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6/19/2002 - STAFF REPORTS (7)
DATE: June 19, 2002 TO: City Council FROM: Director of Public Works/City Engineer ANNUAL MAINTENANCE DISTRICTS - RESOLUTIONS OF INTENTION FOR YEAR 2002-03 RECOMMENDATION: That City Council approve the Engineers Reports and Resolutions of Intention setting date for Public Hearings for July 17, 2002 for 4 Lighting Maintenance Districts and 6 Parkways Maintenance Districts for fiscal year 2002-03. SUMMARY: Annually the City Council approves the Engineers Reports and the Resolutions of Intention,setting a date in July for the Public Hearings for the annual maintenance districts. BACKGROUND: There are currently ten existing Annual Maintenance Districts in the City of Palm Springs: 1. Street Lighting Maintenance District No. 1 (Belardo Area-166 Properties) 2. Street Lighting Maintenance District No. 2 (McManus Drive-25 Properties) 3. Street Lighting Maintenance District No. 3 (Crossley Tract- 75 Properties) 4. Street Lighting Maintenance District No. 4 (Eagle Way Area- 43 Properties) 5. Parkways Maintenance District No. 6A (Chia Rd. Area- 24 Properties) 6. Parkways Maintenance District No. 6B ("Parkside Estates" - 93 Properties) 7. Parkways Maintenance District No. 6C ("Park Sonora" Tract- 30 Properties) 8. Parkways Maintenance District No. 7 ("Sunrise Norte" Tract- 53 Properties) 9. Parkways Maintenance District No. 8 ("Vintage Palms" Tract- 63 Properties) 10. Parkways Maintenance District No. 9 ("The Springs" Tract- 77 Properties) Eight(8) of the districts listed above, are under the "Landscaping and Lighting Act of 1972"which require Public Hearings every year. Lighting Districts No. 1 & 2are under the "Street Lighting Act of 1931,"which require public hearings every five (5)years,the last being on July 18, 2001. There are 649 total properties within the 10 annual maintenance districts (see Exhibit "A). Lighting District No. 1 (Belardo Area), will require an additional upcoming ballot and Public Hearing this year to address a problem with the existing 35 year old lighting system in that area which is failing and appears to be in need of total replacement, according to City electricians and an electrical consultant.Staff proposes that the cost to design the new lighting system be added to the 02/03 assessments, if approved by ballot of the property owners. We will meet with the property owners to explain the issues, detail the costs, and get their input prior to the ballot and Public Hearing. The 02/03 maintenance costs are the only costs for approval on this agenda. GA MEMORANDUM DATE: June 19, 2002 TO: City Council via David J. Barakian, Director of Public Works/City Engineer FROM: Robert L. Mohler, Special Districts and Grants Manager `o �e SUBJECT: ANNUAL MAINTENANCE DISTRICTS - Formation Background- 3 Pages (Regarding JUNE 19 Resolutions of Intention &JULY 17, 2002 PUBLIC HEARINGS) DISTRICT PROPERTIES YEAR REASON FOR FORMED FORMATION 1. Lighting District 166 1967 Neighborhood lighting No. 1 (Belardo Area) petitioned for by area residents (1931 Act). 2. Lighting District No. 2 25 1967 Neighborhood lighting (McManus Dr.) petitioned for by area residents (1931 Act) 3. Lighting District No. 3 75 1983 Lighting installed by county (Crossley Tract) grant, AD formed to cover annual electrical costs (1972 Act). 4. Lighting District No. 4 43 1986 Neighborhood lighting (Eagle Way Area) petitioned for by area residents due to crane concerns (1972 Act). 5. Parkways District 6A 24 1980 "Fairport Development" site (Chia Rd. Area) landscape installed by developer, maintained by district (1972 Act). 6. Parkway District 6B 93 1980 "Parkside Estates Tract" site (Parkside EstatesTract) landscape installed on Mesquite Ave. & perimeter frontage by El Placer Rd.Area developer maintained by district (1972 Act). 