HomeMy WebLinkAbout22 Res Nos. 2021-17, 2021-18, and 2021-19 - President's Plaza BID III
STAFF REPORT
CITY OF PALM DESERT
FINANCE DEPARTMENT
MEETING DATE: May 13, 2021
PREPARED BY: Thomas J. Metz, Deputy City Treasurer
Randy Chavez, Landscape Supervisor
REQUEST: Approve: 1) the initiation of proceedings to renew the President’s
Plaza Property III Property and Business Improvement District
and to levy and collect assessments therein; 2) the 2021/2022
Management District Plan/Engineer’s Report preliminarily; and 3)
an assessment ballot proceeding so that qualified property
owners within the district may vote on the levying of district
assessments.
______________________________________________________________________
Recommendation
Waive further reading and adopt:
1. Resolution No. 2021-17, initiating proceedings for the renewal of the
President’s Plaza III Property and Business Improvement District and the
levy and collection of assessments for fiscal year 2021/2022, pursuant to
the provisions of part 7 of division 18 of the California Streets and Highways
Code.
2. Resolution No. 2021-18, describing proposed improvements and services
and granting preliminary approval to the 2021/2022 Management District
Plan/Engineer’s Report regarding the proposed renewal of the President’s
Plaza III Property and Business Improvement District, pursuant to the
provisions of part 7 of division 18 of the California Streets and Highways
Code.
3. Resolution No. 2021-19, declaring the City’s intention to renew the
President’s Plaza III Property and Business Improvement District and to
levy and collect assessments therein, and calling for an assessment ballot
proceeding to submit to the qualified property owners within that district the
question of levying district assessments, commencing with fiscal year
2021/2022.
Strategic Plan Objective
Not applicable.
Background Analysis
May 13, 2021 — Staff Report
Intent Meeting for PresidenYs Plaza III
Page 2 of 2
The PresidenYs Plaza III Property and Business Improvement District ("PBID III") was
originally formed for a five-year term, starting with fiscal year 2001/2002. A majority of
property owners subsequently voted to renew the district for three additional five-year
terms, the current one being for fiscal years 2016/2017 through 2020/2021. Fiscal year
2020/2021 is the final year of that term. Renewal is now requested for a new five-year
term for fiscal years 2021/2022 through 2025/2026.
PBID III includes properties on the south side of Highway 111 and on the north side of EI
Paseo, between Highway 74 and Sage Lane. PBID lll street boundaries are shown on
page 15 of the Engineer's Report. The City of Palm Desert collects annual
assessments from property owners in order to pay for services such as landscape
maintenance, street sweeping, and parking lot lighting within the common parking lot
areas.
PBID 111 property owners, representing more than 50 percent of the proposed
assessment to be levied, have petitioned the Palm Desert City Council to initiate
renewa/ proceedings.
Staff recommends that the City Council approve the attached resolutions in order to
initiate the renewal process for PBID III. If these resolutions are approved, then a public
hearing will be scheduled for July 8, 2021, in order to open and count the ballots received.
Fiscal Analvsis
The assessment and collection of the fully levy amount will finance both ongoing
maintenance of PBID III and associated staff costs, relieving the City of financial burden.
LEGAL REVIEW
N/A
DEPT. REVIEW
FINANCIAL
REVIEW
ASSISTANT
CITY MANAGER
�c�.,.r.T'Ni. N%o�t�
�indi/:/irc,[ine
ILNb� I'i. I'/99'LP
�
Robert W. Hargreaves Janet M. Moore Janet M. Moore
City Attorney Director of Finance Director of Finance
City Manager L Todd Hileman: L. TpdG{ hti.I.Cvuqw
ATTACHMENTS
Andy Firestine
Assist City Manager
r�� ry �nr nvrn � ��rrnwt
1. Resolution No. 2021-17 APPROVF,D �� DF.NTF,D
1tGCE1VED OTHEP
2. ResolutionNo.2021-18 p,-lrnl�c{ K�.Ncts.,�l-Il.7.Cr�l-18t�Ca1-�`I
3. Resolution No. 2021-19 ��,;F,TI�IG qA'T� �� �:�.�} ��
4. 2021/2022 Management �i���j �{�miIL.�1'Jn xCtW�f✓I, ti1P tttYL'IP (�1u ivNUn�llor ��
5. PBID III Petition with Sign��� N��� F
Al3SGN'I� ��
ABSTAIN• ��
VERIFIED BY• ����5
Ori�ival on File with City Clcrk'a O�ce
RESOLUTION NO. 2021-17
1 of 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, INITIATING PROCEEDINGS FOR THE RENEWAL
OF THE PRESIDENT’S PLAZA III PROPERTY AND BUSINESS
IMPROVEMENT DISTRICT AND THE LEVY AND COLLECTION OF
ASSESSMENTS THEREIN, PURSUANT TO THE PROVISIONS OF PART 7
OF DIVISION 18 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE,
FOR FISCAL YEAR 2021/2022
The City Council of the City of Palm Desert, California (hereafter referred to as the “City
Council”), does resolve as follows:
WHEREAS, the City Council desires to initiate proceedings for the renewal of
President’s Plaza III Property and Business Improvement District (hereafter referred
to as the “District”), pursuant to the provisions of the Property and Business
Improvement District Law of 1994, part 7 of division 18 of the Streets and Highways
Code of California (hereafter referred to as the “Act”), and for the levy and collection of
assessments by the County of Riverside on behalf of the City of Palm Desert in order
to pay for the improvements and activities that are described in the Management
District Plan (hereafter referred to as the “Plan”) and in the Engineer’s Report
(hereafter referred to as the “Report”), which are combined; and
WHEREAS , pursuant to the Act, a written petition of the property owners within
the District, representing more than 50 percent of the proposed assessments to be
levied, has been presented to the City Council; and
WHEREAS, the City Council has retained Willdan Financial Services (hereafter
referred to as the “Assessment Engineer”) for the purposes of assisting with the
renewal of the District and the establishment of assessments; preparing and filing the
Plan with the city clerk, in accordance with the Act; and preparing and filing the Report
with the city clerk, in accordance with the requirements of California Constitution article
XIII D;
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED
BY THE CITY COUNCIL, THE LEGISLATIVE BODY FOR THE DISTRICT, AS
FOLLOWS:
Section 1. The above recitals are true and correct.
