HomeMy WebLinkAboutResolution 2015-68-70 - Presidents Plaza I Property and Business Improvement District Fiscal Year 2015 - 2016Resolution Nos. 2015-68
2015-69
2015-70
CITY OF PALM DESERT
CITY MANAGER'S OFFICE
CITY COUNCIL STAFF REPORT
REQUEST: CONSIDERATION OF ACTIONS RELATING TO PRESIDENTS
PLAZA I PROPERTY AND BUSINESS IMPROVEMENT DISTRICT
FOR FISCAL YEAR 2015/2016
SUBMITTED BY: Ryan Stendell, Senior Management Analyst
DATE: July 9, 2015
CONTENTS: Vicinity Map
Resolution No. 2015- 68
Resolution No. 2015- 69
Resolution No. 2015- 70
Preliminary Management District Plan
Preliminary Engineer's Report
Recommendation
Waive further reading and adopt:
1. Resolution No. 2015- 68 declaring the results of the property owner
protest ballot proceedings conducted for the proposed Presidents Plaza
Property and Business Improvement District assessments commencing
with fiscal year 2015/2016;
2. Resolution No. 2015- 69 approving and adopting the Management
District Plan and Engineers Report for the Presidents Plaza I Property and
Business Improvement District for fiscal year 2015/2016; and
3. Resolution No. 2015- 20 ordering the formation/renewal of the
Presidents Plaza I Property and Business Improvement District and the
levy collection of assessments for said district for fiscal year 2015/2016.
4. If approved, appropriate $225,835.00 to Fund 277 (Pres Plaza I PBID) for
operations and maintenance costs for FY15/16.
Background
The Presidents Plaza I Business Improvement District was not approved by the property
owners in August of 2013. Since that time, staff has hosted meetings with property
owners and believes that many still wish the City to handle the maintenance in the
parking area. While staff has contacted and discussed this arrangement with many
Resolution Nos. 2015-68
2015-69
2015-70
Staff Report
President's Plaza I PBID
Page 2
July 9, 2015
owners, there are still some who are not easily reached. Ballots and letters explaining
the history have been sent to each parcel owners' mailing address.
If approved, the City can collect an annual assessment to pay for landscape
maintenance, street sweeping, and parking lot lighting within the common parking lot
areas. Each fiscal year the City Council reviews and approves a budget that is set at
the first year of the district.
Staff recommends that the City Council approve the attached resolutions to count the
ballots and approve the management plan for fiscal year 2015/2016.
Fiscal Analysis
An appropriation is required to fund year one (FY15/16) expenses only if the district is
approved by the property owners. The annual budget for the BID is setup to account for
both direct and indirect costs associated with managing the parking area.
Prepared By:
yan Stendell
Senior Management Analyst
Reviewed and/Concur:
f*' '06 /)"V
Paul S. GOWn, Director of Finance
at
hn M. Wohlmuth, City Manager
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RESOLUTION NO. 2015-68
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 PROPERTY AND BUSINESS
IMPROVEMENT DISTRICT AND APPROVING CERTAIN RELATED ACTIONS, FOR
FISCAL YEAR 2015/2016
The City Council of the City of Palm Desert, California (hereafter referred to as the "City
Council") does resolve as follows:
WHEREAS, The City Council called and duly held a property owner protest
proceeding for the formation (re-establishment) of President's Plaza 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 Article XIIID, for the purpose of presenting to the qualified
property owners within the District the annual levy of assessments and maximum annual
assessments over the next five years to pay for the costs and expenses associated with
solid waste (refuse) collection services and the maintenance of parking lot landscaped
areas, the maintenance and operation of parking lot lighting facilities, the maintenance of
parking lot surface areas, 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, 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 prior to the conclusion of the Public
Hearing on July 9, 2015, weighted according to the proportional financial obligation
of the affected property.
RESOLUTION NO. 2015-68
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 9, 2015, 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 assessments and maximum
assessments allowed over the next five years.
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.
