HomeMy WebLinkAboutRes 2016-50 and 51 - FY 2016-17 - Presidents Plaza ICITY OF PALM DESERT
OFFICE OF THE CITY TREASURER
STAFF REPORT
REQUEST: APPROVE THE MANAGEMENT DISTRICT PLAN FOR, AND ORDER
THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN, THE
PRESIDENT'S PLAZA I PROPERTY AND BUSINESS IMPROVEMENT
DISTRICT FOR FISCAL YEAR 2016-2017.
SUBMITTED BY: Thomas J. Metz, Deputy City Treasurer
CONTRACTOR: Willdan Financial Services
DATE: June 9, 2016
CONTENTS: Resolution No. 2016- 50
Resolution No. 2016- 51
Management District Plan for Fiscal Year 2016-2017
Recommendation
Waive further reading and adopt:
Resolution No. 2016- 50 . approving the President's Plaza I Property
and Business Improvement District Management District Plan for Fiscal Year
2016-2017.
2. Resolution No. 2016- 51 , ordering the levy and collection of
assessments within the President's Plaza I Property and Business
Improvement District for Fiscal Year 2016-2017.
Strategic Plan Obiective
Not Applicable.
Background
The President's Plaza I Property and Business Improvement District ("PP I") was original formed
in Fiscal Year 1998-1999 for a five-year term. A majority of property owners subsequently voted
to renew PP I for three additional five-year terms, the current one being from Fiscal Years 2015-
2016 to 2019-2020. PP I is entering into its second year of that term. PP I includes properties
that are located on the south side of Highway 111, and on the north side of El Paseo, between
Portola and Larkspur Lane.
Staff Report
for President's Plaza I
June 9, 2016
Page 2of2
The City collects annual assessments to pay for services such as landscape maintenance;
street sweeping; and parking lot lighting within the common parking lot areas.
The only modification to the budget will be the allowed three percent (3%) cost -of -living
adjustments that were built into the five-year plan which the property owners approved.
The attached resolutions will approve next fiscal year's Management District Plan, and allow the
City to levy and collect the annual assessments within PP I for Fiscal Year 2016-2017.
Staff recommends approval of both resolutions.
Fiscal Analvsis
The assessment and collection of the full levy amount will finance both ongoing maintenance of
PP I, and associated staff costs, reliving the City of any financial burden.
Submitted By:
V 1,0"1'Y% 4 Mt
Thomas J. Me
Deputy City Treasurer
Approved By:
G
k1stik McCarthy
nteri City Manager
tj m
Attachments (as noted)
Reviewed By:
J net . Moore
Dkect& of Finance & City Treasurer
HAMORD 200AL&L DISTRICTS\PUBLIC HEARINGTY 2017 PP I MGMT PLAN.doc
27368 Via lrndustha
Suite 200
Temecula, CA 92590
T 951,587.3500 1 800.755.6864
F 951.587.3510
www.wiIIdan.comlf i nancial
TABLE OF CONTENTS
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Financial Services
OVERVIEW............................................................................................ 1
Introduction 1
Renewal/Formation 2
DESCRIPTION OF THE DISTRICT.............................................................. 3
District Boundary 3
Improvements and Activities 3
Special Benefits of the Improvements and Activities 4
METHOD OF APPORTIONMENT................................................................ 7
Method of Apportionment Rationale
7
Parking Lot Improvements and Services
7
Solid Waste (Refuse) Collection Services
7
Method of Apportionment Calculations
10
Apportionment of Direct Costs
11
Apportionment of Indirect Costs
12
Total Annual Assessment
13
Annual Budget Adjustments
13
DESCRIPTION OF BUDGET ITEMS.......................................................... 14
Direct Benefit Costs
14
Indirect Benefit Costs
15
Levy Breakdown
15
District Statistics
16
District Budget
17
APPENDIX A — ASSESSMENT DIAGRAM...............................................A-1
APPENDIX B — PARCEL LEVY INFORMATION .......................................... B-1
APPENDIX C —ASSESSMENT ROLL.....................................................C-1
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Overview
Introduction
The City of Palm Desert ("City") formed and established the President's Plaza
Property and Business Improvement Assessment District ("District") beginning in
Fiscal Year 1998/1999 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
(the Act). Pursuant to the Act, property owners within the District submitted a
signed petition requesting formation of the District. For each term, 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").The District was successfully formed for a term of
five years ending in Fiscal Year 2002/2003 and successfully renewed in Fiscal
Year 2003/2004 for a term of five years ending in Fiscal Year 2007/2008. Under
the provisions of the Act, the property owners within the District may renew the
District for a maximum term of ten (10) years. The District then needs to be
formed again and the process is the same as that of the original formation. The
District was successfully Re-formed in Fiscal Year 2015/2016 for a term of five
years ending in Fiscal Year 2019/2020. Fiscal Year 2019/2020 is the last year of
the term of the currently existing District. Pursuant to the Act, the City proposes
to annually levy and collect assessments to provide funding for improvements
and activities authorized within the District for a period of five years (Fiscal Years
2015/2016 through 2019/2020).
This Management District Plan ("Plan") 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 re-formed 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.
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.
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Renewal
Pursuant to the Code, the renewal of the District requires similar proceedings to
that of the initial District formation. A written petition of the property owners within
the District, representing more than 50 percent (50%) of the proposed
assessment to be levied was submitted to the Palm Desert City Council. The City
Council initiated proceedings for the formation of the District by adopting a
resolution expressing its intention to form the District. The resolution of intention
contained the Management District Plan and the time and place of a public
hearing on the establishment of the District and levy of assessments.
Within 90 days of adopting the resolution of intention, the City Council held a
public hearing on the matter, and caused notice to the property owners pursuant
to Section 54954.6 of the Government Code. Assessment ballots (property
owner protest ballots) were mailed to each property owner at least 45 days prior
to the public hearing pursuant to the California Constitution. Pursuant to the
Code, the City Council also caused the publication of the resolution of intention in
a newspaper of general circulation; mailed the resolution of intention by first-
class mail to each property owner in the District and to each local chamber of
commerce and business organization located within the District.
At the public hearing the City Council provided the public and property owners an
opportunity to provide oral protests and written protests prior to the adoption of
the Management District Plan. Pursuant to the California Constitution, the City
Council tabulated property owner assessment ballots received from property
owners to determine whether a majority protest existed. It was determined and
declared by resolution that majority protest did not exist and the property owners
confirmed and approved the assessments.
