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HomeMy WebLinkAbout11/7/2007 - STAFF REPORTS - 2.O. ;OF P PAM S.. iy e V n A ee 'cgOFRORIX CITY COUNCIL STAFF REPORT NOVEMBER 7, 2007 CONSENT CALENDAR Subject: PROPOSITION 218 ELECTION AND BALLOTING FOR VARIOUS CITYWIDE STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS, FISCAL YEAR 2008/2009 From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY This item will initiate proceedings required by law to conduct property owner protest ballot proceedings in accordance with Proposition 218 for six of the City's Special Districts. Adoption of the Resolutions of Intention will schedule a Public Hearing for January 16, 2008, to conduct an election on the matter of increasing special assessments. RECOMMENDATION: 1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, INITIATING PROCEEDINGS FOR A PROPOSED ASSESSMENT INCREASE FOR PROPERTIES WITHIN STREET LIGHTING MAINTENANCE DISTRICT NO. 1 — BELARDO ROAD AREA, AND STREET LIGHTING MAINTENANCE DISTRICT NO. 2 — MCMANUS DRIVE, COMMENCING IN FISCAL YEAR 2008/2009;" and 2) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE CITY'S INTENTION TO PROPOSE AN INCREASE TO THE ASSESSMENTS FOR PROPERTIES WITHIN STREET LIGHTING MAINTENANCE DISTRICT NO. 1 — BELARDO ROAD AREA, AND STREET LIGHTING MAINTENANCE DISTRICT NO. 2 -- MCMANUS DRIVE, COMMENCING IN FISCAL YEAR 2008/2009; AND CALLING FOR A PROPERTY OWNER PROTEST BALLOT PROCEEDING FOR SAID ASSESSMENT INCREASES;" and 3) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, INITIATING PROCEEDINGS FOR A PROPOSED ASSESSMENT INCREASE FOR PROPERTIES WITHIN STREET ITEM No. ( 0 City Council Staff Report November 7, 2007- Page 2 Proposition 218 Election- Intent Meeting LIGHTING MAINTENANCE DISTRICT NO. 4 — EAGLE WAY AREA, COMMENCING IN FISCAL YEAR 2008/2009;" and 4) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE CITY'S INTENTION TO PROPOSE AN INCREASE TO THE ASSESSMENTS FOR PROPERTIES WITHIN STREET LIGHTING MAINTENANCE DISTRICT NO. 4 — EAGLE WAY AREA, COMMENCING IN FISCAL YEAR 2008/2009; AND CALLING FOR A PROPERTY OWNER PROTEST BALLOT PROCEEDING FOR SAID ASSESSMENT INCREASE;" and 5) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, INITIATING PROCEEDINGS FOR A PROPOSED ASSESSMENT INCREASE FOR PROPERTIES WITHIN PARKWAY MAINTENANCE DISTRICT NO. 6B — PARKSIDE ESTATES, PARKWAY MAINTENANCE DISTRICT NO. 7 — SUNRISE NORTE, AND PARKWAY MAINTENANCE DISTRICT NO. 8 — VINTAGE PALMS, COMMENCING IN FISCAL YEAR 2008/2009;" and 6) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE CITY'S INTENTION TO PROPOSE AN INCREASE TO THE ASSESSMENTS FOR PROPERTIES WITHIN PARKWAY MAINTENANCE DISTRICT NO. 6B — PARKSIDE ESTATES, PARKWAY MAINTENANCE DISTRICT NO. 7 — SUNRISE NORTE, AND PARKWAY MAINTENANCE DISTRICT NO. 8 — VINTAGE PALMS, COMMENCING IN FISCAL YEAR 2008/2009; AND CALLING FOR A PROPERTY OWNER PROTEST BALLOT PROCEEDING FOR SAID ASSESSMENT INCREASES." STAFF ANALYSIS: On July 18, 2007, the City Council approved the levy and collection of assessments for the 2007/2008 fiscal year for the City's various Street Lighting and Parkway Maintenance Districts. Many of these Districts have been operating with expenses exceeding the maximum allowable assessment levied, as a result of limitations imposed by Proposition 218- Although staff recommended that expenses in those Districts be reduced to the level allowed by assessments collected, the City Council directed the City Engineer to schedule Proposition 218 elections in those Districts for the following year as soon as was possible. City staff coordinated with Muni Financial to initiate the activities necessary to prepare property owner protest ballot proceedings for Proposition 218 elections. Muni Financial has coordinated the two previous Proposition 218 elections conducted by the City on July 21, 2004, and again on July 19, 2006- Pursuant to City Council direction, staff has 2 City Council Staff Report November 7, 2007- Page 3 Proposition 218 Election—Intent Meeting prepared Engineer's Reports showing increased assessments to cover expenses associated with operating and maintaining improvements within the following Districts: 1. Street Lighting Maintenance District No_ 1 (Belardo Road Area - 165 Properties) 2. Street Lighting Maintenance District No. 2 (McManus Drive - 25 Properties) 3. Street Lighting Maintenance District No. 4 (Eagle Way Area- 43 Properties) 4. Parkway Maintenance District No. 613 (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) Following is a summary of the financial status of each of the City's Maintenance Districts above, as outlined in the Preliminary Engineer's Reports submitted herewith: 2008/2009 2008/2009 Maintenance District Maximum Estimated Difference Assessment Ex enses Lighting Maintenance District No. 1 $g 027 $12,000 ($2,973) Belardo Road Area Lighting Maintenance District No. 2 McManus Drive $4,250 $20,500 ($16,250) Lighting Maintenance District No. 4 Ea le Wa Area $1,129 $2,750 ($1,621) Parkway Maintenance District No. $1 818 $3,550 ($1,732) 6B Parkside Estates Parkway Maintenance District No. 7 Sunrise Norte $23,747 $30,100 ($6,353) Parkway Maintenance District No. $ Vintage Palms $6,$78 $17,510 ($10,632) Regarding Lighting District No. 1, the improvements within this District are continually failing, as the lighting system was constructed 40 years ago, and as this District has an existing deficit, there is no surplus of funds available with which a new lighting system may be designed and installed. Eventually, this system will become inoperable, unless the neighborhood supports an increase to the special assessment, repair of the lighting system will continue to be deferred until the system fails. Replacement of the lighting system (estimated at $500,000 or more) would require budgeting of City funds. Regarding Lighting District No. 2, this District was established to cover expenses for operating and maintaining a few street lights along McManus Drive between Saturmino Drive and Sunset Way, for 25 properties. The estimated 2008/2009 expense for electricity (taken from existing SCE utility bills) is $8,500 — twice the total maximum assessment of $4,250 levied in the District. Sometime in spring 2007, the City owned 1 The electrical system for McManus Drive is not functioning; an estimated electrical repair cost of $10,000 has been included in the estimated expenses. 3 City Council Staff Report November 7, 2007-Page 4 Proposition 218 Election- Intent Meeting electrical system on McManus Drive operating the lights failed. As the District budget has no surplus funds to allow the City to investigate and repair the electrical system, the lights on McManus Drive have not operated since the failure. It has been estimated to cost $10,000 to repair the electrical system, which has been added to the 2008/2009 District budget to be recovered by increased assessments. Regarding Lighting District No. 4, this District was established to cover expenses for operating and maintaining street lights along Birdie Way, Divot Lane, Eagle Way and Par Drive, for 43 properties. The estimated 2008/2009 expense for electricity (taken from existing SCE utility bills) is $750; however, District administration and maintenance is estimated at $2,000. Regarding Parkway District No. 6B ("Parkside Estates"), this is a Parkway Maintenance District for landscape maintenance of existing parkways along Avenida Evelita and Calle San Raphael, where homes have rear yards abutting these streets (a total distance of approximately 1,000 feet). It appears that at the time this District was established in 1980, more extensive parkway landscaping may have existed along these streets. However, at some point in the past, a new sidewalk was constructed along the parkway, removing most of the previous landscaping. The only landscaping that remains, and is maintained as a part of this District, are ten street trees. Annual operating expenses include approximately $1,900 for the City's landscape maintenance Contractor(currently Merchant Landscape Services, Inc.) and $150 for irrigation, as well as incidentals and administrative costs, for a total of approximately $3,550. Regarding Parkway District No. 7 ("Sunrise Norte"), this is a Parkway Maintenance District for landscape maintenance of the existing parkway along the north side of San Rafael Drive between Mountain Shadow Drive and Sunrise Way, for 53 properties. Sunrise Norte was a City initiated low-income development. This District was established in 1990, prior to Proposition 218, and did not include an automatic escalator (i.e. Consumer Price Index) to the maximum assessment, and beginning with the 2005/2006 fiscal year, annual expenses exceeded the total maximum assessment received. Estimated 2008/2009 costs are $30,100. Regarding Parkway District No. 8 ("Vintage Palms"), this is a Parkway Maintenance District for landscape maintenance of the existing parkways along the east side of Avenida Caballeros, north of San Rafael Drive, and the north side of San Rafael Drive, east of Avenida Caballeros adjacent to the Vintage Palms development, for 62 properties. This District was established in 1990, prior to Proposition 218, and did not include an automatic escalator (i.e. Consumer Price Index) to the maximum assessment. The total maximum assessment of$6,878 that can be levied in this District is well below the actual costs for landscape maintenance ($10,000) and SCE bills ($1,200) and DWA bills ($2,310). Estimated 2008/2009 costs are $17,510. SunCal Companies, the developer of the adjacent "Avalon" project, under a Court-ordered Settlement Agreement with the Vintage Palms neighborhood, removed and replaced the existing parkway landscaping along the east side of Avenida Caballeros with similar 4 City Council Staff Report November 7, 2007-Page 5 Proposition 218 Election— Intent Meeting landscaping installed along the west side of Avenida Caballeros (which will be maintained by the Avalon HOA). Other cities have encountered similar situations where older Maintenance Districts, established prior to Proposition 218, now operate with expenses exceeding the maximum allowable assessment that can be levied in accordance with Proposition 218. Most Maintenance Districts established prior to Proposition 218 did not include a mechanism to automatically increase the maximum annual assessment to cover increasing costs, usually linked to the Consumer Price Index (CPI). This was due to the fact that, at that time (prior to Proposition 218), local agencies were allowed to increase assessments to cover estimated costs without the need to hold an election. This fact changed with passage of Proposition 218. After passage of Proposition 218, as operating costs increase, the -allowable revenue that may be collected remains constant, causing a cumulative increase in the "gap" of revenues necessary to cover annual operating expenses. As can be seen above, the City is legally unable to recover annual operating expenses from the six Maintenance Districts, resulting in an estimated General Fund subsidy of$39,561 for the 2008/2009 fiscal year. The preliminary Engineer's Reports propose an increase to the maximum annual assessment to cover estimated expenses, and include an Assessment Range Formula, whereby the maximum annual assessment may increase (if required) by the CPI at the time the Engineer's Report is prepared. The Preliminary Engineer's Reports for each District are attached, are available for review on the City's website, and have been submitted to the City Clerk and are on file for public inspection. Adoption of the attached Resolutions will schedule the property owner protest ballot proceedings for January 16, 2008, at least 45 days following adoption of the Resolution of Intention calling for the election, in accordance with state law. FISCAL IMPACT: None. ,r David J. Barakian Thomas J. Wi[56n Director of Public Works/City Engineer Assistant City Manager David H. Ready, C��r ATTACHMENTS: 1. Preliminary Engineer's Reports (6) 2. Resolutions (6) 5 ATTACHMENT 1 PRELIMINARY ENGINEER'S REPORTS 6 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No.1, Selardo Road Area CITY OF PALM SPRINGS ENGINEER'S REPORT STREET LIGHTING MAINTENANCE DISTRICT NO, 1 "BELARDO ROAD AREA" FISCAL YEAR 2008/2009 PALM S U (10 cn m RPORA EQ cq< ' FO R�`P Intent Meeting: November 7, 2007 Public Hearing: January 16, 2008 7 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. o4FE /pyg, OP � C'2893� m 'F FXP ag By: J, C David J. Barakian, P.E. T Q�CA IFO��`P Director of Public Works/City Engineer City of Palm Springs Civil Engineer C 28931 8 City of Palm Springs— Engineer's Report Street Lighting Maintenance District No.1, Belardo Road Area CITY OF PALM SRINGS 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_ James Thompson, City Clerk City of Palm Springs County of Riverside, California I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll thereto attached, was approved and confirmed by the City Council of the City of Palm Springs, California, on the 16th day of January, 2008. James Thompson, City Clerk City of Palm Springs County of Riverside, California 9 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No 1, Belardo Road Area TABLE OF CONTENTS E)<ECUTIVE SUMMARY.............. .. -- •........................... .. .. .. .. ............ 1 A. Introduction... • . .................... .. . 2 B. Overview............... . ........ ... ..... .............. • . .. . . . ...........2 DESCRIPTION OF THE DISTRICT,...............------------------------------...........................................---2 A. Description of the District. ................................................................2 B. Description of Improvements and Services ....................................................2 METHOD OF APPORTIONMENT—..................... . ..............................................................3 A. General...................... .. ...........................................................................3 B. Benefit Analysis........... ... .. . .............................................................3 C. Assessment Methodology........... ...... ... ..... . ................................ . ..4 D. Assessment Formula--------------------------- ----- ---------- ------------------ -- --- -•-4 DISTRICTBUDGET.......................................... ........................................................... 5 A. Description of Budget Items ...........................................................................5 B. District Budget - Fiscal Year 2008/2009 .........................................................6 APPENDIX A— District Diagram................. • . •....................................................... 7 APPENDIX B —Assessment Roll............. -------......................................................................A l 10 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 "Report") is to set forth the engineering analysis and findings for the levy of assessments in the City of Palm Springs (hereinafter referred to as the "City") Street Lighting Maintenance District No. 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 report is prepared for the levy and collection of annual assessments for the District for fiscal year 2008/2009. The City initiates proceedings for annual levying of assessments within the District by passing a resolution, which states that the District was established under the Act. This resolution also describes the improvements, describes the name and location of the District, and preliminarily approves the Engineer's Report. The report prepared by the engineer must include an estimate of the costs of the improvements, a diagram, i.e., map of the District showing the boundary of the District and an assessment of the estimated costs of the improvements against the parcels or lots which benefit from the improvements. Once the report is completed it is presented to the City Council for its review and approval as presented, or it may be modified and approved. After the report is approved, the City Council may adopt a Resolution of Intention, which declares its intent to levy and collect assessments, describes the improvements, and refers to the report for details of the District. The Resolution of Intention also sets a time and place for a hearing on the proposed assessments. In 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 11 Lighting Maintenance District No.I-Engineer's Report Page 1 City of Palm Springs- Engineer's Report Street Lighting Maintenance District No.i, Selardo Road Area 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. 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. This Engineer's Report has been prepared in accordance with the previous City Council direction. B. OVERVIEW The District described in this report contains parcels of land within the area referred to as the "Belardo Road Area". The City proposes to annually levy and collect special assessments to continue the maintenance of the improvements within the District_ Assessments within the District are proposed to be levied pursuant to the provisions of the Street Lighting Act of 1931, Division 14, Part 2 of the Streets and Highways Code. The assessments described in this Engineer's Report (hereinafter referred to as the "Report") shall be levied upon each parcel within the boundaries of the District and assessments shall be proportional to the special benefit received from the maintenance of the improvements. For the District, a benefit assessment rate per Parcel is established based upon estimated and actual operations and maintenance costs for the year. This establishes 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 is 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 shall compute the percentage difference between the CPI for the latest monthly statistical data available each year at the time the Engineer's Report is prepared, with the CPI for the same monthly statistical data from the prior year, and shall 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 revise such index or discontinue the preparation of such index, the Engineer shall use the revised index or a comparable system as approved by the City Council for determining fluctuations in the cost of living. This Report describes the District and the proposed assessments for fiscal year 2008/2009, The annual budget for the maintenance and operation of the improvements is based on estimated expenses for the upcoming fiscal year. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessment Parcel Number by the Riverside County ("County") Assessor's Office. The Riverside County Auditor/Controller uses Assessment Parcel Numbers and specific Fund Numbers to identify on the tax roll properties assessed for special district benefit assessments. 12 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 DESCRIPTION OF THE DISTRICT A. DESCRIPTION OF THE DISTRICT The District, identified as the "Belardo Road Area", is 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 is to ensure the ongoing maintenance, operation and servicing of local street lighting and electrical improvements installed within the District. This District will provide the financial mechanism (annual assessments) by which the ongoing operation and maintenance of these improvements will be funded. The District structure, method of apportionment and assessments described in this Report are based on existing improvement plans and estimated direct expenditures, incidental expenses, and reserves associated with the maintenance and servicing of the improvements. B. DESCRIPTION OF IMPROVEMENTS AND SERVICES The purpose of the District is to ensure the ongoing maintenance, operation and servicing of street lighting improvements within the District. These improvements may include, but are not limited to, all materials, equipment, utilities, labor and appurtenant facilities related to those improvements. The improvements are installed and are to be maintained and funded entirely or partially through the District assessments and generally include 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 shall be allocated to each properly in proportion to the special benefits received. The Method of apportionment used in this Report utilizes commonly accepted assessment engineering practices. Public Street Lighting and Electrical Improvements The street lighting and electrical improvements may include, but are not limited to, electrical energy, lighting fixtures, poles, meters, conduits, electrical cable and associated appurtenant facilities associated with: All street lighting within the Street Lighting Maintenance District No. 1 ('Belardo Road Area"). METHOD OF APPORTIONMENT A. GENERAL The method used for calculating assessments reflects the composition of the parcels and the improvements and services provided within the District to fairly apportion the costs based on the estimated benefit to each parcel. A parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable and the City must separate the general benefits from the special benefits. 13 Lighting Maintenance District No_1-Engineer's Report Page 3 City of Palm Springs—Engineer s Report Street Lighting Maintenance District No 1, Selardo Road Area B. BENEFIT ANALYSIS All improvements associated with this District have been identified as necessary, required and desired for properties within the District to their full potential, consistent with the City's General plan. The ongoing operation, servicing and maintenance of these improvements would be the financial obligation of the properties. Therefore, the improvements and the annual costs of maintenance and operation of the improvements are of direct and special benefit to the properties. The method of apportionment (method of assessment) is based on the premise that each assessed parcel within the District receives benefit from the improvements. The desirability and security of properties is enhanced by the presence of street lighting in close proximity to those properties. The special benefits of street lighting are the convenience, safety, and security of property, improvements, and goods. Specifically: • Enhanced deterrence of crime and the aid to police protection; • Increased nighttime safety on roads and streets; • Improved ability of pedestrians and motorists to see at night; • Improved ingress and egress to property; Reduced vandalism and other criminal act and damage to improvements or property; Improved traffic circulation and reduced nighttime accidents and personal property loss. All of the preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the District. Although the improvements may include lighting improvements and other amenities available or visible to the public at large, the maintenance of these improvements is only necessary for the properties within the District and are not required nor necessarily desired by any properties or developments outside the District boundary. Therefore, any public access or use of the improvements by others is incidental and there is no measurable general benefit to properties outside the District or to the public at large. C. ASSESSMENT METHODOLOGY The method of apportionment for the District calculates the receipt of special benefit from the respective improvements based on the actual or proposed 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. Proper maintenance and operation of the street lighting system benefits all properties by enhancing overall safety, mitigating crime, alleviating the fear of crime, and enhancing pedestrian safety. 14 Lighting Maintenance District No.I-Engineer's Report Page 4 City of Palm Springs— Engineer s Report Street Lighting Maintenance District No.1, Belardo Road Area The street lighting located within the "Belardo Road Area" provides 100% special and direct benefit to all properties within the District. The benefits of the street lighting improvements are directly related to the positive enhancement of the area, increasing property desirability, Therefore 100% of the costs of the operation and maintenance of the street lighting improvements within the District shall be apportioned to each parcel based on the parcel's size. A full audit of the properties within the District was performed for the 2006/2007 Report. As a result, several properties were identified that were not previously assessed by the City and are within the boundary of the District; or, were previously assessed by the City and are not within the boundary of the District. A research of records with the City Clerk can not identify previous actions in accordance with the Street Lighting Act of 1931. Therefore, with the 2006/2007 Report, the following changes were made to the Assessment Roll for the District, identified in Appendix A: • Parcel 513-120-053, is not located within the District boundary, and was removed from the Assessment Roll. • Parcels 513-131-020, 513-131-021, 513-131-022, 513-141-001, 513-153-024, 513-153- 034, 513-182-001, and 513-182-025 are located within the District boundary, and were added to the Assessment Roll. • Parcel 513-143-017 is located within the District boundary, but is a City-owned "exempt" parcel, and was removed from the Assessment Roll. As the Assessment Methodology for the District levies an assessment based on the size of each parcel in the District, the size of each parcel was verified, and a new spread of assessments was performed. It was determined that adjustments to individual assessments were required to balance the overall annual maximum assessment for the District. The assessments identified in the Assessment Roll have been verified and are calculated as the proportionate size of each parcel as compared to the total size of all parcels in the District. The maximum annual assessment is applied to the proportionate size to calculate the maximum annual assessment for each individual parcel, as identified on the Assessment Roll. D. ASSESSMENT FORMULA Any new or increased assessment requires certain noticing and meeting requirements by law. Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation). The purpose of establishing an Assessment Formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures, which could add to the District costs and assessments. This District provides for an annual adjustment to the Maximum Assessment Rate based upon the Consumer Price Index for the Los Angeles-Orange-Riverside County Area. The Assessment Formula shall be applied to all future assessments within the District. Generally, if the proposed annual assessment for the current fiscal year is less than or equal to the calculated Maximum Assessment, then the proposed annual assessment is not considered an increased assessment. The Maximum Assessment is equal to the initial Assessment (approved by property owners within the District) adjusted annually based upon the Consumer Price Index. 15 Lighting Maintenance District No.I-Engineer's Report Page 5 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No.1, Belardo Road Area Beginning in fiscal year 200912010 and each fiscal year thereafter, the Maximum Assessment would be recalculated and a new Maximum Assessment established within the District. The Maximum Assessment is adjusted annually and is calculated independent of the District's annual budget and proposed annual assessment. Any proposed annual assessment less than or equal to this Maximum Assessment is not considered an increased assessment, even if the proposed assessment is greater than the assessment applied in the prior fiscal year. Although the Maximum Assessment will increase each year, the actual assessment may remain unchanged. The Maximum Assessment adjustment is designed to establish a reasonable limit on assessments. The Maximum Assessment calculated each year does not require or facilitate an increase to the annual assessment and neither does it restrict assessments to the adjustment maximum amount_ If the budget and assessment for the fiscal year do not require an increase, or the increase is less than the adjusted Maximum Assessment, then the required budget and assessment may be applied without additional property owner balloting. If the budget and assessments calculated requires an increase greater than the adjusted Maximum Assessment, then the assessment is considered an increased assessment and would be subject to balloting. DISTRICT BUDGET A. DESCRIPTION OF BUDGET ITEMS For the purpose of estimating costs for the maintenance and servicing of the street lighting and electrical improvements within the District, actual costs are used whenever possible. But where the improvements are new, or where actual maintenance experience is lacking, cost estimates will be used to determine costs, as follows: Street light energy costs: The cost of energy is based on current Edison rates. Street light maintenance: Maintenance costs include: maintenance labor, materials and equipment required to properly maintain the authorized improvements and services within the District. Incidental costs: These are costs for special items, such as costs of levying the assessments with the County Tax Collector, anticipated utility rate increases, or other such costs, and are determined individually. Another Incidental Cost is the expense of Assessment Engineering services. This includes costs of performing annual assessment engineering, determining existing or estimated costs, retaining of consultants, preparation of the Engineer's Report, and other related costs, such as publication of notices, mailings, etc. Another Incidental Cost is the County Assessor-Tax Collector's charge of $25 per County assessment account plus $0.20 per levied parcel, to place the assessments on the tax rolls. This charge will be distributed between the benefit Districts. Miscellaneous: All cost estimates shall be rounded to the nearest dollar, except where specified differently above. The total amount to be levied on any parcel will be rounded to an even number to accommodate collection on the property tax bill in two equal installments. 16 Lighting Maintenance District No.I-Engineer's Report Page 6 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No,1. Belardo Road Area B. DISTRICT BUDGET The District budget report has been prepared pursuant to the Street Lighting Act of 1931 (Part 2 of Division 14 of the Streets and Highways Code and Article XIIID, Section 4 of the California Constitution (Proposition 218). See next page. 17 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 FISCAL YEAR 2008/2009 STREET LIGHTING DISTRICT NO. 1 ("BELARDO ROAD AREA") Formed in 1967 A. LIGHTING MAINTENANCE Budget Items 2008/2009 Estimated Cost 1. SCE Utility bills $ 9,000 2. Labor& Administration $ 2,500 3. Incidentals $ 500 $ 12,000 Note: Maximum approved assessment was in Fiscal Year 1990/1991, established at $9,027. B. Actual Costs vs. Assessments Summary.- Account (Deficit) as of 6/30/06 = ($20,845) Assessment in 2006/2007 = $9,027 Actual Costs in 2006/2007 = ($9,257) Account (Deficit) as of 6130/07 = ($21,075) Assessment in 2007/2008 = $9,027 Estimated Costs in 2007/2008 = 9 940 Estimated Account(Deficit) as of 6130/08 = ($21,988) C. 2008/2009 ASSESSMENT Estimated cost for 2008/2009 ($12,000) Estimated Account (Deficit) as of 6/30/08 = ( 21 988 Total = ($33,988) Maximum Allowable Assessment = $9,027 Proposed 2008/2009 Assessment = $12,000 with annual Consumer Price Index adjustment beginning in 2009/2010. D. Number of parcels = 207 (Size of parcels vary) E. Average Cost in 2008/2009 per parcel = $57.97 ($12,000 divided by 207 parcels) Actual assessment varies due to variety of parcel sizes, see Riverside County Assessment Roll for 2008/2009 (Appendix A) F. Actual Costs vs. Assessments History (Previous Closed Out 5 Years): Actual Cost 02/03 = $18,518: 03/04 = $10,605-1 04/05 = $11,076; 05/06 = $9,605: 06/07 = $9,257 Assessment' $8,581 $9,027 $9,027 $9,027 $9,027 G. Budget(Expenditure Detail), see Account No. 001-4301-43600 1s Lighting Maintenance District No_1-Engineer's Report Page 6 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No f, Belardo Road Area APPENDIX A- DISTRICT DIAGRAM The parcels within the Palm Springs Street Lighting Maintenance District No.1 ("Belardo Road Area"), are shown on the current Riverside County Assessor's Parcel Map Book 513 Pages 12- 18, 20, 47, 50, 53, and 56, This County Assessor's Parcel Map along with the Assessment Roll constitutes the District Assessment Diagram. A copy of the Street Lighting District No-1 ("Belardo Road Area") Boundary is shown on the following page. 19 Lighting Maintenance District No.I-Engineer's Report Page 2 � +..^....n.I. Nm.w.r,:.�.:.:..wwu..+.-�.`_ ...r' .I_ uxc:r..x = Ic�� :�;t '^ I'_I.e :4• .-- a f 7-7 .Mr CAlL LN/ OF/YE 1 � ! F$ � +z a ''B � I �+�+�•x� a ..+•..� ; � CD p � .. rPvt# �• x .r v ; C) E • i .�. �E' �.... 9 `a I ` r iCD � .ARENA.4 RLY14 cord,-• .:.. � � I rn CD CD uj Lz p f > n+=.n BARISTO ROAD ROAD ru i lb_ - ••non.w rewvvrr F .,..,.r 0 n:. 4 F � xJ7 1+4 •n 11'r I r - -- .._.. � _ f i . ,., can v oo 00000,00 STREET LIGHTING DISTRICT NO. 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. 21 Lighting Maintenance District No.I-Engineer's Report Page 4 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 ASSESSOR'S ASSESSMENT ASSESSMENT PARCEL NUMBER � PARCEL NUMBERJL 513-120-010-9 $9.01 513-121-002-5 $19.52 513-120-011-0 $18.01 513-121-003-6 $19.52 513-120-012-1 $9.01 513-131-017-0 $146.40 513-120-013-2 $11.26 513-131-020-2 $592.34 513-120-015-4 $42.79 513-131-021-3 $781.53 513-120-016-5 $159.91 513-131-022-4 $117.12 513-120-017-6 $8.92 513-131-023-5 $123.87 513-120-025-3 $62.05 513-132-004-1 $32.32 513-120-026-4 $73.68 513-132-005-2 $64.11 V513-120-042-8 120-028 6 $38.78 513-132-006-3 $32.32 120-029-7 $135.72 513-132-007-4 $128.82 120-040-6 $45.05 513-132-009-6 $47.29 120-041-7 $45.05 513-132-017-3 $105.85 $45.05 513-132-018-4 $81.08 513-120-045-1 $40.54 513-133-001-1 $38.88 513-120-046-2 $45.05 513-133-002-2 $38.29 513-120-047-3 $47.29 513-133-004-4 $74.32 513-120-048-4 $76.57 513-133-005-5 $103.60 513-120-049-5 $72.07 513-133-006-6 $49.55 513-120-050-5 $38.29 513-133-008-8 $56.31 513-120-051-6 $36.03 513-133-012-1 $74.82 513-120-052-7 $40.54 513-133-013-2 $56.23 513-120-054-9 $371.62 513-133-014-3 $56.11 513-121-001-4 $19.52 513-133-016-5 $56.35 22 Lighting Maintenance District No.I-Engineer's Report Page 5 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 $5.86 513-135-021-5 $10.89 513-134-002-5 $5.86 513-135-022-6 $10-89 513-134-003-6 $5.86 513-135-023-7 $10.89 513-134-004-7 $5.86 513-135-024-8 $10.89 513-134-005-8 $5.86 513-136-001-0 $14.08 513-134-006-9 $5.86 513-136-002-1 $14.08 513-134-007-0 $5.86 513-136-003-2 $14.08 513-134-008-1 $5.86 513-136-004-3 $14.08 513-134-009-2 $5.86 513-136-005-4 $14.08 513-134-010-2 $5.86 513-136-006-5 $14.08 513-135-001-7 $15.77 513-136-007-6 $14.08 513-135-002-8 $15.77 513-136-008-7 $14.08 513-135-003-9 $15.77 513-141-001-6 $167-71 513-135-004-0 $15.77 513-141-004-9 $85.44 513-135-005-1 $15.77 513-141-005-0 $78.83 513-135-006-2 $15.77 513-141-011-5 $105,89 513-135-008-4 $14.41 513-141-013-7 $101,35 513-135-009-5 $14.41 513-141-015-9 $96.84 513-135-010-5 $14.41 513-141-016-0 $171,17 513-135-011-6 $14.41 513-142-001-9 $605.63 513-135-012-7 $14.41 513-142-003-1 $204-95 513-135-013-8 $14.41 513-143-006-7 $33,30 513-135-014-9 $14.41 513-143-008-9 $33-78 513-135-015-0 $14,41 513-143-009-0 $304.05 513-135-016-1 $14.41 513-151-002-8 $38.29 513-135-017-2 $14.41 513-151-006-2 $40.54 513-135-019-4 "$1100..8899 513-151-007-3 $40.54 513-135-020-4 513-151-010-5 $39.55 23 Lighting Maintenance District No.I-Engineer's Report Page 6 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 $18.02 513-155-004-2 $8.45 513-151-014-9 $18.02 513-155-005-3 $10.13 513-151-015-0 $18.02 513-155-006-4 $10.13 513-151-016-1 $18.02 513-155-007-5 $10,13 513-151-024-8 $11.26 513-155-008-6 $10.13 513-151-025-9 $11.26 513-155-009-7 $11.04 513-151-030-3 $54.05 513-155-010-7 $11.04 513-151-031-4 $22.52 513-155-011-8 $11.04 513-151-035-8 $72.07 513-155-012-9 $11.04 513-151-037-0 $166.66 513-155-013-0 $11.04 513-151-038-1 $51.80 513-155-014-1 $11.04 513-151-039-2 $89.81 513-155-015-2 $11.04 513-151-040-2 $51.93 513-155-016-3 $11.04 513-151-041-3 $166.36 513-155-017-4 $11.04 513-151-042-4 $139.74 513-155-018-5 $11.04 513-151-043-5 $123.73 513-155-019-6 $11.09 513-151-044-6 $56.76 513-155-020-6 $11.09 513-151-047 9 $74,32 513-155-021-7 $11.09 513-153-001-3 $145,10 513-155-022-8 $11.09 513-153-024-4 $13.51 513-155-023-9 $11.09 513-153-034-3 $263.51 513-155-024-0 $11.09 513-155-001-9 $8,45 513-155-025-1 $11.09 513-155-002-0 $8.45 513-155-026-2 $11.09 513-155-003-1 $8.45 513-155-027-3 $11.09 24 Lighting Maintenance District No.1-Engineer's Report Page 7 City of Palm Springs- Engineers Report Street Lighting Maintenance District No 1, Belardo Road Area ASSESSOR'S ASSESSMENT ASSESSOR'S ASSESSMENT PARCEL NUMBER PARCEL NUMBER 513-155-028-4 $11.09 513-201-002-2 $51.80 513-155-029-5 $11.09 513-202-001-4 $99 82 513-155-030-5 $11.09 513-202-002-5 $113.39 513-155-031-6 $11.09 513-203-013-8 $436.94 513-160-001-5 $32.75 513 470 001-3 $89.45 513-160-002-6 $32.75 513 47D-002-4 $11.16 513 160-003-7 $32.75 513-470 OD3 5 $11.16 513160-004-8 $32,75 513-470-004-6 $11.16 513-160-005-9 $32.75 513-470-005-7 $11.16 513-160-006-0 $32.75 513 470 OD6-8 $11.16 513-160-007-1 $32.75 513-470-007-9 $11.16 513-160-008-2 $32.75 513-470-008-0 $11.16 513-170-001-6 $41.45 513-470-009-1 $11.16 513-170-002-7 $41.45 513-470-010-1 $11,16 513-170-003-8 $41.45 513-470-013-4 $11.16 513-170-004-9 $41.45 513-470-014-5 $11.16 513-170-005-0 $41.45 513-501-001-8 $13.00 513-181-023-0 $630.63 513-501-002-9 $13.00 513-182-001-3 $76.57 513-501-003-0 $13.00 513-182-003-5 $51.80 513-501-004-1 $13.00 513-182-004-6 $49,55 513-501-005-2 $13.00 513-182-024-4 $81.08 513-501-006-3 $13.00 513-182-025-5 $5.17 513-501-007-4 $13.00 513-201-001-1 $51.80 513-501-008-5 $13.00 25 Lighting Maintenance District No,i- Engineer's Report Page 8 City or Palm Springs—Engineer's Report Street Lighting Maintenance District No-1, Belardo Road Area E5O1-009-6 'S ASSESSMENT ASSESSOR'S ASSESSMENT ER PARCEL NUMBER -6 $13.00 513-530-003-0 $18.77 -6 $13.00 513-530-004-1 $1877 8 $18.77 513-560-009-9 $538.29 -9 $18.77 TOTAL ASSESSMENT: $12,000.00 26 Lighting Maintenance District No.t-Engineer's Report Page 9 Cty 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 ?ALAI S U cn -k CIO Rp�AAYfO Intent Meeting: November 7, 2007 Public Hearing: January 16, 2008 27 City of Palm Springs— Engineer's Report Street Lighting Maintenance District No. 2, McManus Drive Engineer's Report Affidavit Palm Springs Street Lighting Maintenance District No. 2, "Mc Manus Drive" This Report describes the District including the improvements, budget, parcels and assessments to be levied for fiscal year 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. e�pFS10/yq�� C-xg931 David J. Barakien, P.E. T9�OFCA��F� Director of Public Works/City Engineer City of Palm Springs Civil Engineer C 28931 28 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. 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. James Thompson, City Clerk City of Palm Springs County of Riverside, California I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll thereto attached, was approved and confirmed by the City Council of the City of Palm Springs, California, on the 16th day of January, 2008. James Thompson, City Clerk City of Palm Springs County of Riverside, California 29 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 2, McManus Drive 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.....................................................2 METHOD OF APPORTIONMENT..... . .. ....................................... ......I................ 3 A. General. . .. ........................ 3 B. Benefit Analysis-- -- ---•..................... -------------------- ....................3 C_ Assessment Methodology--------------------- ..................................................4 D_ Assessment Formula............ ------------------------------------------------------ ............4 DISTRICT BUDGET 5 A. Description of Budget Items...................................................................... 5 B. District Budget- Fiscal Year 2008/2009..........................................................6 APPENDIX A— District Diagram .............. ........................ ---------- ----__.................................7 APPENDIX B —Assessment Roll ...... --------- ....................................................._........ 9 30 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No, 2, McManus Drive EXECUTIVE SUMMARY A. INTRODUCTION The purpose of this Engineer's Report (hereinafter referred to as the "Report") is to set forth the engineering analysis and findings for the levy of assessments in the City of Palm Springs (hereinafter referred to as the "City") Street Lighting Maintenance District No. 2, "McManus Drive", (hereinafter referred to as the "District"), for fiscal year 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 XII I D of the California Constitution (hereinafter referred to as "Article XIII D"). This District was formed to supplement certain City revenues and help finance the costs of providing for the maintenance of certain public improvements including but not limited to street lighting, within the District's boundaries. This report is prepared for the levy and collection of annual assessments for the District for fiscal year 2008/2009. The City initiates proceedings for annual levying of assessments within the District by passing a resolution, which states that the District was established under the Act. This resolution also describes the improvements, describes the name and location of the District, and preliminarily approves the Engineer's Report. The report prepared by the engineer must include an estimate of the costs of the improvements, a diagram, i.e., map of the District showing the boundary of the District and an assessment of the estimated costs of the improvements against the parcels or lots which benefit from the improvements. Once the report is completed it is presented to the City Council for its review and approval as presented, or it may be modified and approved. After the report is approved, the City Council may adopt a Resolution of Intention, which declares its intent to levy and collect assessments, describes the improvements, and refers to the report for details of the District. The Resolution of Intention also sets a time and place for a hearing on the proposed assessments. In 2004, the City initiated proceedings to increase the existing maximum annual assessments within the District, such that additional improvements to the street lighting system could occur, and that funds collected for this District could equal the current costs to operate and maintain the improvements. At the July 21, 2004, City Council meeting, a Public Hearing was conducted and a property owner protest ballot proceeding concluded, with the failure of the proposed increase to the existing maximum annual assessments within the District. This Engineer's Report continues to disclose the fact that the District is operating with a deficit, and continues to require the supplement of General Fund revenues from the City to operate and maintain the improvements within this District. In 2005, upon adoption of the confirmed Engineer's Report for this District for the 2Q05/2006 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 ("GPI") annual inflator. At the July 19, 2006, City Council meeting, a Public Hearing was conducted and a property owner protest ballot 31 City of Palm Springs, Lighting Maintenance District No. 2 Page 9 City of Palm Springs- Engineer s Report Street Lighting Maintenance Drstrict No 2, McManus Drive 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- In 2007, upon adoption of the confirmed Engineer's Report for this District for the 2007120O8 fiscal year, the City Council directed the City Engineer to schedule a third and final properly 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_ This Engineer's Report has been prepared in accordance with the previous City Council direction- B. OVERVIEW The District described in this Report contains parcels of land within the residential area generally located along McManus Drive between Saturmino Drive and Sunset Way, consisting of Lots 96-121 of the Map of"Desert Palm Estates"_ The City proposes to annually levy and collect special assessments to continue the maintenance of the improvements within the District. Assessments within the District are proposed to be levied pursuant to the provisions of the Street Lighting Act of 1931, Division 14, Part 2 of the Streets and Highways Code- The assessments described in this Engineer's Report (hereinafter referred to as the "Report") shall be levied upon each parcel within the boundaries of the District and assessments shall be proportional to the special benefit received from the maintenance of the improvements- For the District, a benefit assessment rate per Parcel is established based upon estimated and actual operations and maintenance costs for the year. This establishes 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 is 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 shall compute the percentage difference between the CPI for the latest monthly statistical data available each year at the time the Engineer's Report is prepared, with the CPI for the same monthly statistical data from the prior year, and shall 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 revise such index or discontinue the preparation of such index, the Engineer shall use the revised index or a comparable system as approved by the City Council for determining fluctuations in the cost of living. This Report describes the District and the proposed assessments for fiscal year 2008/2009. The annual budget for the maintenance and operation of the improvements is based on estimated expenses for the upcoming fiscal year. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessment Parcel Number by the Riverside County ("County") Assessor's Office. The Riverside County Auditor/Controller uses Assessment Parcel Numbers and specific Fund Numbers to identify on the tax roll properties assessed for special district benefit assessments. 32 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 DESCRIPTION OF THE DISTRICT A. DESCRIPTION OF THE DISTRICT The District described in this report contains 25 parcels of land (26 individual lots) within the residential area generally located along McManus Drive between Saturmino Drive and Sunset Way, consisting of Lots 96-121 of the Map of"Desert Palm Estates The purpose of the District is to ensure the ongoing maintenance, operation and servicing of local street lighting and electrical improvements within the District. This District will provide the financial mechanism (annual assessments) by which the ongoing operation and maintenance of these improvements will be funded. The District structure, method of apportionment and assessments described in this Report are based on existing improvement plans and estimated direct expenditures, incidental expenses, and reserves associated with the maintenance and servicing of the improvements. B. DESCRIPTION OF IMPROVEMENTS AND SERVICES The purpose of the District is to ensure the ongoing maintenance, operation and servicing of street lighting and electrical improvements within the District. These improvements may include, but are not limited to, all materials, equipment, utilities, labor and appurtenant facilities related to those improvements. The proposed improvements installed as part of the development and to be maintained and funded entirely or partially through the District assessments generally include the following: • Street lighting facilities located along McManus Drive; and • All appurtenant facilities, equipment, materials and utilities related to the aforementioned improvements. The estimated annual cost to provide and maintain the improvements within the District shall be allocated to each property in proportion to the special benefits received. The Method of Apportionment used in this Report utilizes commonly accepted assessment engineering practices. Public Street Lighting and Electrical Improvements The street lighting and electrical improvements may include, but are not limited to, electrical energy, lighting fixtures, poles, meters, conduits, electrical cable and associated appurtenant facilities associated with. All street lighting within the Street Lighting Maintenance District No.2 ("McManus Drive'). METHOD OF APPORTIONMENT A. GENERAL The method used for calculating assessments reflects the composition of the parcels and the improvements and services provided within the District to fairly apportion the costs based on estimated benefit to each parcel. 