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HomeMy WebLinkAboutRes 2016-65 to 2016-67 FY 16-17 Presidents Plaza IIICITY OF PALM DESERT OFFICE OF THE CITY TREASURER STAFF REPORT REQUEST: CONSIDERATION OF ACTIONS RELATING TO THE PRESIDENT'S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2016/2017. SUBMITTED BY: Thomas J. Metz, Deputy City Treasurer CONTRACTOR: Willdan Financial Services DATE: July 14, 2016 CONTENTS: Resolution No. 2016- 65 Resolution No. 2016- 66 Resolution No. 2016- 67 FY 2016/2017 Management District Plan and Engineer's Report Recommendation Waive further reading and adopt: 1. Resolution No. 2016- 65 , declaring the results of a property owner protest proceeding for the President's Plaza III Property and Business Improvement District, and approving certain related actions. 2. Resolution No. 2016-66, approving and adopting the Management District Plan and the Engineer's Report for the President's Plaza III Property and Business Improvement District for Fiscal Year 2016/2017, and appointing an Owner's Association for said district. 3. Resolution No. 2016- 67 , ordering the renewal of the President's Plaza III Property and Business Improvement District, and the levy and collection of assessments for said district for Fiscal Year 2016/2017. 4. If approved, appropriate $41,628.00 to Special Assessment District Fund No. 282 (President's Plaza III PBID, Zone 16) for operations and maintenance costs for Fiscal Year 2016/2017. Stratedc Plan Obiective Not Applicable. Staff Report Renewal of President's Plaza III PBID July 14, 2016 Page 2 of 2 Backqround If the property owners of the President's Plaza III Property and Business Improvement District approve its renewal, then the City of Palm Desert can collect an annual assessment to pay for landscape maintenance; street sweeping; and parking lot lighting within the common parking lot areas. Staff recommends that the City Council approve the attached resolutions to count the ballots, and approve the Management District Plan and the Engineer's Report for Fiscal Year 2016/2017. Fiscal Analvsis An appropriation is required to fund Year One (Fiscal Year 2016/2017) expenses only if the property owners approve the district's renewal. The annual budget for President's Plaza III includes the direct and indirect costs that are associated with managing the parking area. Submitted By: T'hDTnao• Thomas J. Met Deputy City Treasurer Approved By: 41C u in McCarthy Inte im City Manag tjm Attachments (as noted) Reviewed By: J P�neVM. Moore Dir ctor of Finance & City Treasurer H:\1W0RD 2007\L&L DISTRICTS\PUBLIC HEARINGTY 2017 PP III RENEWAL.doc CiTy of Palm Desert PRESIDENT'S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT DISTRICT RENEWAL MANAGEMENT DISTRICT PLAN AND ENGINEER'S REPORT FISCAL YEARS 2016/2017 TO 2020/2021 Intent Meeting: May 26, 2016 Public Hearing: July 14, 2016 *.'W I LLDAN , FnanciAl Services VWILLDAN FlnsncW Srvbm ENGINEER'S REPORT AFFIDAVIT City of Palm Desert President' Plaza III Property and Business Improvement District City of Palm Desert Riverside County, State of California This Report describes the District and defines improvements, budget and method of assessment apportionment, and the parcels proposed to be levied commencing in Fiscal Year 2016/2017 for a period of five fiscal years as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council. Dated this day of 2016. Willdan Financial Services Assessment Engineer On Behalf of the City of Palm Desert By: Stacee Reynolds, Senior Project Manager By: Richard Kopecky R. C. E. # 16742 VWILLDAN I Finr,crl Srvcn TABLE OF CONTENTS OVERVIEW.............................................................................................................. 1 Introduction 1 District Renewal Process 1 DESCRIPTION OF THE DISTRICT................................................................................ 3 District Boundary 3 Improvements and Activities 3 Special Benefits of the Improvements and Activities 4 METHOD OF APPORTIONMENT.................................................................................. 6 Method of Apportionment Rationale 6 Parking Lot Improvements and Services 6 Method of Apportionment Calculations 6 Apportionment of Direct Costs 6 Apportionment of Indirect (Administration/Reserve) Costs 7 DESCRIPTION OF BUDGET ITEMS.............................................................................. 9 Direct Benefit Costs 9 Indirect Benefit Costs 10 Levy Breakdown 10 District Statistics 10 District Budget 11 APPENDIX A —ASSESSMENT DIAGRAM................................................................. A-1 President Plaza III Property and Business Improvement District A-2 APPENDIX B — PARCEL INFORMATION AND ASSESSMENT ROLL ................................ B-1 VWILLDAN I FinencNW SwvKm 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, and renewed in Fiscal Year 2011/2012, 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. The District was successfully renewed 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 2015/2016 is the last 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. The renewal process is the same as that of the original formation. Therefore, the preparation of this updated Management District Plan is the first step in satisfying these requirements. 