7. Parkways District 6C 30 1980 "Park Sonora Tract' (Park Sonora Tract) landscape installed by El Cielo Rd & Sonora developer, maintained by Rd. Area district (El Cielo Rd. frontage only) 1972 Act). Exhibit "A" 4AB DISTRICT PROPERTIES YEAR REASON FOR FORMED FORMATION 8. Parkways District 7 53 1990 "Sunrise Norte Tract", (Sunrise Norte Tract) existing landscape on San Sunrise Way & San Rafael and 6 internal street Rafael Dr. Area safety lights taken over by maintenance district, petitioned for by property owners. (1972 Act) 9. Parkways District 8 63 1990 "San Rafael Partnership (Vintage Palms Tract) Tract" developer installed San Rafael Dr. & Ave. landscaping on San Rafael Caballeros and Avenida Caballeros, petitioned for by owners. (1972 Act) 10. Parkways District 9 77 1997 "Flora Vista" Tract (Flora Vista Tract) landscape buffer strip was Sunrise Way-Via developer installed on Escuela to Rac.Club Sunrise Way at Via Escuela, petioned by the property owners(1972 Act) TOTAL PROPERTIES 649 Additional Information: Lighting Maintenance Districts The Neighborhood Street Lights are maintained by the City Crews and Southern California Edison Co.(SCE)-(facilities maintenance crews, managed by local SCE office). Most of the annual costs (about 80% or more) are the basic SCE monthly electrical charges. In many cases the street lights were requested by property owners as a crime deterrent. Most of the general public, however, seem to prefer the dark desert sky atmosphere and do not wish neighborhood street lighting promoted by the City. The lighting districts were established in areas where more than 60% of the given area residents had petitioned the City to have the street lights installed. There are 309 properties in Palm Springs within the 4 lighting district boundaries. Parkways Maintenance Districts The parkways districts are primarily developer oriented projects that installed off-site landscaping along the public right-of-way perimeters of subdivisions as a condition-of-approval requirement of the Planning Commission. The landscaping is an enhancement to the project and neighborhood. -2- 'G#9 These are typically single-family property ownerships that are not within a condominium type situation to handle the costs by association dues. Their chosen option is to form the maintenance district to spread the costs annually on the tax rolls since there is no other practical method to collect and pay for the annual maintenance costs . There are 340 properties in the 6 parkway maintenance districts City-wide, (see attached location map). Effective July 1, 2001 PAC WEST LAND CARE, INC. took over the annual Parkways Maintenance contract (replacing "The Groundskeeper" from prior year). PAC WEST's contract is for 3 years, with an option for 2 +2 additional years of extensions. Scott Mikesell, Director of Parks, Recreation and Facilities, administers and oversees the annual maintenance contracts. With the exception of Lighting Districts Nos. 1 and 2,most of the maintenance districts were formed under the California "Landscaping and Lighting Act of 1972". The exceptions are Lighting District No. 1 (Belardo area) and Lighting District No. 2(McManus), which were formed under the California "Street Lighting Act of 1931". The 1931 Act only requires a public hearing once every five years, whereas the 1972 Act requires public hearings every year. The annual assessments(Fixed Charges Reporting Forms)must be submitted to the County Tax Collector by the 3rd. week of August annually. We therefore schedule to approve the Engineers Reports and adopt the Resolutions of Intentions annually in June and hold the Public Hearings annually in July in order to make the County Clerk's annual August deadline. According to the City Clerk, there have