33 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 A parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable and the City must separate the general benefits from the special benefits. S. BENEFIT ANALYSIS All improvements associated with this District have been identified as necessary, required and desired for the orderly development of the properties within the District to their full potential, consistent with the proposed development plans. As such, these improvements would be necessary and required of individual property owners for the development of such properties, and the ongoing operation, servicing and maintenance of these improvements would be the financial obligation of those properties. Therefore, the improvements and the annual costs of maintenance and operation of the improvements are of direct and special benefit to the properties. The method of apportionment (method of assessment) is based on the premise that each assessed parcel within the District receives benefit from the improvements. The desirability and security of properties is enhanced by the presence of street lighting in close proximity to those properties. The special benefits of street lighting are the convenience, safety, and security of property, improvements, and goods. Specifically: • Enhanced deterrence of crime and the aid to police protection; ■ Increased nighttime safety on roads and streets; • Improved ability of pedestrians and motorists to see at night; • Improved ingress and egress to property; • Reduced vandalism and other criminal act and damage to improvements or property; • Improved traffic circulation and reduced nighttime accidents and personal property loss. All of the preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the District. Although the improvements may include lighting improvements and other amenities available or visible to the public at large, the maintenance of these improvements is only necessary for the properties within the District and are not required nor necessarily desired by any properties or developments outside the District boundary. Therefore, any public access or use of the improvements by others is incidental and there is no measurable general benefit to properties outside the District or to the public at large. C. ASSESSMENT METHODOLOGY The method of apportionment for the District calculates the receipt of special benefit from the respective improvements based on the actual land use of the parcels within the District. The special benefit received by each lot or parcel is equated to the overall land use of the parcel based on the parcel's actual land use, and is reliant upon the special benefit received from the improvements within the District. To identify and determine the special benefit to be received by each parcel, it is necessary to consider the entire scope of the District improvements as well as individual property development within the District. The costs associated with the improvements shall be fairly distributed among the parcels based upon the special benefit received by each parcel. 34 City of Palm Springs, Lighting Maintenance District No. 2 Page 4 City of Palm Springs- Engrneer's Report Street Lighting Maintenance District No. 2, McManus Drive Proper maintenance and operation of the street lighting system benefits all properties by enhancing overall safety, mitigating crime, alleviating the fear of crime, and enhancing pedestrian safety. The street lighting located on McManus Drive provides 100% special and direct benefit to all properties within the District. These lighting benefits are directly related to the positive enhancement of the area increasing property desirability. Therefore 100% of the costs of the lights will be apportioned to each parcel on a single-family residential unit basis. The benefits are the same for all lots but one parcel (No. 502-034-019) consists of 2 lots, therefore the assessment for this parcel is twice that of individual parcels. D. ASSESSMENT FORMULA Any new or increased assessment requires certain noticing and meeting requirements by law. Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID), legislative changes in the Brown Act defined a "new or increased assessment' to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation). The purpose of establishing an Assessment Formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures, which could add to the District costs and assessments. This District provides for an annual adjustment to the Maximum Assessment Rate based upon the Consumer Price Index for the Los Angeles-Orange-Riverside County Area. The Assessment Formula shall be applied to all future assessments within the District. Generally, if the proposed annual assessment for the current fiscal year is less than or equal to the calculated Maximum Assessment, then the proposed annual assessment is not considered an increased assessment. The Maximum Assessment is equal to the initial Assessment (approved by property owners within the District) adjusted annually based upon the Consumer Price Index. Beginning in fiscal year 2009/2010 and each fiscal year thereafter, the Maximum Assessment would be recalculated and a new Maximum Assessment established within the District. The Maximum Assessment is adjusted annually and is calculated independent of the District's annual budget and proposed annual assessment. Any proposed annual assessment less than or equal to this Maximum Assessment is not considered an increased assessment, even if the proposed assessment is greater than the assessment applied in the prior fiscal year. Although the Maximum Assessment will increase each year, the actual assessment may remain unchanged. The Maximum Assessment adjustment is designed to establish a reasonable limit on assessments. The Maximum Assessment calculated each year does not require or facilitate an increase to the annual assessment and neither does it restrict assessments to the adjustment maximum amount. If the budget and assessment for the fiscal year do not require an increase, or the increase is less than the adjusted Maximum Assessment, then the required budget and assessment may be applied without additional property owner balloting. If the budget and assessments calculated requires an increase greater than the adjusted Maximum Assessment, then the assessment is considered an increased assessment and would be subject to balloting. 35 City of Palm Springs, Lighting Maintenance District No. 2 Page 5 City of Palm Springs- Engineer's Report Street Lighting Maintenance District No. 2, McManus Drive DISTRICT BUDGET A. DESCRIPTION OF BUDGET ITEMS For the purpose of estimating costs for the maintenance and servicing, actual costs are used where possible. But where the improvements are new, or where actual maintenance experience is lacking, cost estimates will be used to determine costs, as follows.- Street light energy costs: The cost of energy is based on current Edison rates. Street light maintenance: Maintenance costs include: maintenance labor, materials and equipment required to properly maintain the authorized improvements and services within the District. Incidental costs: These are costs for special items, such as costs of levying the assessments with the County Tax Collector, anticipated utility rate increases, or other such costs, and are determined individually. Another Incidental Cost is the expense of Assessment Engineering services. This includes costs of performing annual assessment engineering, determining existing or estimated costs, retaining of consultants, preparation of the Engineer's Report, and other related costs, such as publication of notices, mailings, etc. Another Incidental Cost is the County Assessor-Tax Collector's charge of $25 per County assessment account plus $0,20 per levied parcel, to place the assessments on the tax rolls. This charge will be distributed between the benefit Districts. Miscellaneous: All cost estimates shall be rounded to the nearest dollar, except where specified differently above. The total amount to be levied on any parcel will be rounded to an even number to accommodate collection on the property tax bill in two equal installments. Lighting System Repair: In spring 2007, the lighting system for this District failed. Since the electrical failure, the lighting system has remained inoperable, due to insufficient District funding for repair work. A budget item has been established, estimated as the cost to perform electrical investigations and necessary repairs to the lighting system- B. DISTRICT BUDGET The District budget report has been prepared pursuant to the Street Lighting Act of 1931 (Part 2 of Division 14 of the Streets and Highways Code and Article XIIID, Section 4 of the California Constitution (Proposition 218). See next page. 36 City of Palm Springs, Lighting Maintenance District No. 2 Page 6 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No 2, McManus Drive B. DISTRICT BUDGET FISCAL YEAR 2008/2009 STREET LIGHTING DISTRICT NO. 2 ("MCMANUS DRIVE") Formed in 1967 A. LIGHTING MAINTENANCE Budget Items 2008/2009 Estimated Cost 1, Lighting System Repair $ 10,000 2. SCE Utility bills $ 8,500 3. Labor&Administration $ 1,500 4. Incidentals $ 500 $ 20,500 Note: Maximum approved assessment was in Fiscal Year 1991/1992, established at $4,250. B. Actual Costs vs. Assessments Summary.- Account (Deficit) as of 6/30/06 = (12,375) Assessment in 2006/2007 = $4,250 Actual Costs in 2006/2007 = 9 195 Account (Deficit) as of 6/30/07 = ($17,320) Assessment in 2007/2008 = $4,250 Estimated Costs in 2007/2008 = 1 500' Estimated Account(Deficit) as of 6/30/08 = ($14,570) C. 2008/2009 ASSESSMENT Estimated cost for 2008/2009 ($20,500) Estimated Account(Deficit) as of 6/30/08 = ( 14 570 Total = ($35,070) Maximum Allowable Assessment= $4,250 Proposed 2008/2009 Assessment = $20,500 with annual Consumer Price Index adjustment beginning in 2009/2010. D. Number of parcels = 25 (26 individual lots, with one parcel including two merged lots) E. Cost in 2008/2009 per lot = $788.46 ($20,500 divided by 26 lots) F. Actual Costs vs. Assessments History(Previous Closed Out 5 Years).- Actual Costs: 02/0345,231; 03/04=$4,909; 04/05=$7,650; 05/0645,905; 06/0749,195 Assessments: $4,250 $4,250 $4,250 $4,250 $4,250 G. Budget(Expenditure Detail), see Account No. 001-4301-43610 ' The lighting system remains inoperable until funds are provided for its repair. Therefore, expenses are limited to labor and administrative costs associated with the District. 37 City of Palm Springs, Lighting Maintenance District No. 2 Page 7 City of Palm Springs— Engineer's Report Street Lighting Maintenance District No. 2, McManus Drive APPENDIX A - DISTRICT DIAGRAM The parcels within the Palm Springs Street Lighting Maintenance District No. 2 ("McManus Drive"), are shown on the current Riverside County Assessor's Parcel Map Book 502 Pages 03 and 04. This County Assessor's Parcel Map along with the Assessment Roll constitutes the District Assessment Diagram. A copy of the Street Lighting Maintenance District No. 2 ("McManus Drive") Boundary is shown on the following page. 38 City of Palm Springs, Lighting Maintenance District No. 2 Page 8 ' y (7lrate SI 2 max Assessment anoroved at 54,160.60 fit 39 W2) n m r 4 o a OESE'.4>r— F.�1 rro'S ES;-4 T,•0 .�o O .,,� j _ Jbrnrrc aruraw.tr xrrrxe+vrta-N!nw � �, y `!x ese•rr v$_ ! i -=.. 1 .i , psrvc e.xraerr n 6 oyi.a ar ril.rry. ! •�• Ire.i/t, wr Zs: ! .. '\\ a I/r-are Ids. Q'^^-.L .'^- • -as"•��' ]. ,x of :e�•ar i.et m e4 �` O '•� F• k r y, Y .L" 1• s N.• y� f `rut O[s.ppf we[.ee- 1 ti h f1f J ^,4^ — .-"Irr`llrir� wx- r• w' �{.V y — DR 'h'k . !.. ,•.i .�e x S f ;+C -• .. '— �r.'rtu..a r.-J _ - {j_nark �.t'r •'.. ' .•.•, ._ -'r' w=_ ^ fO O O :�-fir •_ .. 'r ^.. ,r �'w�.' e.e � ��� � +� r l '.r�. DRJYl - 7 f Mr �Ire.ea[ , Iss-e,.trt 'gym .I Q M. r�:..., , ` rrr �i`© r '`r�i u•• �:• j ran_ Q f 91f-a/R r3f./O�f ::JJ YbI✓Sl Iti•Dr� Odi.J 1 { kr • 's j - Y (7 _L_=_�_—_-^—+.F_— I ,� I e.' � ' w� 'I .r rT 1 C� s�l•rs� y r16-N_s �t seeri. r a rtr [ �ti � ro --_^�_ _-_-___-••-_-_ _ -• � __ I_ E ;,i -� .ILf.Os.0 ` rF.S .- - ... _ - �• arnaer do MC MANUS DRIV5.- " I STREET Ua T JNC AlN sRI TENANCE zsRRoTMSFOR�,rM lWr, o i STREET fJG[i ING ACT OF 1331 DISTRICT 140.2 w 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 Map(s) associated with the Secured Roll. A listing of parcels assessed within this District, along with the assessment amounts, is shown on the following table. 40 City of Palm Springs, Lighting Maintenance District No, 2 Page 10 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 2 McManus Drive RIVERSIDE COUNTY ASSESSMENT ROLL STREET LIGHTING MAINTENANCE DISTRICT NO 2 ("McMANUS DRIVE") FISCAL YEAR 2008/2009 FUND NO, 68-2611 ASSESSOR'S PARCEL - ^� 1 NUMBER ASSESSMENT 502-034-009-3 788.46 502-034-010-3 788.46 502-034-013-6 788.46 502-034-014-7 788.46 502-034-015-8 788.46 502-034-016-9 788.46 502-034-019-2 788.46 502-035-001-8 788.46 502-035-002-9 788A6 502-035-003-0 788.46 502-035-004-1 788.46 502-035-005-2 788.46 502-035-006-3 788.46 502-035-007-4 788.46 502-044-007-2 788.46 502-044-008-3 788.46 502-044-009-4 788.46 502-044-010-4 788.46 502-044-011-5 788.46 502-044-012-6 788.46 2-045-001-9 788.46 502-045-002-0 788.46 502-045-003-1 788.46 502-045-004-2 788.46 502-045-005-3 788.46 TOTAL = $4,249.96 41 City of Palm Springs, Lighting Maintenance District No. 2 Page 11 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 4, Eagle Way Area CITY OF PALM SPRINGS ENGINEER'S REPORT STREET LIGHTING MAINTENANCE DISTRICT NO. 4 "EAGLE WAY AREA" FISCAL YEAR 2008/2009 ?ALAI S OF U to FO R��BAYFp Intent Meeting: November 7, 2007 Public Hearing: January 16, 2008 42 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. �rF, .SSIONA q�, 6ARq 9�F C — 0 2893 m By. PAL,- David J. Barakian, P.E. *��9 Of Director of Public Works/City Engineer City of Palm Springs Civil Engineer C 28931 43 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 4, Eagle Way Area CITY OF PALM SPRINGS ENGINEER'S REPORT STREET LIGHTING 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. 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. James Thompson, City Clerk City of Palm Springs County of Riverside, California I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll thereto attached, was approved and confirmed by the City Council of the City of Palm Springs, California, on the 16th day of January, 2008. James Thompson, City Clerk City of Palm Springs County of Riverside, California 44 City of Palm Springs-Engineer's Report Street Lighting Maintenance District No. 4, Eagle Way Area TABLE OF CONTENTS EKECUTIVESUMMARY................... . . ,......................................................................... 1 A. Introduction.......................... -- .. ...................... ................... .. -- 1 B. Overview -- . .. .......................... --- - -- - 2 DESCRIPTION OF THE DISTRICT.... . . ................................................................. .2 A. Description of the District . ........................................................................2 B. Description of Improvements and Services ...................... ....................2 METHOD OF APPORTIONMENT............ • •.............................................................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 2008/2009 .........................................................8 APPENDIX A- District Diagram . ......................... •• .. •-- . . -.........................9 APPENDIX B -Assessment Roll.......................----------------------------...........------- ---------•------- 45 City of Palm Springs— Engrneer's Report Street Lighting Maintenance District No. 4, Eagle Way Area EXECUTIVE SUMMARY A. INTRODUCTION The purpose of this Engineer's Report (hereinafter referred to as the "Report) is to set forth the engineering analysis and findings for the levy of assessments in the City of Palm Springs (hereinafter referred to as the "City") Street Lighting Maintenance District No. 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 street lighting maintenance within the District's boundaries. This report is prepared for the levy and collection of annual assessments for the District for fiscal year 2008/2009. The City initiates proceedings for annual levying of assessments within the District by passing a resolution, which states that the District was established under the Act. This resolution also describes the improvements, describes the name and location of the District, and preliminarily approves the Engineer's Report. The report prepared by the engineer must include an estimate of the costs of the improvements, a diagram, i.e., map of the District showing the boundary of the District and an assessment of the estimated costs of the improvements against the parcels or lots which benefit from the improvements. Once the report is completed it is presented to the City Council for its review and approval as presented, or it may be modified and approved. After the report is approved, the City Council may adopt a Resolution of Intention, which declares its intent to levy and collect assessments, describes the improvements, and refers to the report for details of the District. The Resolution of Intention also sets a time and place for a hearing on the proposed assessments. In 2004, the City initiated proceedings to increase the existing maximum annual assessments within the District, such that additional improvements to the street lighting system could occur, and that funds collected for this District could equal the current costs to operate and maintain the improvements. At the July 21, 2004, City Council meeting, a Public Hearing was conducted and a property owner protest ballot proceeding concluded, with the failure of the proposed increase to the existing maximum annual assessments within the District. This Engineer's Report continues to disclose the fact that the District is operating with a deficit, and continues to require the supplement of General Fund revenues from the City to operate and maintain the improvements within this District. In 2005, upon adoption of the confirmed Engineer's Report for this District for the 2005/2006 fiscal year, the City Council directed the City Engineer to schedule property owner protest ballot proceedings on the matter of approving an increase to the maximum annual assessment, as necessary to increase assessments to cover estimated annual expenses and to implement a Consumer Price Index ("CPI") annual inflator_ At the July 19, 2006, City Council meeting, a Public Hearing was conducted and a property owner protest ballot 46 City of Palm Springs, Lighting Maintenance District No. 4-Engineer's Report Page 1 City of Palm Springs- Engineer's Report Street Lighting Maintenance District No. 4, Eagle Way Area 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. In 2007, the preliminary Engineer's Report for this District for the 2007/2008 fiscal year recommended that this District be dissolved and abandoned, and that the street lighting improvements remain operational, but with costs absorbed by the City. However, pursuant to City Council direction, dissolution and abandonment of this District was not approved, and 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, This Engineer's Report has been prepared in accordance with the previous City Council direction- B. OVERVIEW The District described in this report contains 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 proposes to annually levy and collect special assessments to continue the maintenance of the improvements within the District. Assessments within the District are proposed to be levied pursuant to the provisions of the Street Lighting Act of 1931, Division 14, Part 2 of the Streets and Highways Code. The assessments described in this Engineer's Report (hereinafter referred to as the "Report") shall be levied upon each parcel within the boundaries of the District and assessments shall be proportional to the special benefit received from the maintenance of the improvements. For the District, a benefit assessment rate per Parcel is established based upon estimated and actual operations and maintenance costs for the year. This establishes 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 is 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 shall compute the percentage difference between the CPI for the latest monthly statistical data available each year at the time the Engineer's Report is prepared, with the CPI for the same monthly statistical data from the prior year, and shall 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 revise such index or discontinue the preparation of such index, the Engineer shall use the revised index or a comparable system as approved by the City Council for determining fluctuations in the cost of living. This Report describes the District and the proposed assessments for fiscal year 2008/2009. The annual budget for the maintenance and operation of the improvements is based on estimated expenses for the upcoming fiscal year. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessment Parcel Number by the Riverside County ("County") Assessor's Office. The Riverside County Auditor/Controller uses Assessment Parcel Numbers and specific Fund Numbers to identify on the tax roll properties assessed for special district benefit assessments. 47 City of Palm Springs, Lighting Maintenance District No. 4-Engineer's Report Page 2 City of Palm Springs— Engineer's Report Street Lighting Maintenance District No. 4, Eagle Way Area DESCRIPTION OF THE DISTRICT A. DESCRIPTION OF THE DISTRICT The Street Lighting Maintenance District No. 4 ("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 includes 43 single-family residential parcels. The purpose of the District is to ensure the ongoing maintenance, operation and servicing of local street lighting and electrical improvements installed in connection with development of properties within the District. This District will provide the financial mechanism (annual assessments) by which the ongoing operation and maintenance of these improvements will be funded. The District structure, method of apportionment and assessments described in this Report are based on current development and improvement plans including all estimated direct expenditures and incidental expenses associated with the maintenance and servicing of the improvements. B. DESCRIPTION OF IMPROVEMENTS AND SERVICES The purpose of the District is to ensure the ongoing maintenance, operation and servicing of street lighting and electrical improvements installed within the District. These improvements may include, but are not limited to, all materials, equipment, utilities, labor and appurtenant facilities related to those improvements. The proposed improvements installed as part of the development and to be maintained entirely through the District assessments generally include the following: • Street lighting facilities located along Eagle way, Divot Lane, Bridge Way and Par Drive,- and • All appurtenant facilities, equipment, materials and utilities related to the aforementioned improvements. The estimated annual cost to provide and maintain the improvements within the District shall be allocated to each property in proportion to the special benefits received. The Method of Apportionment 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: 48 City of Palm Springs, Lighting Maintenance District No. 4-Engineer's Report Page 3 City of Palm Springs—Engincer's Report Street Lighting Maintenance District No. 4, Eagle Way Area a) Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage; b) Lights, playground equipment, play courts, and public restrooms; c) The acquisition of land for park, recreational, or open-space purposes; 5) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, 6) The acquisition of any associated existing improvement; 7) The maintenance or servicing of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement including, but not limited to: a) Repair, removal, or replacement of all or any part of any improvements; b) Grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities; c) Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; d) The removal of trimmings, rubbish, debris, and other solid waste; e) The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti; f) Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; g) Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements; 8) Incidental expenses associated with the improvements including, but not limited to: a) The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; b) The costs of printing, advertising, and the publishing, posting and mailing of notices; c) Compensation payable to the County for collection of assessments; d) Compensation of any engineer or attorney employed to render services; e) Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; and, f) Costs associated with any elections held for the approval of a new or increased assessment. Public Street Lighting and Electrical Improvements The street lighting and electrical improvements may include, but are not limited to, electrical energy, lighting fixtures, poles, meters, conduits, electrical cable and associated appurtenant facilities associated with: All street lighting within the Street Lighting Maintenance District No_4 ("Eagle Way Area"). 49 City of Palm Springs, Lighting Maintenance District No. 4-Engineer's Report Page 4 City of Palm Springs—Engineer's Report Street Lighting Maintenance District No. 4, Eagle Way Area METHOD OF APPORTIONMENT A. GENERAL_ The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include the construction, maintenance, and servicing of public lights, landscaping, parks, open space areas and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: "The net amount to be assessed upon lands within an assessment district or District may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." The formula used for calculating assessments reflects the composition of the parcels and the improvements and services provided within the District to fairly apportion the costs based on estimated benefit to each parcel. In addition, Article XIII D requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Article XIII D provides that only special benefits are assessable and the City must separate the general benefits from the special benefits. B. BENEFIT ANALYSIS All improvements associated with this District have been identified as necessary, required and desired for the properties within the District to their full potential, consistent with the development plans. As such, these improvements would be necessary and required of individual property owners for the development of such properties, and the ongoing operation, servicing and maintenance of these improvements would be the financial obligation of those properties. Therefore, the improvements and the annual costs of maintenance and operation of the improvements are of direct and special benefit to the properties. The method of apportionment (method of assessment) is based on the premise that each assessed parcel within the District receives benefit from the improvements. The desirability and security of properties is enhanced by the presence of street lighting in close proximity to those properties. The special benefits of street lighting are the convenience, safety, and security of property, improvements, and goods. Specifically: • Enhanced deterrence of crime and the aid to police protection; • Increased nighttime safety on roads and streets; • Improved ability of pedestrians and motorists to see at night; • Improved ingress and egress to property; • Reduced vandalism and other criminal act and damage to improvements or property; • Improved traffic circulation and reduced nighttime accidents and personal property loss. All of the preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the District. Although the improvements may include lighting improvements and other amenities available or visible to the public at large, the 50 City of Palm Springs, Lighting Maintenance District No. 4-Engineer's Report Page 5 City of Palm Springs— Engineer's Report Street Lighting Maintenance District No 4, Eagle Way Area maintenance of these improvements is only necessary for the development of properties within the District and are not required nor necessarily desired by any properties or developments outside the District boundary_ Therefore, any public access or use of the improvements by others is incidental and there is no measurable general benefit to properties outside the District or to the public at large. C. ASSESSMENT METHODOLOGY The method of apportionment for the District calculates the receipt of special benefit frc)m the respective improvements based on the actual land use of the parcels within the District. The special benefit received by each lot or parcel is equated to the overall land use of the parcel based on the parcel's actual land use, and is reliant upon the special benefit received from the improvements within the District. To identify and determine the special benefit to be received by each parcel, it is necessary to consider the entire scope of the District improvements as well as individual property development within the District. The costs associated with the improvements shall be fairly distributed among the parcels based upon the special benefit received by each parcel. Proper maintenance and operation of the street lighting system benefits all properties by enhancing overall safety, mitigating crime, alleviating the fear of crime, and enhancing pedestrian safely. The street lighting located along Eagle Way, Divot Lane, Bridge Way and Par Drive provides 100% special and direct benefit to all properties within the District. These lighting benefits are directly related to the positive enhancement of the area increasing property desirability. Therefore 100% of the costs of the lights will be apportioned to each parcel on a single- family residential unit basis. All lots are assessed the same amount as each is a single- family lot and receives equivalent benefit. D, ASSESSMENT FORMULA Any new or increased assessment requires certain noticing and meeting requirements by law. Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation). The purpose of establishing an Assessment Formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures, which could add to the District costs and assessments. This District provides for an annual adjustment to the Maximum Assessment Rate based upon the Consumer Price Index for the Los Angeles-Orange-Riverside County Area. The Assessment Formula shall be applied to all future assessments within the District. Generally, if the proposed annual assessment for the current fiscal year is less than or equal to the calculated Maximum Assessment, then the proposed annual assessment is not considered an increased assessment. The Maximum Assessment is equal to the initial Assessment (approved by property owners within the District) adjusted annually based upon the Consumer Price Index. 51 City of Palm Springs, Lighting Maintenance District No. 4-Engineer's Report Page 6 City of Palm Springs— Engineer's Report Street Lighting Maintenance D/strict No 4, Eagle Way Area Beginning in fiscal year 2009/2010 and each fiscal year thereafter, the Maximum Assessment would be recalculated and a new Maximum Assessment established within the District. The Maximum Assessment is adjusted annually and is calculated independent of the District's annual budget and proposed annual assessment. Any proposed annual assessment less than or equal to this Maximum Assessment is not considered an increased assessment, even if the proposed assessment is greater than the assessment applied in the prior fiscal year. Although the Maximum Assessment will increase each year, the actual assessment may remain unchanged. The Maximum Assessment adjustment is designed to establish a reasonable limit on assessments. The Maximum Assessment calculated each year does not require or facilitate an increase to the annual assessment and neither does it restrict assessments to the adjustment maximum amount. If the budget and assessment for the fiscal year do not require an increase, or the increase is less than the adjusted Maximum Assessment, then the required budget and assessment may be applied without additional property owner balloting. If the budget and assessments calculated requires an increase greater than the adjusted Maximum Assessment, then the assessment is considered an increased assessment and would be subject to balloting. DISTRICT BUDGET A. DESCRIPTION OF BUDGET ITEMS For the purpose of estimating costs for the maintenance and servicing, actual costs are used where possible. But where the improvements are new, or where actual maintenance experience is lacking, cost estimates will be used to determine costs, as follows: Street light energy costs: The cost of energy is based on current Edison rates. Street light maintenance: Maintenance costs include: maintenance labor, materials and equipment required to properly maintain the authorized improvements and services within the District. Incidental costs: These are costs for special items, such as costs of levying the assessments with the County Tax Collector, anticipated utility rate increases, or other such costs, and are determined individually_ Another Incidental Cost is the expense of Assessment Engineering services. This includes costs of performing annual assessment engineering, determining existing or estimated costs, retaining of consultants, preparation of the Engineer's Report, and other related costs, such as publication of notices, mailings, etc. Another Incidental Cost is the County Assessor-Tax Collector's charge of $25 per County assessment account plus $0.20 per levied parcel, to place the assessments on the tax rolls_ This charge will be distributed between the benefit Districts. Miscellaneous: All cost estimates shall be rounded to the nearest dollar, except where specified differently above. The total amount to be levied on any parcel will be rounded to an even number to accommodate collection on the property tax bill in two equal installments. 52 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 B. DISTRICT BUDGET This report has been prepared pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code) and Article XIIID, Section 4 of the California Constitution (Proposition 218). See next page. 53 City of Palm Springs, Lighting Maintenance District No. 4-Engineer's Report Page 8 City of Palm Springs- Engineer s Report Street Lighting Maintenance 01strict No 4, Eagle Way Area B. DISTRICT BUDGET FISCAL YEAR 2008/2009 STREET LIGHTING MAINTENANCE DISTRICT NO. 4 ("EAGLE WAY AREA") Formed in 1986 A. LIGHTING MAINTENANCE Budget Items 2008/2009 Estimated Cast 1. SCE Utility bills $ 750 2. Labor& Administration $ 1,500 4. Incidentals $ 500 $ 2,750 Note: Maximum approved assessment was in Fiscal Year 1998/1999, established at $1,129. B. Actual Costs vs. Assessments Summary: Account(Deficit) as of 6/30/06 = ($13,215) Assessment in 2006/2007 = $1,129 Actual Costs in 2006/2007 = 1 669 Account(Deficit) as of 6/30/07 = ($13,755) Assessment in 2007/2008 = $0' Estimated Costs in 2007/2008 = 2 210 Estimated Account (Deficit) as of 6130/08 = ($15,965) C. 2008/2009 ASSESSMENT Estimated cost for 2008/2009 ($2,750) Estimated Account(Deficit) as of 6/30108 = ( 15 965 Total = ($18,715) Maximum Allowable Assessment = $1,129 Proposed 2008/2009 Assessment = $2,750 with annual Consumer Price Index adjustment beginning in 200912010. D. Number of parcels = 43 E. Cost in 2008/2009 per parcel = $63.95 ($2,750 divided by 43 parcels) F. Actual Costs vs_ Assessments History (Previous Closed Out 5 Years): Actual Costs: 02/03=$1,609; 03/04=$1,662; 04/05=$4,500 05/06=$2,925; 06/07=$1,669 Assessments: $1.129 $1,129 $1,129 $1,129 $1,129 G. Budget (Expenditure Detail), see Account No. 001-4301-43630 No assessment was levied for the 2007/2008 fiscal year. 54 City of Palm Springs, Lighting Maintenance District No. 4- Engineer's Report Page 9 City of Palm Springs— Engineer's Report Street Lighting Maintenance District No. 4, Eagle way Area 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. 55 City of Palm Springs, Lighting Maintenance District No. 4- Engineer's Report Page 10 Cdy of palrn Springs- Engn1eer'5 Report Street Lighting Maintenance District No, 4, Eagle Way Area 32 EI 30 49 4e 47 • A A * 4 . 46" P • DRIVE 13 , 14 29 30 4E - L • A A. $C ACE,1"=20C' 12 IS Ee 31 A 44 a W ' 11 16 q 27 32 Q ' 43 A -1. A 10 17 26 33 42 } 9 Is 26 -34 41 IC a l L. Qa 19 I- E4 33" t5 40 W o A x r to •q za aG S3 39 W a a A G 21 22 a7 as • A A A EAOL& WAY • A a SEVEN LAKES DR. 0 al W W } � o W WAVERLY 14 DRIVE DISTRICT BOUNDARY PROPERTY OWNERS StORINO PETITION--- A • Fa LOCATION OF STREET LIONTS W a BA P m• r STREET LIGHT MAINTENANCE 1�lGk NJ, c1YON b�f��. I•DI.S'TRIOT Nt 4 •. 4e PRO'Pq"E9 FDRMFD 1080 STREET'LteNTINa'018TRIOT•IN A PORTION OF TRACT N6.2159, SEOTION 30,T-4-8, R•a-F, S.R.a.0 M., IN,-THE CITY OF PALM SPRINOSICA, 'Landscaping and Lighting Act at 1972 56 City of Palm Springs, Lighting Maintenance District No. 4-Engineer's Report Page 11 City of Palm Springs— Engineer's Report Street Lighting Maintenance District No. 4, Eagle Way Area APPENDIX B - ASSESSMENT ROLL Parcel identification for each parcel within the District shall be the parcel as shown on the Riverside County Secured Roll for the year in which this Report is prepared and reflective of the Assessor's Parcel Map associated with the Secured Roll. A listing of parcels assessed within this District, along with the assessment amounts, is shown on the following table. 57 City of Palm Springs, Lighting Maintenance District No. 4-Engineer's Report Page 12 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 WPARCEL ASSESSMENT ASSESSOR'S ASSESSMENT ER PARCEL NUMBER 001-4 $63.95 681-142-009-5 $63.95 002-5 $63.95 681-142-010-5 $63.95 O03-6 $63.95 681-142-011-6 $63.95 004-7 $63.95 681-142-012-7 $63.95 05-8 $63.95 681-142-013-8 $63.95 06-9 $63.95 681-142-014-9 $63.95 681-141-007-0 $63.95 681-142-015-0 $63.95 681-141-008-1 $63.95 681-142-016-1 $63.95 681-141-009-2 $63.95 681-143-001-0 $63.95 681-141-010-2 $63.95 681-143-002-1 $63.95 1681-"142-005-1 $63.95 -011-3 $63.95 681-143-003-2 $63.95 -012-4 $63.95 681-143-O04-3 $63.95 -013-5 $63.95 681-143-005-4 $63.95 -014-6 $63.95 681-143-006-5 $63.95 -001-7 $63.95 681-143-007-6 $63.96 -002-8 $63.95 681-143-008-7 $63.95 003-9 $63.95 681-144-001-3 $63.95 -004-0 $63.95 681-144-002-4 $63.95 -005-1 $63.95 681-144-003-5 $63.95 681-142-006-2 $63.95 681-144-O04-6 $63.95 'E 6111-142-007-3 $63.95 681-144-005-7 $63.95 681-142-0D8-4 $63.95 TOTAL = $2,749.85 58 City of Palm Springs, Lighting Maintenance District No. 4-Engineer's Report Page 13 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 pAI M S UN'_ cn RpaRAVO cq� I p() RN�P Intent Meeting: November 7, 2007 Public Hearing: January 16, 2008 59 City of Palm Springs— Engineer's Report Parkway Maintenance District No. 68, 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 200812009, 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. ESSiot OQ BA �! w C-28931 m BY: 015L David J. Barakian, P.E. sq CMS Director of Public Works/City Engineer �UF CA1.\Fp City of Palm Springs Civil Engineer C 28931 60 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 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. James Thompson, City Clerk City of Palm Springs County of Riverside, California I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll thereto attached, was approved and confirmed by the City Council of the City of Palm Springs, California, on the 16th day of January, 2008. James Thompson, City Clerk City of Palm Springs County of Riverside, California 61 City of Palm Springs— Engineers Report Parkway Maintenance District No. 68, Parkside Estates TABLE OF CONTENTS EXECUTIVESUMMARY .............................................. ..... ................ .... . .... . ... ............ ....1 A. Introduction........................................................................... ........... .... .......1 B. Overview ------------------_.................. .............. ............................. .... ..............I DESCRIPTION OF THE DISTRICT............................................................................................2 A. Description of the District................................................................................2 B. Description of Improvements and Services.....................................................2 METHOD OF APPORTIONMENT_.............................................................................................4 A. General........ . . . ...................... • . ............... -- --...........-- • ---------4 B. Benefit Analysis........................................ .................. ..............................._4 C. Assessment Methodology... ..........................._------- ............. .. .....................5 D. Assessment Formula-------------__.....................................................................5 DISTRICTBUDGET....__............................ ........... ...................................................................6 A. Description of Budget Items-------- ...................................................................6 B. District Budget- Fiscal Year 2008/2009.........................................................7 APPENDIX A-District Diagrams.................... ......................... .................................................8 APPENDIX B-Assessment Roll....................................................... ...................................12 62 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 "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. 6B (°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 report is prepared for the levy and collection of annual assessments for District for fiscal year 2008/2009. The City initiates proceedings for annual levying of assessments within the District by passing a resolution, which states that the District was established under the Act. This resolution also describes the improvements, describes the name and location of the District, and preliminarily approves the Engineer's Report. The report prepared by the engineer must include an estimate of the costs of the improvements, a diagram, i.e., map of the District showing the boundary of the District and an assessment of the estimated costs of the improvements against the parcels or lots which benefit from the improvements. Once the report is completed it is presented to the City Council for its review and approval as presented, or it may be modified and approved. After the report is approved, the City Council may adopt a Resolution of Intention, which declares its intent to levy and collect assessments, describes the improvements, and refers to the report for details of the District. The Resolution of Intention also sets a time and place for a hearing on the proposed assessments. In 2004, the City initiated proceedings to increase the existing maximum annual assessments within the District, such that additional improvements to the street lighting system could occur, and that funds collected for this District could equal the current costs to operate and maintain the improvements_ At the July 21, 2004, City Council meeting, a Public Hearing was conducted and a property owner protest ballot proceeding concluded, with the failure of the proposed increase to the existing maximum annual assessments within the District. This Engineer's Report continues to disclose the fact that the District is operating with a deficit, and continues to require the supplement of General Fund revenues from the City to operate and maintain the improvements within this District. In 2005, upon adoption of the confirmed Engineer's Report for this District for the 2005/2006 fiscal year, the City Council directed the City Engineer to schedule property owner protest ballot proceedings on the matter of approving an increase to the maximum annual assessment, as necessary to increase assessments to cover estimated annual expenses and to implement a Consumer Price Index ("CPI") annual inflator. 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 City of Palm Springs, Parkway Maintenance District No. 68- Engineer's Report Page 1 63 City or Palm Springs— Engineer s Report Parkway Maintenance District No. 6B, Parkside Estates 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. 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 the "Parkside Estates", consisting of Tract 7290-1 and Tract 7290. The City proposes to annually levy and collect special assessments to continue the maintenance of the improvements within the proposed District. Assessments within the District are proposed to be levied annually, pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "1972 Act")and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIIC and XIIID ("Proposition 218"). The assessments described in this Engineer's Report (hereinafter referred to as the "Report") shall be levied upon each parcel within the boundaries of the District and assessments shall be proportional to the special benefit received from the maintenance of the improvements. For the District, a benefit assessment rate per Parcel is established based upon estimated and actual operations and maintenance costs for the year. This establishes 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 is 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 shall compute the percentage difference between the CPI for the latest monthly statistical data available each year at the time the Engineer's Report is prepared, with the CPI for the same monthly statistical data from the prior year, and shall 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 revise such index or discontinue the preparation of such index, the Engineer shall use the revised index or a comparable system as approved by the City Council for determining fluctuations in the cost of living. This Report describes the District and the proposed assessments for fiscal year 2008/2009. The annual budget for the maintenance and operation of the improvements is based on estimated expenses for the upcoming fiscal year. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessment Parcel Number by the Riverside County ("County") Assessor's Office. The Riverside County Auditor/Controller uses Assessment Parcel Numbers and specific Fund Numbers to identify on the tax roll properties assessed for special district benefit assessments. City of Palm Springs, Parkway Maintenance District No. 68-Engineer's Report Page 2 6 4 City of Palm Springs—Engineer's Report Parkway Maintenance District No. fib, Parkside Estates DESCRIPTION OF THE DISTRICT A. DESCRIPTION OF THE DISTRICT The Parkway Maintenance District No. 6B ("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 is to ensure the ongoing maintenance and servicing of parkway landscape improvements installed in connection with development of properties within the District. This District will provide the financial mechanism (annual assessments) by which the ongoing operation and maintenance of these improvements will be funded. The District structure, proposed improvements, method of apportionment and assessments described in this Report are based on current development and improvement plans including all estimated direct expenditures, incidental expenses, and reserves associated with the maintenance and servicing of the improvements. B. DESCRIPTION OF IMPROVEMENTS AND SERVICES The purpose of the District is to ensure the ongoing maintenance, operation and servicing of Parkway landscape improvements within the District. These improvements may include, but are not limited to, palm trees, turf areas with mowing strips, desert indigenous trees and ground cover, annual flowers, a sprinkler irrigation and emitter drip system, landscape drainage system, walkways and associated appurtenant facilities located in the dedicated landscaped parkway (street right-of-way) 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 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; City of Palm Springs, Parkway Maintenance District No. 68-Engineer's Report Page 3 65 City of Palm Springs— Engineer's Report Parkway Maintenance District No. 68, Parkside Estates 5) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof; 6) The acquisition of any associated existing improvement; 7) The maintenance or servicing of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement including, but not limited to, a) Repair, removal, or replacement of all or any part of any improvements; b) Grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities; c) Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; d) The removal of trimmings, rubbish, debris, and other solid waste; e) The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti; f) Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; g) Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements; 8) Incidental expenses associated with the improvements including, but not limited to: a) The cost of preparation of the report, including plans, specifications,' estimates, diagram, and assessment; b) The costs of printing, advertising, and the publishing, posting and mailing of notices; c) Compensation payable to the County for collection of assessments; d) Compensation of any engineer or attorney employed to render services; e) Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; and, f) Costs associated with any elections held for the approval of a new or increased assessment. Landscaping Improvements The parkway improvements may include, but are not limited to, all landscaping material and facilities within the District. These improvements include ground cover, shrubs, trees, plants, irrigation and drainage systems, ornamental lighting structures, and associated appurtenant facilities located within the District. METHOD OF APPORTIONMENT A. GENERAL The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include the construction, maintenance, and servicing of public lights, landscaping, parks, open space areas and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value- City of Palm Springs, Parkway Maintenance District No. 68-Engineer's Report Page 4 66 City of Palm Springs- Engineer's Report Parkway Maintenance District No. 6B. Parkside Estates "The net amount to be assessed upon lands within an assessment district or District may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." The formula used for calculating assessments reflects the composition of the parcels and the improvements and services provided within the District to fairly apportion the costs based on estimated benefit to each parcel. In addition, Article XIII D requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Article XIII D provides that only special benefits are assessable and the City must separate the general benefits from the special benefits- B. BENEFIT ANALYSIS All improvements associated with this District have been identified as necessary, required and/or desired for the properties within the District to their full potential, consistent with the development plans. As such, these improvements would be necessary and required of individual property owners for the development of such properties, and the ongoing operation, servicing and maintenance of these improvements would be the financial obligation of those properties. Therefore, the improvements and the annual costs of maintenance and operation of the improvements are of direct and special benefit to the properties. The method of apportionment (method of assessment) is based on the premise that each assessed parcel within the District receives benefit from the improvements. The special benefits associated with all parkway improvements are specifically: • Enhanced desirability of properties through association with the improvements; • Improved aesthetic appeal of properties providing a positive representation of the area; • Enhanced adaptation of the urban environment within the natural environment from adequate green space, open space areas and landscaping; • Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention; • 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. City of Palm Springs, Parkway Maintenance District No. 6B-Engineers Report Page 5 67 City of Palm Springs- Engineers Report Parkway Maintenance District No 62, Parkside Estates The special benefit received by each lot or parcel is equated to the overall land use of the parcel based on the parcel's actual land use or proposed planned development, and is reliant upon the special benefit received from the improvements planned within the District_ To identify and determine the special benefit to be received by each parcel, it is necessary to consider the entire scope of the District improvements as well as individual property development within the District. The costs associated with the improvements shall be fairly distributed among the parcels based upon the special benefit received by each parcel. The maintenance and operation of the landscaping improvements provides special benefit to all parcels within the District adjacent to the improvements. Therefore, 100% of the costs will be apportioned to each parcel on a per lot unit basis. All lots are assessed the same amount as each is a single-family lot and receives equivalent benefit. D. ASSESSMENT FORMULA Any new or increased assessment requires certain noticing and meeting requirements by law. Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation). The purpose of establishing an Assessment Formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures, which could add to the District costs and assessments. This District provides for an annual adjustment to the Maximum Assessment Rate based upon the Consumer Price Index for the Los Angeles-Orange-Riverside County Area. The Assessment Formula shall be applied to all future assessments within the District. Generally, if the proposed annual assessment for the current fiscal year is less than or equal to the calculated Maximum Assessment, then the proposed annual assessment is not considered an increased assessment. The Maximum Assessment is equal to the initial Assessment (approved by property owners within the District) adjusted annually based upon the Consumer Price Index. Beginning in fiscal year 2009/2010 and each fiscal year thereafter, the Maximum Assessment would be recalculated and a new Maximum Assessment established within the District. The Maximum Assessment is adjusted annually and is calculated independent of the District's annual budget and proposed annual assessment. Any proposed annual assessment less than or equal to this Maximum Assessment is not considered an increased assessment, even if the proposed assessment is greater than the assessment applied in the prior fiscal year. Although the Maximum Assessment will increase each year, the actual assessment may remain unchanged. The Maximum Assessment adjustment is designed to establish a reasonable limit on assessments. The Maximum Assessment calculated each year does not require or facilitate an increase to the annual assessment and neither does it restrict assessments to the adjustment maximum amount. If the budget and assessment for the fiscal year do not require an increase, or the increase is less than the adjusted Maximum Assessment, then the required budget and assessment may be applied without additional property owner balloting. If the budget and assessments calculated requires an increase greater than the adjusted Maximum Assessment, then the assessment is considered an increased assessment and would be subject to balloting. City of Palm Springs, Parkway Maintenance District No. 6B-Engineer's Report Page 6 68 City of Palm Springs— Engineer's Report Parkway Maintenance District No, 6S, Parkside Estates DISTRICT BUDGET A. DESCRIPTION OF BUDGET ITEMS For the purpose of estimating costs for the maintenance and servicing, actual costs are used where possible. But where actual maintenance experience is lacking, cost estimates will be used to determine costs, as follows: Parkway Landscape Maintenance: Includes maintenance labor, materials and equipment required to properly maintain the authorized improvements and services within the District. Water costs: The cost of irrigation water for the parkway landscaping to be maintained is based upon actual Desert Water Agency billings on publicly landscaped areas being maintained within the District. Electrical energy costs: Energy costs included are those necessary for the operation of irrigation controls. Incidental costs: These are costs for special items, such as costs of levying the assessments with the County Tax Collector, anticipated utility rate increases, or other such costs, and are determined individually. Another Incidental Cost is the expense of Assessment Engineering services. This includes costs of performing annual assessment engineering, determining existing or estimated costs, retaining of consultants, preparation of the Engineer's Report, and other related costs, such as publication of notices, mailings, etc. Another Incidental Cost is the County Assessor-Tax Collector's charge of $25 per County assessment account plus $020 per levied parcel, to place the assessments on the tax rolls. This charge will be distributed between the benefit Districts. Miscellaneous: All cost estimates shall be rounded to the nearest dollar, except where specified differently above. The total amount to be levied on any parcel will be rounded to an even number to accommodate collection on the property tax bill in two equal installments. B. DISTRICT BUDGET This report has been prepared pursuant to the landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code) and Article XIIID, Section 4 of the California Constitution (Proposition 218). See next page. City of palm Springs, Parkway Maintenance District No. 68-Engineer's Report Page 7 69 City of Palm Springs- Engineer's Report Parkway Maintenance District No 66, Parkside Estates B_ DISTRICT BUDGET FISCAL YEAR 2008/2009 PARKWAY MAINTENANCE DISTRICT NO. 6B ("PARKSIDE ESTATES") Formed in 1980 A. PARKWAY LANDSCAPE MAINTENANCE Budget Items 2008/2009 Estimated Cost 1. Landscape Maintenance $ 1,900 2. DWA Utility bills $ 150 3. Labor&Administration $1,500 $ 3,550 Note: Maximum approved assessment was in Fiscal Year 1992/1993, established at $1,818. B. Actual Costs vs. Assessments Summary: Account(Deficit) as of 6/30/06 = ($12,352) Assessment in 2006/2007 = $1,818 Actual Costs in 2006/2007 = 3 061 Account (Deficit) as of 6/30/07 = ($13,595) Assessment in 2007/2008 = $1,818 Estimated Costs in 2007/2008 = 3 025 Estimated Account(Deficit) as of 6/30/08 = ($14,802) C. 2008/2009 ASSESSMENT Estimated cost for 2008/2009 ($3,550) Estimated Account (Deficit) as of 6/30/07 = ( 14 802 Total = ($18,352) Maximum Allowable Assessment = $1,818 Proposed 2008/2009 Assessment = $3,550 with annual Consumer Price Index adjustment beginning in 2009/2010. D. Number of parcels = 96 E. Cost in 2008/2009 per parcel = $36.98 ($3,550 divided by 96 parcels) F. Actual Costs vs. Assessments History (Previous Closed Out 5 Years): Actual Costs: 02/0342,451; 03/04=$2,750; 04/05=$6,047; 05/06=$4,359 06/07=$3,061 Assessments: $1,818 $1,818 $1,818 $1,818 $1,818 G. Budget (Expenditure Detail), see Account No. 001-245 1-43540 City of Palm Springs, Parkway Maintenance District No. 66-Engineer's Report Page 8 0 City of Palm Springs- Engineer's Report Parkway Maintenance District No 6B, Parkside Estates APPENDIX A - DISTRICT DIAGRAM The parcels within the Palm Springs Parkway Maintenance District No.66, 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. City of Palm Springs, Parkway Maintenance District No. 6B-Engineer's Report Page 9 71 City of Palm Springs— Engineer's Report Parkway Maintenance District No. 69, Parkside Estates V18TA CHINA .w Ji 26 PROPWTIES rORMW 1890 [Note;FW-0 MOE urasmcnt sipproved t($1,E18.001a 1992/93) J IA wwww = MMON RW t • 1lN.MS .(Y, yam-•— { - (rt R /! d ca PROPaRTt�s FORMS 1 ao s - ���_ YAR•A/ARMY lMf. ee.w G.so PROPEnTlus FORMED Inv- Landsoaping and Ughting Ant ot.1872 ^ Pl�RICWAI(S MAINTENANCE DISTRICT. NO-6 A,B,& G CITY CF PALM 5P111NCS,COUNTY QF NIVERSIDE,STATE OF CALIFORNIA City of Palm Springs, Parkway Maintenance District No- 68-Engineer's Report Page 10 72 City of Palm Springs—Engineer s Report Parkway Maintenance District No. 6t3, Parkside Estates 0 4 o s y O I Ny NKy 1 •M •fit ry`C t O Jp. o :.,,,�r `'got 6�•*k'' "e4 O O O : we t ,� .n• lJ C-1 - P M o s Y .Al n V s c T p a 4P n ' p F f- U. ce City of Palm Springs, Parkway Maintenance District No. 68-Engineer's Report Page 11 73 City of Palm Springs— F_ngineer's Report Parkway Maintenance District No. 68, Parkside Estates r x u ` r tz / Y yr � y � s G Z It J T t' " x ONE &t I Q ri y • / ,r ff ru /r City of Palm Springs, Parkway Maintenance District No. 68-Engineer's Report Page 12 74 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. City of Palm Springs, Parkway Maintenance District No. 68-Engineer's Report Page 13 75 City of Palm Springs- Engineers 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 $36.98 680-512-016-7 $36.98 680-511-002-1 $36.98 680-512-017-8 $36.98 680-511-003-2 $36,98 680-512-018-9 $36.98 680-511-004-3 $36.98 680-512-019-0 $36.98 680-511-005-4 $36,98 680-521-001-1 $36.98 680-511-006-5 $36.98 680-521-002-2 $36.98 680-511-007-6 $36.98 680-521-003-3 $36.98 680-511-008-7 $36.98 680-522-001-4 $36.98 680-511-009-8 $36,98 680-522-002-5 $36.98 680-512-001-3 $36.98 680-522-003-6 $36.98 680-512-002-4 $36.98 680-522-004-7 $36.98 680-512-003-5 $36.98 680-522-005-8 $36.98 680-512-004-6 $36.98 680-522-006-9 $36.98 680-512-005-7 $36.98 680-522-007-0 $36.98 680-512-006-8 $36.98 680-523-001-7 $36.98 680-512-007-9 $36,98 680-523-002-8 $36.98 680-512-008-0 $36.98 680-523-003-9 $36.98 680-512-009-1 $36.98 680-523-004-0 $36.98 680-512-010-1 $36.98 680-523-005-1 $36.98 680-512-011-2 $36.98 680-523-006-2 $36.98 680-512-012-3 $36.98 680-523-007-3 $36.98 680-512-013-4 $36.98 680-523-008-4 $36.98 680-512-014 5 $36.98 680-523-009-5 $36.98 680-512-015-6 $36.98 680-523-010-5 $36.98 City of Palm Springs, Parkway Maintenance District No. 68-Engineer's Report Page 14 76 City of Palm Springs-- Engineer's Report Parkway Maintenance District No. 68, Parkside Estates ASSESSOR'S ASSESSMENT ASSESSOR'S ASSESSMENT PARCEL NUMBER PARCEL NUMBER 680-523-011-6 $36.98 680-524-017-5 $36.98 680-523-012-7 $36.98 680-524-018-6 $36.98 680-523-013-8 $36.98 680-524-019-7 $36.98 680-523-014-9 $36.98 680-524-020-7 $36.98 680-523-015-0 $36.98 680-525-001-3 $36.98 680-523-016-1 $36.98 680-525-002-4 $36.98 680-523-017-2 $36.98 680-525-003 5 $36.98 680-523-018-3 $36.98 680-525-004-6 $36.98 680-524-001-0 $36.98 680-525-005-7 $36.98 680-524-002-1 $36.98 680-525-006-8 $36.98 680-524-003-2 $36.98 680-525-007-9 $36,98 680-524-004-3 $36,98 680-525-008-0 $36.98 680-524-005-4 $36.98 680-525-009-1 $36.98 680-524-006-5 $36.98 680-525-010-1 $36.98 680-524-007-6 $36.98 680-525-011-2 $36.98 F680-52�4�-0011-7 $36.98 680-525-012-3 $36.98 80-524-009-8 $36.98 680-525-013-4 $36.98 80-524-010-8 $36.98 680-525-014-5 $36.98 680-524-011-9 $36.98 680-525-015-6 $36.98 680-524-012-0 $36.98 680-525-016-7 $36.98 680-524-013-1 $36.98 680-525-017-8 $36.98 680-524-014-2 $36.98 680-525-018-9 $36.98 680-524-015-3 $36.98 680-525-019-0 $36.98 680-524-016-4 $36.98 680-525-020-0 $36.98 TOTAL= $3,550.08 City of Palm Springs, Parkway Maintenance District No. 68- Engineer's Report Page 15 77 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 �F ?ALAIA. s u tr �AORAT Ei) F0R��P Intent Meeting: November 7, 2007 Public Hearing: January 16, 2008 78 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. QRpFESSIpNgI Dated this 7th day of November, 2007. �wQ\��.BAI�gF zF� ca C-28931 m * EX 331/01 By: �t CMGFO��e David J. Barakian, P-E. OF CAS\ Director of Public Works/City Engineer City of Palm Springs Civil Engineer C 28931 79 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. 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. James Thompson, City Clerk City of Palm Springs County of Riverside, California I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll thereto attached, was approved and confirmed by the City Council of the City of Palm Springs, California, on the 16th day of January, 2008. James Thompson, City Clerk City of Palm Springs County of Riverside, California 80 City of Palm Springs-Engineer's Report Parkway Maintenance District No 7, Sunrise Norte TABLE OF CONTENTS EXECUTIVE SUMMARY........................... . .. . ................1 . . .......... ...........--------1 A. Introduction . ............ .........- ...............• . ...........................1 B. Overview------------------- .................. .. ..................... ............ ...............1 DESCRIPTION OF THE DISTRICT....... ............................. ------------- ......... ......... ...........2 A. Description of the District.......................... • . ........... . ........ .. .....-.2 B. Description of Improvements and Services.....................................................2 METHOD OF APPORTIONMENT............................... .. ...............• ---.............. . ............4 A. General .................................... ................ . . ......... ........ •• 4 B. Benefit Analysis------------------------------------ ........................................ . .....--4 C- Assessment Methodology................ . ...................................... ............5 D. Assessment Formula.............. .................... . ...... . • ...........5 DISTRICTBUDGET.................................... . . ............. . ..............................--.....--6 A. Description of Budget Items.................. ............... ............ ...........6 B. District Budget- Fiscal Year 2008/2009..........................................................7 APPENDIX A- District Diagrams......................... . ...................... . ............ ...................8 APPENDIX B -Assessment Roll ........................... .. ................. ......... ...........10 81 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 200812009, in compliance with the requirements of Chapter 3, of the Landscaping and Lighting Act of 1972 (hereinafter referred to as the "1972 Act") which is part 2, Division 15 of the California Streets and Highways Code and as provided by Article XIII D of the California Constitution (hereinafter referred to as "Article XIII D"). This District was formed to supplement certain City revenues and help finance the costs of providing for parkway maintenance within the District's boundaries. This report is prepared for the levy and collection of annual assessments for the District for fiscal year 200812009. The City initiates proceedings for annual levying of assessments within the District by passing a resolution, which states that the District was established under the Act, This resolution also describes the improvements, describes the name and location of the District, and preliminarily approves the Engineer's Report. The report prepared by the engineer must include an estimate of the costs of the improvements, a diagram, i.e., map of the District showing the boundary of the District and an assessment of the estimated costs of the improvements against the parcels or lots which benefit from the improvements. Once the report is completed it is presented to the City Council for its review and approval as presented, or it may be modified and approved_ After the report is approved, the City Council may adopt a Resolution of Intention, which declares its intent to levy and collect assessments, describes the improvements, and refers to the report for details of the District. The Resolution of Intention also sets a time and place for a hearing on the proposed assessments. 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. This Engineer's Report has been prepared in accordance with the previous City Council direction. 13. 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 82 City of palm Springs, Parkway Maintenance District No. 7—Engineer's Report Page 1 City of Palm Springs—Engineer's Report Parkway Maintenance District No, 7, Sunrise Norte 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 establishes 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 is 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 shall compute the percentage difference between the CPI for the latest monthly statistical data available each year at the time the Engineer's Report is prepared, with the CPI for the same monthly statistical data from the prior year, and shall 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 revise such index or discontinue the preparation of such index, the Engineer shall use the revised index or a comparable system as approved by the City Council for determining fluctuations in the cost of living. This Report describes the District and the proposed assessments for fiscal year 2008/2009. The annual budget for the maintenance and operation of the improvements is based on estimated expenses for the upcoming fiscal year. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessment Parcel Number by the Riverside County ("County") Assessor's Office. The Riverside County Auditor/Controller uses Assessment Parcel Numbers and specific Fund Numbers to identify on the tax roll properties assessed for special district benefit assessments. DESCRIPTION OF THE DISTRICT A. DESCRIPTION OF THE DISTRICT The 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. 8. 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; 83 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 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; 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: 84 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 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. 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 85 City of Palm Springs, Parkway Maintenance District No. 7—Engineer's Report Page 4 City of Palm Springs— Engineers Report Parkway Maintenance District No. 7, Sunrise Norte 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 erasion resistance, dust and debris control, and fire prevention; Increased nighttime safety on roads and streets; Increased sense of pride in ownership of property within the District resulting from well- maintained improvements associated with the properties; and Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise. All of the preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the District. Although the improvements may include landscaping improvements and other amenities available or visible to the public at large, the maintenance of these improvements is only necessary for the properties within the District and are not required nor necessarily desired by any properties or developments outside the District boundary. Therefore, any public access or use of the improvements by others is incidental and there is no measurable general benefit to properties outside the District or to the public at large- C. ASSESSMENT METHODOLOGY The method of apportionment for the District calculates the receipt of special benefit from the respective improvements based on the actual land use of the parcels within the District. The special benefit received by each lot or parcel is equated to the overall land use of the parcel based on the parcel's actual land use or proposed planned development, and is reliant upon the special benefit received from the improvements planned within the District. To identify and determine the special benefit to be received by each parcel, it is necessary to consider the entire scope of the District improvements as well as individual property development within the District. The costs associated with the improvements shall be fairly distributed among the parcels based upon the special benefit received by each parcel. The maintenance and operation of the landscaping improvements provides special benefit to all parcels within the District adjacent to the improvements. Therefore, 100% of the costs will be apportioned to each parcel on a per lot unit basis. All lots are assessed the same amount as each is a single-family lot and receives equivalent benefit- D. ASSESSMENT FORMULA Any new or increased assessment requires certain noticing and meeting requirements by law. Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment 86 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 formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation). The purpose of establishing an Assessment Formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing Procedures, which could add to the District costs and assessments. This District provides for an annual adjustment to the Maximum Assessment Rate based upon the Consumer Price Index for the Los Angeles-Orange-Riverside County Area. The Assessment Formula shall be applied to all future assessments within the District. Generally, if the proposed annual assessment for the current fiscal year is less than or equal to the calculated Maximum Assessment, then the proposed annual assessment is not considered an increased assessment. The Maximum Assessment is equal to the initial Assessment (approved by property owners within the District) adjusted annually based upon the Consumer Price Index. Beginning in fiscal year 200 912 01 0 and each fiscal year thereafter, the Maximum Assessment would be recalculated and a new Maximum Assessment established within the District. The Maximum Assessment is adjusted annually and is calculated independent of the District's annual budget and proposed annual assessment. Any proposed annual assessment less than or equal to this Maximum Assessment is not considered an increased assessment, even if the proposed assessment is greater than the assessment applied in the prior fiscal year. Although the Maximum Assessment will increase each year, the actual assessment may remain unchanged. The Maximum Assessment adjustment is designed to establish a reasonable limit on assessments. The Maximum Assessment calculated each year does not require or facilitate an increase to the annual assessment and neither does it restrict assessments to the adjustment maximum amount. If the budget and assessment for the fiscal year do not require an increase, or the increase is less than the adjusted Maximum Assessment, then the required budget and assessment may be applied without additional property owner balloting. If the budget and assessments calculated requires an increase greater than the adjusted Maximum Assessment, then the assessment is considered an increased assessment and would be subject to balloting, DISTRICT BUDGET A. DESCRIPTION OF BUDGET ITEMS For the purpose of estimating costs for the maintenance and servicing, actual costs are used where possible. But where actual maintenance experience is lacking, cost estimates will be used to determine costs, as follows: Parkway 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. 87 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 Incidental casts: These are costs for special items, such as costs of levying the assessments with the County Tax Collector, anticipated utility rate increases, or other such costs, and are determined individually. Another Incidental Cost is the expense of Assessment Engineering services. This includes costs of performing annual assessment engineering, determining existing or estimated costs, retaining of consultants, preparation of the Engineer's Report, and other related costs, such as publication of notices, mailings, etc. Another Incidental Cost is the County Assessor-Tax Collector's charge of $25 per County assessment account plus $0.20 per levied parcel, to place the assessments on the tax rolls. This charge will be distributed between the benefit Districts. Miscellaneous: All cost estimates shall be rounded to the nearest dollar, except where specified differently above. The total amount to be levied on any parcel will be rounded to an even number to accommodate collection on the property tax bill in two equal installments- B. DISTRICT BUDGET This report has been prepared pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code) and Article XIIID, Section 4 of the California Constitution (Proposition 218). See next page. 88 City of Palm Springs, Parkway Maintenance District No. 7—Engineer's Report Page 7 City of Palm Springs- Engineers 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 $ 18,500 b. Palm Tree Trimming $ 1,100 2. SCE Utility bills a. Irrigation Controller $ 400 b. Parkway Lighting $ 700 3, DWA Utility bills $ 7,400 4. Incidentals $ 500 5. Labor & Administration $ 1,500 $ 30,100 Note: Maximum approved assessment was in Fiscal Year 19921l993, 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 ($30,100) Estimated Account Deficit as of 6130/08 = 7 452 Total — ($37,552) Maximum Allowable Assessment = $23,747 Proposed 2008/2009 Assessment = $30,100 with annual Consumer Price Index adjustment beginning in 2009/2010. D. Number of parcels = 53 E_ Cost in 2008/2009 per parcel: $567.92 ($30,100 divided by 53) F. Actual Costs vs. Assessments History(Previous Closed Out 5 Years): Actual Costs: 02/03=$19,277; 03/04�$18,624; 04/05=$20,628 05/06=$21,302 06/07425,406 Assessments: $18,084 $23,747 $22,665 $22,665 $23,747 G. Budget (Expenditure Detail), see Account No. 001-2451-43560 89 City of Palm Springs, Parkway Maintenance District No. 7-Engineer's Report Page 8 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 7, Sunrise Norte APPENDIX A - DISTRICT DIAGRAM The parcels within the Palm Springs Parkway Maintenance District No. 7 ("Sunrise Norte"). are shown on the current Riverside County Assessor's Parcel Map Book 669 Page 51_ The County Assessor's Parcel Map along with the Assessment Roll constitutes the District Assessment Diagram. A copy of the Parkway Maintenance District No. 7 ("Sunrise Norte") boundary is shown on the following page. 90 City of Palm Springs, Parkway Maintenance District No. 7—Engineer's Report Page 9 City of Palm Springs- Engineer's Report Parkway Maintenance District No, 7, Sunrise Norte 6e 1 04 1° 3 k ,e li•y 1 PO•P P/ o1 10 0 Pa zs '^9 4 V t.! y'V �� �O �, � V � •1 pp PO•OG ms �' t •� '� •� •cr •�4 c a�`� b�� lrY I h Psw. � Po•aex' 107 '� "�'� - ..»/.sera a• Lr� ,tl-- — � hQZ,�O k Ig I�+5' t osac •. .. D sr:•- N I lY 6 ` 9 o g�g� Q pow T Sao h At a 4Q tl f m � Ps ad• .. ..- o.c•o,d oo rs 6 ZN� a`q; F � 4 ( ,tA s Z U 0 4 !n N h4�6 'hqZ' N$� ate• 40 • av � w M _ 4 „ � Is;v P5 p,c .. .r +r O 'ori 6d•CA �� +O� V/ ud `l 9 . as•e Pat 4+s= 1 !F N ` tiy'/ I 'st 7� M .4 0q, 13 00- �„ � I P5•�'S o�H6 w �., rr,� os• � oo•�s � � .� '�/ �� •1 'a Uy �y rote �I R/ D/� hlClb ^+� r nif z Mj ^OZ M� Z h e Bi b AM 4�'S4• ''iL4 �;.` Is6a PMWd- 1 1. Psn r ash uq�r I I $+2e oo-as�_ Zg trY•1}� T6 •k P6•DD 'IE r� '� O 6 P YSr lP:Cfr r�iY I y ti� � ® �• �- � � Ewa as ar az is � •�;,�rsreoa;nr 91 City of Palm Springs, Parkway Maintenance District -Engineer's Report Page 10 City of Palm Springs•- Engineer's Report Parkway Maintenance District No 7, Sunrise Norte APPENDIX 6 - 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. 92 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 $567.92 669-510-029-0 $567.92 669-510-003-6 $567.92 669-510-030-0 $567.92 669-510-004-7 $567.92 669-510-031-1 $567.92 669-510-005-8 $567.92 669-510-032-2 $567.92 669-510-006-9 $567.92 669-510-033-3 $567,92 669-510-007-0 $567.92 669-510-034-4 $567,92 009-608-315-6 $567.92 669-510-035-5 $567.92 669-510-009-2 $567.92 669-510-036-6 $567.92 669-510-010-2 $567.92 669-510-056-4 $567.92 009-608-318-9 $567.92 669-510-038-8 $567.92 669-510-012-4 $567.92 669-510-039-9 $567.92 669-510-013-5 $567.92 669-510-040-9 $567.92 669-510-014-6 $567.92 669-510-041-0 $567,92 669-510-015-7 $567.92 669-510-042-1 $567.92 009-608-323-3 $567.92 669-510-043-2 $567.92 669-510-017-9 $567,92 669-510-044-3 $567.92 669-510-018-0 $567.92 669-510-045-4 $567.92 009-608-326-6 $567.92 009-608-353-0 $567.92 009-608-327-7 $567.92 669-510-047-6 $567.92 669-510-021-2 $567.92 669-510-048-7 $567.92 F669-510-022-3 $567.92 669-510-049-8 $567.92 669-510-023-4 $567.92 669-510 050 8 $567.92 669-510-024-5 $567.92 669-510-051-9 $567.92 669-510-025-6 $567.92 669-510-052-0 $567.92 009-608-333-2 $567.92 669-510-053-1 $567.92 669-510-027-8 $567.92 669-510-054-2 $567.92 009-608-335-4 $567.92 $30,099.76 93 City of Palm Springs, Parkway Maintenance District No. 7-Engineer's Report Page 12 City of Patm Springs— Engineer's Report Parkway Maintenance District No 8 Vintage Palms CITY OF PALM SPRINGS ENGINEER'S REPORT PARKWAY MAINTENANCE DISTRICT NO. 8 "VINTAGE PALMS" FISCAL YEAR 2008/2009 OF PALM S U cn m R'dRAYE� Intent Meeting: November 7, 2007 Public Hearing: January 16, 2008 94 City of Palm Springs—Engineer's Report Parkway Maintenance District No 8, Vintage Palms Engineer's Report Affidavit Palm Springs Parkway Maintenance District No. 8, "Vintage Palms" This Report describes the District including the improvements, budget, parcels and assessments to be levied for fiscal year 200812009, 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. / /�•r/aU ry `G �a C-28931 By. C d EXp (/ k David J. Barakian, P.E. P CM\- �Q Director of Public Works/City Engineer TTF17FCWF City of Palm Springs Civil Engineer C 28931 95 City of Palm Springs— Engineer's Report Parkway Maintenance District No. 8, Vintage Palms CITY OF PALM SPRINGS ENGINEER'S REPORT PARKWAY MAINTENANCE DISTRICT NO. 8 VINTAGE PALMS 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, James Thompson, City Clerk City of Palm Springs County of Riverside, California I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll thereto attached, was approved and confirmed by the City Council of the City of Palm Springs, California, on the 16th day of January, 2008. James Thompson, City Clerk City of Palm Springs County of Riverside, California 96 City of Palm Springs— Engineer's Report Parkway Maintenance District No. 6, Vintage Palms TABLE OF CONTENTS EXECUTIVE SUMMARY....................... . . .. .................................................. .... 1 A. Introduction ........ ....................................................... . ...... 1 B. Overview............................------------------------------------------------------------ ............... 1 DESCRIPTION OF THE DISTRICT ............................................................................2 A. Description of the District ........................... ................................................2 B. Description of Improvements and Services ....................................................2 METHOD OF APPORTIONMENT.................... .. . • ............... • . . . ................4 A. General----------------.............................. --- ................................. •. .4 S. Benefit Analysis.----- -------------......................................................--------------......4 C. Assessment Methodology ............................. .. ---- --...............5 D. Assessment Formula............. ......5 DISTRICTBUDGET............... • -- . . . . --.................................................................... -- ._..6 A. Description of Budget Items... .................... -- ....................6 B. District Budget- Fiscal Year 2008/2009.........................................................7 APPENDIX A— District Diagrams........... • . .........................................• • -- ..............9 APPENDIX B —Assessment Roll................. -- .............................................................. 13 97 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 8, Vintage Palms 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. 8 ("Vintage Palms"), (hereinafter referred to as the "District"), for fiscal year 2008/2009, in compliance with the requirements of Chapter 3, of the Landscaping and Lighting Act of 1972 (hereinafter referred to as the "1972 Act") which is part 2, Division 15 of the California Streets and Highways Code and as provided by Article XIII D of the California Constitution (hereinafter referred to as "Article XIII D"). This District was formed to supplement certain City revenues and help finance the costs of providing for parkway maintenance within the District's boundaries. This report is prepared for the levy and collection of annual assessments for District for fiscal year 2008/2009. The City initiates proceedings for annual levying of assessments within the District by Passing a resolution, which States that the District was established under the Act. This resolution also describes the improvements, describes the name and location of the District, and preliminarily approves the Engineer's Report. The report prepared by the engineer must include an estimate of the costs of the improvements, a diagram, i.e., map of the District showing the boundary of the District and an assessment of the estimated costs of the improvements against the parcels or lots which benefit from the improvements. Once the report is completed it is presented to the City Council for its review and approval as presented, or it may be modified and approved. After the report is approved, the City Council may adopt a Resolution of Intention, which declares its intent to levy and collect assessments, describes the improvements, and refers to the report for details of the District. The Resolution of Intention also sets a time and place for a hearing on the proposed assessments. In 2004, the City initiated proceedings to increase the existing maximum annual assessments within the District, such that additional improvements to the street lighting system could occur, and that funds collected for this District could equal the current costs to operate and maintain the improvements. At the July 21, 2004, City Council meeting, a Public Hearing was conducted and a property owner protest ballot proceeding concluded, with the failure of the proposed increase to the existing maximum annual assessments within the District. This Engineer's Report continues to disclose the fact that the District is operating with a deficit, and continues to require the supplement of General Fund revenues from the City to operate and maintain the improvements within this District. In 2005, upon adoption of the confirmed Engineer's Report for this District for the 2005/2006 fiscal year, the City Council directed the City Engineer to schedule property owner protest ballot proceedings on the matter of approving an increase to the maximum annual assessment, as necessary to increase assessments to cover estimated annual expenses and to implement a Consumer Price Index ("CPI") annual inflator. 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 98 City of Palm Springs, Parkway Maintenance District No. 8—Engineer's Report Page 1 City of Palm Springs- Engineer's Report Parkway Maintenance District No. 8. Vintage Palms 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 properly 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. 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 "Vintage Palms", consisting of Tract 24853-1 and the remainder portion of Parcel 1 of Parcel Map 25864 consisting of approximately 55 acres of vacant land. The City proposes to annually levy and collect special assessments to continue the maintenance of the improvements within the proposed district. Assessments within the District are proposed to be levied annually, pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "1972 Act") and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIIC and XIIID ("Proposition 218"). The assessments described in this Engineer's Report (hereinafter referred to as the "Report") shall be levied upon each parcel within the boundaries of the District and assessments shall be proportional to the special benefit received from the maintenance of the improvements. For the District, a benefit assessment rate per Parcel is established based upon estimated and actual operations and maintenance costs for the year. This establishes 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 is 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 shall compute the percentage difference between the CPI for the latest monthly statistical data available each year at the time the Engineer's Report is prepared, with the CPI for the same monthly statistical data from the prior year, and shall 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 revise such index or discontinue the preparation of such index, the Engineer shall use the revised index or a comparable system as approved by the City Council for determining fluctuations in the cost of living. This Report describes the District and the proposed assessments for fiscal year 2008/2009_ The annual budget for the maintenance and operation of the improvements is based on estimated expenses for the upcoming fiscal year. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessment Parcel Number by the Riverside County ("County") Assessor's Office. The Riverside County Auditor/Controller uses Assessment Parcel Numbers and specific Fund Numbers to identify on the tax roll properties assessed for special district benefit assessments. 9 City of Palm Springs, Parkway Maintenance District No. 8-Engineer's Report Page 2 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 8, Vintage Palms DESCRIPTION OF THE DISTRICT A. DESCRIPTION OF THE DISTRICT The District originally included all lots and parcels within the residential area identified as "Vintage Palms", consisting of Tract 24853-1 and the remaining portion of Parcel 1 of Parcel Map 25864, for a total of 62 single family residential lots and two vacant parcels. However, on May 5, 2004, by Resolution 20920 adopted by the City Council, Planned Development District 290, Tentative Tract Map 31848 (otherwise originally known as "Palm Springs Village' and subsequently as "Avalon") was approved. Included in the City Council'$ approval was the requirement to incorporate the existing parkway landscaping along the west side of Avenida Caballeros, north of San Rafael Drive, into the project. This segment of parkway landscaping would be transferred over to the project, and ultimately, a private Home Owners Association, for maintenance. In April 2006, the project commenced construction; clearing and rough grading was begun. Confirmation was received from the developer that removal of the parkway landscaping along the west side of Avenida Caballeros north of San Rafael Drive within the District would occur prior to June 30, 2006, (the end of the 2005/2006 fiscal year). Therefore, with the 2006/2007 Engineer's Report, it was identified that the westerly landscaped parkway along Avenida Caballeros north of San Rafael Drive, originally included in the District, was eliminated and excluded (de-annexed) from the District. All future parkway maintenance of this area will be the responsibility of the adjacent property through a Home Owners Association and recorded Covenants, Conditions and Restrictions (CC&R's), for the project now identified as "Avalon". Therefore, the remainder portion of Parcel 1 of Parcel Map 25864 consisting of approximately 55 acres of vacant land, (previously identified as two vacant parcels by Assessor's Parcel Number 669-330-035 and 669-330-036), now included as part of the "Avalon" project, have been removed (de-annexed) from the District. The remaining parkway landscaping along the east side of Avenida Caballeros north of San Rafael Drive, and along the north side of San Rafael Drive adjacent to the Vintage Palms development, represent the improvements included in the District, to benefit the 62 single family residential lots within Tract 24853-1. 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. B. DESCRIPTION OF IMPROVEMENTS AND SERVICES The purpose of the District is to ensure the ongoing maintenance, operation and servicing of parkway landscape improvements within the District. These improvements may include, but are not limited to, palm trees, turf areas with mowing strips, desert indigenous trees and ground cover, annual flowers, a sprinkler irrigation and emitter drip system, landscape drainage system, walkways and associated appurtenant facilities located in the dedicated landscaped parkway (street right-of-way) on the north side of San Rafael Drive and on the east side' of Avenida Caballeros north of San Rafael Drive, and all materials, equipment, Modified by the 2006/2007 Engineers Report, previously the west side of Avenida Caballeros was included in the District, but was subsequently de-annexed from the District and absorbed for maintenance by the adjacent project, "Avalon". 100 City of Palm Springs, Parkway Maintenance District No. 8—Engineer's Report Page 3 City of Palm Springs— Engineer's Report Parkway Maintenance District No. 8, Vintage Palms utilities, labor and appurtenant facilities related to the operation and maintenance of the parkway landscape improvements. The estimated annual cost to provide and maintain the improvements within the District shall be allocated to each property in proportion to the special benefits received. The Method of Apportionment described in this Report utilizes commonly accepted assessment engineering practices and has been established pursuant to the 1972 Act and the provisions of Proposition 218. Improvements and Services Permitted Pursuant to the 1972 Act As generally defined by the 1972 Act and applicable to this District, improvements and the associated assessments may include one or more of the following: 1) The installation or planting of landscaping; 2) The installation or construction of statuary, fountains, and other ornamental structures and facilities; 3) The installation or construction of public lighting facilities including, but not limited to, street lights and traffic signals; 4) The installation of park or recreational improvements including, but not limited to, all of the following: a) Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage; b) Lights, playground equipment, play courts, and public restrooms; c) The acquisition of land for park, recreational, or open-space purposes; 5) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof; 6) The acquisition of any associated existing improvement; 7) The maintenance or servicing of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement including, but not limited to: a) Repair, removal, or replacement of all or any part of any improvements; b) Grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities; c) Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; d) The removal of trimmings, rubbish, debris, and other solid waste; 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: 101 City of Palm Springs, Parkway Maintenance District No. 8—Engineer's Report Page 4 City of Palm Springs— Engineer's Report Parkway Maintenance District No. 8, Vintage Palms 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. In 2007, the entire east side of Avenida Caballeros parkway landscaping was removed and replaced, at the cost of Sun Cal - developer of the adjacent Avalon project. Pursuant to a Court ordered Settlement Agreement between the original developer (Trans West Housing) and representatives of homeowners within the Vintage Palms neighborhood, agreement included the developer's obligation to revise the existing desert landscape improvements along the east side of Avenida Caballeros to be consistent with parkway landscaping improvements to be installed along the west side of Avenida Caballeros. METHOD OF APPORTIONMENT A. GENERAL The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include the construction, maintenance, and servicing of public lights, landscaping, parks, open space areas and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: "The net amount to be assessed upon lands within an assessment district or District may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." The formula used for calculating assessments reflects the composition of the parcels and the improvements and services provided within the District to fairly apportion the costs based on estimated benefit to each parcel. In addition, Article XIII D requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Article XIII D provides that only special benefits are assessable and the City must separate the general benefits from the special benefits- B. BENEFIT ANALYSIS All improvements associated with this District have been identified as necessary, required and/or desired for the properties within the District to their full potential, consistent with the development plans. As such, these improvements would be necessary and required of 102 City of palm Springs, Parkway Maintenance District No. 8-Engineer's Report Page 5 City of Palm Springs-- Engineer's Report Parkway Maintenance District No. 8, Vintage Palms individual property owners for the development of such properties, and the ongoing operation, servicing and maintenance of these improvements would be the financial obligation of those properties. Therefore, the improvements and the annual costs of maintenance and operation of the improvements are of direct and special benefit to the properties. The method of apportionment (method of assessment) is based on the premise that each assessed parcel within the District receives benefit from the improvements. The special benefits associated with the parkway improvements are specifically: • Enhanced desirability of properties through association with the improvements,- Improved aesthetic appeal of properties providing a positive representation of the area; Enhanced adaptation of the urban environment within the natural environment from adequate green space, open space areas and landscaping; Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention; • Increased sense of pride in ownership of property within the District resulting from well- maintained improvements associated with the properties; and • Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise. All of the preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the District. Although the improvements may include landscaping improvements and other amenities available or visible to the public at large, the maintenance of these improvements is only necessary for the properties within the District and are not required nor necessarily desired by any properties or developments outside the District boundary. Therefore, any public access or use of the improvements by others is incidental and there is no measurable general benefit to properties outside the District or to the public at large. C. ASSESSMENT METHODOLOGY The method of apportionment for the District calculates the receipt of special benefit from the respective improvements based on the actual land use of the parcels within the District. The special benefit received by each lot or parcel is equated to the overall land use of the parcel based on the parcel's actual land use or proposed planned development, and is reliant upon the special benefit received from the improvements planned within the District. To identify and determine the special benefit to be received by each parcel, it is necessary to consider the entire scope of the District improvements as well as individual property development within the District. The costs associated with the improvements shall be fairly distributed among the parcels based upon the special benefit received by each parcel. The maintenance and operation of the landscaping improvements provides special benefit to all parcels within the District adjacent to the improvements. The total assessment was previously apportioned with 59% of the total District costs levied against the 62 single family lots within Tract 24853-1 and 41% of the total District costs levied against the remainder Portion of Parcel 1 of Parcel Map 25864 consisting of approximately 55 acres of vacant land, (previously identified as two vacant parcels by Assessor's Parcel Number 669-330-035 and 669-330-036). The apportionment was determined by the length of the adjacent landscaped Parkways, with the westerly landscaped parkway along Avenida Caballeros representing 41% of the overall length of landscaped parkways within the District. 103 City of Palm Springs, Parkway Maintenance District No. 8—Engineer's Report Page 6 City of Palm Springs—Engineer's Report Parkway Maintenance District No 8 Vintage Palms However, with the absorption of the westerly landscaped parkway along Avenida Caballeros for maintenance by the adjacent project, "Avalon", the apportioned 41% of the District costs representing that portion of the District was eliminated and de-annexed from the District in fiscal year 2006/2007. Therefore, the apportioned 59% of the District costs, representing the remaining portion (easterly landscaped parkway along Avenida Caballeros and the landscaped parkway along San Rafael Drive) now represents 100% of the District costs beginning in fiscal year 2006/2007. The District costs will be equally apportioned to each parcel within Tract 24853-1 on a per lot unit basis. All lots are assessed the same amount as each is a single-family lot and receives equivalent benefit. D. ASSESSMENT FORMULA Any new or increased assessment requires certain noticing and meeting requirements by law. Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation). The purpose of establishing an Assessment Formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures, which could add to the District costs and assessments. This District provides for an annual adjustment to the Maximum Assessment Rate based upon the Consumer Price Index for the Los Angeles-Orange-Riverside County Area. The Assessment Formula shall be applied to all future assessments within the District. Generally, if the proposed annual assessment for the current fiscal year is less than or equal to the calculated Maximum Assessment, then the proposed annual assessment is not considered an increased assessment. The Maximum Assessment is equal to the initial Assessment (approved by property owners within the District) adjusted annually based upon the Consumer Price Index. Beginning in fiscal year 200912010 and each fiscal year thereafter, the Maximum Assessment would be recalculated and a new Maximum Assessment established within the District. The Maximum Assessment is adjusted annually and is calculated independent of the District's annual budget and proposed annual assessment. Any proposed annual assessment less than or equal to this Maximum Assessment is not considered an increased assessment, even if the proposed assessment is greater than the assessment applied in the prior fiscal year_ Although the Maximum Assessment will increase each year, the actual assessment may remain unchanged. The Maximum Assessment adjustment is designed to establish a reasonable limit on assessments. The Maximum Assessment calculated each year does not require or facilitate an increase to the annual assessment and neither does it restrict assessments to the adjustment maximum amount. If the budget and assessment for the fiscal year do not require an increase, or the increase is less than the adjusted Maximum Assessment, then the required budget and assessment may be applied without additional property owner balloting. If the budget and assessments calculated requires an increase greater than the adjusted Maximum Assessment, then the assessment is considered an increased assessment and would be subject to balloting. 104 City of Palm Springs, Parkway Maintenance District No. 8—Engineer's Report Page 7 City of Palm Springs-- Engineer's Report Parkway Maintenance District No. 8, Vintage Palms DISTRICT BUDGET A. DESCRIPTION OF BUDGET ITEMS For the purpose of estimating costs for the maintenance and servicing, actual costs are used where possible_ But where actual maintenance experience is lacking, cost estimates will be used to determine costs, as follows: Parkway Landscape Maintenance: Includes maintenance labor, materials and equipment required to properly maintain the authorized improvements and services within the District_ Water costs: The cost of irrigation water for the parkway landscaping to be maintained is based upon actual Desert Water Agency billings on publicly landscaped areas being maintained within the District. Electrical energy costs: Energy costs included are those necessary for the operation of irrigation controls and decorative (ornamental) landscape lighting improvements. Incidental costs: These are costs for special items, such as costs of levying the assessments with the County Tax Collector, anticipated utility rate increases, or other such costs, and are determined individually. Another Incidental Cost is the expense of Assessment Engineering services. This includes costs of performing annual assessment engineering, determining existing or estimated costs, retaining of consultants, preparation of the Engineer's Report, and other related costs, such as publication of notices, mailings, etc. Another Incidental Cost is the County Assessor-Tax Collector's charge of $25 per County assessment account plus $0.20 per levied parcel, to place the assessments on the tax rolls. This charge will be distributed between the benefit Districts. Miscellaneous: All cost estimates shall be rounded to the nearest dollar, except where specified differently above. The total amount to be levied on any parcel will be rounded to an even number to accommodate collection on the property tax bill in two equal installments. B. DISTRICT BUDGET This report has been prepared pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code) and Article XIIID, Section 4 of the California Constitution (Proposition 218). See next page. 05 City of Palm Springs, Parkway Maintenance District No. 8—Engineer's Report Page 8 City of Palm Springs - Engineer's Report Parkway Maintenance District No 8, Vintage Palms B. DISTRICT BUDGET FISCAL YEAR 2008/2009 PARKWAY MAINTENANCE DISTRICT NO. 8 ("VINTAGE PALMS") Formed in 1990 A. PARKWAY LANDSCAPE MAINTENANCE Budget Items 2008/2009 Estimated Cost 1. Landscape Maintenance a. Contract Cost $ 10,000 b. Palm Tree Trimming $ 500 2. SCE Utility bills $ 1,200 3. DWA Utility bills $ 2,310 4. Incidentals $ 2.000 5. Labor& Administration $ 1,500 $ 17,510 Note: Maximum approved assessment was in Fiscal Year 1995/1996, established at $11,657 x 59% _ $6,878. B. Actual Costs vs. Assessments Summary: Account(Deficit) as of 6/30/06 m ($42,410) Assessment in 2006/2007 = $6,878 Actual Costs in 2006/2007 = 1($ 6.518) Account (Deficit)as of 6/30/07 = ($52,050) Assessment in 2007/2008 = $6,878 Estimated Costs in 2007/2008 = 14 806 Estimated Account (Deficit) as of 6130/08 = ($59,978) C. 2008/2009 ASSESSMENT Estimated cost for 2008/2009 ($17,510) Estimated Account (Deficit) as of 6/30/07 = ( 59 978 Total = ($77,488) Maximum Allowable Assessment= $6,878 Proposed 2008/2009 Assessment= $17,510 with annual Consumer Price Index adjustment beginning in 200912010, D. Number of parcels = 62 single family lots E. Cost in 2008/2009 per parcel = $282.42 ($17,510 divided by 62) F. Actual Costs vs. Assessments History(Previous Closed Out 5 Years): Actual Costs: 02/0418,940; 03/04=$20,486; 04/05=$22,580; 05/06=$20,699; 06/07=$16,518 Assessments: $11,657 $11,657 $11,657 $11,657 $6,878 G_ Budget(Expenditure Detail), see Account No. 001-2451-43570 City of Palm Springs, Parkway Maintenance District No. 8—Engineer's Report Page 9 106 City of Palm Springs— Engineer's Report Parkway Maintenance District No. 8, Vintage Palms APPENDIX A - DISTRICT DIAGRAM The parcels within the Palm Springs Parkway Maintenance District No_ 8 ("Vintage Palms"), are shown on the current Riverside County Assessor's Parcel Map Book 669, Page 33, and Map Book 669, Page 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. 8 ("Vintage Palms") boundary is shown on the following pages. City of Palm Springs, Parkway Maintenance District No. 8—Engineer's Report Page 10 107 City of Palm Springs - Engineer's Report Parkway Maintenance District No. 8, Vintage Palrns �K•r rrlr�r• l� 5$4' r sr � � N +�• it � ���ti it r r it iv it ��� .nK rN iN 1• M IY� I.fr,C, r N' 47 r t IK+�• 5 .mow k 5 �iK 1 t act An N iHt M1N YN• . 111•ir• 1ly � r l �r rx at rr ql p 4d1 rl9 OL /R�9 J1 mW E }fit LO-RAFA YE 11' 1 q r�0r8tRrCl 1� 1 .JI 411, �y E row HSmArJt7r ,�¢f k wl�rw' SiWAN 7+V.x 6.4 PAOPPRMS FORMED 1090 rrcr�vrrr � City of Palm Springs, Parkway Maintenance District No. 8—Engineer's Report Page 11 108 City of Palm Springs— Engineer's Report Parkway Maintenance District No 8, Vintage Palms 52/ � nn•_.•'.v'r � � a 7 y fir. a0.2®.J °©A lals*f lolg& ^ i°/®t =O®.f �j O.P©,L h TTTTTT4 Rf r0 P6 r{ ra' rP r! +1' ,H :F : u s.e v n 1 �e • �p OWAdt K A to F0 P9 JO 3 1 5L ro /9 O ® a a ® O © p O.Igh1 0.25A4t O./a Aet O.Il Aet O.rOAcA 02OAI1 O.ZZ&t Ir w� i-/9 R ® 522 is o g DISTRICT BOUNDARY M Q.IAe.! 0.26At,t O 54 .. S u. ,r ...c w° n•� O.EPAe..2 err ' O 46 uY• pp{s O.r6Ao.1 © Ja 0,26 Act y Ot�Aut KIN ,w.,c 'n/6 lu �•un x <•n °./ Act F arxw t O T5 v.l9 AGl t °P{,IVM # H a•'r env 0.z/Act /;.n d h 414 r o.roAa:,e 'a Qt{A[Y l,rE/Ae2 °,PI Agfi d /5 O O./a Ac3 5E; 'ter' at/Act V-XAc a.&M. l re P 40 J9 4 IS& ® �$ �_� �,cxHC/RCULO µ� ~�• ; d /r p �_ ` r e SAN 9ORROVrO^ 0'I',1A # 54 .+s 522 55 55 57 /O N' 0' aJY.kt OW&,f 02L 0.2 ..t fish o, mar n. Yca.. O./9.ict 0.2d nO. a GO.20A:.t alEAefi� 'B O 60 61 so 59 96 � 2/g„kl• uJIK a%i4 N Yf.H Y.. Flt/ 4. •y .P{Act , ti A ^ aP6Ae./t OP2AG,f O,�Ae.t a..PJAet YQS>Act k 5Pl � City of Palm Springs, Parkway Maintenance District No. 8—Engineer's Report Page 12 109 City of Palm Springs- Engineer's Report Parkway Maintenance District No 8, Vintage Palms 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. 110 City of Palm Springs, Parkway Maintenance District No. 8-Engineer's Report Page 13 City of Palm Springs- Engineer s Report Parkway Maintenance District No. 8, Vintage Palms RIVERSIDE COUNTY ASSESSMENT ROLL PARKWAY MAINTENANCE DISTRICT NO. 8 ("VINTAGE PALMS") FISCAL YEAR 2008/2009 FUND NO, 68-2624 ASSESSOR'S ASSESSMENT ASSESSOR'S ASSESSMENT PARCEL NUMBER PARCELNUMBER 669-521-001-8 $282,42 669-521-025-0 $282.42 669-521-002-9 $282.42 669-521-026-1 $282.42 669-521-003-0 $282.42 669-521-027-2 $282,42 669-521-004-1 $282.42 669-522-001-1 $282.42 669-521-005-2 $282.42 669-522-002-2 $282.42 669-521-006-3 $282.42 669-522-003-3 $282.42 669-521-007-4 $282.42 669-522-004-4 $282.42 669-521-008-5 $282.42 669-522-005-5 $282.42 669-521-009-6 $282.42 669-522-006-6 $282.42 669-521-010-6 $282,42 669-522-007-7 $282.42 669-521-011-7 $282.42 669-522-008-8 $282.42 669-521-012-8 $282.42 669-522-009-9 $282.42 669-521-013-9 $282.42 669-522-010-9 $282.42 669-521-014-0 $282.42 669-522-011-0 $282.42 669-521-015-1 $282,42 669-522-012-1 $282.42 669-521-016-2 $282.42 669-522-013-2 $282.42 669-521-017-3 $282.42 669-522-014-3 $282.42 669-521-018-4 $282.42 669-522-015-4 $282.42 669-521-019-5 $282,42 669-522-016-5 $282.42 669-521-020-5 $282.42 669-522-017-6 $282.42 669-521-021-6 $282.42 669-522-018-7 $282.42 669-521-022-7 $282.42 669-522-019-8 $282.42 669-521-023-8 $282.42 669-522-020-8 $282.42 669-521-024-9 $282.42 669-522-021-9 $282.42 111 City of Palm Springs, Parkway Maintenance District No. 8-Engineer's Report Page 14 City of Palm Springs— Engineer's Report Parkway Maintenance District No, 8, Vintage Palms ASSESSOR'S A55E55MENT ASSESSOR'S ASSESSMENT PARCEL NUMBER PARCEL NUMBER 669-522-022-0 $282.42 669-522-029-7 $282.42 669-522-023-1 $282.42 669-522-030-7 $282.42 669-522-024-2 $282.42 669-522-031-8 $282.42 669-522-025-3 $282.42 669-522-032-9 $282.42 669-522-026-4 $282.42 669-522-033-0 $282.42 669-522-027-5 $282.42 669-522-034-1 $282.42 669-522-028-6 $282.42 669-522-035-2 $282.42 TOTAL = 17,510.04 112 City of Palm Springs, Parkway Maintenance pistrict No. 8—Engineer's Report Page 15 ATTACHMENT 2 RESOLUTIONS 113 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, INITIATING PROCEEDINGS FOR A PROPOSED ASSESSMENT INCREASE FOR PROPERTIES WITHIN STREET LIGHTING MAINTENANCE DISTRICT NO. 1 — BELARDO ROAD AREA, AND STREET LIGHTING MAINTENANCE DISTRICT NO. 2 — MCMANUS DRIVE, COMMENCING IN FISCAL YEAR 2008/2009 WHEREAS, the City Council through previous resolutions has established and levied annual assessments for the Palm Springs Street Lighting Maintenance District No. 1 -- Belardo Road Area (hereinafter referred to as "SLMD-1"), and Street Lighting Maintenance District No. 2 — McManus Drive (hereinafter referred to as "SLMD-2"), and collectively hereinafter referred to as the "Districts'; pursuant to the provisions of the Street Lighting Act of 1931, Part 2, Division 14 of the California Streets and Highways Code, commencing with Section 18300 (hereinafter referred to as the "Act") that provides for the collection of assessments by the County of Riverside on behalf of the City of Palm Springs to pay for the maintenance and operation of street lighting improvements and facilities related thereto; and WHEREAS, the City Council desires to initiate proceedings for a proposed assessment increase associated with the street lighting improvements to be provided within SLMD-1 and SLMD-2; and the establishment of new maximum assessments related thereto; and the levy and collection of the annual assessments for fiscal year 2008/2009 against the lots and parcels of land within SLMD-1 and SLMD-2 for the improvements and services that will provide special benefits to the properties within each of these respective Districts pursuant to the Act and the California Constitution Article XIIID. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 Recitals: The above recitals are true and correct. SECTION 2 Engineer's Report: The City Council hereby orders the City Engineer (the Assessment Engineer of Work) to prepare and file with the City Clerk the Engineer's Reports (hereinafter referred to as the "Reports") concerning the proposed assessment increases for SLMD-1 and SLMD-2; the improvements and services connected therewith and the proposed levy of assessments for the fiscal year commencing July 1, 2008, and ending June 30, 2009, in accordance with Section 18340 of the Act. Said Reports shall contain a description of the improvements, an estimate of the costs financed by the levy of the assessments, the properties benefiting from the improvements and the method of apportioning the assessments connected with SLMD- 1 and SLMD-2 respectively. SECTION 3 Improvements: The proposed improvements and services to be provided and for which properties shall be assessed, include but are not limited to the regular 114 Resolution No. Page 2 maintenance, operation and incidental expenses related to the public street lighting improvements, facilities and energy costs associated with the properties within each of the respective Districts (SLMD-1 and SLMD-2) in connection with the special benefit received by those parcels_ The Reports to be prepared in connection with these proceedings for a proposed assessment increase for SLMD-1 and SLMD-2 shall provide a more detailed description of the improvements and associated costs. SECTION 4 Assessments: The City Council hereby determines that in order to adequately maintain and support the public street lighting improvements within SLMD-1 and SLMD-2 as generally described in Section 3 of this resolution, it is necessary to increase the annual assessments to be levied against lots and parcels within those Districts commencing in fiscal year 2008/2009. The Reports referred to in Section 2 of this resolution shall establish the estimated budget of anticipated expenses and the resulting new maximum assessments for each District including an annual inflationary adjustment, that will be necessary to provide ongoing funding for the maintenance and servicing of the improvements being proposed; and the proposed assessment increases may only be imposed pursuant to the provisions of the California Constitution, Article XIIID. ADOPTED this 7th day of November, 2007. David H. Ready, City Manager ATTEST: James Thompson, City Clerk 115 Resolution No. Page 3 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 November 7, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 116 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE CITY'S INTENTION TO PROPOSE AN INCREASE TO THE ASSESSMENTS FOR PROPERTIES WITHIN STREET LIGHTING MAINTENANCE DISTRICT NO. 1 — BELARDO ROAD AREA, AND STREET LIGHTING MAINTENANCE DISTRICT NO. 2 — MCMANUS DRIVE, COMMENCING IN FISCAL YEAR 2008/2009: AND CALLING FOR A PROPERTY OWNER PROTEST BALLOT PROCEEDING FOR SAID ASSESSMENT INCREASES WHEREAS, the City Council, pursuant to the provisions of the Street Lighting Act of 1931, Part 2, Division 14 of the California Streets and Highways Code, commencing with Section 18300 (hereinafter referred to as the "Act"), did by previous Resolution, initiate proceedings for a proposed assessment increase for the Palm Springs Street Lighting Maintenance District No. 1 — Belardo Road Area (hereinafter referred to as "SLMD-1"), and Street Lighting Maintenance District No. 2 — McManus Drive (hereinafter referred to as °SLMD-2"), and collectively hereinafter referred to as the "Districts"; to be levied and collected through annual assessments against lots and parcels within SLMD-1 and SLMD-2 commencing in fiscal year 2008/2009; and WHEREAS, the City Council desires to levy and collect the necessary assessments (increased assessments) against lots and parcels of land within SLMD-1 and SLMD-2 to support and pay the cost and expenses related to the maintenance, operation and servicing of the public street lighting improvements related thereto for which properties within SLMD-1 and SLMD-2 will receive special benefits; and WHEREAS, the City Engineer (Assessment Engineer of Work) has prepared and filed the required Engineer's Reports for SLMD-1 and SLMD-2 in connection with the proposed assessment increases commencing in fiscal year 2008/2009 (beginning July 1, 2008, and ending June 30, 2009) with the City Clerk pursuant to Section 18340 of the Act, and said reports have been presented to the City Council pursuant to Section 18341 of the Act, and said reports are incorporated herein by reference. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 Recitals: The above recitals are true and correct. SECTION 2 Content of Engineer's Report(s): The Engineer's Reports as presented, consist of the following: 2a) A Description of Improvements (Plans and Specifications). 2b) An Assessment Diagram (Boundary). 117 Resolution No. Page 2 2c) The proposed Budget establishing the estimated annual Costs and Expenses. 2d) The Method of Apportionment that describes the method of calculating proportional special benefits and the annual assessment obligation for each affected parcel. 2e) An Assessment Roll containing the proposed new assessment to be levied for each Assessor Parcel Number commencing in fiscal year 2008/2009 based on the proposed budget and method of apportionment. Said assessments shall be presented to the property owners of record pursuant to the California Constitution Article XIIID. SECTION 3 Approval of Report(s): The Engineer's Report for SLMD-1 and SLMD-2 are hereby approved on a preliminary basis as submitted or amended by direction of this City Council, and are herby ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. SECTION 4 Intention: The City Council hereby declares its intention to increase the annual assessments on properties within SLMD-1 and SLMD-2 as outlined in the corresponding Engineer's Report to fund the cost and expenses associated with the public street lighting within those Districts; and to levy and collect such assessments against parcels of land within SLMD-1 and SLMD-2 respectively, commencing with fiscal year 2008/2009 in accordance with the Act and the provisions of the California Constitution Article XIIID. The City Council further declares its intention to conduct a public hearing regarding SLMD-1 and SLMD-2 and the proposed levy of an increased assessment and calls for a property owner protest ballot proceeding related thereto in accordance with the provisions of the California Constitution Article XIIID. The City Council finds that the public's best interest requires such action and levy of assessments. SECTION 5 Territory: The City Council hereby finds that the lots, parcels of land and subdivisions within the boundaries of SLMD-1 and SLMD-2 as identified by the Assessment Diagram for each District; includes all properties that receive special benefits from the street lighting improvements for which the City proposes to levy such assessments. SECTION 6 Improvements: The proposed improvements and services to be provided and for which properties shall be assessed, include but are not limited to the regular maintenance, operation and incidental expenses related to the public street lighting improvements, facilities and energy costs associated with the properties within each of the respective Districts (SLMD-1 and SLMD2) in connection with the special benefit received by those parcels. The Engineer's Reports prepared in connection with these proceedings for a proposed assessment increase in SLMD-1 and SLMD-2 provide a more detailed description of the improvements and associated costs for each respective District and by reference are made part of this resolution. SECTION 7 Assessments: The City Council hereby determines that in order to 118 Resolution No. Page 3 provide an appropriate level of maintenance, operation and servicing of the improvements within SLMD-1 and SLMD-2 as generally described in section 6 of this resolution, it is necessary to increase the annual assessments to be levied against lots and parcels within SLMD-1 and SLMD-2 commencing in fiscal year 2008/2009. The Engineer's Reports referred to in Section 2 of this resolution establish the estimated budget of anticipated expenses and the resulting new assessments for SLMD-1 and SLMD-2 including an annual inflationary adjustment, that will be necessary to provide ongoing funding of the respective improvements including all operational and incidental expenses related to such improvements and services. SECTION 8 Compliance with the Constitution: Pursuant to California Constitution, Article XIIID, an assessment ballot proceeding is hereby called on the matter of confirming the proposed assessment increase for SLMD-1 and SLMD-2. The ballots and notices so authorized shall be distributed by first class mail to the property owners of record as of the last County equalized roll, and property owner or owners of each affected parcel may return the ballot by mail or in person to the City Clerk not later than the conclusion of the public hearing for this matter. SECTION 9 Mailed Notice and Ballot: The City Council hereby authorizes and directs the City Clerk or their designee to prepare and mail notice of the Public Hearing and property owner protest ballots to the subject property owners regarding the proposed assessment increase including the assessment formula as outlined in the Engineer's Reports, for return receipt prior to the date and time of the public hearing set forth in this resolution. SECTION 10 Public Hearing: The City Council hereby declares its intention to conduct a Public Hearing concerning SLMD-1 and SLMD-2, the improvements therein and the proposed assessment increase connected therewith. Notice is hereby given that on Wednesday, January 16, 2008 at 6:00 P.M., the City Council will hold a Public Hearing for SLMD-1 and SLMD-2 and the proposed levy and collection of an assessment increase related thereto commencing in fiscal year 2008/2009, or as soon thereafter as feasible. The Public Hearing will be held in the City Council Chambers, located at 3200 East Tahquitz Canyon Way, Palm Springs, at the time so fixed. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard. SECTION 11 Determination of Majority Protest: The property owner protest ballot proceeding conducted for SLMDA and SLMD-2 shall constitute the property owners' approval or rejection of the proposed assessment increase and associated assessment formula. The property owners may return their ballot by mail or in person to the City Clerk not later than the conclusion of the Public Hearing on Wednesday, January 16, 2008. After the close of the Public Hearing, pursuant to Section 4, Sub-Section 4 (e) of the California Constitution, the City shall tabulate the ballots returned to determine if majority protest exits. Only those ballots issued by the City shall be considered as valid ballots and shall be weighted according to the proportional financial obligation of the affected property. Majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the 119 Resolution No. Page 4 assessment for each respective District. In addition to the mailed ballot proceedings, any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, or having previously filed protest, may file a written withdrawal of that protest_ A written protest shall state all grounds of objection, and protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the public hearing, all interested persons shall be afforded the opportunity to hear and be heard. SECTION 12 Notice: The City Clerk is hereby authorized and directed to give notice of such Public Hearing as provided by law. ADOPTED this 7th day of November, 2007. David H. Ready, City Manager ATTEST: James Thompson, City Clerk 120 Resolution No. Page 5 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 November 7, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 121 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, INITIATING PROCEEDINGS FOR A PROPOSED ASSESSMENT INCREASE FOR PROPERTIES WITHIN STREET LIGHTING MAINTENANCE DISTRICT NO. 4 — EAGLE WAY AREA, COMMENCING IN FISCAL YEAR 2008/2009 WHEREAS, the City Council through previous resolutions has established and levied annual assessments for the Palm Springs Street Lighting Maintenance District No. 4 — Eagle Way Area (hereinafter referred to as "SLMD-4"), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Cade of California, beginning with Section 22500 (hereinafter referred to as the "Act") that provides for the collection of assessments by the County of Riverside on behalf of the City of Palm Springs to pay for the maintenance and operation of street lighting improvements and facilities related thereto; and WHEREAS, the City Council desires to initiate proceedings for a proposed assessment increase associated with the street lighting improvements to be provided within SLMD- 4; and the establishment of new maximum assessments related thereto; and the levy and collection of the annual assessments for fiscal year 2008/2009 against the lots and parcels of land within SLMD-4 for the improvements and services that will provide special benefits to those properties, pursuant to the Act and the California Constitution Article XIIID. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 Recitals: The above recitals are true and correct. SECTION 2 Engineer's Report: The City Council hereby orders the City Engineer (the Assessment Engineer of Work) to prepare and file with the City Clerk an Engineer's Report (hereinafter referred to as the "Report") concerning the proposed assessment increase for SLMD-4; the improvements and services connected therewith and the proposed levy of assessments for the fiscal year commencing July 1, 2008, and ending June 30, 2009, in accordance with Section 22623 of the Act. Said Reports shall contain a description of the improvements, an estimate of the costs financed by the levy of the assessments, the properties benefiting from the improvements and the method of apportioning the assessments connected with SLMD-4. SECTION 3 Improvements: The proposed improvements and services to be provided and for which properties shall be assessed, include but are not limited to the regular maintenance, operation and incidental expenses related to the public street lighting improvements, facilities and energy costs associated with the properties within SLMD-4 in connection with the special benefit received by those parcels. The Report to be prepared in connection with these proceedings for a proposed assessment increase for SLMD-4 shall provide a more detailed description of the improvements and associated 122 Resolution No. Page 2 costs_ SECTION 4 Assessments: The City Council hereby determines that in order to adequately maintain and support the public street lighting improvements within SLMD-4 as generally described in Section 3 of this resolution, it is necessary to increase the annual assessments to be levied against lots and parcels within SLMD-4 commencing in fiscal year 200812009, The Report referred to in Section 2 of this resolution shall establish the estimated budget of anticipated expenses and the resulting new maximum assessments including an annual inflationary adjustment, that will be necessary to provide ongoing funding for the maintenance and servicing of the improvements being proposed; and the proposed assessment increases may only be imposed pursuant to the provisions of the California Constitution, Article XIIID_ ADOPTED this 7th day of November, 2007. David H. Ready, City Manager ATTEST: James Thompson, City Clerk 123 Resolution No. Page 3 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 November 7, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 124 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE CITY'S INTENTION TO PROPOSE AN INCREASE TO THE ASSESSMENTS FOR PROPERTIES WITHIN STREET LIGHTING MAINTENANCE DISTRICT NO. 4 -- EAGLE WAY AREA, COMMENCING IN FISCAL YEAR 2008/2009; AND CALLING FOR A PROPERTY OWNER PROTEST BALLOT PROCEEDING FOR SAID ASSESSMENT INCREASE WHEREAS, the City Council, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Parl 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, initiate proceedings for a proposed assessment increase for the Palm Springs Street Lighting Maintenance District No- 4 — Eagle Way Area (hereinafter referred to as "SLMD-4"), to be levied and collected through annual assessments against lots and parcels within SLMD-4 commencing in fiscal year 2008/2009; and WHEREAS, the City Council desires to levy and collect the necessary assessments (increased assessments) against lots and parcels of land within SLMD-4 to support and pay the cost and expenses related to the maintenance, operation and servicing of the public street lighting improvements related thereto for which properties within SLMD-4 will receive special benefits; and WHEREAS, the City Engineer (Assessment Engineer of Work) has prepared and filed the required Engineer's Report for SLMD-4 in connection with the proposed assessment increase commencing in fiscal year 2008/2009 (beginning July 1, 2008, and ending June 30, 2009) with the City Clerk pursuant to Section 22623 of the Act, and said Report has been presented to the City Council and is incorporated herein by reference. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 Recitals: The above recitals are true and correct. SECTION 2 Content of Engineer's Report: The Engineer's Report as presented, consists of the following; 2a) A Description of Improvements (Plans and Specifications). 2b) An Assessment Diagram (Boundary). 2c) The proposed Budget establishing the estimated annual Costs and Expenses. 2d) The Method of Apportionment that describes the method of calculating proportional special benefits and the annual assessment obligation for each affected parcel. 125 Resolution No. Page 2 2e) An Assessment Roll containing the proposed new assessment to be levied for each Assessor Parcel Number commencing in fiscal year 2008/2009 based on the proposed budget and method of apportionment. Said assessments shall be presented to the property owners of record pursuant to the California Constitution Article XIIID. SECTION 3 Approval of Report: The Engineer's Report for SLMD-4 is hereby approved on a preliminary basis as submitted or amended by direction of this City Council, and is herby ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. SECTION 4 Intention: The City Council hereby declares its intention to increase the annual assessments on properties within SLMD-4 as outlined in the Engineer's Report to fund the cost and expenses associated with the public street lighting within SLMD-4; and to levy and collect such assessments against parcels of land commencing with fiscal year 2008/2009 in accordance with the Act and the provisions of the California Constitution Article XIIID. The City Council further declares its intention to conduct a public hearing regarding SLMD-4 and the proposed levy of an increased assessment and calls for a property owner protest ballot proceeding related thereto in accordance with the provisions of the California Constitution Article XIIID. The City Council finds that the public's best interest requires such action and levy of assessments. SECTION 5 Territory: The City Council hereby finds that the lots, parcels of land and subdivisions within the boundaries of SLMD-4 as identified by the Assessment Diagram contained in the Engineer's Report; includes all properties that receive special benefits from the street lighting improvements for which the City proposes to levy such assessments. SECTION 6 Improvements: The proposed improvements and services to be provided and for which properties shall be assessed, include but are not limited to the regular maintenance, operation and incidental expenses related to the public street lighting improvements, facilities and energy costs associated with the properties within SLMD-4 in connection with the special benefit received by those parcels. The Engineer's Report prepared in connection with these proceedings for a proposed assessment increase in SLMD-4 provides a more detailed description of the improvements and associated costs and by reference is made part of this resolution. SECTION 7 Assessments: The City Council hereby determines that in order to provide an appropriate level of maintenance, operation and servicing of the improvements within SLMD-4 as generally described in section 6 of this resolution, it is necessary to increase the annual assessments to be levied against lots and parcels within SLMD-4 commencing in fiscal year 200812009. The Engineer's Report referred to in Section 2 of this resolution establishes the estimated budget of anticipated expenses and the resulting new assessments for SLMD-4 including an annual inflationary adjustment, that will be necessary to provide ongoing funding of the improvements 126 Resolution No, Page 3 including all operational and incidental expenses related to such improvements and services. SECTION 8 Compliance with the Constitution: Pursuant to California Constitution, Article XIIID, an assessment ballot proceeding is hereby called on the matter of confirming the proposed assessment increase for SLMD-4. The ballots and notices so authorized shall be distributed by first class mail to the property owners of record as of the last County equalized roll, and property owner or owners of each affected parcel may return the ballot by mail or in person to the City Clerk not later than the conclusion of the public hearing for this matter. SECTION 9 Mailed Notice and Ballot: The City Council hereby authorizes and directs the City Clerk or their designee to prepare and mail notice of the Public Hearing and property owner protest ballots to the subject property owners regarding the proposed assessment increase including the assessment formula as outlined in the Engineer's Report, for return receipt prior to the date and time of the public hearing set forth in this resolution. SECTION 10 Public Hearing: The City Council hereby declares its intention to conduct a Public Hearing concerning SLMD-4, the improvements therein and the proposed assessment increase connected therewith. Notice is hereby given that on Wednesday, January 16, 2008 at 6:00 P.M., the City Council will hold a Public Hearing for SLMD-4 and the proposed levy and collection of an assessment increase related thereto commencing in fiscal year 2008/2009, or as soon thereafter as feasible. The Public Hearing will be held in the City Council Chambers, located at 3200 East Tahquitz Canyon Way, Palm Springs, at the time so fixed_ At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard. SECTION 11 Determination of Majority Protest: The property owner protest ballot proceeding conducted for SLMD-4 shall constitute the property owners' approval or rejection of the proposed assessment increase and associate assessment formula. The property owners may return their ballot by mail or in person to the City Clerk not later than the conclusion of the Public Hearing on Wednesday, January 16, 2008_ After the close of the Public Hearing, pursuant to Section 4, Sub-Section 4 (e) of the California Constitution, the City shall tabulate the ballots returned to determine if majority protest exits. Only those ballots issued by the City shall be considered as valid ballots and shall be weighted according to the proportional financial obligation of the affected property. Majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In addition to the mailed ballot proceedings, any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, or having previously filed protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection, and protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the public hearing, all interested persons shall be afforded the opportunity to hear and be heard. 127 Resolution No. Page 4 SECTION 12 Notice: The City Clerk is hereby authorized and directed to give notice of such Public Hearing as provided by law. ADOPTED this 7th day of November, 2007. David H. Ready, City Manager ATTEST- James Thompson, City Clerk 128 Resolution No. Page 5 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 November 7, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 129 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, INITIATING PROCEEDINGS FOR A PROPOSED ASSESSMENT INCREASE FOR PROPERTIES WITHIN PARKWAY MAINTENANCE DISTRICT NO. 66 -- PARKSIDE ESTATES, PARKWAY MAINTENANCE DISTRICT NO. 7 -- SUNRISE NORTE, AND PARKWAY MAINTENANCE DISTRICT NO. 8 — VINTAGE PALMS, COMMENCING IN FISCAL YEAR 2008/2009 WHEREAS, the City Council through previous resolutions has established and levied annual assessments for the Palm Springs Parkway Maintenance District No. 6B — Parkside Estates (hereinafter referred to as "PMD-613"), Parkway Maintenance District No. 7 — Sunrise Norte (hereinafter referred to as "PMD-7"), and Parkway Maintenance District No. 8 — Vintage Palms (hereinafter referred to as "PMD-8"), and collectively hereinafter referred to as the "Districts"; 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 collection of assessments by the County of Riverside on behalf of the City of Palm Springs to pay for the maintenance and operation of landscaping and lighting improvements and facilities related thereto; and WHEREAS, the City Council desires to initiate proceedings for a proposed assessment increase associated with the landscape improvements to be provided within PMD-613, PMD-7 and PMD-8 as well as the street lighting improvements to be provided within PMD-7; and the establishment of new maximum assessments related thereto; and the levy and collection of the annual assessments for fiscal year 2008/2009 against the lots and parcels of land within PMD-613, PMD-7 and PMD-8 for the improvements and services that will provide special benefits to the properties within each of these respective Districts pursuant to the Act and the California Constitution Article XIIID_ THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 Recitals: The above recitals are true and correct. SECTION 2 Engineer's Report: The City Council hereby orders the City Engineer (the Assessment Engineer of Work) to prepare and file with the City Clerk the Engineer's Reports (hereinafter referred to as the "Reports") concerning the proposed assessment increases for PMD-6B, PMD-7 and PMD-8; the improvements and services connected therewith and the proposed levy of assessments for the fiscal year commencing July 1, 2008, and ending June 30, 2009, in accordance with Section 22623 of the Act. Said Reports shall contain a description of the improvements, an estimate of the costs financed by the levy of the assessments, the properties benefiting from the improvements and the method of apportioning the assessments connected with PMD- 613, PMD-7 and PMD-8 respectively. 130 Resolution No. Page 2 SECTION 3 Improvements: The proposed improvements and services to be provided and for which properties shall be assessed, include but are not limited to the regular maintenance, operation and incidental expenses related to the landscape improvements, facilities and appurtenant services associated with the properties within each of the respective Districts (PMD-6B, PMD-7 and PMD-8) as well as the street lighting improvements for PMD-7. The Engineer's Reports to be prepared in connection with these proceedings for a proposed assessment increase for PMD-613, PMD-7 and PMD-8 shall provide a more detailed description of the improvements and associated costs for each respective District. SECTION 4 Assessments: The City Council hereby determines that in order to adequately maintain and support the landscaping and lighting improvements within PMD-613, PMD-7 and PMD-8 as generally described in Section 3 of this resolution, it is necessary to increase the annual assessments to be levied against lots and parcels within those Districts commencing in fiscal year 2008/2009. The Reports referred to in Section 2 of this resolution shall establish the estimated budget of anticipated expenses and the resulting new maximum assessments for each District including an annual inflationary adjustment, that will be necessary to provide ongoing funding for the maintenance and servicing of the improvements being proposed; and the proposed assessment increases may only be imposed pursuant to the provisions of the California Constitution, Article XIIID. ADOPTED this 7th day of November, 2007. David H. Ready, City Manager ATTEST: James Thompson, City Clerk 131 Resolution No, Page 3 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 November 7, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 132 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE CITY'S INTENTION TO PROPOSE AN INCREASE TO THE ASSESSMENTS FOR PROPERTIES WITHIN PARKWAY MAINTENANCE DISTRICT NO. 6B — PARKSIDE ESTATES, PARKWAY MAINTENANCE DISTRICT NO. 7 — SUNRISE NORTE, AND PARKWAY MAINTENANCE DISTRICT NO. 8 -- VINTAGE PALMS, COMMENCING IN FISCAL YEAR 2008/2009; AND CALLING FOR A PROPERTY OWNER PROTEST BALLOT PROCEEDING FOR SAID ASSESSMENT INCREASES 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, initiate proceedings for a proposed assessment increase for the Palm Springs Parkway Maintenance District No. 6B — Parkside Estates (hereinafter referred to as "PMD-613"); Parkway Maintenance District No. 7 — Sunrise Norte (hereinafter referred to as "PMD-7"); and Parkway Maintenance District No. 8 — Vintage Palms (hereinafter referred to as "PMD-8"); and collectively hereinafter referred to as the "Districts"; to be levied and collected through annual assessments against lots and parcels within PMD-6B, PMD-7 and PMD-8 commencing in fiscal year 2008/2009; and WHEREAS, the City Council desires to levy and collect the necessary assessments (increased assessments) against lots and parcels of land within PMD-613, PMD-7 and PMD-8 to support and pay the cost and expenses related to the maintenance, operation and servicing of the landscaping and lighting improvements related thereto for which properties within PMD-6B, PMD 7 and PMD-8 will receive special benefits; and WHEREAS, the City Engineer (Assessment Engineer of Work) has prepared and filed the required Engineer's Reports for PMD-6B, PMD-7 and PMD-8 in connection with the proposed assessment increases commencing in fiscal year 2008/2009 (beginning July 1, 2008, and ending June 30, 2009) with the City Clerk pursuant to Section 22623 of the Act, and said reports have been presented to the City Council, and said reports are incorporated herein by reference. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 Recitals: The above recitals are true and correct. SECTION 2 Content of Engineer's Report(s): The Engineer's Reports as presented, consist of the following: 2a) A Description of Improvements (Plans and Specifications). 133 Resolution No. Page 2 2b) An Assessment Diagram (Boundary)_ 2c) The proposed Budget establishing the estimated annual Costs and Expenses. 2d) The Method of Apportionment that describes the method of calculating proportional special benefits and the annual assessment obligation for each affected parcel. 2e) An Assessment Roll containing the proposed new assessment to be levied for each Assessor Parcel Number commencing in fiscal year 2008/2009 based on the proposed budget and method of apportionment. Said assessments shall be presented to the property owners of record pursuant to the California Constitution Article XIIID. SECTION 3 Approval of Report(s): The Engineer's Report for PMD-6B, PMD-7 and PMD-8 are hereby approved on a preliminary basis as submitted or amended by direction of this City Council, and are herby ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. SECTION 4 Intention: The City Council hereby declares its intention to increase the annual assessments on properties within PMD-613, PMD-7 and PMD-8 as outlined in the corresponding Engineer's Report to fund the cost and expenses associated with the authorized landscaping and lighting improvements within those Districts; and to levy and collect such assessments against parcels of land within PMD-613, PMD-7 and PMD-8 respectively, commencing with fiscal year 2008/2009 in accordance with the Act and the provisions of the California Constitution Article XIIID. The City Council further declares its intention to conduct a public hearing regarding PMD-6B, PMD-7 and PMD-8 and the proposed levy of an increased assessment and calls for a property owner protest ballot proceeding related thereto in accordance with the provisions of the California Constitution Article XIIID. The City Council finds that the public's best interest requires such action and levy of assessments. SECTION 5 Territory: The City Council hereby finds that the lots, parcels of land and subdivisions within the boundaries of PMD-6B, PMD-7 and PMD-8 as identified by the Assessment Diagram for each District; includes all properties that receive special benefits from the related landscaping and lighting improvements for which the City proposes to levy such assessments. SECTION 6 Improvements: The proposed improvements and services to be provided and for which properties shall be assessed, include but are not limited to the regular maintenance, operation and incidental expenses related to the landscape improvements, facilities and appurtenant services associated with the properties within each of the respective Districts (PMD-6B, PMD-7 and PMD-8) as well as the street lighting improvements for PMD-7. The Engineer's Reports prepared in connection with these proceedings for a proposed assessment increase for PMD-613, PMD-7 and PMD- 8 provide a more detailed description of the improvements and associated costs for each respective District and by reference are made part of this resolution. 134 Resolution No. Page 3 SECTION 7 Assessments: The City Council hereby determines that in order to provide an appropriate level of maintenance, operation and servicing of the improvements within PMD-6B, PMD-7 and PMD-8 as generally described in section 6 of this resolution, it is necessary to increase the annual assessments to be levied against lots and parcels within PMD-613, PMD-7 and PMD-8 commencing in fiscal year 2008/2009. The Engineer's Reports referred to in Section 2 of this resolution establish the estimated budget of anticipated expenses and the resulting new assessments for PMD-6B, PMD-7 and PMD-8 including an annual inflationary adjustment, that will be necessary to provide ongoing funding of the respective improvements including all operational and incidental expenses related to such improvements and services. SECTION 8 Compliance with the Constitution: Pursuant to California Constitution, Article XIIID, an assessment ballot proceeding is hereby called on the matter of confirming the proposed assessment increase for PMD-66, PMD-7 and PMD-8. The ballots and notices so authorized shall be distributed by first class mail to the property owners of record as of the last County equalized roll, and property owner or owners of each affected parcel may return the ballot by mail or in person to the City Clerk not later than the conclusion of the public hearing for this matter. SECTION 9 Mailed Notice and Ballot: The City Council hereby authorizes and directs the City Clerk or their designee to prepare and mail notice of the Public Hearing and property owner protest ballots to the subject property owners regarding the proposed assessment increases including the assessment formula as outlined in the Engineer's Reports, for return receipt prior to the date and time of the public hearing set forth in this resolution. SECTION 10 Public Hearing: The City Council hereby declares its intention to conduct a Public Hearing concerning PMD-6B, PMD-7 and PMD-8, the improvements therein and the proposed assessment increases connected therewith. Notice is hereby given that on Wednesday, January 16, 2008, at 6:00 P.M., the City Council will hold a Public Hearing for PMD-613, PMD-7 and PMD-8 and the proposed levy and collection of assessment increases related thereto commencing in fiscal year 2008/2009, or as soon thereafter as feasible. The Public Hearing will be held in the City Council Chambers, located at 3200 East Tahquitz Canyon Way, Palm Springs, at the time so fixed. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard. SECTION 11 Determination of Majority Protest: The property owner protest ballot proceeding conducted for PMD-6B, PMD-7 and PMD-8 shall constitute the property owners' approval or rejection of the proposed assessment increase and associated assessment formula. The property owners may return their ballot by mail or in person to the City Clerk not later than the conclusion of the Public Hearing on Wednesday, January 16, 2008. After the close of the Public Hearing, pursuant to Section 4, Sub- Section 4 (e) of the California Constitution, the City shall tabulate the ballots returned to determine if majority protest exits. Only those ballots issued by the City shall be considered as valid ballots and shall be weighted according to the proportional financial 135 Resolution No. Page 4 obligation of the affected property. Majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment for each respective District. In addition to the mailed ballot proceedings, any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, or having previously filed protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection, and protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the public hearing, all interested persons shall be afforded the opportunity to hear and be heard. SECTION 12 Notice: The City Clerk is hereby authorized and directed to give notice of such Public Hearing as provided by law. ADOPTED this 7th day of November, 2007. David H. Ready, City Manager ATTEST: James Thompson, City Clerk 136 Resolution No. Page 5 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 November 7, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 137