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 (5) years (Fiscal Years 2016/2017 through 2020/2021). 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 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. 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 President's Plaza 111 PB1D Renewal Page 1 WILLDAN FfnwncW Services 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 formation of the District and levy of assessments. Not less than forty-five (45) days and not more than ninety (90) days of adopting the resolution of intention, the City Council held a public hearing on the matter of renewal, and caused notice to the property owners pursuant to Section 54954.6 of the Government Code. Public notices and assessment ballots (property owner protest ballots) were 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 provided the public and property owners 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 tabulated property owner assessment ballots received from property owners and determined that majority protest did not exist. Pursuant to the Act, the City Council shall appoint an Owner's Association ("Association") for the District. This Association shall make recommendations to the City Council on the expenditures of revenue derived from the levy of assessments and on the classification of properties as applicable. This Association shall cause to be prepared 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. President's Plaza 111 PB/D Renewal Page 2 VWILLDAN I Ffnand W sr,voss 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 — 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 formed in 2001, and renewed in 2011, to provide and ensure the continued operation and maintenance of the improvements after the renovations had been completed. Should the District be renewed by the property owners for another five (5) year term, the assessments generated will continue this maintenance. Project under construction as of May 2016: entire parking lot being crack -sealed, seal coated, and re -striped. 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 all necessary activities, services, operation, 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, President's Plaza N PB/D Renewal Page 3 VWILLDAN Rancid srvic« • Debris removal: including, but not limited to, regular mechanical sweeping of the parking lot. 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 Report. 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 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; President's Plaza Ill PBID Renewal Page 4 *O'WILLDAN I FinancW Swmes 6. Centralized locations for refuse collection facilities; and, 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 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. President's Plaza /it PB/D Renewal Page 5 iWWILLDAN I Financrl Sankw 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 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. These Total Direct Costs, divided by the sum of the square footage of all parcels within the District, establishes 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 2016/2017 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 Table 1: Direct Cost Proposed Assessment and Rate President's Plaza I// PBID Renewal Page 6 VWILLDAN I Financw services 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. 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 2016/2017 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 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 the first fiscal year of this renewal (FY 2016/2017). The rate provided in Table 3 is for Fiscal Year 2016/2017 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 Direct Costs Maximum Indirect Costs Total Costs Maximum $27,416 $0.0604 _ $14,196 _ _ $0.0313 $41,612 $0.0917 President's Plaza 111 P81D Renewal Page 7 *PrWILLDAN I Finandd SerAom Annual Budget Adjustments For the five-year term of this PBID 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. President's Plaza It/ PBID Renewal Page 8 eWILLDAN I DESCRIPTION OF BUDGET ITEMS Direct Benefit Costs Sweeping Services — Weekly cleaning of the parking lots and gutters using a contracted, mechanized service. 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. 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 Repairs 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. Planned upgrades may also be included. These upgrades may include, but are not limited to, replacing plant materials or renovation of irrigation systems. Landscape Utilities - Water— Utility cost to furnish water required for 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. President's Plaza Ill PB1D Renewal Page 9 WILLDAN I Finoncrl Savcm 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 $0.41 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 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 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 the 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. Parking Lot Maintenance Fund — The Parking Lot Maintenance Fund provides funds for the sealing and re -striping of the parking lot. The parking lot's total surface area is 183,500 square feet. The cost of sealing the asphalt was $25,650. The average cost per square foot for the maintenance work was $0.14. 