been no protests to date for any of the districts listed above, including the earliest district dating back to 1967. There is no net cost to the City for the annual maintenance districts as all maintenance and administrative costs are assessed to the property owners. RLM cc: David Ready, City Manager David J. Barakian, Director of Public Works/City Engineer Scott Mikesell, Director of Parks, Recreation and Facilities Trisha Sanders, City Clerk Tom Kanarr, Director of Finance/City Treasurer Harold Good, Director of Procurement and Contracting Attachment: Location Map H:\BobM\Data\Doc\Annual MamLSummary.FY2002-03_6-19-02.mcm.wpd -3- G�S` 3 35 36 PMD NO 8 PMD NO.7 lei \ San Rafael" rin "Sunrise Norte" 1 NE'` r`. CITY OF 1 PALM SPRINGS 1 PMD NO. 9 \; I _ "The Springs" [ \ PMD 6-A. 1 \ '� ..-., '�' r✓' �a . . _ I "Chia" \ 1 � v1� •r a � —.ten , 1 FIZZ _ ;J SLMD NO.2 1 _3"Mc Manus" - j j P, D NO.6A,6B,6C 1 1 15� �L� 1 ag 1 � .e. •...� .. SPRINGS \ ti N IL_ AIRPORT \ SLMD NO.1 h \ 1 "Belardo" �� 1 PMD 6-B 1 22 "Mesquite" PMD 6-C 1 •.1 �� �Il1L • _ Sonora 1 \ SLMD.NO.4 SLMD \ r . g Eagle Way" I "Crossley Tr." Ems, I 1 Annual Maintenance Districts ,_l 1 SLMD = Street Lighting Maintenance District 1 PMD = Parkways Maintence District 1 1 /�� NOTE: All under "Landscaping & Lighting Act of 1972 \ " except SLMD NO.1&2 = Street Lighting Act of 1931" = rI f dif City of Palm Springs ANNUAL MAINTENANCE DISTRICTS FISCAL YEAR 2002-03 yf7/d ENGINEER'S REPORT SUMMARY 7 ("Exhibit B" Attachment to June 19, 2002 City Council Agenda) • Street Lighting Maintenance District No. 1 (Belardo Rd. Area)- 166 Properties Total assessed = $8,581 ($51.69 average cost per parcel- assessments vary) • Street Lighting Maintenance District No. 2 (McManus Dr. Area)- 25 Properties Total assessed = $4,250 ($170 per parcel) • Street Lighting Maintenance District No. 3 (Crossley Tract)-75 Properties Total assessed = $2,484 ($33.12 per parcel) • Street Lighting Maintenance District No. 4 (Eagle Way Area)-43 Properties Total assessed = $1,129 ($2626 per parcel) • Parkways Maintenance District No. 6A (Tachevah Dr. Area)- 24 Properties Total assessed = $4,181 (20@$149.3214@$298.64 each) • Parkways Maintenance District No. 6B (Parkside Estates-Mesquite)- 93 Properties Total assessed = $1,818 ($19.55 per parcel) • Parkways Maintenance District No. 6C (Park Sonora Tract)- 30 Properties Total assessed = $8,262 ($275.40 per parcel) • Parkways Maintenance District No. 7 (Sunrise Norte Tract)- 53 Properties Total assessed = $23,747 ($448.06 per parcel) • Parkway Maintenance District No. 8 (Vintage Palms Tract) - 64 Properties Total assessed = $11,657 (2 cz $2,239.50;62 @ $110.1-147per parcel) • Parkways Maintenance District No. 9 (Flora Vista Tract)-77 Properties Total assessed= $0.00 ($0.00 per parcel-$17,762 surplus exceeds $17,196 estimate) 649 Parcels/ Total Assessments= $66,109 Dated June 19, 2002 Cover Page to 10 Engineer's Reports- 12 Pages Total EXHIBIT "B" H:\BobM\Data\➢ocument\Summary.2002.03.Eng.Rcport.6.19.02 wpd DATE: June 19, 2002 Page 1 of 2 AGENCY: City Council, City of Palm Springs PROJECT: Street Lighting Maintenance District No,1 (Belardo Rd. Area) FISCAL YEAR: July 1, 2002 through June 30, 2003 FROM: David J. Barakian, Public Works Director/City Engineer (Prepared by Robert L. Mohler, Special Districts & Grants Mgr.) ENGiNFER'S REPORT LIGHTING DISTRICT N0. 