Pursuant to the Code, the City Council appointed an Advisory Board for the
District. This Advisory Board shall 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. At least one member of the
Advisory Board shall be a business licensee within the District who is not a
property owner within the District. This Advisory Board shall cause to be
prepared a plan each fiscal year for which assessments are to be levied and
collected. Said annual plan 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 plan as submitted or as modified.
There are no proposed changes in this plan.
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Description of the District
District Boundary
The District consists of all parcels located in the commercial business area
known as the President's Plaza within the City of Palm Desert, County of
Riverside. The District includes forty-two (42) assessed commercial parcels and
three (3) non-contiguous and non -assessed parking lot parcels and one (1) non -
assessed easement/walkway parcel.
The boundary of the District and the parcels therein are located South of Palm
Desert Drive at Highway 111; North of El Paseo; West of Portola Avenue; and
East of Larkspur Lane. President's Plaza is commonly referred to as President's
Plaza East (the area east of San Luis Rey Avenue); and President's Plaza West
(the area west of San Luis Rey Avenue) located within the boundaries of the
District.
Improvements and Activities
In an effort to enhance and improve business opportunities and the appearance
of the area known as the President's Plaza, the City 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 Property and Business Improvement District was formed in
1998 to provide and ensure the continued maintenance of the improvements
after the renovations had been completed. In 2015, the property owners renewed
the District for a five (5) year term and the assessments that are levied continue
to provide funding for this maintenance. The assessments generated will
continue to provide the necessary revenue for the maintenance, and an increase
in assessment will be added effective fiscal year 2010/2011 based on anticipated
increases in costs for the District's activities and for parking lot maintenance.
It has been determined that the properties within the District and the businesses
associated with those properties receive special and distinct benefits from the
improvements and activities to be funded through the assessments. The
improvements include the necessary activities, services, operation,
administration, and maintenance required to keep the improvements in
satisfactory condition including 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 patching of asphalt,
slurry sealing, and striping of the parking lot areas; removal of trimmings,
rubbish, debris and other solid waste; the cleaning, sandblasting, and repainting
of walls and other improvements to remove or cover graffiti; 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
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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;
• Debris removal: including, but not limited to: solid waste containers,
refuse collection services, and regular mechanical sweeping of the
parking lot; and,
• Parking Lot Maintenance: including, but not limited to, patching of
asphalt, slurry sealing, and parking lot striping required to properly
maintain and ensure the satisfactory condition of the parking lots and
appurtenant facilities.
The costs associated with the improvements are equitably spread among all
benefiting parcels within the District utilizing the method of apportionment
described in the Method of Apportionment section of this Plan. The total funds
collected shall be dispersed and used for only the services and operations
provided to the District.
Special Benefits of the Improvements and
Activities
All 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
lots, regular sweeping and maintenance of the parking lots, and refuse collection
services and facilities.
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 areas and the properties that
are associated with the parking areas;
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7. Increased promotion of business activities and opportunities during
nighttime hours; and,
8. The special economic enhancement to the properties and their ability
to attract and sustain business and commercial activity as a result of
the benefits identified above.
The benefits associated with landscaped islands and medians within the parking
lots are specifically:
1. Improved aesthetic appeal of the parking areas 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,
7. The special economic enhancement to the properties and their ability
to attract and sustain business and commercial activity as a result of
the benefits identified above.
Debris removal (parking lot sweeping) and refuse collection are essential and
necessary activities for all properties —particularly commercial properties. These
activities and services are proposed to be funded through the assessments
solely for the special benefit of properties within the District. The benefits
associated with these services are:
1. Enhanced aesthetic appeal of the parking areas and the properties that
are associated with the parking areas;
2. Improved dust control;
3. A positive representation of the businesses within the District; and
4. A centralized location of refuse collection facilities and availability of
the service that would otherwise require individual facilities that could
be cost prohibitive and physically restrictive.
Parking lot maintenance is an essential and necessary activity for all properties,
and in particular, for 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. Increased safety to automobile, truck and pedestrian traffic within the
parking areas and to the properties that are associated with the
parking areas;
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2. Improved traffic circulation within the parking areas;
3. Enhanced aesthetic appeal of the parking areas and the properties that
are associated with the parking areas;
4. Improved dust control;
5. The special economic enhancement to the properties and their ability
to attract and sustain business and commercial activity as a result of
the benefits identified above.
The on -going operation and maintenance of the landscaping, lighting, sweeping
and refuse collection services, and parking lot areas provide no measurable
general benefit to other properties outside the boundaries of the District, or to the
public at large. Therefore, these improvements and the corresponding
assessments have been identified as providing 100% special benefit to parcels
within the District.
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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
Assessed parcels within President's Plaza are adjacent to centralized parking
facilities (lots) that provide access, parking, and delivery areas for the businesses
and parcels within the District. Each parcel derives special benefit from the
parking lot improvements and the services and activities necessary to maintain
the parking lot. The improvements and activities include maintenance of several
landscaped islands and medians, maintenance and operation of lighting facilities,
parking lot maintenance, and sweeping services. Each assessed parcel within
the District receives a direct and special benefit from these improvements and
will share proportionately in the cost of maintaining the parking lots. The parking
areas consists of the three parcels that are entirely parking lot area and portions
of many of the assessed parcels within the District. The three parcels that are
entirely parking lot area parcels (627-212-016; 627-221-011; and 627-222-043),
and one easement/walkway parcel (627-222-042) receive no special benefit from
the improvements and will not be assessed.
In determining the method of apportionment for these improvements, each
parcel's benefit is based on the parking area adjacent to, and associated with,
each 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 front footage adjacent to the parking areas. Most parcels
within the District front the parking lots on only one side. To ensure a reasonable
and equitable apportionment of special benefit, parcels that front the parking lot
on more than one side (corner properties), are only assessed for their front
footage along the side of their property adjacent to the parking lot.
Solid Waste (Refuse) Collection Services
Establishing separate refuse receptacles for each parcel or business within
President's Plaza, and thereby allowing for separate charges and agreements for
this service, is not practical due to limited space and accessibility. Therefore,
several common refuse containers have been placed within the parking lot area
for use by all the properties and businesses, and patrons of these businesses,
within the District. Historically, all developed properties within President's Plaza
have shared proportionately in the costs associated with refuse collection based
on the building square footage of the structures on each parcel.