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 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. President's Plaza 111 PBID Renewal Page 10 VWILLDAN I Finanwl Swvlom Total Parcels Square Footage — This is the sum total of the assessed parcels' square footage applied to each assessed parcel within the District. Levy Rate per Direct Cost 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 for Indirect Cost 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 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 this Report without first obtaining property owner approval through assessment ballots. President's Plaza 111 PBID Renewal Page 11 �I wf�iDAN s Direct Costs Sweeping Services $5,376 $5.376 $5,537 $5,703 $5,874 $6.050 Landscape Contract Maintenance 6,048 6,048 6,229 6,416 6,608 6,807 Lighting Repair & Maintenance 1.613 1,613 1,661 1,711 1,762 1,815 Landscape Repair & Maintenance 4,704 4.704 4,845 4.990 5,140 5,294 Landscape Utilities - Water 2,688 2,688 2,768 2.852 2,937 3.025 Street Lighting Utilities - Electric 6,316 6,316 6,506 6,701 6,902 7,109 Landscape Utilities - Electric 672 672 692 713 734 756 Subtotal Direct Costs $27,417 $27,417 $28,238 $29,086 $29,957 $30,856 Indirect Costs District Administration $4,704 $4,704 $4,845 $4,990 $5,140 $5,294 County Administration Fee 235 235 242 250 257 265 County Per Parcel Fee 41 41 41 41 41 41 Operating Reserve Fund Collection 1,000 1,000 1,000 1,000 1,000 1.000 Parking Lot Maintenance Fund 6,200 6,200 6,200 6,200 6,200 6,200 Collection Insurance 2,016 2,016 2,076 2,139 2,203 2,269 Subtotal Indirect Costs $14.196 $14,196 $14,404 $14,620 $14.841 $15,069 Levv Breakdown Total District Costs $41,613 $41,613 $42.642 $43.706 $44,798 $45,925 Balance to Levy $41,628 $41,628 $42,672 $43,716 $44,805 $45,940 District Statistics Total Parcels 16 16 16 16 16 16 Total Parcels To Levy 16 16 16 16 16 16 Total Parcels Square Footage 453,956 453,956 453,956 453,956 453,956 453,956 Levy Rate per Direct Costs per Sq Ft $0.0604 $0.0604 $0.0622 $0.0641 $0.0660 $0.0680 Levy Rate per Indirect Costs per Sq Ft $0.0313 $0.0313 $0.0318 $0.0322 $0.0327 $0.0332 Total Levy Rate per Square Foot $0.0917 $0.0917 $0.0940 $0.0963 $0.0987 $0.1012 Ooeratino Reserve Fund Balance Previous Balance $8,066 $8,066 $9,066 $10.066 $11,066 $12,066 Ending Balance $9,066 $9,066 $10,066 $11,066 $12,066 $13.066 Parkino Lot Maintenance Fund Balance Previous Balance $41,942 $41.942 $48,142 $54.342 $60,542 $66,742 Ending Balance $48,142 $48,142 $54,342 $60,542 $66.742 $72,942 \lammum annual 31+c:�me•nn forr direct cost,, dt,tnct and cttunn admmtsmitum, and to<urance are adjusted bt Y o front the pre%iou. I veal fear for I-t<e.tl fear: 2016 2017 thruuKh 2020 2021 ThL f BID \d\'rItn Bismd will dctcrnunc the .iniount cif am actual 111ere.11c f0r thn.e ocar, uhtch ma% mu exceed V � per scar Note '111c dttfcrcnec between the *1 otal I)t.tnct ( o.t. and the Balance to I AvN t< due to mundtng the rate to four dtgut,, which eau<c, a hyht can.uxc (1, I Y _'016 2017 .\ctual and Maximum Prnpu,cd A,se-mcnts arc the 1amc tiounc. ( m of Palm Dc,crt. CCdldan f•tnanual SCr\ ice, President's Plaza 111 PBID Renewal Page 12 iWWILLDAN I Flnr,«r service. 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, Page 192. The Assessment Diagram will be kept on file with the City Clerk of the City of Palm Desert. President's Plaza 111 PB/D Renewal Page A-1 S ti 4 N\ wo tD �D 0 00 ( VP• N 1. V• \ 04 m � Q• 1. t J VWILLDAN I FlnanoW services APPENDIX B --- PARCFL. INFORMATION AND ASSESSMENT ROLL_ The combined Parcel Information and Assessment Roll are shown in Table 5 on the following page. Table includes Assessor Parcel Number, Owner Name, Situs Address, Actual Assessment and Maximum Assessment along with Area Front Footage which is used in calculating each parcel's proportionate share of all District Costs. President's Plaza ll! PBID Renewal Page B-1 U)-:,' --I v !�! C < Q° N � d m x, n c O 3 � -� p cn'D m O A H c m a D a , M N O CD C_ V, N aNv a) n 3� o v' 3 ( z� Cl. c 0 O c a 3 cD " " � � � l CD W-! O CTl A W O CT A w N 0 O N v J co N PI 1 O O O O O O O O O O W O O N N N N N N N N N N N N N �! 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Ut v A A A V 4 A p OD N ( W CV 4 M O N M OVD M y (Afl (n W U1 -1 (2 i RESOLUTION NO. 2016- 65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING THE RESULTS OF A PROPERTY OWNER PROTEST PROCEEDING FOR THE PRESIDENT'S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT DISTRICT AND APPROVING CERTAIN RELATED ACTIONS The City Council of the City of Palm Desert (hereafter referred to as the "City Council") does resolve as follows: WHEREAS, the City Council called and duly held a property owner protest proceeding for the President's Plaza III Property and Business Improvement 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 "Act") and the California Constitution Articles XIIIC and 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 the next five years for the costs and expenses associated with the maintenance and operation of landscaping, lighting, street sweeping 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 14, 2016 did cast their ballots, the results of which are illustrated below: Total Ballots Cast Yes Total No Total NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS: 1. The above recitals are true and correct. 