1 (BELARDO RD. AREA)- Formed in 1967 A. Type of Maintenance (by Southern Calif. Edison Co.): Repair or replace any of the installed lighting facilities as necessary within this lighting district. B. Actual Costs vs. Assessments Summary: Account(Deficit) on 6/30/00 (From 01/02 Engineer's Report)= ($5,614) Assessment in 00/01= 7,280 Actual Costs in 00/01= (6,673) Deficit as of 6130/01= (S5,007) Assessment in 01/02= $7,280 ''Projected Actual Costs in 01/02= 8 5S1 Projected Account (Deficit) as of 6/30/02= (S6,308) C. Maintenance Assessment for FY2002/03 (*based on 01/02 projected costs)= (Previous highest assessment was approved by City Council at$9,027 in 1990/91) D. NOTE: PROBLEM WITH EXISTING (BELARDO AREA) LIGHTING SYSTEM: The Public Works/Engineering Department has been receiving increasing complaints from Property Owners within Street Lighting District No. 1 about problems with a number of Street Lights which no longer function or have intermittent service. At the direction of the Director of Public Works/City Engineer, City Electricians and Public Works Inspectors investigated the existing (35 year old) electrical system and found that the wiring, conduit system, and fixtures have become obsolete and require replacement within the 9 Streets within SLMD No. 1: Nine Streets Affected: 1. Belardo Road (Tahquitz Canyon Way to Baristo Rd.) 2. Cahuilla Road (Tahquitz Canyon Way to Baristo Rd.) 3. Lugo Road(Arenas Rd. to Baristo Rd.) 4. Patencio Road (Arenas Rd. to Baristo Rd.) 5. San Jacinto Drive (Arenas Rd. to Baristo Rd.) 6. Tahquitz Drive (n/o Arenas Rd. to Baristo Rd.) 7. Tahquitz Canyon Way (Cahuilla Dr. to e/o Belardo Rd.) 8, Arenas Road(Tahquitz Drive to e/o Belardo Rd.) 9. Baristo Road (Tahquitz Dr. to e/o Belardo Rd.) The Public Works/Engineering Staff Estimate to replace the existing system: 1. 48 New Licht Poles & Fixtures @ $4,000 ca. = $192,000 2. 8 850 Lin. Ft_of 2" Conduit&Conductors, Incl. Pavement Replacement @$20 L.F.= 177,000 3. Pullboxes and Electric Service, lump sum= 33,000 4. Mobilization&Traffic Control, lump sum= 10 000 Construction Subtotal— $414,000 5. 10% for Engineering Decign_($30,000) & Costt. Administration (S1L000)= 41,000 TOTAL= S455,000 NOTE: $30,000 proposed for Eng. Design/$425,000 for Construction= $455,000 Total (See "I") E. "Actual Cast" vs. "Assessments" History (Previous Closed Out 5 Years): Actual Costs: 96/97= $6213 97/98= $6215 98/99= $6933 99/00� $6089 00/01= $6,673 Assessments: $4117 $4117 $4117 $6497 $7,280 F. Number of parcels - 167 (Size of parcels vary) G. Maintenance Cost in 02/03 (average cost)=($8,581 divided by 166 parcels)= $51.69 average cost each (Varies due to variety of parcel sizes- see SLMD No.I Fixed Charges Report for 2002/03) Comparison to 01/02: Average was $43.59/Year ($7,280 divided by 166) H. Budget(Expenditure Detail)- see Account No. 001-4301-43600 1. Proposed Public Hearing&Ballot (due to Maior Cast Increases for System Replacement)-see "D" The proposed replacement of the existing Lighting District No. I (Belardo Area) lighting system will require property owner approval via a Public Hearing and Ballot process. The proposed assessment increase to absorb the Engineering Design costs ($30,000 in 02/03) and Construction Costs in 03/04 ($425,000), for a combined cost of$455,000 over a 2 year period must comply with Proposition 218 and Street Lighting Act of 1931 legal procedures. Under no circumstances will any extra (design or construction) work proceed without First obtaining the majority vote of property owners by required ballot. If the property owners do not wish to proceed with a new lighting system, then the existing failing lighting system would need to be abandoned and terminated. Due to need for creating an updated mailing list, mailing ballots to all 166 property owners and giving 45 Day Notice prior to conducting a Public Hearing, September 4, 2002 would be the first available date for the proposed Public Hearing since City Council does not traditionally meet in August. Staff will set up an informal evening meeting with the property owners prior to mailing the ballots to discuss the problem and costs and receive property owner input prior to the Public Hearing and ballot process. According