The foregoing Resolution was passed and adopted by the City Council of the City of
Palm Desert on the day of 2015, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SUSAN MARIE WEBER, Mayor
City of Palm Desert
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert
RESOLUTION NO. 2015-69
A 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 PROPERTY AND
BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2015/2016 AND
APPOINTMENT OF AN OWNERS ASSOCIATION
The City Council of the City of Palm Desert, Califomia (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 District, representing more
than 50 percent of the proposed assessments to be levied have presented to the City
Council a written petition for the formation (re-establishment ) of the District; and,
WHEREAS, the City Council pursuant to the Act, did by previous resolution
directed 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
President's Plaza Property and Business Improvement District, and the establishment of
maximum assessments to pay for the maintenance and services authorized including
solid waste (refuse) collection services; and the maintenance and operation of the
common parking lot areas including the landscaped areas, lighting facilities, parking lot
surface areas; and all appurtenant facilities and operations related thereto; and,
WHEREAS, the City Council has 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 ordered to be filed in the Office of
the City Clerk as a permanent record and to remain open to public inspection.
RESOLUTION NO.2015-69
3. Pursuant to the Act, the City Council hereby appoints the President's Plaza Owners
Association as the owners association for the District. This owners association shall
cause to be prepared a Report for each subsequent fiscal year for which
assessments are to be levied and collected. Said annual Reports 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.
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 Owners Association.
The foregoing Resolution was passed and adopted by the City Council of the City of
Palm Desert on the day of 2015, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SUSAN MARIE WEBER, Mayor
City of Palm Desert
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert
RESOLUTION No.2016-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA ORDERING THE FORMATION/RE-ESTABLISHMENT OF THE
PRESIDENT'S PLAZA PROPERTY AND BUSINESS IMPROVEMENT DISTRICT AND
THE LEVY AND COLLECTION OF ASSESSMENTS FOR SAID DISTRICT FOR
FISCAL YEAR 2015/2016
The City Council of the City of Palm Desert, Califomia (hereafter referred to as the "City
Council") does resolve 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 Property and Business Improvement District (hereafter referred to
as the "District"), and the establishment of maximum assessments to pay for the
maintenance and services authorized including solid waste (refuse) collection services;
and the maintenance and operation of the common parking lot areas including the
landscaped areas, lighting facilities, parking lot surface areas; 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 Article XIIID, for the purpose of presenting to the qualified property owners
within the District the annual levy of assessments and maximum annual assessments
over the next three years to pay 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 9, 2015,
weighted according to the proportional financial obligation of each affected property, and
the tabulation of said protest ballots returned by the property owners indicated approval of
the assessments and maximum assessments authorized over the next five years; and,
RESOLUTION No. 2015-70
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 Property and Business
Improvement District and to levy annual assessments for the duration of the five
years outlined in the Report as authorized 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 Report, that said annual assessments shall not
exceed the maximum assessments and inflationary adjustments approved by the
property owners of record and shall commence with the first fiscal year beginning
July 1, 2015 and ending June 30, 2016 to pay the costs and expenses of operating,
maintaining and servicing said improvements for the District.
4. Following notice duly given, the City Council has held a full and fair 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 has tabulated the property owner ballots returned by the close of
the noticed public hearing and has determined that the property owners have
approved the annual levy and collection of assessments and maximum
assessments over the next five years as outlined in the combined Management
District Plan and Engineer's Report, in compliance with the California Constitution
Article XIIID.
5. Based upon its review of the combined Management District Plan and Engineer's
Report, copies of which have been presented to the City Council and which is on file
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. The District includes all of the lands so benefited and is inclusive of all parcels
identified on the assessment diagram of the District; 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, 2015 and
ending June 30, 2016 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.
RESOLUTION NO. 2015-70
d. The assessments so described in the combined Management District Plan and
Engineer's Report are consistent with the assessments approved by the property
owners within the District.
6. The Management District Plan and 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 be
presented to the County Auditor/Controller of Riverside commencing with Fiscal
Year 2015/2016. 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 Property
and Business Improvement District, and such money shall be expended only for the
improvements described in the Management District Plan.