In determining the method of apportionment for refuse collection services, the
possibility of factoring in business types as well as building square footage was
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considered. However, the inclusion of business types in the calculation of an
annual assessment poses several problems. First, many of the parcels assessed
include multiple business types, which could require a complex calculation to
identify potential use of the service. Second, businesses often change from year
to year or even month to month, making specific business related assessments
difficult to track and time-consuming and expensive to administer. Third,
establishing a method of apportionment that is business -specific rather than
parcel -specific would likely result in annual changes for each parcel's
assessment even if the cost of the service was unchanged. Finally, the level of
service (number of pick-ups and receptacles) has changed very little over the last
several years. Although many of the businesses and business types have
changed within the District, the total cost of providing this service has remained
fairly constant.
In contrast to the total cost, it is not reasonable to assume that all developed
parcels utilize or require the same level of refuse service —typically the larger the
building, the greater amount of refuse that is generated. Therefore, it has been
determined that a fair and reasonable estimate of each parcel's benefit for refuse
collection is the building square footage determined for each parcel.
As noted previously, due to limited space and accessibility, it is not practical for
each parcel or business within President's Plaza to have separate containers or
agreements with the waste hauler. However, it is recognized that the baseline
level of service (i.e., number of bins, size of the bins and frequency of service)
established for the District may not be adequate or appropriately reflect the
needs of changing business within the District. Therefore, the following
considerations and criteria shall be followed when the level of service provided
requires modifications:
1. If the level of service is reduced, the incremental cost savings (if any) will be
reviewed and applied as follows:
a. Reserve Fund Account — The City staff and the owners' association will
evaluate the existing available Reserve Funds to ensure an acceptable
amount of money is being retained for normal annual operation of the District.
Based on this evaluation, the owners' association will modify the annual plan
(recommendation to the City Council) to apply all or a portion of the cost
savings to the Reserve Account. A fully funded Reserve is an amount equal
to approximately one half of all annual operating expenses. However, most
operating reserves are typically less than 50%, but greater than 25% of all
annual operating expenses.
b. Reduced Assessments — After reviewing the Reserve Account, any cost
savings not applied to the Reserve Account (Reserve Fund Collection) will be
passed on to each parcel within the District by reducing their annual
assessment for the next fiscal year, in proportion to their estimated benefit
(from the method of apportionment).
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2. If the level of service is increased, the incremental cost increase (if any) will
be reviewed and applied as follows:
a. Increased service District -wide — When the current District was
renewed/formed, an assessment range formula was approved. This formula
provided for anticipated cost of living increases, but also allowed some
flexibility for increased costs due to increased levels of service. If an
increased level of service is required for the entire District, the increase is
reflected in the annual budget. This budget increase will typically cause a
proportional increase of the annual assessment. If the increased cost results
in an assessment rate that exceeds the maximum assessment allowed, then
reserve funds will be used to reduce the annual assessment to the maximum
assessment allowed. If the reserve fund is not sufficient to cover the cost
increase, the City Council may provide a temporary loan to the District or
conduct a property owner ballot proceeding for an assessment increase.
b. Increased service for one parcel — When the current District was
renewed/formed, a baseline assessment rate and level of service was
established for all properties within the District. As businesses within the
District change or continue to grow, these businesses may generate a need
for an increased level of service, but it is not fair or equitable to spread the
cost of this increased service to other properties within the District. Therefore,
if a business requires an increased level of service, that particular business
owner or the owner of the property on which the business is located, must
pay the resulting cost increase as a surcharge. Either the City or the property
owner may initiate the need for an increased service level. The City Council
shall make the final determination as to the appropriate mechanism by which
the increased level of service will be provided. The increased level of service
may be accomplished by:
• Increasing the number of pick-ups on the specific bin(s) used by the
property or business.
• Increasing the size of the specific bin(s) used by the property or
business if space permits.
• Providing separate bin(s) for the property or business if space and
accessibility permits.
• Any combination of the above.
The costs associated with the increased level of service shall be the obligation of
the business and/or property owner which is provided with the additional service.
Payment for the increased level of service shall be reviewed by the owner's
association, which will make a recommendation to the City Council for approval.
The additional cost of providing the increased level of service may be added to
the annual assessment for the property as a surcharge (in addition to their
annual assessment), upon written petition of the property owner and approval by
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the City Council (This may require a signed agreement between the property
owner and the City of Palm Desert). However, before any action is taken to add a
surcharge to the property tax roll as part of the property's annual assessment,
the property owner/business shall work with City staff and the owner's
association to establish the necessary level of additional service and arrange for
direct payment for the service to the waste hauler or the City if at all possible.
Method of Apportionment Calculations
The apportionment of benefit within the District utilizes a weighting factor known
as an Equivalent Benefit Unit (EBU). Each parcel's EBU represents a percentage
of the total EBU applied for the entire District. Depending on the improvement or
activity provided, the EBU assigned to each parcel is based on either the parcel's
development (approximate building square footage) or the parcel's area of
improvement (front footage to the parking lots). The cost of refuse collection
services is apportioned based on each parcel's approximate building square
footage. All other improvements and services funded through the District are
associated with the parking lots. The total cost of the parking lot improvements
and services is apportioned to each parcel based on their front footage to the
parking lots.
The sum of each parcel's proportionate share of refuse costs and parking lot
costs represents the parcel's Total Direct Cost. In addition to a parcel's Total
Direct Cost, each parcel is assessed for administration expenses and a reserve
fund collection (Indirect Costs). The Indirect Costs for each parcel have been
apportioned by a percentage of the parcel's Direct Costs, not to exceed fifteen
percent (15%). Therefore, each parcel's Total Annual Assessment is the sum of
its proportionate share of the Total Direct Cost and Total Indirect Costs. Although
each parcel's proportional benefit and assessment for each improvement is
calculated individually, each parcel's maximum assessment is based on the
parcel's combined assessment for all costs and services. The rate applied to any
one improvement or service may exceed the maximum rate originally
established, provided the parcel's combined assessment does not exceed the
combined maximum assessment established for the property (excluding changes
in land use or development).
The County requires that all annual assessments levied and submitted for
collection on tax bills be rounded to the nearest even penny, thus allowing the
total assessment to be split into two installments. In order to comply with the
County's requirements, the calculation of each assessment component (i.e.,
refuse costs, parking lot costs and indirect costs) is rounded to the nearest even
penny and then added together for the parcel's Total Annual Assessment.
The following describes the general method used to arrive at each parcel's
proposed assessment.
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Apportionment of Direct Costs
Refuse Collection Assessment
The Total Refuse Cost estimated for refuse services is based on the City's
contract with a waste hauler for service to President's Plaza. This Total Refuse
Cost divided by the estimated Total Building Square Footage establishes a Rate
per building square foot. This Rate is multiplied by each parcel's estimated
building square footage to calculate the parcel's proportionate share of the refuse
service cost.
Total Refuse Cost/ Total Building Square Footage = Rate per Building
Square Foot
Rate x Parcel Building Square Footage = Refuse Assessment
Note: For purposes of calculating the refuse assessment, the building square footage for each
parcel has been rounded to the nearest hundred square feet. Refer to Appendix "B" for building
square footage applied.
Table 1 provides the Refuse assessment rates for Fiscal Year 2015/2016
through Fiscal Year 2019/2020.
Table 1: Building Size Proposed Rates
Fiscal Year 201512016 $0, 5059
Fiscal Year 2016/2017 $0,5211
Fiscal Year 2017/2018 $0,5367
Fiscal Year 201812019 $0, 5528
Fiscal Year 201912020 $0, 5694
There are currently forty-two (42) developed commercial properties within the
District that are assessed for refuse collection services based on approximate
building square footage. (Refer to the Assessment Roll for individual parcel
Refuse assessments).
Parking Lot Assessment
The Total Lot Cost estimated for parking lot improvements and services
(maintenance) is based on the estimated annual costs to maintain the
landscaping, lighting, and parking lot improvements, as well as provide
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mechanical sweeping of the parking lot, within President's Plaza. This Total Lot
Cost divided by the applied parking lot Total Front Footage, establishes a Rate
per front foot. This Rate is multiplied by each parcel's applied front footage to
calculate the parcel's proportionate share of the parking lot maintenance costs.
Total Lot Cost I Total Front Footage = Rate per Front Foot
Rate per front foot x Parcel Front Footage = Parking Lot Assessment
Note: For purposes of calculating the parking lot assessment, each parcel's front footage is based
on the parcel's footage rounded to the nearest five feet. Refer to Appendix "B" for front footage
applied.
Table 2 provides the Parking Lot assessment rates for Fiscal Year 2015/2016
through Fiscal Year 2019/2020.
Table 2: Parking Lot Proposed Rates
Fiscal Year 2015/2016
$13.45
Fiscal Year 2016/2017
$1185
Fiscal Year 2017/2018
$14.27
Fiscal Year 201812019
$14.69
Fiscal Year 201912020
$15.13
All parcels within the District receive direct and special benefits from the parking
lot improvements and services. Each of these parcels is assessed
proportionately based on their front footage adjacent to the parking lot.
Apportionment of Indirect Costs
To ensure the improvements, activities, and services provided and funded
through the District are continued, each parcel will be assessed for its
proportional share of 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 toward a Reserve Fund. The annual assessment
for Indirect Costs has been established at fifteen percent (15%) of the Total
Direct Costs assessed to each parcel.
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The sum of each parcel's proportionate share of refuse costs and parking lot
costs represents the parcel's Direct Cost. This Direct Cost multiplied by fifteen
percent (15%) represents each parcel's proportionate share of the indirect Costs.
Parcel's Total Direct Cost X 15% = Indirect Assessment
Table 3 provides the District's Indirect Cost amounts for Fiscal Year 2015/2016 through
Fiscal Year 2019/2020.
Table 3: Total Proposed Indirect Costs
Fiscal
Year 201512016
$27,765.71
Fiscal
Year 201612017
$28,598.68
Fiscal
Year 201712018
$29.456.64
Fiscal
Year 201812019
$30,340.34
Fiscal
Year 2019/2020
$31,250.55
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 and
the maximum amount projected. The maximum projected amounts were
determined by applying an annual inflationary factor of three percent (3%) over
the five-year duration of the District based on the first year assessments.
Annual Budget Adjustments
For the five years of the term of the PBID renewal, annual assessments may be
adjusted by the President's Plaza 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.
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Description of Budget Items
Direct Benefit Costs
Landscape Maintenance Contract — 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 operations required within the District is
determined by City staff, but is generally scheduled weekly.
Landscape Water — Utility cost to furnish water required for landscape
irrigation.
Landscape Electric — Utility cost for furnishing of electricity required for the
operation of the irrigation systems and ornamental lighting.
Landscape Repairs — 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. Planned upgrades may also be included.
These upgrades may include, but are not limited to, replacing plant materials or
renovation of irrigation systems.
Lighting — The furnishing of electricity required for the operation and
maintenance of the lighting facilities (parking lot lighting, including but not limited
to, bulbs, fixtures, poles, wiring, and electrical energy). The City contracts for the
furnishing of its electricity for 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.
Sweeping Services — Weekly cleaning of the parking lots and gutters using a
contracted, mechanized service.
Parking Lot Maintenance — Includes all regularly scheduled labor, material,
and equipment for patching of asphalt, slurry sealing, and parking lot striping
required to properly maintain and ensure the satisfactory condition of the parking
lots and appurtenant facilities. The frequency and specific maintenance
operations required within the District is determined by City staff, but slurry
sealing and parking lot striping are generally scheduled annually, while patching
of asphalt is performed on an as -needed basis. Parking lot maintenance for
slurry sealing and parking lot striping within the District is contracted for service
on a regular basis, while patching of asphalt may be performed by City staff or
contracted for service as needed.
Solid Waste Removal Services — The furnishing of bins and bi-weekly
collection of solid waste. The City contracts with a waste hauler for this service.
Only developed properties (with a structure) receive special benefit from this
service and are assessed for this service.
2016/2017 President's Plaza Property and Business Improvement District Page 14
WILLDAN
Financial Services
Indirect Benefit Costs
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.
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 $0.36 per assessment, and is in addition to the County Administration Fee.
Miscellaneous Expenses — This is a fund for additional costs related to District
administration including required formation, documentation, recordation, and
legal fees.
Reserve Fund Collection — The Reserve Fund provides for collection of funds
to operate the District from the time period of July 1 (beginning of the Fiscal
Year) through January when the County provides the City with the first
installment of assessments collected from the property tax bills. The 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 the fiscal year. The 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.
Levy Breakdown
Total District Costs — This is the sum total of all budgeted Direct and Indirect
costs.
Anticipated Deficit/Surplus — This item may include anticipated costs of the
District that exceed the amount to be collected. This item also reflects beginning
balance deficits. When the actual cost and expenditures for the District are
greater than the amount budgeted and collected in the prior fiscal year, the
District has a Beginning Balance Deficit. This deficit may be the result of
unforeseen and extraordinary costs incurred, or assessments actually collected
being less than anticipated. When a deficit occurs, the deficit amount may be
added to the amount to be collected through the levy for the current fiscal year or
recovered through use of the Reserve Fund.
When the actual costs and expenditures for the District are less than the amount
budgeted and collected in the prior fiscal year, the District has a Beginning
2016/2017 President's Plaza Property and Business Improvement District Page 15
WILLDAN
Financial services
Balance Surplus. When a surplus occurs, the amount may be used to reduce
assessments for the following year or may be added to the Reserve Fund.
Other Revenue Sources — This item may include additional funds designated
for use by the District that are not from District assessments. These funds are
added to the District account and may be added to the Reserve Fund or used to
reduce assessments, and may be from either non -District or District sources
including City General Fund Contributions or interest earnings on the Reserve
Fund.
Balance to Levy —This is the total amount to be levied and collected through
assessments for the current fiscal year. The Balance to Levy represents the sum
of Total Direct Costs, Indirect Costs, Revenue Deficits, Other Revenue Sources,
Revenue Surpluses, and Contribution Replenishments.
District Statistics
Total Number of Parcels — The total number of parcels within the District.
Total Parcels Levied — 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.
Total Building Square Footage — This is the sum total of the building square
footage applied to parcels within the District.
Total Parking Lot Front Footage (parking lot) — This is the sum total of the
parking lot front footage applied to parcels within the District.
Levy Rate per Building Square Foot — This amount represents the Rate being
applied to each parcel's individual building square footage (calculation of each
parcel's proportionate share of refuse collection costs). The Levy Rate per
Square Foot is the result of dividing the estimated total refuse cost for that year
by the sum of the District's Total Building Square Footage. The rate is calculated
to three decimal places.
Levy Rate per Front Foot — This amount represents the Rate being applied to
each parcel's individual parking lot front footage (calculation of the parcel's
proportionate share of parking lot maintenance costs). The Levy Rate per Front
Foot is the result of dividing the estimated total parking lot costs for that year by
the sum of the District's Total Parking Lot Front Footage. The rate is calculated to
three decimal places.
Levy Rate for Indirect Costs — This amount represents the percentage applied
to each parcel's Direct Costs to determine the parcel's proportionate share of the
amount to be assessed for administrative expenses and Reserve Fund
Collection. A maximum rate of fifteen percent (15%) has been established. It is
anticipated that the maximum amount will be collected each year in order to
establish and maintain a reasonable Reserve Fund.
2016/2017 President's Plaza Property and Business Improvement District Page 16
WILLDAN
Financial Services
District Budget
The District Budget shown on the following page (Table 4) lists the estimated
costs of providing the various improvements and services. The costs and the
resulting rate for each Fiscal Year is based on the estimated costs to provide the
improvements and services that year. The projected annual costs anticipated
over the five-year duration of the District assessments have been calculated
based on an annual inflationary factor of three percent (3%) from the first fiscal
year. However, this inflation factor does not mean the assessments will increase
annually by three percent (3%). 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 the original Engineer's Report without
first obtaining property owner approval through assessment ballots.
2016/2017 President's Plaza Property and Business Improvement District Page 17
Direct Benefit Costs
Landscape Maintenance Casts
Landscape Utilities
Landscape Repairs
Lighting
Sweeping Services
Parking Lot Maintenance
Service Subtotal (Based on parking lot footage)
Solid Waste Removal Services
Service Subtotal (Based on building square footage)
Total Direct Benefit
Indirect Costs
District Administration
County Administration Fee
County Per Parcel Fee
Miscellaneous Expenses
Administrative Subtotal
Reserve Fund Collection (5%)
Total Indirect Cost i' I
Levy Breakdown
Total Direct and Indirect Costs
Anticipated Deficit or Surplus
Other Revenue Sources
Balance to Levy
% increase
WILLDAN
Financial Services
7,271.38
$ 7,489-62
$ 7,714.21
$ 7,945.63
$ 8,184,00
5.703,04
$ 5,874.13
$ 6,050.36
$ 6,231.87
$ 6,418.83
4,990,16
$ 5.139.87
$ 5294.06
$ 5,452.89
$ 5.616.47
14.256.22
$ 14.683.91
$ 15,124.43
$ 15,578.16
$ 16,045.51
5,703,04
$ 5.874.13
$ 6,050.36
$ 6,231.87
$ 6,418.83
12,298.74
S 12,667.70
$ 13,047.73
$ 13,439.16
$ 13.842,34
50, 222.59
$ 51, 729.27
$ 53,281.15
$ 54, 879.58
$ 56.525.97
146,155.45
$ 150,540.12
$ 155,056.32
$ 159,708.01
$ 1664 49_9.25
146,155.45
$ 150,540.12
$ 155,056.32
$ 159,708.01
$ 164,499,25
196,378.05
$ 202,269.39
$ 208,337,47
$ 214,587.60
$ 221,025,27
13,097.08 $ 13,490.00 $ 13,894.70 $ 14,311,54 $ 14.740.88
171.09 $ 176.22 $ 181.51 $ 186.96 $ 192.56
16.52 $ 17.02 $ 17.53 S 18.05 $ 18.60
6,353.11 $ 6,543.70 $ 6.740.01 S 6,942.21 S 7,150.48
19.637,80 $ 20.226.94 $ 20.833.75 $ 21,458.76 $ 22,102.52
9,818.90 S 10.113.47 S 10,416.87 $ 10.729.38 $ 11,051.26
29,456.71 S 30,340.41 $ 31,250.62 $ 32.188.14 $ 33,153.78
225,834.76 $ 232,609.80 $ 239,588,09 $ 246,775.74 $ 254.179.01
225,834.76 $ 232,609.80 $ 239,588.09 $ 246,775.74 $ 254.179.01
3.00% 3.00% 3.00% 3.00%
District Statistics
Total Parcels
46,00
46.00
46.00
46.00
46.00
Total Parcels To Levy
42.00
42.00
42.00
42.00
42.00
Total Building Square Footage
288,900.00
288,900.00
288,900.00
288.900.00
288,900.00
Total Front Footage (Parking Lot)
3735
3,735
3,735
3.735
3.735
Levy Rate per Building Square Foot {2)
0.5059
$ 0.5211 $
0.5367 $
0,5528 $
0.5694
% increase
3.00%
3,00%
3.00%
3,00%
Levy Rate per Front Foot
13,45 �$
13.850 r$
14.265 `$
14,693 '$
15,134
% increase
3.00%
3.00%
3.00%
3.00%
Levy Rate for Admin1Res erves I'I
15,00%
15.00%
15.000I9
15,00%
15.00%
Reserve Fund Balance
Previous Balance
111,472.26
121,291.17
131.404.64
141,821,51
152,550.89
Estimated Ending Balance
121,291,17
131,404.64
141,821.51
152.550,89
163,602.16
111Total Indirect costs including a 51 collection for reserves are 151 of the total direct benef it costs.