Section 2. Filing of Plan and Report. The City Council hereby orders the
Assessment Engineer to prepare and file with the city clerk the Plan and
Report, which addresses the renewal of, and the establishment of
assessments for, the District, in accordance with the Act.
RESOLUTION NO. 2021-17
2 of 2
Section 3. Improvements: The improvements and activities within the District
include maintenance of parking lot landscaped areas, maintenance and
operation of parking lot lighting facilities, debris removal, and
maintenance of parking lot surface areas. These improvements and
activities are more specifically described in the Plan and Report that will
be filed annually, which is attached hereto and incorporated herein by
reference.
Section 4. Boundaries and Designation: The proposed District will consist of all
parcels located in the commercial business area known as the
President's Plaza Ill within the City of Palm Desert, the County of
Riverside, and the State of California. The territory of the proposed
District is generally located south of Palm Desert Drive at Highway
111, north of El Paseo, west of Sage Lane, and east of Old Highway
74. It also includes the Palm Desert Parking Lot, which is a lease
parcel to the City of Palm Desert that is located south of Highway 111,
east of New Highway 74, and west of Old Highway 74. The proposed
District will be designated as the “President’s Plaza III Property and
Business Improvement District.”
PASSED, APPROVED, AND ADOPTED by the Palm Desert City Council on the
13th day of May 2021, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
KATHLEEN KELLY, MAYOR
ATTEST:
_____________________________________
M. GLORIA SANCHEZ, ACTING CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
RESOLUTION NO. 2021-18
1 of 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DESCRIBING PROPOSED IMPROVEMENTS AND SERVICES AND
GRANTING PRELIMINARY APPROVAL TO THE MANAGEMENT DISTRICT PLAN
AND THE ENGINEER’S REPORT REGARDING THE PROPOSED RENEWAL OF
THE PRESIDENT’S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT
DISTRICT, PURSUANT TO THE PROVISIONS OF PART 7 OF DIVISION 18 OF
THE CALIFORNIA STREETS AND HIGHWAYS CODE, FOR FISCAL YEAR
2021/2022
The City Council of the City of Palm Desert, California (hereafter referred to as the “City
Council”), does resolve as follows:
WHEREAS, the City Council has, by previous resolution, initiated proceedings for the
renewal of the President’s Plaza III Property and Business Improvement District (hereafter
referred to as the “District”), pursuant to the provisions of the Property and Business
Improvement District Law of 1994, part 7 of division 18 of the Streets and Highways Code of
California (hereafter referred to as the “Act”), and has ordered the preparation of a
Management District Plan (hereafter referred to as the “Plan”) and an Engineer’s Report
(hereafter referred to as the “Report”), which are combined, for the District; and
WHEREAS, the City Council has retained Willdan Financial Services (hereafter referred
to as the “Assessment Engineer”) for the purposes of assisting with the renewal of the District
and the establishment of assessments; preparing and filing the Plan with the city clerk, in
accordance with the provisions of the Act; and preparing and filing the Report, in accordance
with the provisions of California Constitution article XIII D; and
WHEREAS, the Assessment Engineer has presented to the City Council the Plan and
Report, which are combined and which are incorporated herein by reference; and
WHEREAS, the City Council has examined and reviewed the Plan and Report, as
presented, and is satisfied with the District, the budget items and documents as set forth
therein, and the assessments, which have been spread in accordance with the special
benefits that are received from the improvements, operation, maintenance, and services to
be performed within the District;
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE
CITY COUNCIL, THE LEGISLATIVE BODY FOR THE DISTRICT, AS FOLLOWS:
Section 1. The above recitals are true and correct.
Section 2. Content of Plan. That the Plan, as presented, consists of the following:
A. A description of improvements and services that the District will provide.
RESOLUTION NO. 2021-18
2 of 2
B. The annual budget (estimates of costs and expenses of
services,operations, and maintenance).
C. The district roll containing the levy of assessments for each assessor
parcel within the District.
D. A boundary map for the boundaries of the District.
Section 3. Content of Report. That the Report, as presented, consists of the following :
A. A description of improvements.
B. The annual budget (costs and expenses of services, operations, and
maintenance).
C. The method of apportionment.
D. A boundary map for the boundaries of the District.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City
Council, held on this 13th day of May 2021, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
KATHLEEN KELLY, MAYOR
ATTESTED:
_____________________________________
M. GLORIA SANCHEZ, ACTING CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
RESOLUTION NO. 2021-19
1 of 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DECLARING THE CITY’S INTENTION TO RENEW THE
PRESIDENT’S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT
DISTRICT, TO LEVY AND COLLECT ASSESSMENTS THEREIN, AND TO CALL
FOR AN ASSESSMENT BALLOT PROCEEDING TO SUBMIT TO QUALIFIED
PROPERTY OWNERS WITHIN SUCH DISTRICT THE QUESTION OF LEVYING
ASSESSMENTS FOR SUCH DISTRICT, COMMENCING FISCAL YEAR 2021/2022
WHEREAS, the City Council has, by previous resolution, initiated proceedings for the
renewal of the President’s Plaza III Property and Business Improvement District (hereafter
referred to as “District”), pursuant to the provisions of the Property and Business Improvement
District Law of 1994, part 7 of division 18 of the Streets and Highways Code of California
(hereafter referred to as the “Act”), and did order the preparation of a Management District
Plan (hereafter referred to as the “Plan”) and an Engineer’s Report (“hereafter referred to as
the “Report”) for the District; and
WHEREAS, the Plan and Report, which are combined, and which address the
renewal of the District and the establishment of assessments, has been prepared and filed
with the city clerk, presented to the City Council, and incorporated herein by reference, in
accordance with the provisions of the Act and California Constitution article XIII D; and
WHEREAS, the City Council has, by previous resolution, approved the Plan and
Report, which contains a full-and-detailed description of improvements and services, the
boundaries of the District, the estimated costs of improvements and services, and the
proposed assessments upon assessable lots and parcels within the District;
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE
CITY COUNCIL, THE LEGISLATIVE BODY FOR THE DISTRICT, AS FOLLOWS:
Section 1. The above recitals are true and correct.