9. The adoption of this Resolution constitutes the District levy for the Fiscal Year
commencing July 1, 2015 and ending June 30, 2016.
10. The City Clerk is hereby authorized and directed to file the levy with the County
Auditor upon adoption of this Resolution.
RESOLUTION NO. 2015-70
The foregoing Resolution was passed and adopted by the City Council of the City of
Palm Desert on the day of 2015, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SUSAN MARIE WEBER, Mayor
City of Palm Desert
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert
27368 Via Industria
Suite 200
Temecula. CA 92590
T 951.587.3500 1 800.755.6864
F 951.587.3510
www.wilidan.com/financial
ENGINEER'S REPORT AFFIDAVIT
City of Palm Desert
President's Plaza
Property and Business Improvement District
City of Palm Desert
Riverside County, State of Califomia
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 2015/2016 for a period of three 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 2�4h day of 5vAe . 2015.
Willdan Financial Services
Assessment Engineer
On Behalf oUIW City of Palm rt
Q
By.
Jim M uire,
Principal Consultant
iL
By:
Richard Kopedry
R. C. E. # 16742 '
OF
TABLE OF CONTENTS
OVERVIEW.............................................................................................................. 1
INTRODUCTION.............................................................................................. 1
FORMATION................................................................................................... 2
DESCRIPTION OF THE DISTRICT................................................................................4
DISTRICTBOUNDARY.....................................................................................4
IMPROVEMENTS AND ACTIVITIES......................................................................4
SPECIAL BENEFITS.........................................................................................5
METHOD OF APPORTIONMENT.................................................................................. 8
METHOD OF APPORTIONMENT RATIONALE....................................................... 8
PARKING LOT IMPROVEMENTS AND SERVICES ................................................... 8
SOLID WASTE (REFUSE) COLLECTION SERVICES...............................................8
METHOD OF APPORTIONMENT CALCULATIONS ................................................ 11
APPORTIONMENT OF DIRECT COSTS............................................................... 12
APPORTIONMENT OF INDIRECT COSTS............................................................ 14
TOTAL ANNUAL ASSESSMENT......................................................................... 14
ANNUAL BUDGET ADJUSTMENTS.................................................................... 15
DESCRIPTION OF BUDGET ITEMS............................................................................ 16
DIRECT BENEFIT COSTS............................................................................... 16
INDIRECT BENEFIT COSTS............................................................................ 17
LEVY BREAKDOWN....................................................................................... 17
DISTRICT STATISTICS................................................................................... 18
DISTRICT BUDGET........................................................................................ 19
APPENDIX A -ASSESSMENT DIAGRAM..................................................................... 1
APPENDIX B - PARCEL INFORMATION........................................................................ 1
APPENDIX C -ASSESSMENT ROLL........................................................................... 3
WILLIDAN
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OVERVIEW
Introduction
The City of Palm Desert ("City") previously 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. Pursuant to the Act, property owners
within the District submitted a signed petition requesting formation of the District.
The District was successfully formed for a term of five years ending in Fiscal
Year 2002/2003. Subsequently, the District was renewed for five year terms in
Fiscal Year 2003/2004 and Fiscal Year 2008/2009 with Fiscal Year 2012/2013
being the last year of the five year term. For five year 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, hereinafter referred to as "Proposition 218" or Constitution". In
Fiscal Year 2013/2014 the property owner protest balloting for the proposed third
renewal of the Management District Plan and assessments was unsuccessful
and the District assessments ended in Fiscal Year 2102/2013. However, since
the unsuccessful renewal of the District in Fiscal Year 2013/2014, property
owners within the District have expressed a strong desire to reestablish the
District.