2. The protest proceeding was conducted, with ballots presented to qualified property owners of the District for receipt by the City Clerk on July 14, 2016, weighted according to the proportional financial obligation of the affected property. 3. The results of the tabulation of the valid property owner protest ballots returned by the property owners within said District, prior to the conclusion of the Public Hearing and property owner protest proceeding held for the District on July 14, 2016, is hereby confirmed and made public record. 4. The tabulation of the valid property owner protest ballots returned by the property owners within said District indicates approval of the assessment and maximum Resolution No. 2016- 65 assessment allowed over the next five years. Therefore; the City Council is hereby authorized to take the necessary steps to levy the assessments as approved. 5. The City Clerk is hereby directed to enter this Resolution on the minutes of the City Council which shall constitute the official declaration of the result of such property owner protest proceeding. 6. This Resolution shall become effective immediately upon its adoption. 7. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this day of , 2016, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA ROBERT A. SPIEGEL, MAYOR CITY OF PALM DESERT Page 2 RESOLUTION NO. 2016- 66 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AND ADOPTING THE MANAGEMENT DISTRICT PLAN AND ENGINEER'S REPORT FOR THE PRESIDENT'S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2016/17 AND APPOINTMENT OF AN OWNER'S ASSOCIATION The City Council of the City of Palm Desert (hereafter referred to as the "City Council") does resolve as follows: WHEREAS, 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 "Act"), property owners within the President's Plaza III Property and Business Improvement District (hereafter referred to as the "District"), representing more than 50 percent of the proposed assessment to be levied have presented to the City Council a written petition for the formation of the District; and, WHEREAS, the City Council pursuant to the Act, did by previous resolution order the Assessment Engineer, Willdan Financial Services, (hereafter referred to as "Engineer") to prepare and file a Management District Plan and Engineer's Report (hereafter referred collectively as "Report") in connection with the formation of the District, and the establishment of maximum assessments to pay the maintenance and services of landscaping, lighting, street sweeping and all appurtenant facilities and operations related thereto; 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 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: 1. The above recitals are true and correct. 2. 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. 3. Pursuant to the Act, the City Council hereby appoints the President's Plaza 111 Owner's Association as the Owner's Association for the District. This Owner's Association consists of at least one member that is a business licensee within the District who is not also a Resolution No. 2016-66 property owner within the District. This Owner's Association shall cause to be prepared a report for each subsequent 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. 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 Owner's Association. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this day of , 2016, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT A. SPIEGEL, MAYOR CITY OF PALM DESERT ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA C %UserstTtetfreyWpaata%LocarUMicrosoh%W-ndowstTemporary intemet ReMContent Outlook\�SJ4P85TV\RES-PPBID-Adopt Mgmt District Plan -Environmental Rot PH 6 15 16 Doc Page 2 RESOLUTION NO. 2016- 67 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA ORDERING THE FORMATION/RE-ESTABLISMENT OF THE PRESIDENT'S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT DISTRICT AND THE LEVY AND COLLECTION OF ASSESSMENTS FOR SAID DISTRICT FOR FISCAL YEAR 2016/17 The City Council of the City of Palm Desert, California (hereafter referred to as the "City Council") hereby finds, determines, resolves and orders as follows: WHEREAS, 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 "Act') did by previous Resolutions initiate proceedings and order the preparation of a Management District Plan and Engineer's Report (hereafter referred to collectively as "Report') in connection with the formation of the President's Plaza III Property and Business Improvement District (hereafter referred to as the "District'), and the establishment of maximum assessments to pay for the maintenance and services of landscaping, lighting, street sweeping and all appurtenant facilities and operations related thereto; and, WHEREAS, the City Council, pursuant to the Act did by previous Resolution appoint an owners' association and this owners' association shall cause to be prepared an annual Report regarding the District for the City Council's approval; and, WHEREAS, the City Council called and duly held a property owner protest ballot proceeding for the District pursuant to the provisions of the Act and the California Constitution Articles XIIIC and 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 the next five years for the costs and expenses associated with and authorized for the District as outlined in the Report; and, WHEREAS, the protest proceeding was conducted, with ballots presented to qualified property owners of the District for receipt by the City Clerk on July 14, 2016, weighted according to the proportional financial obligation of the affected property, and the tabulation of said protest ballots returned by the property owners indicated approval of the assessment and maximum assessment allowed over the next five years; and, NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS: 1. The above recitals are true and correct. 2. The City Council desires to form the President's Plaza III Property and Business Improvement District and to levy annual assessments for a duration of not more than five years pursuant to the provisions of the Act. 3. The City Council hereby declares pursuant to the Act and the method of apportionment described in the Management District Plan and Engineer's Report, that said annual assessments Resolution No. 2016-67 shall not exceed the maximum assessment approved by the property owners and shall commence with the first fiscal year beginning July 1, 2016 and ending June 30, 2017 to pay the costs and expenses of operating, maintaining and servicing said improvements located within the District. 4. Following notice duly given, the City Council has held a full and fair Intent Meeting and Public Hearing in connection therewith; the levy and collection of assessments, and considered all oral and written statements, protests and communications made or filed by interested persons. The City Clerk has tabulated the ballots and determined that the property owners have approved the annual levy and collection of assessments and a maximum assessment over the next five years as outlined in the combined Management District Plan and Engineer's Report, in compliance with California Constitution Articles XI11C and XI11D. 5. Based upon its review of the Management District Plan and Engineer's Report, copies of which has been presented to the City Council and which as been 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 and Engineer's Report are consistent with the assessments so approved by the property owners within the District. 6. The Management District Plan, Engineer's Report and assessments as presented to the City Council and on file in the office of the City Clerk are hereby confirmed as filed. 7. The City Council hereby orders the proposed 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 commencing with Fiscal Year 2016/17. 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. 8. 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 III Property and Business Improvement District, and such money shall be expended only for the improvements described in the Management District Plan and Engineer's Report. 9. The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing July 1, 2016 and ending June 30, 2017. C \UserslryeffreyWppDatatLocanM.crosoh\W,naowsxTemporary Internet F,Ies\Content Ouuook\Sj4P857V\RES PPBID Format -on Foal PH 6 15 +6 ooc Page 2 Resolution No. 2016-67 10. 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 at a regular meeting of the Palm Desert City Council, held on this day of , 2016, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT A. SPIEGEL, MAYOR CITY OF PALM DESERT ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA C tUsersVpHreyWppData\LocanMicrosoti�Winoows\Temporary Internet Fdes\Content 0uUook\SJ4P85TVNR E S• PPBI D.Formation Final PH 6 15 16 MC Page 3 Sanchez, Gloria From: Email, TDS-Legals <legals@thedesertsun.com> Sent: Monday, June 13, 2016 10:27 AM To: Sanchez, Gloria Subject: RE: Legal Notice - Public Hearing July 14, 2016 - Res No. 2016-47 Presidents Plaza III BID Good Morning, Ad rt,c civ ed and III publish cm date(5) re.luested. Charlene Moeller I Customer Care Representative / Legals The Desert Sun Media Group 750 N. Gene Autry Trail, Palm Springs, CA 92262 t 760.778.4578 1 f 760.778.4528 e: leclals(@thedesertsun.com The Coachella Valley's P i Source in News 6 Advertising' v.vvw.DrSertSun corn I twitter : facebook ; i ; t This email and any files transmitted with it are confidential and intended for the Individual to whom they are addressed. If you have received this email in error, please notify the sender and delete the message from your system From: gsanchez@citvofpalmdesert.orglmailto:esanchez@citvofoalmdesert.ore] Sent: Monday, June 13, 2016 8:32 AM To: Email, TDS-Legals <lepals@thedesertsun.com> Cc: rklassen@citvofpalmdesert.ore: imoore@citvofoalmdesert.orp; tmetz@citvofoalmdesert.com; norte>?a@citvofoalmdesert.org Subject: Legal Notice - Public Hearing July 14, 2016 - Res No. 2016-47 Presidents Plaza III BID Good morning Lynne, PLEASE PUBLISH THE FOLLOWING: NOTICE OF PUBLIC HEARING Resolution No. 2016-47 — Declaring the City's Intention to Form the President's Plaza III 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 Such District the Question of Levying Assessments for Such District, Commencing Fiscal Year 2016/2017. TWICE IN THE DESERT SUN Thursday, June 30, 2016 Thursday, July 7, 2016 If you have any questions or require additional information, please do not hesitate to contact me. Thank you and have a wonderful week! RESOLUTION NO. 2016-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING THE CITY'S INTENTION TO FORM THE PRESIDENT'S PLAZA III 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 SUCH DISTRICT THE QUESTION OF LEVYING ASSESSMENTS FOR SUCH DISTRICT, COMMENCING FISCAL YEAR 2016/2017 WHEREAS, The City Council 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"), did by previous Resolution, initiate proceedings for the formation of the President's Plaza III Property and Business Improvement District (hereafter referred to as the "District"), pursuant to the provisions of the Act, and did order the preparation of a Engineer's Report and Management District Plan for said District, WHEREAS, The City Council has retained Willdan Financial Services for the purpose of assisting with the formation/renewal of the District and establishment of the assessments, and to prepare and file an Engineer's Report and Management District Plan with the City Clerk in accordance with the Act; and in accordance with the requirements of the California Constitution, Article XIIID, and WHEREAS, Willdan Financial Services has presented to the City Council the Engineer's Report and the Management District Plan, which are incorporated herein by reference, and WHEREAS, The City Council has, by previous resolution, approved the Engineer's Report and the Management District Plan, which contain a full and detailed description of the 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, THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY RESOLVE AS FOLLOWS: 1. The above recitals are true and correct. 2. The City Council hereby declares its intention to form/renew the District for a period of five years and to levy and collect assessments within the District, pursuant to the Act, to pay the annual costs of the services and improvements, as described in the Engineer's Report and the Management District Plan. The City Council has determined at this time to call for an assessment ballot proceeding. RESOLUTION NO. 2016-47 3. Callinq an assessment ballot proceedinq: Pursuant to California Constitution Article XIIID, an assessment ballot proceeding is hereby called on behalf of the District on the matter of establishing assessments for a five-year term on the properties within the District. 4. The assessment ballot proceeding for the District on the matter of authorizing the levy of the assessments, pursuant to California Constitution, Article XIIID, Section 4 consists of a ballot, included with the mailed notice required by Government Code Section 54954.6, distributed by mail, to the property owners of record within the District as of the close of the Intent Meeting. 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 14, 2016. The Public Hearing is scheduled to begin on July 14, 2016 at 4:00 p.m., at the City Council Chambers, 73-510 Fred Waring Drive, Palm Desert. At the close of the Public Hearing, the City shall open and tabulate the ballots to determine if a majority protest exits. The ballots shall be weighted according to the proportional financial obligation of the affected property. A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. 5. District Boundaries: The territory of the District is located South of Palm Desert Drive at Highway 111; North of El Paseo; West of Sage Lane; and East of Highway 74 Pines to Palms Highway as described in the Engineer's Report and the Management District Plan, which are incorporated herein by reference. The District is designated as "President's Plaza III Property and Business Improvement District." 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, and debris removal; and are more specifically described in the Engineer's Report and the Management Plan attached hereto and incorporated herein by reference. 7. Proposed Assessment Amounts: The proposed assessments are detailed in the Engineer's Report and the Management District Plan, which also detail the assessment range formula. 8. Notice of Public Hearinq(s): The City Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments for the District in accordance with Government Code, Section 54954.6 and California Constitution, Article XIIID, Section 4(e). Notice is hereby given that a Public Hearing on these matters will be held by the City Council on July 14, 2016 at 4:00 P.M., in the City Council Chambers, located at 73-510 Fred Waring Drive, Palm Desert. 9. Notice. Property owners will be provided an assessment ballot and 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 tabulated. In addition to the ballots, District property owners RESOLUTION NO. 2016-47 may file a written protest regarding the District formation 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 shall state all grounds of objection and a protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the public hearing, all interested persons shall be afforded the opportunity to hear and be heard. 10. The City Clerk is hereby authorized and directed to give notice of such hearing as provided by law. The foregoing Resolution was passed and adopted by the City Council of the City of Palm Desert on the 26th day of May, 2016, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: HARNIK, JONATHAN, NONE NONE NONE RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO FORM: TANNER, WEBER, and SPIEGEL ROBERT A. SPIEGEL, MAYOR ROBERT W. HARGREAVES, CITY ATTORNEY BEST, BEST & KRIEGER, LLP