(' xirrumannual assessments for direct costs and indirect costs for FY 2016-17 represent a 31 increase aver the assessments applied in the current P131D
term (Fiscal Year 2015.16)-
sources: City of Palm Desert; WrIldan Fin ancia15ervices
201812017 President's Plaza Property and Business Improvement District Page 18
WILLDAN I
Financial Services
Appendix A — Assessment Diagram
The Assessment Diagram for the District is shown in reduced format on the
following page and is inclusive of all parcels identified on the County of Riverside
Assessor's Parcel Maps as Book 627, Pages 212, 221 and 222. The Assessment
Diagram will be kept on file with the City Clerk of the City of Palm Desert.
2016/2017 President's Plaza Property and Business Improvement District Page A-1
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WILLDAN
Financial Services
Appendix B - Parcel Levy Information
The parcel information is shown in Table 5 on the following page, including
building square footage and front footage, is used in calculating each parcel's
proportionate share of all District Costs.
2016/2017 President's Plaza Property and Business Improvement District Page B-1
NWILLDAN
Financial Services
Table 5: Parcel Information
1
627-212-002
73669
HIGHWAY 111
50-00
50,00
3,885
3,900
2
627-212-003
73677
HIGHWAY 111
200.00
200.00
8,650
8,700
3
627-212-004
73731
HIGHWAY 111
100.00
100.00
8,525
8,500
4
627-212-005
73640
EL PAS EO
171,55
170.00
12,132
12,100
5
627-212-006
73660
EL PASEO
50.00
50.00
5,820
5,800
6
627-212-009
73690
EL PASEO
50,00
50.00
8.150
8,200
7
627-212-010
73700
EL PASE❑
50.00
50.00
3,210
3,200
8
627-212-011
73710
EL PASEO
50.00
50.00
5,030
5,000
9
627-212-012
73722
EL PASEO
50.00
50.00
2,400
2,400
10
627-212-014
73730
EL PASEO
50.00
50.00
5,000
5,000
11
627-212-015
73625
HIGHWAY 111
221.55
220.00
20,987
21,000
627-212-016'
-
-
-
-
12
627-212-017
73670
EL PASEO
100.00
100.00
10,238
10,200
13
627-221-001
73741
HIGHWAY 111
50.00
50.00
4,750
4,800
14
627-221-002
73759
HIGHWAY 111
50,00
50.00
4,750
4,800
15
627-221-004
45145
SAN LUIS REY AVE
213.02
215.00
18,182
18,200
16
627-221-008
73740
EL PASE❑
50,00
50.00
5,300
5,300
17
627-221-009
73750
EL PASEO
50.00
50.00
4,563
4.600
18
627-221-010
73801
HIGHWAY 111
225.16
225.00
1,568
1,600
627-221-011
-
-
-
-
19
627-222-002
73845
HIGHWAY 111
50.00
50.00
4,435
4,400
20
627-222.003
73851
HIGHWAY 111
50.00
50.00
3,250
3.300
21
627-222-004
73861
HIGHWAY 111
50.00
50,00
3.250
3,300
22
627-222-005
73873
HIGHWAY 111
50.00
50.00
3,000
3,000
23
627-222-008
73891
HIGHWAY 111
100.00
100.00
6.712
6,700
24
627-222-014
73965
HIGHWAY 111
50.00
50.00
4,692
4,700
25
627-222-015
73981
HIGHWAY 111
50.00
50,00
3,900
3,900
26
627-222-021
50.00
50.00
3,762
3,800
27
627-222-024
73900
EL PASE❑
50.00
50.00
5,050
5,100
28
627-222-025
73910
EL PA5EO
50.00
50.00
5,000
5,000
29
627-222-026
73920
EL PASEO
50,00
50.00
5,000
5,000
30
627-222-027
73930
EL PASEO
50.00
50.00
5,150
5,200
31
627-222-028
73940
EL PASEO
50,00
50.00
4,950
500
32
627-222-029
73950
EL PASEO
50.00
50.00
4,800
4.800
33
627-222-030
50.00
50.00
4,950
5,000
34
627-222-034
73925
HIGHWAY 111
100.00
100.00
6,276
6,300
35
627-222-038
73890
EL PASEO
100.00
100.00
9,900
9,900
36
627-222.041
73885
HIGHWAY 111
75.00
75.00
5,925
5,900
627-222-042'
-
-
-
-
627-222-043"
45211
PORTOLA AVE
-
-
-
-
37
627-222-044
73990
EL PASEO
140.63
140.00
13,338
13,300
38
627-222-048
73941
HIGHWAY 111
100.00
100.00
7,825
7,800
39
627-222-052
73820
EL PASEO
251-69
250.00
11,694
11.700
40
627-222-053
73833
HIGHWAY 111
151-69
150.00
8,238
8.200
41
627-222-055
73970
EL PASEO
100.00
100.00
15,017
15,000
42
627-222-058
73993
HIGHWAY 111
140.00
140.00
9,312
9.300
Total
3,740.29
3,735.00
288,566
288,900
Assessor Parcel Numbers 627-212-016, 627.221.011, 627-222-021, and 627-222-043 are part of the District's parking Ivt and parcel627-222-042 is a
easerrenflwalkway. These parcels are not assessed and therefore not assigned an Assessment Number
Sources. Riverside County Secured Rol; Widan Financial Services
2016/2017 President's Plaza Property and Business Improvement District Page B-2
WILLDAN
Financial Services
Appendix C —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 Plan is
prepared.
The Assessment Roll, which includes a listing of assessor parcels assessed
within this District, along with their assessment amounts, is shown in Table 6 on
the following page.
2016/2017 President's Plaza Property and Business Improvement District Page C-1
,iA/W1LLDAN
Financial Services
Table 5: Assessmgnt RQII
1
627-212-002
73669
HIGHWAY 111
$692.49
$2,032.21
$408.70
$3,133.41
2
627-212-003
73677
HIGHWAY 111
2,769,97
4.533.40
1,095,50
8,398.87
3
627-212-004
73731
HIGHWAY 111
1,384.99
4,429.18
872.12
6,686.29
4
627-212-005
73640
EL PASEO
2,354.48
6,305.07
1,298.94
9.958.49
5
627-212-006
73W
EL PASEO
692.49
3,022.27
557,22
4,271,98
6
627-212-009
73690
EL PASEO
692.49
4,272.86
744.80
5,710.15
7
627-212-010
73700
EL PASEO
692.49
1,667.46
354.00
2.713.95
8
627-212-011
73710
EL PASEO
692.49
2.605.40
494.66
3,792.58
9
627-212-012
73722
EL PASEO
692.49
1,250.59
291.46
2.234,55
10
627-212-014
73730
EL PASEO
692.49
2,605,40
494,68
3,792.58
11
627-212-015
73625
HIGHWAY 111
3,046,97
10.942.69
2,098.44
16,088.10
627-212-016
0,00
0,00
0,00
0.00
12
627.212-017
73670
EL PASEO
1.384.99
5.315.02
1,005.00
7.705.01
13
627-221-001
73741
HIGHWAY 111
692.49
2,501,19
479.06
3,672.74
14
627-221-002
73759
HIGHWAY 111
692,49
2.501.19
479.06
3,672.74
15
627-221-004
45145
SAN LUIS REY AV
2,977.72
9,483.66
1.869.20
14,330.59
16
627-221-008
73740
EL PASEO
692.49
2,761.73
518.14
3,972,36
17
627-221-009
73750
EL PASEO
692.49
2,396,97
463.42
3,552.88
18
627-221-010
73801
HIGHWAY 111
3,116.22
833.73
592,50
4,542.45
627-221-011
0.00
0,00
0.00
OAO
19
627-222-002
73945
HIGHWAY 111
692.49
2,292.75
447,78
3,433,03
20
627-222-003
73851
HIGHWAY 111
692.49
1.719.57
361.80
2,773,86
21
627-222-004
73861
HIGHWAY 111
692.49
1,719,57
361.80
2.773.86
22
627-222-005
73873
HIGHWAY 111
692.49
1,563.24
338.36
2.594,09
23
627-222-008
73991
HIGHWAY 111
1,384.99
3,491.24
731.44
5,607.67
24
627-222-014
73965
HIGHWAY 111
692.49
2.449.08
47124
3,612.81
25
627-222-015
73981
HIGHWAY 111
692,49
2,032.21
408.70
3.133,41
26
627-222-021
692,49
1.980.11
400.88
3.073.48
27
627-222-024
73900
EL PASEO
692,49
2.657,51
502.50
3,852.50
28
627-222-025
73910
EL PASEO
692.49
2.605,40
494.68
3,792.58
29
627-222-026
73920
EL PASEO
692,49
2.605.40
494.68
3,792.58
30
627-222-027
73930
ELPASEO
692.49
2.709.62
510.32
3,912A3
31
627-222-028
73940
EL PASEO
692.49
2.605,40
494.68
3,792.58
32
627.222-029
73950
EL PASEO
692.49
2,501.19
479.06
3,672.74
33
627-222-030
692.49
2,605.40
494.68
3.792.58
34
627-222-034
73925
HIGHWAY 111
1,384.99
3,282.81
700.16
5,367.95
35
627-222-038
73890
EL PASEO
1.384.99
5,158,70
981.56
7,525.24
36
627-222-041
73885
HIGHWAY 111
1,038.74
3,074.37
616.96
4,730.07
627-222-042
0.00
0.00
0.00
0.00
627-222-043
45211
PORTOLA AVE
0.00
MCI
0.00
0.00
37
627-222-044
73990
ELPASEO
1,938.98
6,930.37
1,330.40
10.199.75
38
627-222-M
73941
HIGHWAY 111
1,384.99
4,064.43
817,42
6,266,83
39
627-222-052
73820
EL PASEO
3,462.47
6,096.64
1.433.86
10,992,97
40
627-222-053
73833
HIGHWAY 111
2,077.48
4,272.86
952,56
7,302,90
41
627-222-055
73970
EL PASEO
1,384.99
7,816.21
1.380,18
10.581.37
42
627-222-058
73993
HIGHWAY 111
1,938.98
4,846.05
1,017.76
7.802,79
Total
$51,729.27
$150,540.12
$30,340,38
$232,609,77
Die to rounding, totals may not add up to $232,609.
Sources: avers ide County Secured Fall: Wildan Financial Servioes
2016/2017 President's Plaza Property and Business Improvement District Page C-2
RESOLUTION NO. 2016- 50
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING THE MANAGEMENT DISTRICT
PLAN FOR THE PRESIDENT'S PLAZA PROPERTY AND BUSINESS
IMPROVEMENT ASSESSMENT DISTRICT, FISCAL YEAR 2016/2017
The City Council of the City of Palm Desert (hereafter referred to as the "City Council")
does resolve as follows:
WHEREAS, in Fiscal Year 2015/2016 the City Council pursuant to the provisions
of 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 "Code"), and in
accordance with the provisions of the California Constitution Article XIIID conducted
proceedings for the renewal/formation of the President's Plaza Business Improvement
District (hereafter referred to as the "District'), and the levy of annual assessments
connected therewith; and,
WHEREAS, on July 9, 2015 the City Council held a full and fair public hearing
regarding the renewal/formation of the District and the establishment of annual
assessments and the maximum assessments required to pay the maintenance and
services of landscaping, lighting, refuse collection and all appurtenant facilities and
operations related thereto for a five-year period beginning July 1, 2016 and ending June
30, 2017 pursuant to the Code; and,
WHEREAS, upon conclusion of the public hearing of July 9, 2015 the City Council
tabulated the property owner assessment protest ballots returned and by resolution
confirmed that majority protest did not exist and by resolution approved the Management
District Plan, appointed an Advisory Board for the District, ordered the renewal/formation
of the District, and ordered the levy and collection of the first annual assessments; and,
WHEREAS, pursuant to the Code, the City Council appointed the El Paseo
Business Association as the Advisory Board for the District and this Advisory Board shall
cause to be prepared an annual Management District Plan (hereafter referred to as the
"Report") each fiscal year for which assessments are to be levied and collected, said
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; the estimated costs
and method of assessment; the amount of any surplus or deficit; and contributions from
other sources; and,
WHEREAS, pursuant to the Code, the Advisory Board has caused to be prepared
a Report in connection with the District describing the proposed improvements, services,
expenditures and assessments to be levied for Fiscal Year 2016/2017, and filed with the
City Clerk of the City of Palm Desert and the City Clerk has presented to the City Council
RESOLUTION NO. 2016-50
such Report entitled "Management District Plan for the President's Plaza Property and
Business Improvement Assessment District, Fiscal Year 2016/201 r; and,
WHEREAS, The City Council has carefully examined and reviewed the Report as
presented, and is satisfied with each and all of the items and documents as set forth
therein, and finds that the levy of assessments has been spread in accordance with the
special benefits received from the improvements, operation, maintenance and services to
be performed, as set forth in said Report; and,
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY
THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:
Section 1 The above recitals are true and correct.
Section 2 The Management District Plan as presented, consists of the following:
A. A Description of the District boundaries and all properties benefiting
from the improvements and services.
B. A Description of Improvements and services to be provided by the
District.
C. The Annual Budget (Estimates of Costs and Expenses of Services,
Operations and Maintenance),
D. The District Roll containing the Levy of Assessments for each
Assessor Parcel within the District,
Section 3 The Report as presented, is hereby approved and is ordered to be filed in
the Office of the City Clerk as a permanent record and to remain open to public
inspection.
Section 4 That the City Clerk shall certify to the passage and adoption of this
Resolution, and the minutes of this meeting shall so reflect the presentation of and final
approval of the Report and appointment of the District Advisory Board.
N
RESOLUTION NO. 2016-50
PASSED, APPROVED, AND ADOPTED this day of June, 2016, by the
following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT A. SPIEGEL
MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
APPROVED AS TO FORM:
ROBERT W. HARGREAVES, CITY ATTORNEY
BEST, BEST & KRIEGER, LLP
3
RESOLUTION NO. 2016- 51
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR
THE PRESIDENT'S PLAZA PROPERTY AND BUSINESS IMPROVEMENT
ASSESSMENT DISTRICT, FISCAL YEAR 2016/2017
The City Council of the City of Palm Desert (hereafter referred to as the "City Council")
hereby finds, determines, resolves and orders as follows:
WHEREAS, on July 9, 2015 the City Council called and duly held a public hearing
and property owner protest ballot proceedings for the President's Plaza Property and
Business Improvement Assessment District (hereafter referred to as the "District")
pursuant to the provisions of 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 "Code") and the California Constitution Article XIIID, for the purpose of
presenting to the qualified property owners within the District the annual levy of
assessments and a maximum annual assessment over a five year period beginning July
1, 2016 and ending June 30, 2017, for the costs and expenses associated with the
maintenance and operation of landscaping, lighting, refuse collection and all appurtenant
facilities related thereto; and,
WHEREAS, the landowners of record within the District as of the close of the
Public Hearing held on July 9, 2015 did cast their ballots resulting in the approval of the
District renewal/formation and annual levy of assessments related thereto; and,
WHEREAS, the City Council, pursuant to the Code did by previous Resolutions
formed the District, and approved a Management District Plan in connection with the
renewal/formation of the District and appointed an Advisory Board that shall cause to be
prepared an annual report regarding the District for the City Council's approval; and,
WHEREAS, the Advisory Board has held a meeting for reviewing and approving
the proposed budget for Fiscal Year 2016/2017 and has prepared a Report in connection
with the District for Fiscal Year 2016/2017, and filed with the City Clerk of the City of Palm
Desert and the City Clerk has presented to the City Council such Report entitled
"Management District Plan for the President's Plaza Property and Business Improvement
Assessment District, Fiscal Year 2016/2017"; and,
WHEREAS, The City Council has carefully examined and reviewed the Report as
presented, and by previous resolution has approved said Report.
RESOLUTION NO. 2016-51
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY
THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:
Section 1 The above recitals are true and correct.
Section 2 The City Council desires to levy and collect the annual assessment for
President's Plaza Property and Business Improvement Assessment District for Fiscal
Year 2016/2017 pursuant to the provisions of the Code.
Section 3 Based upon its review of the Management District Plan, a copy of which has
been presented to the City Council and filed with the City Clerk, the City Council hereby
finds and determines that:
A. The territory of land within the District will receive special benefits from the
operation, maintenance and servicing of the improvements and appurtenant
facilities located within the boundaries of the District.
B. District includes all of the lands so benefited; and
C. The net amount to be assessed upon the lands within the District in
accordance with the proposed budget for the fiscal year commencing July 1,
2016 and ending June 30, 2017 is apportioned by a formula and method
which fairly distributes the net amount among all eligible parcels in proportion
to the special benefits to be received by each parcel from the improvements
and services.
D. The Assessments so described in the Management District Plan are
consistent with the assessments so approved by the property owners within
the District.
Section 4 The Report and assessments as presented to the City Council and on file in
the office of the City Clerk are hereby confirmed as filed.
Section 5 The City Council hereby orders the improvements to be made, and the levy
and collection of annual assessments to pay for those improvements to be presented to
the County Auditor/Controller of Riverside for Fiscal Year 2016/2017. The County
Auditor/Controller shall enter on the County Tax Roll opposite each parcel of land the
amount of levy, and such levies shall be collected at the same time and in the same
manner as the County taxes are collected. After collection by the County, the net amount
of the levy shall be paid to the City Treasurer.
Section 6 The City Treasurer shall deposit all money representing assessments
collected by the County for the District to the credit of a fund for the President's Plaza
Property and Business Improvement Assessment District, and such money shall be
expended only for the improvements described in the Management District Plan.
2
RESOLUTION NO. 2016-51
Section 7 The adoption of this Resolution constitutes the District levy for the Fiscal
Year commencing July 1, 2016 and ending June 30, 2017.
Section 8 The City Clerk is hereby authorized and directed to file the levy with the
County Auditor upon adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this day of June, 2016, by the
following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT A. SPIEGEL
MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
APPROVED AS TO FORM:
ROBERT W. HARGREAVES, CITY ATTORNEY
BEST, BEST & KRIEGER, LLP
3