This combined Management District Plan and Engineer's Report hereinafter
referred to as "Plan" or "Report", is presented for consideration by the property
owners within the area known and commonly referred to as President's Plaza, to
seek their support for the organization of a business improvement district in
accordance with the provisions of the Property and Business Improvement
District Law of 1994, Streets and Highways Code Section 36600 et. seq.,
hereinafter referred to as the "Act." This is the Management District Plan required
by Section 36622 of the Act, for the proposed formation and establishment of the
President's Plaza Property and Business Improvement District hereinafter
referred to as "District" or "PBID", to fund services and activities to improve and
convey special benefits to properties located within the boundaries of the District.
This Report describes the PBID, improvements and activities, method of
apportionment, the proposed assessments commencing in Fiscal Year
2015/2016, and the maximum assessment for the five-year duration proposed for
this 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 estimated costs of
improvements, activities, and operations include anticipated expenditures,
deficits, surpluses, revenues, and reserves.
President's Plaza PBID Renewal
Page 1
OWWILLIDAN
i
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.
All benefits derived from the assessments outlined in the Management District
Plan and Engineer's Report are for services directly benefitting the property and
business owners within this specialized district and are intended to support and
enhance commerce, business and the overall safety, image and functionality
within this commercial core. All services, projects, maintenance, and professional
and administration services are provided solely to properties within the PBID to
enhance the image and viability of properties and businesses within the
President's Plaza Property and Business Improvement District (PBID)
boundaries and are designed only for the direct special benefit of the assessed
properties. No services will be provided to non -assessed parcels outside the
PBID boundaries.
Formation
A written petition of the property owners within the PBID, representing more than
50 percent of the proposed assessment to be levied must be submitted to the
Palm Desert City Council in order to proceed with the District formation. After the
required signatures have been submitted to the City, the City Council may initiate
proceedings for the renewal of the District by adopting a resolution expressing its
intention to form the PBID and ballot the property owners for the proposed
assessments in accordance with the provisions of the Constitution. The
resolution of intention will reference the Management District Plan and the
Engineer's Report (combined herein as one document), and will provide notice of
the time and place of a public hearing on the re-establishment (formation) of the
PBID and levy of assessments.
Within 90 days of adopting the resolution of intention, the City Council may hold a
public hearing on the matter, and cause notice to be provided to the property
owners pursuant to Section 54954.6 of the Government Code. Assessment
ballots (property owner protest ballots) shall be 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 may provide the public and property
owners the opportunity to provide oral protests and written protests prior to the
adoption of the Management District Plan. Pursuant to the California Constitution
Article XIIID, the City Council will tabulate property owner assessment ballots
received from property owners in order to determine whether majority protest
exists. This tabulation will occur after the close of the Public Hearing.
President's Plaza PBID Renewal Page 2
WILLDAN I
Rruncid SWAM
If the property owners approve the renewal of the District and imposition of the
assessments, the City Council will appoint an owners association for the District.
This owners association shall make recommendations to the City Council
regarding the expenditures of revenue derived from the levy of assessments and
on the classification of properties as applicable. This owners association shall
cause to be prepared an annual 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 PB/D Renewal Page 3
i
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 proposed 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
The improvements and activities to be funded through the District for the special
benefit of properties within the PBID generally include the maintenance,
servicing, and operation of the following:
• 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.
Properties within the District shall be proportionately assessed annually for 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 and debris; the cleaning,
sandblasting, and repainting of walls and other improvements to remove or cover
President's Plaza PB/D Renewal Page 4
5 - F WD Savim
graffiti; providing for the growth, health and beauty of landscaping and lighting
including cultivation, trimming, spraying, fertilizing or treating for disease or
damage; and supplying necessary irrigation and electrical energy for the
improvements; as well as solid waste and refuse collection services.