to the Street Lighting Act of 1931 and Proposition 218 Guidelines: All property owners subject to new or increased assessments require a 45 day notice, preparation of an Engineer's Report by a registered professional engineer, a public hearing and a ballot. Majority protest is based upon ballots received from owners of affected property weighted by the proportional financial obligation. This report has been prepared pursuant to the Street Lighting Act of 1931 (Division 14, Part 2 of the Streets and Highways Code and Article XIIID, Section 4 of the California Constitution(Proposition 218). Dated: 'Z �W l DAVID J. BARAICIAN, P.E. RCE No. 28931 City Engineer I3:\USERS\Hn6M\DATA\DOCUMENT\SLMD1.2002-03.Eng.Rcpon 6.19.02.wpd Page 2 of 2 DATE: June 19, 2002 AGENCY: City Council, City of Palm Springs PROJECT: Street Lighting Maintenance District Not (Me Manus Drive) FISCAL YEAR: July 1, 2002 through June 30, 2003 FROM: David J. Barakian, Public Works Director/City Engineer (Prepared by Robert L. Mohler, Special Districts &Grants Mgr.) ENGINEER'S REPORT LIGHTING DISTRICT NO. 2 (Me MANUS DRIVE)-Formed in 1967 A. Type of Maintenance (by Southern Calif. Edison Co.): Repair or replace any of the installed lighting facilities as necessary within this lighting district. Continue to provide power to all fixtures. B. Actual Costs vs. Assessments Summary: Account (Deficit) on 6/30/00 (from 01102 Engineer's Report)— ($5,617) Assessment in 00/01= 4,250 Actual Costs in 00/01= (4,053) Account Defirit as of 6/30/01= ($5,420) Assessment in 01/02= 4,250 Projected Actual Costs in 01/02= (4,230) Projected Account (Deficit) as of 6/30/02= ($5,400) C. ASSESSMENT in 2002/03 (S4,250 is max. approved in 91/92) continue to lower deficit= $4,250 D. Number of parcels in district = 25 E. Cast per parcel in 2002/03= $170.00 per parcel (same as 2001/02) F. "Actual Cast" vs. "Assessments" History (Previous Closed Out 5 Years): Actual Costs: 96/97= $5,599 97/98= $3,255 98/99= $3,675 99/00= $3,556 00101= $4,053 Assessments: S2,412 $2,412 $2,412 S4,250 $4,250 G. Budget (Expenditure Detail)- see Account No.001-4301-43610 This report has been prepared pursuant to the "Landscaping & Lighting Act of 1972" (Division 15, Part 2 of the Streets and Highways Code and Article XIIID, Section 4 of the California Constitution(Proposition 218). Dated: DAVID J. BARAKIAN, P.E. RCE No. 28931 City Engineer t" H:\USERS\➢obM\DATA\DOCUMENT\SLMD2_2002-03.Hng Rcporc6-19-02.wpd RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DECLARING ITS INTENTION TO LEVY AND COLLECT ANNUAL ASSESSMENTS FORA PERIOD OF FIVE (5) YEARS, COMMENCING WITH FISCAL YEAR 2002/03 FOR STREET LIGHTING MAINTENANCE DISTRICT NO. 1ANDFIXING A TIME AND PLACE FOR HEARING THEREON (SLMD NO. 1- BELARDO ROAD AREA). The City Council of the City of Palm Springs, California, does hereby resolve as follows: Section 1. Declaration of Intent - The City Council does hereby declare its intent to levy and collect assessments within Street Lighting Maintenance District No. 1 fora period of five (5) years, commencing with fiscal year 2002/03 (Belardo Road Area). Section 2. Description of Work- The public interest, convenience and necessity require, and it is the intention ofthe district, pursuant to the provisions of Division 14, Part 2 ofthe Streets and Highways Code of the State of California, commonly known as the "Street Lighting Act of 1931," to order the maintenance of certain public works of improvement, together with appurtenances and incidental costs and expenses in connection with the proposed Assessment District and for the benefit of lands within the exterior boundaries of the proposed Assessment District, all in the City of Palm Springs, County of Riverside, State of California, for a period of five (5) years, described as follows: The cost of electrical energy, the maintenance of the electrical facilities and incidental expenses connected therewith. This description of the maintenance costs is intended to be general in nature. Section 3. Description of Assessment District -The City Council makes the expenses of said maintenance chargeable upon the District hereby declared to be the areas benefitted by said maintenance and to be assessed to pay the costs and expenses thereof, said assessments to be collected as a part of the property tax assessment by the County Tax Collector's Office in the same manner and subject to the same penalties for non-payment. (There are 167 Properties within SLMD No. 1). Section 4. Engineer's Report - All of the said work to be done shall be as shown on the Boundary Maps of the District, on file in the office of the City Engineer, and in accordance with the Engineer's Report and reference is hereby made to same for a more particular description of said work; and the same is incorporated herein and made a part hereof. Section 5. Time and Place of Hearing-Notice is hereby given that on July 17, 2002, at the hour of 7:00 p.m. in the City Council Chamber, 3200 E. Tahquitz Canyon Way, Palm Springs, California. Any and all persons having any objection to the proposed assessment, the extent of the assessment districts, may appear and show cause why said assessment should not be carried out in accordance with this Resolution. Protests must be in writing and delivered to the City Clerk prior to the time set forthe hearing. Section 6. Improvement Act-All of the work herein proposed shall be accomplished pursuant to the"Street Lighting Act of 1931,"being Division 14, Part 2(beginning with Section 18300)of the California Streets&Highways Code; and Article XIIID,Section 4 of the California Constitution (Proposition 218). Page 1 of 2 449 SLMD No.1- (Belardo Road Area) Resolution of Intention- FY 2002/03 Page 2 Section 7. Publication of Proceeding -The "Desert Sun" a daily newspaper printed and circulated in the City of Palm Springs, is hereby designated as the newspaper in which this Resolution and all other publications in the proceedings under this resolution shall be published by the City Clerk. Section 8. Designation of the Person to Receive Inquiries - The following person is designated as the official to receive any inquiries concerning such improvements: Robert L. Mohler Special Districts and Grants Manager City of Palm Springs- City Hall 3200 E. Tahquitz Canyon Way Palm Springs, California 92263 Telephone: (760) 323-8250 ADOPTED this day of 2002. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED &APPROVED: H1USERS\Bob WDATA00CUMENT\SLMD-No.1.FY2002-03.Bela rdo.Res.I ntentio n.6-19-02.res.wpd 4,6 2 ..�...�..n.,.,..... ,.�..�r„,�,T.x..o-.`�..n.�. ,...•,..., ...non m'_ wie.�.,°° " eke x�. - - . .i,� —I�I-I• _— _ I � I ° ' •!'� TA QU/TZ Me CALL_U.LF O,P/YE � I ` 1 cu,-oea' 2 n. 'Jp woxw �; \ h11 ' ' $ _ , • • � • � � � bx�1 ..na J6 -ndp a: S. I -may \':,� \ i '�; ^7^•��Tw .p ' ere = u ------- g �/ I � � .x. I 1'. Ire. ...• •� - �, „ �J� 0 I F Of O ^;; �. r,l /ln; _ I w.w =�-' - I 2 •'J i < } ^ Q ^ 1� I `il Q - Cti _ /a_aAs ARENAS-ROAD .eo,ro j (Note: SLMD-1 max.assessment approved at$9,027.00 in 1990/91) - �° 'STREET LIGHTING DISTRICT NO. 1 r �.1_• ..... _,�.. _..-•• SHEEP 1 OF 2 _ 167 PROPERTIES FORMED 1967 '-"'"°'-°'• _ -...__, " STREET LIGHTING ACT OF 1931 " " . , ,,.. , � , -o I I ARENAS ROAD .eo,ra i- H'• © - p ® r 61J' _ On • k t _".._ f •_ ti _F_ _ — li 'a.> � •ne�..� ! a.a•a.rE.n —ha"ro 0 ^0 0 J ` • 0 I •I ' CI'-T � r 0 I 2 /u a.> —__— II ra...a •� poi BARISTO ROAD , rN . ....... © r IF .r -.N .n• - 1 ( p •� uQrNJ[FT„ , I 1 —/re-ae 0 I I � n ur re 1 I O y 0 ' STREET LIGHTING DISTRICT NO. 1 • oo��� - oa�ooEoo SHEET 2 OF 2 s.cc. w a