Section 2. Intention to Renew District: The City Council hereby declares its intention to
renew the District for a period of five years and to levy and collect assessments
within the District, pursuant to the Act, in order to pay for the annual costs of the
services and improvements that are described in the Plan and Report. The City
Council has determined at this time to call for an assessment ballot proceeding.
Section 3. Call for Assessment Ballot Proceeding: The City Council hereby calls for an
assessment ballot proceeding on behalf of the District to authorize the levy of
assessments for a five-year term on the properties within the District, pursuant to
the provisions of California Constitution article XIII D.
Section 4. Assessment Ballot Process: The assessment ballot proceeding to authorize the
levy of assessments within the District will consist of a ballot and a notice that will
be distributed together, by mail, to the property owners of record within the
District as of the close of the intent meeting, in accordance with the provisions of
RESOLUTION NO. 2021-19
2 of 3
section 4 of California Constitution article XIII D and section 54954.6 of the
California Government Code. Each property owner may return the ballot, by
mail or in person, to the city clerk not later than the conclusion of the public
hearing on July 8, 2021. The public hearing will be scheduled to begin on
Thursday, July 8, 2021, at 4:00 p.m., at City Hall (in the City Council
Chambers), 73-510 Fred Waring Drive, Palm Desert. At the close of the public
hearing, the city clerk will authorize Willdan Financial Services to open and count
the ballots in order to determine whether a majority protest exists. The ballots will
be weighted according to the proportional financial obligation of the affected
property. If, upon the conclusion of the hearing, the ballots submitted in
opposition to the assessment exceed the ballots submitted in favor of the
assessment, then a majority protest will be deemed to exist.
Section 5. District Boundaries: The District will consist of all parcels located in the
commercial business area known as the President's Plaza Ill within the City of
Palm Desert, the County of Riverside, and the State of California. The territory
of the proposed District is generally located south of Palm Desert Drive at
Highway 111, north of El Paseo, west of Sage Lane, and east of Old Highway
74. It also includes the Palm Desert Parking Lot, which is a lease parcel to the
City of Palm Desert that is located south of Highway 111, east of New
Highway 74, and west of Old Highway 74, as described in the Plan and
Report, which are incorporated herein by reference. The proposed District will
be designated as the “President’s Plaza III Property and Business
Improvement District.”
Section 6. Description of Services and Improvements: The improvements and activities
within the District include maintenance of parking lot landscaped areas,
maintenance and operation of parking lot lighting facilities, debris removal, and
maintenance of parking lot surface areas. These improvements and activities
are more specifically described in the Plan and Report, which is attached hereto
and incorporated herein by reference.
Section 7. Proposed Assessment Amounts: The proposed assessments and the
assessment range formula are shown, in detail, in the Plan and Report.
Section 8. Notice of Public Hearing: The City Council hereby declares its intention to
conduct a public hearing on the levy of assessments for the District, in
accordance with the provisions of section 4 of California Constitution article XIII
D and section 54954.6 of the California Government Code. Notice is hereby
given that a public hearing on these matters will be scheduled to begin on
Thursday, July 8, 2021, at 4:00 p.m., at City Hall (in the Council Chambers),
which is located at 73-510 Fred Waring Drive, Palm Desert. At the public
hearing, all interested persons will be afforded the opportunity to hear and to be
heard.
RESOLUTION NO. 2021-19
3 of 3
Section 9. Notice of Right to File Written Protest. Property owners will be provided an
assessment ballot and a notice of the public hearing at least 45 days prior to the
public hearing. Completed ballots must be received by the city clerk prior to the
conclusion of the public hearing, after which they will be opened and counted. In
addition to the ballots, District property owners may file a written protest regarding
the District renewal with the city clerk prior to the conclusion of the hearing, or,
having previously filed a protest, may file a written withdrawal of that protest. A
written protest must state all grounds of objection, and a protest by a property
owner must contain a description sufficient to identify the property owned by the
protesting property owner.
Section 10. Direction to City Clerk. The city clerk is hereby authorized and directed to give
notice of this public hearing, as provided by law.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 13th day of May 2021, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
KATHLEEN KELLY, MAYOR
ATTEST:
_____________________________________
M. GLORIA SANCHEZ, ACTING CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
[This page has intentionally been left blank.]
City of Palm Desert
President’s Plaza III Property and
Business Improvement District
MANAGEMENT DISTRICT PLAN AND
ENGINEER’S REPORT
FISCAL YEAR 2021/2022 TO 2025/2026
INTENT MEETING: MAY 13, 2021
PUBLIC HEARING: JULY 8, 2021
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
***.willdan.com
E
VICINEEK�2 ISEbOfSl `dEEIDV/WICINEEK�2 ISEb411
p�vuv� �n �uy ���a�uvea �WULVAtlWb41�M yUl� rj1lElUbCE �V�e�u�:�
b�saiqsu�, bI9S9 III b�saiqsu�,
C!� o� b9�w ps2st.� C!� o�. b91�
bavuv� �n auy �iie�uvee �WIJLV/�b1lJbIJ��A 7U1� �j11E14JbGG �V�e�����
- b�s2igsu� hlsS_s_ Jll - b�s2igsu�
C!f� ol bs�u� ps2s� C!� ol bglu
. . ,. �.... .� ....,. .... ............ .... w. ., . ,..........� ...... ......... .....,. , ....... ....