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
All assessed properties within the District receive special benefits from 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:
➢ Enhanced deterrence of crime and the aid to police protection;
➢ Increased nighttime safety for patrons and employees;
➢ Improved visibility for pedestrians and motorists;
➢ Improved ingress and egress to property;
➢ Reduced vandalism and other criminal acts and damage to improvements or
property;
➢ Enhanced aesthetic appeal of the parking areas and the properties that are
associated with the parking areas;
➢ Increased promotion of business activities and opportunities during nighttime
hours; and,
➢ 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:
➢ Improved aesthetic appeal of the parking areas and nearby parcels;
➢ Improved dust control;
➢ Enhanced adaptation of the urban environment within the natural
environment;
President's Plaza PB/D Renewal Page 5
WWILLDAN I
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Improved traffic circulation;
A positive representation of the businesses within the District;
Centralized locations for refuse collection facilities; and,
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:
Enhanced aesthetic appeal of the parking areas and the properties that are
associated with the parking areas;
Improved dust control;
A positive representation of the businesses within the District; and
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:
Increased safety to automobile, truck and pedestrian traffic within the parking
areas and to the properties that are associated with the parking areas;
Improved traffic circulation within the parking areas;
Enhanced aesthetic appeal of the parking areas and the properties that are
associated with the parking areas;
Improved dust control;
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 are identified as providing 100% special benefit to parcels within
the District.
President's Plaza PBID Renewal Page 6
WILLDAN
:i
The City recognizes that the Presidents Plaza Parking areas are important to our
retail corridors of Hwy 111 and El Paseo. The City is currently in the process of
updating its General Plan including a downtown commercial core corridor plan,
and a large part of that study is how parking is arranged, including President's
Plaza. It is likely that the City will have new ideas of how to utilize parking
throughout its commercial core as the General Plan is approved. The General
Plan is anticipated to be completed in January 2016.
President's Plaza PBID Renewal Page 7
ViWILLDAN I
Fro+ew SWAM
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 the District 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
consist 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) are not assessed. These parcels are
considered to be part of the improvements and maintenance and therefore
receive no special benefit.
In determining the method of apportionment for the 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.
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In determining the method of apportionment for refuse collection services, the
possibility of factoring in business types as well as building square footage was
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
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
report (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 — The proposed five year assessment rates
for the District incorporate an annual assessment adjustment to provided for
anticipated cost of living increases (inflation), but also allows 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 — A baseline assessment rate and level of
service has been 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 owners
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
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
President's Plaza PB/D Renewal Page 10
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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 owners 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.
The following table (Table 1) provides the proposed Refuse assessment rates for
Fiscal Year 2015/2016 through Fiscal Year 2019/2020.
Table 1: Building Size Proposed Rates
Fiscal Year 2015/2016 $0.5059
Fiscal Year 2016/2017 $0.5211
Fiscal Year 2017/2018 $0.5367
Fiscal Year 2018/2019 $0.5528
Fiscal Year 2019/2020 $0.5694
There are currently forty-two (42) developed commercial properties within the
District that are assessed for refuse collection services based on their
approximate proportional building square footage of the total 288,900 square
feet. (Refer to the Assessment Roll for individual parcel Refuse assessments).
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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
mechanical sweeping of the parking lot, within President's Plaza. This Total Lot
Cost divided by the applied parking lot Total Front Footage (3,735 Linear Feet),
establishes a Rate per front foot. This Rate is multiplied by each parcel's applied
front footage (proportional front footage) to calculate the parcel's proportionate
share of the parking lot maintenance costs.
Total Lot Cost / 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.
The following table (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
$13.4465
Fiscal Year 2016/2017
$13.8499
Fiscal Year 2017/2018
$14.2654
Fiscal Year 2018/2019
$14.6933
Fiscal Year 2019/2020
$15.1341
Each assessed parcel within the District receives 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.
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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.
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
The following table (Table 3) provides a summary of the District's estimated
Indirect Cost amounts for Fiscal Year 2015/2016 through Fiscal Year 2019/2020.
Table 3: Total Proposed Indirect Costs
Fiscal Year 2015/2016
$27,765.71
Fiscal Year 2016/2017
$28,598.68
Fiscal Year 2017/2018
$29,456.64
Fiscal Year 2018/2019
$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.
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Annual Budget Adjustments
For the five years of the term of the PBID renewal, annual assessments may be
adjusted by the President's Plaza I 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 outlined in (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.
