y �i. • r � �x1. fit•• n SMA pC a O r Q i, �t r f5�� O © i � x'r'+T• r © ,�. CeT.rrT.•r. •."ur. O� Air a ep. w. Q' 7 O 9 O ✓ 91 Ste: * ®:_ •�S�rjl Yr. � � � �• Q• °, 'r fir" �Y �x, ` %O 3 � � }} A OC 4 16. 1 O `Ti•� O �gg yrk^•l��t :v �y • O City of Palm Springs, Parkway Maintenance District No. 68-Engineer's Report Page 7 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6B, Parkside Estates ° , . Y n h Irk. �' gO a ill • j " • a 1 Y q ° o y® IL a u © I ~ ° h � � r �E ' JJ -.~ i q • Ja :� r ,w a •,q s� ,j I ,r �q N x City of Palm Springs, Parkway Maintenance District No. 6B-Engineer's Report Page 8 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 68, Parkside Estates 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. The Assessment Roll is shown for informational purposes only, to document the end of an annual levy and collection of assessments within the District, which has been dissolved and abandoned pursuant to order of the City Council. City of Palm Springs, Parkway Maintenance District No. 6B-Engineer's Report Page 9 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 6B, Parkside Estates RIVERSIDE COUNTY ASSESSMENT ROLL PARKWAY MAINTENANCE DISTRICT NO. 6B ("PARKSIDE ESTATES") FISCAL YEAR 2007-2008 FUND NO. 68-2620 ASSESSOR'S ASSESSMENT ASSESSOR'S ASSESSMENT PARCEL NUMBER PARCEL NUMBER 680-511-001-0 $0 680-512-016-7 $0 680-511-002-1 $0 680-512-017-8 $0 680-511-003-2 $0 680-512-018-9 $0 680-511-004-3 $0 680-512-019-0 $0 680-511-005-4 $0 680-521-001-1 $0 680-511-006-5 $0 680-521-002-2 $0 680-511-007-6 $0 680-521-003-3 $0 680-511-008-7 $0 680-522-001-4 $0 680-511-009-8 $0 680-522-002-5 $0 680-512-001-3 $0 680-522-003-6 $0 680-512-002-4 $0 680-522-004-7 $0 680-512-003-5 $0 680-522-005-8 $0 680-512-004-6 $0 680-522-006-9 $0 680-512-005-7 $0 680-522-007-0 $0 680-512-006-8 $0 680-523-001-7 $0 680-512-007-9 $0 680-523-002-8 $0 680-512-008-0 $0 680-523-003-9 $0 680-512-009-1 $0 680-523-004-0 $0 680-512-010-1 $0 680-523-005-1 I $0 680-512-011-2 $0 680-523 006 2 $0 680-512-012-3 $0 680-523-007-3 $0 680-512-013-4 $0 680-523-008-4 $0 680-512-014-5 $0 680-523-009-5 $0 680-512-015-6 $0 680-523-010-5 $0 City of Palm Springs, Parkway Maintenance District No. 6B-Engineer's Report Page 10 City of Palm Springs— Engineer's Report Parkway Maintenance District No. 6B, Parkside Estates ASSESSOR'S ASSESSMENT ASSESSOR'S ASSESSMENT PARCEL NUMBER PARCEL NUMBER 680-523-011-6 $0 680-524-017-5 $0 680-523-012-7 $0 680-524-018-6 $0 680-523-013-8 $0 680-524-019-7 $0 680-523-014-9 $0 680-524-020-7 $0 680-523-015-0 $0 680-525-001-3 $0 680-523-016-1 $0 680-525-002-4 $0 680-523-017-2 $0 680-525-003-5 $0 680-523-018-3 $0 680-525-004-6 $0 680-524-001-0 $0 680-525-005-7 $0 680-524-002-1 $0 680-525-006-8 $0 680-524-003-2 $0 680-525-007-9 $0 680-524-004-3 $0 680-525-008-0 $0 680-524-005-4 $0 680-525-009-1 $0 680-524-006-5 $0 680-525-010-1 $0 680-524-007-6 $0 680-525-011-2 $0 680-524-008-7 $0 680-525-012-3 $0 680-524-009-8 $0 680-525-013-4 $0 680-524-010-8 $0 680-525-014-5 $0 680-524-011-9 $0 680-525-015-6 $0 680-524-012-0 $0 680-525-016-7 $0 680-524-013-1 $0 680-525-017-8 $0 680-524-014-2 $0 680-525-018-9 $0 680-524-015-3 $0 680-525-019-0 $0 680-524-016-4 $0 680-525-020-0 $0 TOTAL $0 City of Palm Springs, Parkway Maintenance District No. 6B - Engineer's Report Page 11 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 2008/2009 O PALM S Ln 'P�OA Ai EO cq� Fp RN`P Intent Meeting: November 7, 2007 Public Hearing: January 16, 2008 Confirmed: March 5, 2008 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 7, Sunrise Norte Engineer's Report Affidavit Palm Springs Parkway Maintenance District No. 7, "SUNRISE NORTE" This Report describes the District including the improvements, budget, parcels and assessments to be levied for fiscal year 2008/2009, as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council. 0.pFE5a10�, Dated this 7th day of November, 2007. w4) BR�q�F t a C-28931 By. ��ECP CN1�°c�Q David J. Barakian, P.E. l�OFCAUF��u 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 Fiscal Year 2008/2009 The Undersigned respectfully submits the enclosed report as directed by the City Council. The undersigned certifies that he is a Professional Engineer, registered in the State of California. 014- 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 7th day of November, 2007. l me Thompson, City Clerk City of Palm Springs County of Riverside, California I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll thereto attached, was approved and confirmed by the City Council of the City of Palm Springs, California, on the 5th day of March, 2008. mes Thompson, 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 EXECUTIVE SUMMARY .......... .. .. ....................................................... .. .. .. -- .. .................1 A. Introduction ......................................................... ..............................1 B. Overview........................................................................................................2 DESCRIPTION OF THE DISTRICT............................................................................................2 A Description of the District.......... . .. . .... . .. .. .................................................2 B. Description of Improvements and Services.....................................................3 METHOD OF APPORTIONMENT......................................... .. .. .. .. .. ..... .........................4 A. General ......................................................... .. .. .. ......................................4 B. Benefit Analysis .............. . .... . .. . .... .. . .. .. .. .......................... . ...... ........ 5 C. Assessment Methodology..............................................................................5 D. Assessment Formula..........................................................................6 DISTRICT BUDGET...................................................................................................................6 A. Description of Budget Items......................................... .. ..............................6 B. District Budget - Fiscal Year 2003/2009..........................................................7 APPENDIX A— District Diagrams ......... .... ...... . .... .... . .. .. .....................................................9 APPENDIX B —Assessment Roll............................... .... ......................................................... 11 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 ("Sunrise Norte"), (hereinafter referred to as the "District"), for fiscal year 2008/2009, in compliance with the requirements of Chapter 3, of the Landscaping and Lighting Act of 1972 (hereinafter referred to as the "1972 Act") which is part 2, Division 15 of the California Streets and Highways Code and as provided by Article XIII D of the California Constitution (hereinafter referred to as "Article XIII D"). This District was formed to supplement certain City revenues and help finance the costs of providing for parkway maintenance within the District's boundaries. This report is prepared for the levy and collection of annual assessments for the District for fiscal year 2008/2009. The City initiates proceedings for annual levying of assessments within the District by passing a resolution, which states that the District was established under the Act. This resolution also describes the improvements, describes the name and location of the District, and preliminarily approves the Engineer's Report. The report prepared by the engineer must include an estimate of the costs of the improvements, a diagram, i.e., map of the District showing the boundary of the District and an assessment of the estimated costs of the improvements against the parcels or lots which benefit from the improvements. Once the report is completed it is presented to the City Council for its review and approval as presented, or it may be modified and approved. After the report is approved, the City Council may adopt a Resolution of Intention, which declares its intent to levy and collect assessments, describes the improvements, and refers to the report for details of the District. The Resolution of Intention also sets a time and place for a hearing on the proposed assessments. Beginning in fiscal year 200612007, expenditures within the District exceeded the total maximum annual assessment that can be collected in the District. In 2007, upon adoption of the confirmed Engineer's Report for this District for the 2007/2008 fiscal year, the City Council directed the City Engineer to schedule a property owner protest ballot proceeding on the matter of approving an increase to the maximum annual assessment, as necessary to increase assessments to cover estimated annual expenses and to implement a Consumer Price Index ("CPI") annual inflator. On January 16, 2008, the property owner protest ballot proceeding was conducted, and in accordance with requirements or the California State Constitution Article XIIIC and XIIID ("Proposition 218"), increased annual assessments and implementation of a CPI annual inflator were denied due to a majority protest by the property owners within the District. On February 13, 2008, the City Council ordered the reduction of services within the District as necessary to ensure total expenses do not exceed the total revenues collected within the District. Therefore, commencing with the 2008/2009 fiscal year, landscape maintenance services provided in the district will be reduced by approximately 50% of the level previously provided, such that the City's contract landscape maintenance cost is reduced appropriately, and services 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 provided in the District are covered by the total maximum annual assessment collected in the District. This Engineer's Report has been prepared in accordance with the previous City Council direction. B. OVERVIEW The District described in this report includes all lots and parcels within the residential area identified as "Sunrise Norte", generally located along Mountain Shadow Drive, Sand Spring Drive, Mica Drive, Garnet Road, and Twin Star Road, consisting of Lots 2-54 of Tract 17642-2. The City proposes to annually levy and collect special assessments to continue the maintenance of the improvements within the District. Assessments within the District are proposed to be levied annually, pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "1972 Act") and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIIC and XIIID ("Proposition 218"). The assessments described in this Engineer's Report (hereinafter referred to as the "Report") shall be levied upon each parcel within the boundaries of the District and assessments shall be proportional to the special benefit received from the maintenance of the improvements. For the District, a benefit assessment rate per parcel is established based upon estimated and actual operations and maintenance costs for the year. This Report describes the District and the proposed assessments for fiscal year 2007-2008. The annual budget for the maintenance and operation of the improvements is based on estimated expenses for the upcoming fiscal year. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessment Parcel Number by the Riverside County ("County') Assessor's Office. The Riverside County Auditor/Controller uses Assessment Parcel Numbers and specific Fund Numbers to identify on the tax roll properties assessed for special district benefit assessments. DESCRIPTION OF THE. DISTRICT A. DESCRIPTION OF THE DISTRICT The Parkway Maintenance District No. 7 ("Sunrise Norte"), includes all lots and parcels within the residential area identified as "Sunrise Norte", generally located along Mountain Shadow Drive, Sand Spring Drive, Mica Drive, Garnet Road, and Twin Star Road, consisting of Lots 2-54 of Tract 17642-2. The District includes 53 residential parcels. The purpose of the District is to ensure the ongoing maintenance and servicing of parkway landscape improvements installed in connection with development of properties within the District. This District will provide the financial mechanism (annual assessments) by which the ongoing operation and maintenance of these improvements will be funded. The District structure, proposed improvements, method of apportionment and assessments described in this Report are based on improvement plans including all estimated direct expenditures, incidental expenses, and reserves associated with the maintenance and servicing of the improvements. City of Palm Springs, Parkway Maintenance District No. 7—Engineer's Report Page 2 City of Palm Springs— Engineer's Report Parkway Maintenance District No. 7, Sunrise Norte B. DESCRIPTION OF IMPROVEMENTS AND SERVICES The purpose of the District is to ensure the ongoing maintenance, operation and servicing of parkway landscape improvements and street lighting located within the District. These improvements may include, but are not limited to, palm trees, turf areas with mowing strips, desert indigenous trees and ground cover, annual flowers, a sprinkler irrigation and emitter drip system, landscape drainage system, walkways and associated appurtenant facilities located in the dedicated landscaped parkway (street right-of-way) on the north side of San Rafael Drive; street lighting and electrical system costs for street lights located within the District; and all materials, equipment, utilities, labor and appurtenant facilities related to the operation and maintenance of the parkway landscape and street lighting improvements. The estimated annual cost to provide and maintain the improvements within the District shall be allocated to each property in proportion to the special benefits received. The Method of Apportionment described in this Report utilizes commonly accepted assessment engineering practices and has been established pursuant to the 1972 Act and the provisions of Proposition 218. Improvements and Services Permitted Pursuant to the 1972 Act As generally defined by the 1972 Act and applicable to this District, improvements and the associated assessments may include one or more of the following: 1) The installation or planting of landscaping; 2) The installation or construction of statuary, fountains, and other ornamental structures and facilities; 3) The installation or construction of public lighting facilities including, but not limited to, street lights and traffic signals; 4) The installation of park or recreational improvements including, but not limited to, all of the following: a) Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage; b) Lights, playground equipment, play courts, and public restrooms; c) The acquisition of land for park, recreational, or open-space purposes; 5) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof; 6) The acquisition of any associated existing improvement; 7) The maintenance or servicing of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement including, but not limited to: a) Repair, removal, or replacement of all or any part of any improvements; b) Grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities; c) Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; d) The removal of trimmings, rubbish, debris, and other solid waste; City of Palm Springs, Parkway Maintenance District No. 7—Engineer's Report Page 3 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 7, Sunrise Norte e) The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti; f) Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; g) Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements; 8) Incidental expenses associated with the improvements including, but not limited to: a) The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; b) The costs of printing, advertising, and the publishing, posting and mailing of notices; c) Compensation payable to the County for collection of assessments; d) Compensation of any engineer or attorney employed to render services; e) Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; and, f) Costs associated with any elections held for the approval of a new or increased assessment. 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 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. 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 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; • 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, 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 The maintenance and operation of the landscaping improvements provides special benefit to all parcels within the District adjacent to the improvements. Therefore, 100% of the costs will be apportioned to each parcel on a per lot unit basis. All lots are assessed the same amount as each is a single-family lot and receives equivalent benefit- D. ASSESSMENT FORMULA The method of apportionment for the District calculates the receipt of special benefit from the respective improvements based on the actual land use of the parcels within the District. The special benefit received by each lot or parcel is equated to the overall land use of the parcel based on the parcel's actual land use or proposed planned development, and is reliant upon the special benefit received from the improvements planned within the District. To identify and determine the special benefit to be received by each parcel, it is necessary to consider the entire scope of the District improvements as well as individual property development within the District. The costs associated with the improvements shall be fairly distributed among the parcels based upon the special benefit received by each parcel. The maintenance and operation of the landscaping improvements provides special benefit to all parcels within the District adjacent to the improvements. Therefore, 100% of the costs will be apportioned to each parcel on a per lot unit basis. All lots are assessed the same amount as each is a single-family lot and receives equivalent benefit. DISTRICT BUDGET A. DESCRIPTION OF BUDGET ITEMS For the purpose of estimating costs for the maintenance and servicing, actual costs are used where possible. But where actual maintenance experience is lacking, cost estimates will be used to determine costs, as follows: Parkway Landscape Maintenance: Includes maintenance labor, materials and equipment required to properly maintain the authorized improvements and services within the District. Street light maintenance: Includes maintenance labor, materials and equipment required to properly maintain the authorized improvements and services within the District. Water costs- The cost of irrigation water for the parkway landscaping to be maintained is based upon actual Desert Water Agency billings on publicly landscaped areas being maintained within the District. Electrical energy costs: Energy costs included are those necessary for the operation of irrigation controls, decorative (ornamental) landscape lighting, and street lighting improvements. Incidental costs: These are costs for special items, such as costs of levying the assessments with the County Tax Collector, anticipated utility rate increases, or other such costs, and are determined individually. Another Incidental Cost is the expense of Assessment Engineering services. This includes costs of performing annual assessment engineering, determining existing or estimated costs, retaining of consultants, preparation of the Engineer's Report, and other related costs, such as publication of notices, mailings, etc. 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 Another Incidental Cost is the County Assessor-Tax Collector's charge of $25 per County assessment account plus $020 per levied parcel, to place the assessments on the tax rolls. This charge will be distributed between the benefit Districts. Miscellaneous- All cost estimates shall be rounded to the nearest dollar, except where specified differently above. The total amount to be levied on any parcel will be rounded to an even number to accommodate collection on the property tax bill in two equal installments. B. DISTRICT BUDGET This report has been prepared pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code) and Article MID, Section 4 of the California Constitution (Proposition 218). See next page. 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 B. DISTRICT BUDGET FISCAL YEAR 2008/2009 PARKWAY MAINTENANCE DISTRICT NO. 7 ("SUNRISE NORTE") Formed in 1990 A. PARKWAY LANDSCAPE MAINTENANCE Budget Items 2008/2009 Estimated Cost 1. Landscape Maintenance a. Contract Cost $ 9,250 (See Note 1) b. Palm Tree Trimming $ 0 (See Note 2) 2. SCE Utility bills a. Irrigation Controller $ 400 b. Parkway Lighting $ 0 (See Note 3) 3, DWA Utility bills $ 7,400 4. Incidentals $ 500 5. Labor & Administration $ 1,500 $ 19,050 Notes: 1_ Landscape maintenance services have been reduced by 50%. 2. Palm tree trimming services has been eliminated. 3. Parkway lighting has been eliminated. Note: Maximum approved assessment was in Fiscal Year 1992/1993, established at $23,747. B. Actual Costs vs. Assessments Summary: Account Deficit as of 6/30/06 = ($2,806) Assessment in 2006/2007 = $23,747 Actual Costs in 2006/2007 = 25 046 Account Deficit as of 6/30/07= ($4,105) Assessment in 2007/2008 = $23,747 Estimated Costs in 2007/2008 = 27 094 Estimated Account Deficit as of 6/30/08 = ($7,452) C. 2008/2009 ASSESSMENT Estimated cost for 2008/2009 ($19,050) Estimated Account Deficit as of 6130/08 = 7 452 Total = ($26,502) Maximum Allowable Assessment = $23,747 Proposed 2008/2009 Assessment = $23,747 D. Number of parcels = 53 E. Cost in 2008/2009 per parcel: $448.06 ($23,747 divided by 53) F. Actual Costs vs. Assessments History(Previous Closed Out 5 Years): Actual Costs: 02/03=$19,277; 03/04418,624; 04/05420,628 05/06=$21,302 06/07=$25,406 Assessments: $18,084 $23,747 $22,665 $22,665 $23,747 G. Budget (Expenditure Detail), see Account No. 001-2451-43560 City of Palm Springs, Parkway Maintenance District No. 7—Engineer's Report Page a 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 ("Sunrise Norte'), are shown on the current Riverside County Assessor's Parcel Map Book 669 Page 51. 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 ("Sunrise Norte") boundary is shown on the following page. 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 Ile 0 e 7 kf, rf•� � PP'POl Zq-G ^I 3rY'/.S/apP N PS"p6 •• �• •. PS PP 2S 9l / O � 1•I aY Cul g r I OF 9 kin : +a : N �o gvt �2 ft Z �� poz �.at 9/ ao�p.d p qtl� N q ;p 0 � nib O O N M dO It Qb b� hem 4 � ns sn (N .. ¢�.�� Ps•.9� Po-r,s � q�q"L'��� I y � N�O � __4L"V, N $ NiW n z °N€; wa �Oi d q : h I V •64 107 I /SSS2 Os� H .n •. PSF ov 66'La ¢$ ` � ��pZ ` arnv 49 I o F k E Z Uqi` c" W p .. b ado PS'b'S P5 HP• o /r n Os• � PP• ti �n °o, yam�S �i N o�p � �® 4\:Y '1tY V3/ ��+'.0 `u` of O y F Pe-tl6 N {�9 G MOZb MS' w$ "q tik = qwi .` MpZgl 2 O h Ql �' ,Si sv '+ub G o M ei @r .roz� ,(� vo Pr•s� P9zr 7 ;y f �Ha ao w F o2h tia 1 w ems$ �la.Sn/aPUPtA�107 R �) R + " •U V•b ❑O.9@5 JIIUUVI�.� ''�)W�Jf4� aaatl `@.ter tia o 4 0• a n d9'sn• aF lS City of Palm Springs, Parkway Maintenance District No. 7—Engineer's Report Page 10 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 11 City of Palm Springs-Engineer's Report Parkway Maintenance District No. 7, Sunrise Norte RIVERSIDE COUNTY ASSESSMENT ROLL PARKWAY MAINTENANCE DISTRICT NO- 7 ("SUNRISE NORTE") FISCAL YEAR 2007-2008 FUND NO. 68-2623 ASSESSOR'S ASSESSMENT ASSESSOR'S PARCEL ASSESSMENT PARCEL NUMBER NUMBER 669-510-002-5 $448-06 669-510-029-0 $448-06 669-510-003-6 $448.06 669-510-030-0 $448-06 669-510-004-7 $448.06 669-510-031-1 $448-06 669-510-005-8 $448.06 669-510-032-2 $448-06 669-510-006-9 $448.06 669-510-033-3 $448.06 669-510-007-0 $448-06 669-510-034-4 $448.06 009-608-315-6 $448-06 669-510-035-5 $448.06 669-510-009-2 $448.06 669-510-036-6 $448.06 669-510-010-2 $448.06 669-510-056-4 $448.06 009-608-318-9 $448.06 669-510-038-8 $448.06 669-510-012-4 $448.06 669-510-039-9 $448-06 669-510-013-5 $448.06 669-510-040-9 $448,06 669-510-014-6 $448-06 669-510-041-0 $445.06 669-510-015-7 $448.06 669-510-042-1 $448.06 009-608-323-3 $448.06 669-510-043-2 $448-06 669-510-017-9 $448.06 669-510-044-3 $448-06 669-510-018-0 $448,06 669-510-045-4 $448.06 009-608-326-6 $448.06 009-608-353-0 $448-06 009-608-327-7 $448.06 669-510-047-6 $448-06 669-510-021-2 $448.06 669-510-048-7 $448-06 669-510-022-3 $448.06 669-510-049-8 $448-06 669-510-023-4 $448.06 669-510-050-8 $448.06 669-510-024-5 $448-06 669-510-051-9 $448.06 669-510-025-6 $448.06 669-510-052-0 $448.06 009-608-333-2 $448.06 669-510-053-1 $448-06 669-510-027-8 $448.06 669-510-054-2 $448.06 009-608-335-4 $448-06 TOTAL = $23,747.18 City of Palm Springs, Parkway Maintenance District No. 7-Engineer's Report Page 12