C!f� ol bs�u� ps2s� C!� ol bglu
�insiziqs Conu�' g�s4s o� Ca�i�oiuis �ins�ziqs Conu�' gi
-� ------_--• -- �in,s�2iqs,nonut� _��sEs o� rs{��o�uis, fcins�2iqs,nonut� _ai � ,-- L_---� ,.---
1Niz �sbou qszcu� psz {us pi2�uc{ euq qs�usz iwbtonswsu�z' psz �Ns pi2�uc� euq qs��pnq8sj suq wsjNoq
1Niz �sbou qszai�
Eo� s qs�si�sq qs�
�u�supou �s�sisu�
SOSJ\SOSS sz lus
(�i� `�?����f1�i�� q�
�u�su�iou �s�sisu�
IN6 C!1� Conucg
piz�uct lus nuqsi
rus ci[� conuar
Dg(e4 (N�2
SSI
Dgleq {N �? _ , --
y22ez2weu{ EuBiu
M!I149u Eiusucis� �
y22s22wsu{ EuBiu
� w�nau i_u uv �isi. �
nu asusu oi Fus r
�,,.
r ��� � � .
6... _�_..__
zbscie� piz�uc� gsi
2�scss �s]�uo�qz' :
r,1 •
gbscie� piztuc{ gsi
B^,, ,-�...���C�
gl�. C'�
b' E' � C 8J 88£
ll��ous be�s�
tiF sr.a�Qac
psz {us piz�uc{ suq qs�usz iwbwnswsu�z' psz {�s pi2�uc{ suq qs��pnqBs{ suq wslNoq
=cuo{iou o� �Ns �wsz suq qiwsuziaue o��uo{iau o� �Ns �wsz s os[cs�z �izpiu �ps
:s i2 Ns�spA wsqs lo jNs �insi2iqs Conups iz Ns�spl� wsqs to 14:A y22sz2o�,z wsbz
J� sxiz�sq st {Ns �iws o� �us bszzs8s o�J� sxiz�sq s� ENs �iws i{Ns �{szo�n{iou o�
�ti�tS�i1��������������'� �'u$�`�,�dz�88z'�'�ti�tS�l1�������N������'� �89��i�'�,`'n°�1��t ��
:s i2 Ns�spA wsqs lo 1ps �ins�2iqs Conups i2 Ns�spJ� wsqs to l�:A y22szzo�,z wsbz
zi8usq �szbsc�n��l� znpwilz �us suc�ozsq �ei8usq �szbsc�n��l� znpusbou sz qi�sc{sq pl�
7q q97� oF ybzr7
� ., q9� OF--� z,s.r rr
r�5� � -- -
>sinicsz
es� � v-�-- �--,
>mtirez.—, ____
II� Ql 1.91W f1626tf
SOSJ Jq qs7� o� y�bz:
SOSJ •�- -�., q97� Ol--, v�.r-
55l - ••
;sinicsz
�� � y-�-- �--,
em tirca._• ____
I[� Ql 1.91W ,f1626Lf
��
- � , . ,�c � � � � •,,,.� ,�,
���
,AIC62 `",nAIC62 `' `b G
gsuio� b�olsc� y�sus8s� � 6UIOL b10�6C( NJ9U9a6L �F���NE bE1,`F,SW
�\Ot E22��� g/
,AIC62 �\,M^C62 ;�\ /
�
�ij...�.,����a�� `��...�.,����a,-� 2"���n�fi�ii'Fl��a
x .
ml C8J888 �
i�.�� /%i�� �� VII\I/. \\\
, * \\
(
t ?
'. _ dy�"�t�r`�"�,.
� z ��
�Il
V �c�����
V ie�����
i
� --- ---
pnq8s� suq ws�Noq
pnq7s� suq ws�Noq
vs[cs�z n�qpiu Tps
:� �/2262201,2 U19b2
, ;�s �szo�n�iou o�
�'si�������n°�iiul ��
J� yzzs22o�,z wsb2
sbou e2 qi�sc�sq pT
���
�/
S
G
�F��pHE bE1��4,s
�OtE22���
\ � c/
b �6'n,. FL4' s
�- �r„�r �k
C 8J 888
�
L/'/ (�II\1/ b
u
/_ .. _ ..... ... \ \�
_ d1��t��\��i,.
��
2021/2022 President’s Plaza III Property and Business Improvement District Page 1
TABLE OF CONTENTS
OVERVIEW .............................................................................................................. 2
Introduction 2
District Renewal Process 3
DESCRIPTION OF THE DISTRICT ................................................................................ 4
District Boundary 4
Improvements and Activities 4
Special Benefits of the Improvements and Activities 5
METHOD OF APPORTIONMENT .................................................................................. 7
Method of Apportionment Rationale 7
Parking Lot Improvements and Services 7
Method of Apportionment Calculations 7
Apportionment of Direct Costs 7
Apportionment of Indirect (Administration/Reserve) Costs 8
Total Annual Assessment 9
Annual Budget Adjustments 9
DESCRIPTION OF BUDGET ITEMS (TABLE 4) ............................................................ 10
Direct Benefit Costs 10
Indirect Benefit Costs (Administration/Reserves) 10
Levy Breakdown 11
District Statistics 11
District Budget 12
APPENDIX A —ASSESSMENT DIAGRAM ................................................................... 14
APPENDIX B —ASSESSMENT ROLL ......................................................................... 16
2021/2022 President’s Plaza III Property and Business Improvement District Page 2
Overview
Introduction
The City of Palm Desert (“City”) formed and established the President’s Plaza III
Property and Business Improvement Assessment District (“District”) beginning in
Fiscal Year 2001/2002 to provide improvements and activities that confer special
benefits upon real property within the boundaries of the District. The District was
established and levied pursuant to Property and Business Improvement District
Law of 1994, Part 7 of Division 18 of the California Streets and Highways Code
(“Act”). Pursuant to the Act, property owners within the District submitted a signed
petition requesting formation of the District. The District was successfully formed
for a term of five years and a maximum assessment was approved by the property
owners through an assessment ballot proceeding, conducted according to
provisions of the California Constitution Article XIIID (“Proposition 218”). Fiscal
Year 2005/2006 was the fifth year of the term of the District. Under the provisions
of the Act, the property owners within the District may renew the District for a
maximum term of ten (10) years. Pursuant to the Code, and the provision of the
California Constitution, the property owners within the District approved the
continuation of the District and assessment for an additional five years and on June
14th, 2016 the City authorized the funding for improvements and activities
authorized within the District for a period of five years (Fiscal Years 2016/2017
through 2020/2021). It is the City’s desire to renew the District for an additional
five-year period starting Fiscal Year 2021/2022 through Fiscal Year 2025/2026.
This combined Management District Plan and Engineer’s Report hereinafter
referred to as “Plan” or “Report”, is presented for consideration by the property
owners within the area known and commonly referred to as President’s Plaza, to
seek their support for the organization of a business improvement district in
accordance with the provisions of the Property and Business Improvement District
Law of 1994, Streets and Highways Code Section 36600 et. seq., hereinafter
referred to as the “Act.” This is the Management District Plan required by Section
36622 of the Act, for the proposed renewal of the President’s Plaza III Property
and Business Improvement District hereinafter referred to as “District” or “PBID
III”, to fund services and activities to improve and convey special benefits to
properties located within the boundaries of the District.
This Report describes the District, improvements and activities, method of
apportionment, the proposed assessments for the current fiscal year, and the
maximum assessment proposed for the five-year duration of the renewed District.
The proposed assessments are based on the estimated cost to provide the
improvements, activities, and operations that provide a direct and special benefit
to properties within the District. The costs of improvements, activities, and
operations include all expenditures, deficits, surpluses, revenues, and reserves.
2021/2022 President’s Plaza III Property and Business Improvement District Page 3
The word “property,” for the purposes of this Plan, refers to real property situated
within the District, and identified as an individual property or parcel assigned its
own Assessor’s Parcel Number (APN) by the County of Riverside Assessor’s
Office. The County of Riverside Auditor/Controller uses APNs to identify on the tax
roll parcels and properties assessed for taxes, special assessments, and fees and
charges.
District Renewal Process
A written petition of the property owners within the District, representing more than
50 percent of the proposed assessment to be levied was submitted to the Palm
Desert City Council to initiate renewal proceedings. The City Council initiated
proceedings for the renewal of the District by adopting a resolution expressing its
intention to renew the District. The resolution of intention referenced the Engineer’s
Report and the Management District Plan and noticed the time and place of a
public hearing on the renewal of the District and levy of assessments.
The City Council is required to hold a public hearing not less than forty-five (45)
days after adopting the resolution of intention. Property Owners are sent notice of
a public hearing on the matter of the renewal, pursuant to Section 54954.6 of the
Government Code. Public notices and assessment ballots (property owner protest
ballots) are mailed to each property owner at least 45 days prior to the public
hearing pursuant to Article XIIID of the California Constitution.
At the public hearing the City Council provides the public and property owners with
an opportunity to provide oral protests and written protests prior to the adoption of
the Engineer’s Report and the Management District Plan. Pursuant to the
California Constitution Article XIIID, the City Clerk or its designated alternate
tabulates the property owner assessment ballots received from property owners
and determines that majority protest did or did not exist.
If the property owners approve the renewal of the District and imposition of the
assessments, the City Council can appoint an owner’s association for the District.
The owner’s association can make yearly recommendations to the City Council on
the expenditures of revenue derived from the levy of assessments and on the
classification of properties as applicable. The owner’s association can prepare a
report each fiscal year for which assessments are to be levied and collected. Said
annual report shall be filed with the City Clerk and shall contain: any proposed
changes to the district boundary; the improvements and activities to be provided
that year; the estimated costs for that year; the method of assessment; the amount
of any surplus or deficit; and contributions from other sources. The City Council
may approve the report as submitted or as modified.
2021/2022 President’s Plaza III Property and Business Improvement District Page 4
Description of the District
District Boundary
The District consists of all parcels located in the commercial business area known
as the President’s Plaza III within the City of Palm Desert, County of Riverside.
The District includes sixteen (16) assessed commercial parcels.
The boundary of the District and the parcels therein are generally located South of
Palm Desert Drive at Highway 111; North of El Paseo; West of Sage Lane; and
East of Old Highway 74 and includes the Palm Desert Parking Lot – a lease parcel
to the City of Palm Desert located South of Highway 111; East of New Highway
74; and West of Old Highway 74.
Improvements and Activities
In an effort to enhance and improve business opportunities and the appearance of
the area known as the President’s Plaza III, the Agency provided funds for the
renovation and capital improvement of the parking lot and landscaped areas
related to this commercial business center. In conjunction with this renovation,
President’s Plaza III Property and Business Improvement District was initially
formed in 2001 and every subsequent five-year period after the date of formation
to provide and ensure the continued operation and maintenance of the
improvements after the renovations had been completed. It has been determined
that all the properties within the District receive special and distinct benefits from
the improvements and activities to be funded through the assessments. The
improvements include the necessary activities, services, operations,
administration, and maintenance required to keep the improvements in satisfactory
condition including all necessary labor, material, and equipment. The services may
include, but are not limited to, regular maintenance, repair, removal or replacement
of all or any part of the improvements including removal of trimmings, rubbish,
debris and other solid waste; and, providing for the growth, health and beauty of
landscaping and lighting including cultivation, trimming, spraying, fertilizing or
treating for disease or damage as well as supplying necessary irrigation and
electrical energy. The specific improvements and activities include:
Parking lot landscaped areas: including, but not limited to, ground
cover, shrubs, trees, plants, irrigation and drainage systems and
associated appurtenant facilities;
Parking lot lighting facilities: including, but not limited to, bulbs,
fixtures, poles, wiring, and electrical energy; and,
Debris removal: including, but not limited to, regular mechanical
sweeping of the parking lot.
2021/2022 President’s Plaza III Property and Business Improvement District Page 5
The costs associated with the improvements are equitably spread among the
benefiting parcels within the District utilizing the method of apportionment
described in the Method of Apportionment section of this Report. The total funds
collected shall be dispersed and used for the services and operations provided to
the District.
Special Benefits of the Improvements and
Activities
Assessed properties within the District receive special benefits from one or more
of the improvements and activities funded through the District assessments.
Specifically, lighting and landscaping amenities within the parking lot, and regular
sweeping of the parking lot.
The special benefits of lighting (parking lot lights) are the convenience, safety, and
security of property, improvements, and goods. Specifically:
1. Enhanced deterrence of crime and the aid to police protection;
2. Increased nighttime safety for patrons and employees;
3. Improved visibility for pedestrians and motorists;
4. Improved ingress and egress to property;
5. Reduced vandalism and other criminal acts and damage to
improvements or property;
6. Enhanced aesthetic appeal of the parking area and the properties that
are associated with the parking area;
7. Increased promotion of business activities and opportunities during
nighttime hours; and,
8. The special enhancement to the value of property, which results from
the above benefits.
The benefits associated with landscaped islands and medians within the parking
lot are specifically:
1. Improved aesthetic appeal of the parking area and nearby parcels;
2. Improved dust control;
3. Enhanced adaptation of the urban environment within the natural
environment;
4. Improved traffic circulation;
5. A positive representation of the businesses within the District;
6. Centralized locations for refuse collection facilities; and,
2021/2022 President’s Plaza III Property and Business Improvement District Page 6
7. The special enhancement to the value of property, which results from
the above benefits.
Parking lot sweeping is an essential and necessary activity for all properties—
particularly commercial properties. This improvement is funded through the
assessments solely for the special benefit of properties within the District. The
benefits associated with this service are:
1. Enhanced aesthetic appeal of the parking area and the properties that
are associated with the parking area;
2. Improved dust control;
3. The special enhancement to the value of property, which results from
the above benefits.
The on-going operation and maintenance of the landscaping, lighting and
sweeping improvements provide no measurable general benefit to other properties
outside the District or to the public at large. Therefore, these improvements and
the corresponding assessments have been identified as 100% special benefit to
parcels within the District.
2021/2022 President’s Plaza III Property and Business Improvement District Page 7
Method of Apportionment
Method of Apportionment Rationale
The costs of the District improvements have each been apportioned by a formula
and method, which fairly distributes the net amount to be assessed among all
assessed parcels in proportion to the estimated special benefits to be received by
each parcel from the improvements.
Parking Lot Improvements and Services
All assessed parcels within the President’s Plaza III PBID have use of, and access
to, a centralized parking facility (lot) that provides access, parking, and delivery
areas for the businesses and parcels within the District. Because the parking area
is a centralized facility used and accessed by all properties within the District, each
parcel’s benefit is based on the size of such parcel. Therefore, it has been
determined that a fair and reasonable reflection of each parcel’s benefit for the
parking lot improvements shall be based on the approximate size, in square feet,
of each parcel.
Method of Apportionment Calculations
The Total Direct Costs of the parking lot improvements and services are
apportioned to each parcel within the District based on each parcel’s lot size in
square feet. In addition to a parcel’s Total Direct Cost, each parcel is assessed for
District administration expenses and a reserve fund collection (Indirect Costs). The
Indirect Costs for each parcel have been apportioned in the same manner as Total
Direct Costs. Therefore, each parcel’s Total Annual Assessment is the sum of its
proportionate share of the Total Direct Costs and Total Indirect Costs.
Apportionment of Direct Costs
The Total Direct Costs estimated for parking lot improvements and services
(maintenance) are based on the estimated annual costs to maintain the
landscaping, lighting, and mechanical sweeping of the parking lot within
President’s Plaza III. The Total Direct Costs are divided by the sum of the square
footage of all parcels within the District in order to establish a rate per parcel square
foot. This rate multiplied by each parcel’s square footage equals the parcel’s
proportionate share of the parking lot maintenance costs (rounded to the nearest
even penny). The rate provided in Table 1 is for Fiscal Year 2021/2022 only.
Please refer to the District Budget (Table 4) for future assessment rates.
Total Direct Cost / Total Square Footage = Rate per Square Foot
Rate x Parcel Square Footage = Direct Cost Assessment Component
2021/2022 President’s Plaza III Property and Business Improvement District Page 8
Table 1: Direct Cost Proposed Assessment and Rate
Proposed
Direct Costs for
FY 2021-2022
Proposed Rate
(per Square Foot)
for FY 2021-2022
Fifth Fiscal Year Maximum $31,783 $0.0700
Apportionment of Indirect (Administration/Reserve) Costs
To ensure the improvements, activities, and services provided and funded through
the District are continued, each parcel will be assessed for administrative and
reserve costs (Indirect Costs). These Indirect Costs include all expenses related
to the administration of the District as well as the collection of money towards a
Reserve Fund. The Reserve Fund Collection is proposed to be slightly under
twenty-three percent (22.65%) of the annual Total Direct Costs of the District.
Similar to the method of apportionment for Total Direct Costs, the District’s indirect
costs are apportioned to each parcel based on each parcel’s lot size in square feet.
The rate provided in Table 2 is for Fiscal Year 2021/2022 only. Please refer to the
District Budget (Table 4) for future assessment rates.
Total Indirect Cost / Total Square Footage = Rate per Square Foot
Rate x Parcel Square Footage = Indirect Cost Assessment
Component
Table 2: Indirect Cost Proposed Assessment and Rate
Proposed
Indirect Costs
for FY 2021-2022
Proposed Rate
(per Square Foot)
for FY 2021-2022
Fifth Fiscal Year Maximum $15,091 $0.0332
2021/2022 President’s Plaza III Property and Business Improvement District Page 9
Total Annual Assessment
Each parcel’s Total Annual Assessment is the sum of their proportionate share of
the Direct Costs and Indirect Costs. The preceding description of the method of
apportionment outlines the estimated cost and rates applied for the District in
Fiscal Year 2021/2022. The rate provided in Table 3 is for Fiscal Year 2021/2022
only. Please refer to the District Budget (Table 4) for future assessment rates.
Direct Cost Rate + Indirect Cost Rate = Total Rate per Square Foot
Total Rate x Parcel Square Footage = Total Parcel Assessment
Table 3: Total Cost Proposed Assessment and Rate
Fifth Fiscal Year
Proposed Direct
Costs for
FY 2021-2022
Proposed Rate
(per Square Foot)
for FY 2021-2022
Direct Costs Maximum $31,783 $0.0700
Indirect Costs $15,091 $0.0332
Total Costs Maximum $46,874 $0.1032
Annual Budget Adjustments
For the five years of the term of the PBID III renewal, annual assessments may be
adjusted by the President’s Plaza III PBID owners’ association up to three percent
(3%) per year. Actual annual adjustments may range from zero percent (0%) to
three percent (3%). Adjustments may differ from year to year depending on the
service needs identified by the owners’ association. In any event, assessments will
not exceed the levels illustrated by the District Budget (Table 4).
Any annual budget surplus or deficit will be accrued into the following year’s PBID
budget. Assessments will be set accordingly, within the constraints of the annual
adjustment, to adjust for surpluses or deficits that are carried forward.
2021/2022 President’s Plaza III Property and Business Improvement District Page 10
Description of Budget Items (Table 4)
Direct Benefit Costs
Sweeping Services: Weekly cleaning of the parking lot and gutters using a
contracted, mechanized service.
Landscape Contract Maintenance: Includes all regularly scheduled labor,
material (e.g. pipe, fertilizer, insecticides), and equipment required to properly
maintain and ensure the satisfactory condition of all landscaping, irrigation and
drainage systems, and appurtenant facilities. All landscaping improvements within
the District are contracted for maintenance and service on a regular basis. The
frequency and specific maintenance and operations required within the District will
be determined by City staff.
Lighting Repair and Maintenance: This item includes repairs that are not
normally included in the yearly maintenance contract costs. This may include
repair of damaged amenities due to vandalism and storms, as well as planned
upgrades, which could include replacing lighting materials or renovation of lighting
systems.
Landscape Repair and Maintenance: This item includes repairs that are not
normally included in the yearly maintenance contract costs. This may include
repair of damaged amenities due to vandalism and storms, as well as planned
upgrades, which could include replacing plant materials or renovation of irrigation
systems.
Landscape Utilities -Water: Utility cost to furnish water for required landscape
irrigation.
Street Lighting Utilities - Electric: The furnishing of electricity required for the
operation and maintenance of the lighting facilities. The City contracts for the
furnishing of its electricity for street lighting, which includes normal maintenance
and bulb replacement. This cost does not include repairs or replacement of
damaged facilities due to vandalism, accidents or storms.
Landscape Utilities - Electric: Utility cost for furnishing of electricity required for
the operation of the irrigation systems and landscape maintenance.
Indirect Benefit Costs (Administration/Reserves)
District Administration: The cost to all departments and staff of the City, for
providing the coordination of District services, operations and maintenance of the
District, response to public concerns and education, and procedures associated
with the levy and collection of assessments. This cost also includes contracting
with professionals to provide additional administrative, legal, or engineering
services specific to the District.
2021/2022 President’s Plaza III Property and Business Improvement District Page 11
County Administration Fee: This is the actual cost to the District for the County
to collect District assessments on the property tax bills. This charge is based on a
flat rate per fund number.
County Per Parcel Fee: This is the cost to the District for the County to collect
assessments on the property tax bills. This charge is on a per assessment basis,
at $0.45 per assessment, and is in addition to the County Administration Fee.
Operating Reserve Fund Collection: The Operating Reserve Fund provides for
collection of funds to operate the District, for each fiscal year, from the time period
of July 1 through January when the County provides the City with the first
installment of assessments collected from the property tax bills. The Operating
Reserve Fund eliminates the need for the City to transfer funds from non-District
accounts to pay for District charges during the first half of each fiscal year. The
Operating Reserve Fund may also be used to offset any unforeseen costs such as
repairs, legal fees, revenue deficits, or increased costs due to inflation or
contractual agreements that are greater than originally planned. The Operating
Reserve Fund Collection amount is slightly more than three percent (3.15%) of the
annual Total Direct Costs of the District in Fiscal Year 2021/2022.
Parking Lot Maintenance Fund Collection: The Parking Lot Maintenance Fund
provides funds for the sealing and re-striping of the parking lot after the fourth year
of the renewal term of the District. The parking lot’s total surface area is
approximately 184,000 square feet. During December 2005, the District’s cost of
sealing and re-striping the parking lot was $27,200 (15.5 cents per square foot
multiplied by 175,520 square feet of surface area) and the cost of repairs within
the parking lot was $24,300 (for 8,500 square feet of surface area); for a total cost
of $51,500. The cost of sealing and re-striping the parking lot’s total surface area
of 184,000 square feet would have been approximately $28,520 (15.5 cents per
square foot multiplied by 184,000 square feet of surface area).
Insurance: This line item supports insurance costs for the operation of the District.
Levy Breakdown
Total District Costs: This is the sum total of all budgeted Direct and Indirect costs.
District Statistics
Total Parcels: The total number of parcels within the District.
Total Parcels to Levy: The total number of parcels within the District that will be
assessed. Non-assessed lots or parcels include easements, common areas, and
parcels within the boundaries of the District that currently do not benefit from the
improvements and which are not included in the Total Parcels to Levy.
Total Parcels Square Footage: This is the sum total of the assessed parcels’
square footage applied to each assessed parcel within the District.
2021/2022 President’s Plaza III Property and Business Improvement District Page 12
Levy Rate per Direct Costs per Square Foot: This amount represents the Rate
for Direct Costs being applied to each assessed parcel’s individual lot square
footage. The Levy Rate per Direct Costs is the result of dividing the estimated Total
Direct Costs for that year by the sum of the District’s Total Parcels Square Footage.
The rate is calculated to four decimal places.
Levy Rate per Indirect Costs per Square Foot: This amount represents the Rate
for Indirect Costs being applied to each assessed parcel’s individual lot square
footage. The Levy Rate per Indirect Costs is the result of dividing the estimated
Total Indirect Costs for that year by the sum of the District’s Total Parcels Square
Footage. The rate is calculated to four decimal places.
Total Levy Rate per Square Foot: This amount represents the Rate being applied
to each assessed parcel’s individual lot square footage. The Levy Rate per Square
Foot is the result of dividing the estimated Total District Costs for that year by the
sum of the District’s Total Parcel Square Footage. The rate is calculated to four
decimal places.
District Budget
The District Budget shown on the following table (Table 4), lists the estimated
costs of providing the various improvements and services within the District. The
costs and the resulting rates for Fiscal Year 2021/2022 through Fiscal Year
2025/2026 are based on the estimated costs to provide the improvements and
services for each year. Direct Costs, District and County Administration Costs, and
Insurance Costs are adjusted for the three percent (3%) inflation factor.
The owners’ association, appointed by the City Council, will annually review the
District Costs and make recommendations for any changes or adjustments to the
budget. Changes to the budget could result in changes to the annual assessment,
but the resulting total assessment may not exceed the maximum rates established
in this Report without first obtaining property owner approval through assessment
ballots.
2021/2022 President’s Plaza III Property and Business Improvement District Page 13
2021/2022 President’s Plaza III Property and Business Improvement District Page 14
Appendix A —Assessment Diagram
The Assessment Diagram for the District is on the following page and is inclusive
of all parcels identified on the County of Riverside Assessor’s Parcel Maps as Book
627, Page 192. The Assessment Diagram will be kept on file with the City Clerk of
the City of Palm Desert.
2021/2022 President’s Plaza III Property and Business Improvement District Page 15
2021/2022 President’s Plaza III Property and Business Improvement District Page 16
Appendix B —Assessment Roll
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown
on the County Assessor’s Map for the year in which this Report is prepared.
The Assessment Roll, which includes a listing of parcels assessed within this District,
along with their assessment amounts, is shown in Table 5.
President’s Plaza III PBID Formation
Commencing Fiscal Year 2021/2022
Property Owner Petition
The undersigned persons, owners of real property within the boundaries of the proposed
President’s Plaza Property and Business Improvement District, hereby petition the City
Council of the City of Palm Desert for the organization of said District in accordance with
the provisions of the Property and Business Improvement District Law of 1994, an Act to
add Part 7 (commencing with Section 36600) to Division 18 of the Streets and Highways
Code and Article XIII D of the California Constitution.
In support of this petition, petitioners state:
The name of the district shall remain President’s Plaza Property and Business
Improvement District (PBID).
The Management District Plan is on file with the Office of the City Clerk of the City
of Palm Desert and a copy may be requested from the Office of the City Clerk.
The improvements and activities to be provided by the President’s Plaza PBID are not
intended to duplicate or supplant the services, facilities and improvements provided
by the City of Palm Desert within the District boundaries. The President’s Plaza PBID
is being established to provide enhanced or otherwise unavailable services, facilities
and improvements within the boundaries of said PBID, which include:
• Parking lot landscaped areas: including, but not limited to, ground cover,
shrubs, trees, plants, irrigation and drainage systems and associated
appurtenant facilities;
• Parking lot lighting facilities: including, but not limited to, bulbs, fixtures, poles,
wiring, and electrical energy; and,
• Debris removal: including, but not limited to, regular mechanical sweeping of
the parking lot.
Petitioners respectfully request that the City Council of the City of Palm Desert initiate
proceedings to renew the President’s Plaza PBID by adoption of a Resolution of Intention
to renew the district.
Petitioners further state that this petition is signed by persons owning real property, or
otherwise authorized to sign for owners of real property within the boundaries of the
proposed district.
Signatures
The Name of the District Shall Be: President’s Plaza Property and Business Improvement
District
Property held in the name of
Legal Owner, if different than above
Property address
Mailing Address
Assessor parcel number(s)
Authorized signature
Printed name
Property held in the name of
Legal Owner, if different than above
Property address
Mailing Address
Assessor parcel number(s)
Authorized signature
Printed name
Property held in the name of
Legal Owner, if different than above
Property address
Mailing Address
Assessor parcel number(s)
Authorized signature
Printed name
Signatures
The Name of the District Shall Be: President’s Plaza Property and Business Improvement
District
Property held in the name of
Legal Owner, if different than above
Property address
Mailing Address
Assessor parcel number(s)
Authorized signature
Printed name
Property held in the name of
Legal Owner, if different than above
Property address
Mailing Address
Assessor parcel number(s)
Authorized signature
Printed name
Property held in the name of
Legal Owner, if different than above
Property address
Mailing Address
Assessor parcel number(s)
Authorized signature
Printed name
Signatures
The Name of the District Shall Be: President’s Plaza Property and Business Improvement
District
Property held in the name of
Legal Owner, if different than above
Property address
Mailing Address
Assessor parcel number(s)
Authorized signature
Printed name
Property held in the name of
Legal Owner, if different than above
Property address
Mailing Address
Assessor parcel number(s)
Authorized signature
Printed name
Property held in the name of
Legal Owner, if different than above
Property address
Mailing Address
Assessor parcel number(s)
Authorized signature
Printed name
Signatures
The Name of the District Shall Be: President’s Plaza Property and Business Improvement
District
Property held in the name of
Legal Owner, if different than above
Property address
Mailing Address
Assessor parcel number(s)
Authorized signature
Printed name
Property held in the name of
Legal Owner, if different than above
Property address
Mailing Address
Assessor parcel number(s)
Authorized signature
Printed name
Property held in the name of
Legal Owner, if different than above
Property address
Mailing Address
Assessor parcel number(s)
Authorized signature
Printed name
Signatures
The Name of the District Shall Be: President’s Plaza Property and Business
Improvement District
Property held in the name of
Legal Owner, if different than above
Property address
Mailing Address
Assessor parcel number(s)
Authorized signature
Printed name
Property held in the name of
Legal Owner, if different than above
Property address
Mailing Address
Assessor parcel number(s)
Authorized signature
Printed name
Property held in the name of
Legal Owner, if different than above
Property address
Mailing Address
Assessor parcel number(s)
Authorized signature
Printed name
Signatures
The Name of the District Shall Be: President’s Plaza Property and Business
Improvement District
Property held in the name of
Legal Owner, if different than above
Property address
Mailing Address
Assessor parcel number(s)
Authorized signature
Printed name
[This page has intentionally been left blank.]
2021/2022 President’s Plaza III Property and Business Improvement District