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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 Defiicit/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
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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.
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District Budget
The District Budget shown on the following page (Table 4) lists the estimated
costs of providing the various improvements and services over the proposed 5-
year term of the PBID. The costs and the resulting rate for each Fiscal Year are
based on the estimated costs to provide the improvements and services that
year. The projected annual costs anticipate over the five-year duration of the
District assessments has been calculated based on an annual inflationary factor
of three percent (3%) from the first fiscal year (Fiscal Year 2015/2016). 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 an assessment balloting proceeding.
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Table 4: Five Year Proposed Budget Plan
Direct Benefit Costs
Landscape Maintenance Costs
$
7,271
$
7,490
$ 7,714
$ 7,946
$
8,184
Landscape Utilities
5,703
5,874
6,050
6,232
6,419
Landscape Repairs
4,990
5,140
5,294
5,453
5,616
Lighting
14,256
14,684
15,124
15,578
16,046
Sweeping Services
5,703
5,874
6,050
6,232
6,419
Parking Lot Maintenance
12,299
12,668
13,048
13,439
13,842
Service Subtotal (Based on parking lot footage)
$
50,223
$
51,729
$ 53,281
$ 54,880
$
56,526
Solid Waste Removal Services
146,155
150.540
155.056
159. 708
164.499
Service Subtotal (Based on building square footage)
$
146,155
$
150,540
$ 155,056
$ 159,708
$
164,499
Total Direct Benefit
196,378
$
202,269
$ 208,337
$ 214,588
$
221,025
Indirect Costs
District Administration
13,097
13,490
13,895
14,312
14,741
County Administration Fee
171
176
182
187
193
County Per Parcel Fee
17
17
18
18
19
Miscellaneous Expenses
6,353
6,544
6,740
6,942
7,150
Administrative Subtotal
$
19,638
$
20,227
$ 20,834
$ 21,459
$
22,103
Reserve Fund Collection (5%)
9,819
10,113
10,417
10,729
11.051
Total Indirect Cost
$
29,457
$
30,340
$ 31,251
$ 32,188
$
33,154
Levy Breakdown
Total Direct and Indirect Costs
225,835
232,610
239,588
246,776
254,179
Anticipated Deficit or Surplus
-
-
-
-
-
Other Revenue Sources
Balance to Levy
$225,834.76
$ 232,609.80
$239,588.09
$246,775.74
$254,179.01
% increase
3 00%
3.00%
3.00%
3.00%
District Statistics
Total Parcels
46
46
46
46
46
Total Parcels To Levy
42
42
42
42
42
Total Building Square Footage
288,900
288,900
288,900
288,900
288,900
Total Front Footage (Parking Lot)
3,735
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
$
13.4465
'$
13.8499 '$
14.2654 '$
14.6933
'$
15.1341
% increase
3.00%
3.00%
3.00%
3.00%
Levy Rate for Admin/Reserves (')
15.00%
15.00%
15.00%
15.00%
15.00%
Reserve Fund Balance
Previous Balance
111,472
121,291
131,405
141,822
152,551
Estimated Ending Balance
121,291
131,405
141,822
152,551
163,602
(1) Total Indirect costs including a 5% collection for reserves are 15% of the total Direct Benefit costs.
Sources: City of Palm Desert; Willdan Financial Services
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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.
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APPENDIX B - PARCEL INFORMATION
The parcel information for properties within the District shown on the following
page (Table 5) lists the building square footage and front footage, used in
calculating each parcel's proportionate special benefits and share of the District
Costs.
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Table 5: Parcel Information
1
627-212-002
73669
HIGHWAY 111
50.00
%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 PASEO
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 PASEO
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
%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 PASEO
50,00
50.00
5,300
5,300
17
627-221-009
73750
EL PASEO
50,00
%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
%
3,900
3.900
26
627-222-021
50.00
50.00
3,762
3.800
27
627-222-024
73900
EL PASEO
50.00
50.00
5,050
5,100
28
627-222-025
73910
EL PASEO
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
5,000
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
627-2224)44
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
lot and parcel 627-222-042 is an easement/walkway. These
parcels are not
assessed and therefore not
assigned an
Assessment Number
Sources:
Riverside County Secured Roll; Willdan Financial Services
President's Plaza PBID Renewal
Page B-2
V WILLDAN
I
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 Report 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.
President's Plaza PSID Renewal
Page C-3
�WILLDAN I
A. s.r...
Table 6: Assessment Roll
1
627-212-002
73669
HIGHWAY 111
$672.32
$1,973.02
$396,80
$3,042.15
2
627-212-003
73677
HIGHWAY 111
2,689.30
4,401.36
1,063.60
8,154.25
3
627-212-004
73731
HIGHWAY 111
1,344.65
4,300.18
846.72
6.491.55
4
627-212-005
73640
EL PASEO
2,285.90
6,121.43
1,261.10
9.668.43
5
627-212-006
73660
EL PASEO
672.32
2,934.24
540.98
4,147.54
6
627-212-009
73690
EL PASEO
672.32
4,148.41
723.10
5.543.83
7
627-212-010
73700
EL PASEO
672.32
1,618.89
343.68
2,634.89
8
627-212-011
73710
EL PASEO
672.32
2,529.52
480.28
3,682.12
9
627-212-012
73722
EL PASEO
672.32
1,214.17
282.98
2,169.47
10
627-212-014
73730
EL PASEO
672.32
2,529.52
480.28
3,682.12
11
627-212-015
73625
HIGHWAY 111
2,958.23
10,623.97
2,037.32
15,619.51
627-212-016
0.00
0.00
0.00
0.00
12
627-212-017
73670
EL PASEO
1,344.65
5,160.21
975.72
7,480.58
13
627-221-001
73741
HIGHWAY 111
672.32
2.428.34
465.10
3,565.76
14
627-221-002
73759
HIGHWAY 111
672.32
2,428.34
465.10
3,565.76
15
627-221-004
45145
SAN LUIS REY AV
2,890.99
9.207.44
1,814.76
13,913.19
16
627-221-008
73740
EL PASEO
672.32
2,681.29
503.04
3,856.65
17
627-221-009
73750
EL PASEO
672.32
2,327.16
449.92
3,449.40
18
627-221-010
73801
HIGHWAY 111
3,025.46
809.45
575.24
4,410.14
627-221-011
0.00
0.00
0.00
0.00
19
627-222-002
73845
HIGHWAY 111
672.32
2,225.97
434.74
3.333.04
20
627-222-003
73851
HIGHWAY 111
672.32
1.669.48
351.28
2,693.08
21
627-222-004
73861
HIGHWAY 111
672.32
1,669.48
351.28
2,693.08
22
627-222-005
73873
HIGHWAY 111
672.32
1.517.71
328.50
2,518.53
23
627-222-008
73891
HIGHWAY 111
1.344.65
3,389.55
710.12
5,444.32
24
627-222-014
73965
HIGHWAY 111
672.32
2,377.75
457.52
3,507.59
25
627-222-015
73981
HIGHWAY 111
672.32
1,973.02
396.80
3,042.15
26
627-222-021
672.32
1,922.43
389.22
2,983.98
27
627-222-024
73900
EL PASEO
672.32
2,580.11
487.86
3,740.29
28
627-222-025
73910
EL PASEO
672.32
2,529,52
480.28
3,682.12
29
627-222-026
73920
EL PASEO
672.32
2,529.52
480.28
3,682.12
30
627-222-027
73930
EL PASEO
672.32
2,630.70
495.46
3,798.48
31
627-222-028
73940
EL PASEO
672.32
2,529.52
480.28
3.682.12
32
627-222-029
73950
EL PASEO
672.32
2,428.34
465.10
3,565.76
33
627-222-030
672.32
2,529.52
480.28
3.682.12
34
627-222-034
73925
HIGHWAY 111
1.344.65
3,187.19
679.78
5,211.62
35
627-222-038
73890
EL PASEO
1,344.65
5,008.44
952.96
7.306.05
36
627-222-041
73885
HIGHWAY 111
1,008,49
2,984.83
599.00
4,592.32
627-222-042
0.00
0.00
0.00
0.00
627-222-043
45211
PORTOLA AVE
0.00
0.00
0.00
0.00
37
627-222-044
73990
EL PASEO
1,882.51
6,728.51
1,291.66
9.902.68
38
627-222-048
73941
HIGHWAY 111
1,344.65
3,946.05
793.60
6,084.29
39
627-222-052
73820
EL PASEO
3,361.62
5,919.07
1,392.10
10.672.79
40
627-222-053
73833
HIGHWAY 111
2,016,97
4,148.41
924.80
7,090.18
41
627-222-055
73970
EL PASEO
1,344.65
7,588.55
1,339.98
10,273.18
42
627-222-058
73993
HIGHWAY 111
1,882.51
4,704.90
988.12
7,575.53
Total
$60,222.69
$146,155.45
$29,4W.72
$225,834.77
Sources:
Riverside County Secured Roll; Willdan
Financial Services
President's Plaza PBID Renewal Page C-4
Sanchez, Gloria
From: Moeller, Charlene <CMOELLER@palmspri.gannett.com>
Sent: Wednesday, June 03, 2015 1:24 PM
To: Sanchez, Gloria
Subject: RE: Legal Notice - Res 2015-46 - PH 07/09/2015 President's Plaza PBID Rstblshmnt
Hi Gloria
Ad 1-CCC -Cd rind Will pLiblish can clatc(�,) 1-C(.1Lletrd.
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
ley:-als(c thedesertsun.com / dpwlegals@thedesertsun.com
The Coachella Valley's 41 Source in News & Advertising'
www.DesertSun_Com I twitter @MyDesert I facebook thedesertsun
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@cityofpalmdesert.org(mailto:gsanchez@cityofpalmdesert.org]
Sent: Wednesday, June 03, 2015 11:25 AM
To: Email, TDS-Legals
Cc: rklassen@cityofpalmdesert.org; rstendell@cityofpalmdesert.org
Subject: Legal Notice - Res 2015-46 - PH 07/09/2015 President's Plaza PBID Rstblshmnt
PLEASE PUBLISH THE FOLLOWING:
NOTICE OF PUBLIC HEARING
Resolution No. 2015-46 — Declaring the City's Intention toform the President's Plaza Business
Improvement District and to Levy and Collect Assessments Therek6 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
2105/2016.
TWICE IN THE DESERT SUN
Thursday, June 25, 2015
Thursday, July 2, 2015
If you have any questions or require additional information, please contact me.
Thank you, Charlene! 0
RESOLUTION NO. 2015-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DECLARING THE CITY'S INTENTION TO FORM THE
PRESIDENT'S PLAZA 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 2015/2016
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 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, A Management District Plan and Engineer's Report (combined
Report) regarding the formation of the District and establishment of assessments has
been prepared and filed with the City Clerk in accordance with the Act and the California
Constitution, Article XIIID, and said Report has been presented to the City Council and is
incorporated herein by reference, and
WHEREAS, The City Council has, by previous resolution, approved the
combined Management District Plan and Engineer's Report, 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
three 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.
3. Calling an assessment ballot proceeding: 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 three-year term on the properties within the
District.
RESOLUTION NO. 2015-46
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 9, 2015. The Public Hearing is scheduled to begin on Thursday, July
9, 2015, 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 Portola Avenue; and East of Larkspur
Lane 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
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, debris removal, and maintenance of parking
lot surface areas; 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 Hearing(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 July
9, 2015 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
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.
RESOLUTION NO. 2015-46
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 28th day of May, 2015, by the following vote:
AYES:
HARNIK, JONATHAN, SPIEGEL, TANNER, and WEBER
NOES:
NONE
ABSENT:
NONE
ABSTAIN:
NONE
Susan Marie Weber, Mayor
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA