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HomeMy WebLinkAboutSupplemental - xXIIA Initiation of proceedings to form President's Plaza Parking and BID - Replacement report CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT INTEROFFICE MEMORANDUM To: City Council From: Chris Gerry, Project Manager Date: May 11, 2022 Subject: Action Item A – Approve the initiation of proceedings to form the Presidents’ Plaza Property and Business and Improvement District, and to levy and collect assessments therein; the Management District Plan and, preliminarily, the Engineer’s Report; and an assessment ballot proceeding so that qualified property owners within the district may vote on the levying of district assessments. The consultant has submitted a revised Engineer’s Report and Management District Plan (Plan). Revisions include a correction to Table 5 (District Budgets) and Table 7 (Assessment Rolls). The attached Plan replaces the existing document. Attachments A. Fiscal Year 2022-23 Engineer’s Annual Levy Report (Preliminary) City of Palm Desert Presidents’ Plaza Property and Business Improvement District MANAGEMENT DISTRICT PLAN AND ENGINEER’S REPORT FISCAL YEAR 2022/2023 TO 2026/2027 INTENT MEETING: MAY 12, 2022 PUBLIC HEARING: JULY 14, 2022 PUBLIC HEARING:JUNE 25,2020 27368 Via Industria Suite 200 Temecula, CA 92590 T 951.587.3500 | 800.755.6864 F 951.587.3510 www.willdan.com ENGINEER'S REPORT AFFIDAVIT City of Palm Desert Presidents’ Plaza I 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 2022/2023 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 ______________, 2022. Willdan Financial Services Assessment Engineer On Behalf of the City of Palm Desert By: ________________________________ Stacee Reynolds, Senior Project Manager By: ________________________________ Tyrone Peter PE # C81888 TABLE OF CONTENTS I. OVERVIEW........................................................................................................................ 1 Introduction 1 Renewal/Formation 2 II. DESCRIPTION OF THE DISTRICT .................................................................................... 3 District Boundary 3 Improvements and Activities 3 Capital Improvement Projects 4 Special Benefits 4 III. METHOD OF APPORTIONMENT ..................................................................................... 6 Method of Apportionment Rationale 6 Parking Lot Improvements and Services 6 Solid Waste (Refuse) Collection Services 6 Method of Apportionment Calculations 8 Apportionment of Direct Costs 9 Apportionment of Indirect Costs 10 Total Annual Assessment 10 Annual Budget Adjustments 11 IV. DESCRIPTION OF BUDGET ITEMS ................................................................................ 12 Direct Benefit Costs 12 Indirect Benefit Costs 12 Levy Breakdown 13 District Statistics 13 District Budget 14 APPENDIX A — ASSESSMENT DIAGRAM ................................................................................ A1 APPENDIX B – PARCEL LEVY INFORMATION ........................................................................... B1 APPENDIX C —ASSESSMENT ROLL ....................................................................................... C1 2022/2023 Presidents’ Plaza Property and Business Improvement District Page 1 I.Overview Introduction The City of Palm Desert (City) previously formed and established the Presidents ’ Plaza Property and Business Improvement Assessment District (District) beginning in Fiscal Year (FY) 1998/1999 to provide improvements and activities that confer special benefits upon real property within the boundaries of the District. The District was established and levied pursuant to Property and Business Improvement District Law of 1994, Part 7 of Division 18 of the California Streets and Highways Code (the Act). Pursuant to the Act, property owners within the District submitted a signed petition requesting formation of the District. For each term, a maximum assessment was approved by the property owners through an assessment ballot proceeding, conducted according to provisions of the California Constitution Article XIIID (Proposition 218). The District was successfully formed for a term of five years ending in FY 2002/2003. Subsequently, the District was renewed for a five-year term in FY 2003/2004, 2008/2009 and 2015/2016. In FY 2020/2021, the District was renewed for two years as the cost of improvements could not be estimated for a five-year time period. Under the provisions of the Act, property owners within the District may renew the District for a maximum term of ten (10) years. 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 Presidents’ Plaza, to seek their support for the organization of a business improvement district in ac cordance 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 and Engineer’s Report required by Section 36622 of the Act, for the proposed formation and establishment of the Presidents’ 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 p roperties located within the boundaries of the District. This Report describes the PBID, improvements and activities, method of apportionment, proposed assessments for the current fiscal year, and maximum assessment proposed for the five -year duration of the re-formed District. The proposed assessments are based on the estimated cost to provide the improvements, activities, and operations that provide a direct and special benefit to properties within the District. The costs of improvements, activities, and operations include all expenditures, deficits, surpluses, revenues , and reserves. The word “property,” for the purposes of this Plan, refers to real property situated within the District, and identified as an individual property or parcel assigned its own Assessor’s Parcel Number (APN) by the County of Riverside Assessor’s Office. The County of Riverside Auditor/Controller uses APNs to identify on the tax roll parcels and properties assessed for taxes, special assessments, and fees and charges. 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 properti es and businesses within the 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. 2022/2023 Presidents’ Plaza Property and Business Improvement District Page 2 Renewal/Formation A written petition of the property owners within the PBID, representing more than 50 % of the proposed assessment to be levied was submitted to the Palm Desert City Council in order to proceed with the District renewal/formation. After the required signatures have been submitted to the City, the City Council initiated 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 o f the Constitution. The resolution of intention references the Management District Plan and Engineer’s Report and provides notice of the time and place of a public hearing on the re -establishment of the PBID and levy of assessments. Within 90 days of adopting the resolution of intention, the City Council will hold a public hearing on the matter and caused notice to the property owners pursuant to Section 54954.6 of the Government Code. Assessment ballots (property owner protest ballots) will be mailed to each property owner at least 45 days prior to the public hearing pursuant to the California Constitution. Pursuant to the Code, the City Council will also cause the publication of the resolution of intention in a newspaper of general circulation; mail the r esolution of intention by first-class mail to each property owner in the District and to each local chamber of commerce and business organization located within the District. At the public hearing, the City Council will provide the public and property owne rs an opportunity to provide oral protests and written protests prior to the adoption of the Management District Plan. Pursuant to the California Constitution, the City Council will tabulate property owner assessment ballots received from property owners to determine whether a majority protest exists. If it is determined and declared by resolution that majority protest does not exist, then the property owners will have confirmed and approved the assessments. If the property owners approve the renewal of the District and imposition of the assessments, the City Council can appoint an owner’s association for the District. This owner’s association shall make recommendations to the City Council regarding the expenditures of revenue derived from the levy of assess ments and on the classification of properties as applicable. This owner’s association can 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. 2022/2023 Presidents’ Plaza Property and Business Improvement District Page 3 II. Description of the District District Boundary The District consists of all parcels located in the commercial business area known as the Presidents ’ Plaza within the City of Palm Desert, County of Riverside. The District includes forty-two (42) assessed commercial parcels, three (3) non-contiguous and non-assessed parking lot parcels, and one (1) non-assessed easement/walkway parcel. The boundary of the District and 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. Presidents’ Plaza is commonly referred to as Presidents’ Plaza East (area east of San Luis Rey Avenue); and Presidents ’ Plaza West (area west of San Luis Rey Avenue) located within the boundaries of the District. Improvements and Activities To enhance and improve business opportunities and the appearance of Presidents ’ Plaza, the City financed and managed capital improvements of the parking lot and landscaped and common areas related to this commercial business center. Additional information regarding the improvements is found in the next section. It has been determined the properties within the District and the businesses associated with those properties receive special and distinct benefits from the improvements a nd activities to be funded through the assessments. The improvements include the necessary activities, services, operation, administration, and maintenance required to keep the improvements in satisfactory condition including labor, material, and equipment. The services may include, but are not limited to, regular maintenance, repair, removal or replacement of all or any part of the improvements, including patching of asphalt, slurry sealing, and striping of the parking lot areas; removal of trimmings, rubbish, debris and other solid waste; the cleaning, sandblasting, and repainting of walls and other improvements to remove or cover graffiti; providing for the growth, health and beauty of landscaping and lighting including cultivation, trimming, spraying, fe rtilizing 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: Includes, but not limited to, ground cover, shrubs, trees, plants, irrigation, and drainage systems and associated appurtenant facilities.  Parking Lot Lighting Facilities: Includes, but not limited to, bulbs, fixtures, poles, wiring, and electrical energy.  Debris Removal: Includes, but not limited to solid waste containers, refuse collection services, and continual sweeping services of the parking lot.  Parking Lot Maintenance: Includes, but not limited to, short and long-term maintenance improvements such as patching of asphalt, slurry sealing, and parking lot striping required to properly maintain and ensure the satisfactory condition of parking lots and appurtenant facilities. The costs associated with the improvements are equitably spread among all benefiting parcels in the District utilizing the method of apportionment described in the Method of Apportionment section of this Plan. The total funds collected shall be dispersed and used for only the services and operations provided to the District. 2022/2023 Presidents’ Plaza Property and Business Improvement District Page 4 Capital Improvement Projects As a privately owned shared parking facility, Presidents’ Plaza east and west parking lots were last rehabilitated in 1997. Since then, these aging and heavily used parking lots required a major rehabilitation, including to its asphalt concrete pavement, utility infrastructure, landscape areas and pedestrian walkways. As a result of the conditions, a major renovation was undertaken by the City of the east and west parking lots. This project, which costs approximately $11.5 million, began in June 2021, and is anticipated to be completed in summer 2022. Approximate improvements include, but are not limited to:  Grading to address drainage issues.  Asphalt concrete pavement and striping (260,000 square feet).  Upgrades to domestic water, wastewater, communications, and underground electrical systems.  Enhanced pedestrian walkways (20,000 square feet).  Water lines (15,000 linear feet).  Curb and gutter (11,000 linear feet).  Decorative pavers (10,000 square feet).  Drought-tolerant landscaping and planters.  Lighting fixtures (174).  Parking shade structures (22).  Trash enclosures (14).  Benches and chairs (5). During construction, the contractor encountered various existing public and private utilities in conflict with the project, which had to be relocated by the contractor and/or utility companies as well. Special Benefits All assessed properties within the District receive special benefits from one or more of the improvements and activities funded through the District assessments. Specifically, utilities (lighting and water), landscape maintenance and repairs, sweeping services, short and long-term parking lot maintenance, and refuse collection services. Lighting The special benefits of lighting (parking lot lights) are for the convenience, safety, and security of property, improvements, and goods. Specifically:  Enhanced deterrence of crime and the aid to police protection.  Increased evening 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 parking areas and adjacent properties. 2022/2023 Presidents’ Plaza Property and Business Improvement District Page 5  Increased promotion of business activities and opportunities during evening hours.  The special economic enhancement to the properties and their ability to attract and sustain business and commercial activity because of the benefits identified above. Landscape The special benefits of landscaped islands and medians within the parking lots include:  Improved aesthetic appeal of the parking areas and adjacent properties.  Enhanced adaptation of the urban environment within the natural environment.  A positive representation of the businesses within the District.  The special economic enhancement to the properties and their ability to attract and sustain business and commercial activity because of the benefits identified above. Debris Removal Debris removal (parking lot sweeping) and refuse collection are essential and necessary activities for all properties, especially for 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 of these services include:  Enhanced aesthetic appeal of the parking areas and adjacent properties.  Improved dust control.  A positive representation of the businesses within the District.  A centralized location of refuse collection facilities.  Availability of refuse collection services that would otherwise require individual facilities that could be cost prohibitive and physically restrictive. Parking Lot Maintenance Parking lot maintenance is an essential and necessary activity for all propertie s, especially for commercial properties. This improvement is funded through the assessments solely for the special benefit of properties within the District. The benefits of these services include:  Increased safety to automobile, truck, and pedestrian traffic and to properties.  Improved traffic circulation within the parking areas.  Enhanced aesthetic appeal of the parking areas and adjacent properties.  Improved dust control.  The special economic enhancement to the properties and their ability to attract and sustain business and commercial activity because of the benefits identified above. The continual operation and maintenance of the landscaping, lighting, debris, 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. 2022/2023 Presidents’ Plaza Property and Business Improvement District Page 6 III. 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 in Presidents’ Plaza are adjacent to centralized parking facilities (lots) that provide access, parking, and delivery areas for the businesses and par cels within the District. Each parcel derives special benefit from the parking lot improvements and services necessary to maintain the parking lot. The improvements and services include landscape maintenance of several islands and medians; maintenance and operation of lighting facilities, short and long-term parking lot maintenance, and sweeping services. Each assessed parcel within the District receives a direct and special benefit from these improvements and will share proportionately in the cost of maintaining the parking lots. The parking areas consists of the three - complete parking lot areas along with portion of parking areas throughout the District. The three parcels that are entirely parking lots (627-212-016; 627-221-011; and 627-222-043), and one easement/walkway parcel (627-222-042) receive no special benefit from the improvements and will not be assessed. In determining the method of apportionment for these improvements, each parcel’s benefit is based on the parking area adjacent to, and associated with, each parcel. Therefore, it has been determined that a fair and reasonable reflection of each parcel’s benefit for the parking lot improvements shall be based on the approximate front footage adjacent to the parking areas. Most parcels within the District front the parking lots on only one side. To ensure a reasonable and equitable apportionment of special benefit, parcels that front the parking lot on more than one side (corner properties), are only assessed for their front footage along the side of their property adjacent to the parking lot. Solid Waste (Refuse) Collection Services Establishing separate refuse receptacles for each parcel or business within Presidents ’ 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 Presidents’ Plaza have shared proportionately in the costs associated with refuse collection based on the building square footage of the structures on each parcel. In determining the method of apportionment for refuse collection services, the possibility of factorin g 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 were unchanged. Finally, the level of service (number of pick-ups and receptacles) has changed very little over the last several years. Although many of the businesses and business types have changed within the District, the total cost of providing this service has remained fairly constant. 2022/2023 Presidents’ Plaza Property and Business Improvement District Page 7 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 Presidents’ Plaza to have separate containers or agreements with the waste hauler. However, it is recognized the baseline level of service (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:  If the level of service is reduced, the incremental cost savings (if any) will be reviewed and applied, as follows: o Reserve Fund Account: City staff and the owners’ association will evaluate the existing available Reserve Fund to ensure an acceptable amount of money is being retained for normal annual operation of the District. Based on this evaluation, the owners’ association will modify the annual plan (recommendation to the City Council) to apply all or a portion of the cost savings to the Reserve Account. A fully funded Reserve is an amount equal to approximately one half of all annual operating expenses. o 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).  If the level of service is increased, the incremental cost increase (if any) will be reviewed and applied, as follows: o Increased Service District-wide: When the current District was renewed/formed, an assessment range formula was approved. This formula provided for anticipated cost of living increases, but also allowed some flexibility for increased costs due to increased levels of service. If an increased level of service is required for the entire District, the increase is reflected in the annual budget. This budget increase will typically cause a proportional increase of the annual assessment. If the increased cost results in an assessm ent 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 tempor ary loan to the District or conduct a property owner ballot proceeding for an assessment increase. o Increased Service for One Parcel: When the current District was renewed/formed, a baseline assessment rate and level of service was established for all prope rties 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, the respective business owner or owner of the property on which the business is located, must pay the resulting cost increase as a surcharge. Either the City or property owner may initiate the need for an increased service level. The City Council shall make the final determination as to the appropriate mechanism 2022/2023 Presidents’ Plaza Property and Business Improvement District Page 8 by which the increased level of service will be provided. The increased level of service may include result in: ▪ Increasing number of pick-ups on a specific bin(s) used by the property or business. ▪ Increasing size of specific bin(s) used by the property or business if space permits. ▪ Providing separate bin(s) for property or business if space and accessibility permits. ▪ Any combination of the services above. The costs associated with the increased level of service shall be the obligation of the business and/or property owner which is provided with the additional service. Payment for the increased level of service shall be reviewed by the owner’s association, which will make a recommendation to the City Council for approva l. 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. The request may require a signed agreement between the property owner and City. However, before any action is taken to add a surcharge to the property tax roll as part of the property’s annual assessment, the property owner/business shall work with City staff and owner’s association to establish the necessary level of additional service and arrange for direct payment for the service to the waste hauler or the City, if 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 collection 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). 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 Di rect 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 develo pment). 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. To comply with the County’s requirements, the calculation of each assessment component is rounded to the nearest even penny and subsequently added together for the parcel’s Total Annual Assessment. A description of the general method used to arrive at each parcel’s proposed assessment is found below. 2022/2023 Presidents’ Plaza Property and Business Improvement District Page 9 Apportionment of Direct Costs Refuse Collection Assessment The Total Refuse Cost estimated for refuse collection services is based on the City’s contract with a waste hauler for service to Presidents’ Plaza. This Total Refuse Cost divided by the estimated Total Building Square Footage establishes a Rate per building square foot. Th e 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 refuse assessment rates based on fiscal year and building size is found below as Table 1. Table 1: Building Size Proposed Rates Proposed Building Maximum Rates (per Square Foot) FY 2022/2023 $0.7179 FY 2023/2024 $0.7394 FY 2024/2025 $0.7616 FY 2025/2026 $0.7845 FY 2026/2027 $0.8080 There are currently forty-two (42) developed commercial properties within the District that are assessed for refuse collection services based on approximate building square footage. Individual parcel refuse assessments can be found on the Assessment Roll (Appendix C). Parking Lot Assessment The total Lot Cost estimated for parking lot improvements and services is based on the estimated annual costs to maintain the landscaping, utilities (lighting and water), and parking lot (short and long-term maintenance and sweeping services) within Presidents’ Plaza. This Total Lot Cost divided by the applied parking lot Total Front Footage, establishes a Rate per front foot. The Rate is multiplied by each parcel’s applied front footage to calculate the parcel’s proportionate share of the parking lot maintenanc e 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. 2022/2023 Presidents’ Plaza Property and Business Improvement District Page 10 The parking lot assessment rates based on fiscal year and linear feet is found below as Table 2. Table 2: Parking Lot Proposed Rates Proposed Parking Maximum Rates (per Linear Foot) FY 2022/2023 $37.3494 FY 2023/2024 $38.4699 FY 2024/2025 $39.6240 FY 2025/2026 $40.8127 FY 2026/2027 $42.0371 All parcels within the District receive direct and special benefits from the parking lot improvements and services. Each parcel is assessed proportionately based on their front footage adjacent to the parking lot. Apportionment of Indirect Costs To ensure the improvements, activities, and services provided and funded through the District are continued, each parcel will be assessed for its proportional share of administrative and reserve costs (Indirect Costs). 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 collection 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 Indirect Cost for each fiscal year is found below as Table 3. Table 3: Proposed Indirect Costs Indirect Cost (Total Dollars) FY 2022/2023 $52,035.00 FY 2023/2024 $53,596.05 FY 2024/2025 $55,203.93 FY 2025/2026 $56,860.05 FY 2026/2027 $58,565.85 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%) on the remaining four years of the five-year period, with the first year based on actuals and forecasting. 2022/2023 Presidents’ Plaza Property and Business Improvement District Page 11 Annual Budget Adjustments For the subsequent years of the five-year term of the PBID renewal, annual assessments may be adjusted by the owners’ association up to three percent (3%) per year. Actual annual adjustments may range from zero (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. 2022/2023 Presidents’ Plaza Property and Business Improvement District Page 12 IV. Description of Budget Items Direct Benefit Costs Landscape Maintenance: Includes all regularly scheduled labor, material (e.g., pipe, fertilizer, insecticides), and equipment required to properly maintain and ensure the satisfactory condition of all landscaping, irrigation and drainage systems, and appurtenant facilities. All landscaping improvements within the District are contracted for maintenance and service on a regular basis. The frequency and specific maintenance operations required within the District is determined by City staff but is generally scheduled weekly. The costs include annual tree and palm pruning, and tree replacement as well . Landscape Repairs: Includes repairs costs that are not normally included in the yearly maintenance contract costs. This may include repair of damaged amenities due to vandalism and sto rms. Planned upgrades (irrigation system improvements) may also be included as well. Water: Includes utility costs to furnish water required for landscape irrigation. Lighting: Includes utility costs for the operation of lighting facilities in the parking lots and landscaped areas, excluding lighting maintenance. Sweeping Services: Includes bi-weekly cleaning of the parking lots and gutters using a contracted service. Solid Waste Removal Services: Includes 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 accordingly. Miscellaneous Direct: Includes repairs costs for waterlines, benches, tables, trash enclosures, graffiti removal, lighting, and other unanticipated costs on an as-needed basis. Indirect Benefit Costs District Administration: Includes costs for the City to provide 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: Includes costs 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: Includes costs for the County to collect assessments on the property tax bills. This charge is on a per assessment basis at $0.36 per assessment, plus flat fee of $87.23 per FY 2021/2022 County Packet (at the time of this report FY22/23 rates were not available) and is in addition to the County Administration Fee. Miscellaneous Indirect: Includes costs related to District administration, including required formation, documentation, recordation, and legal fees. Reserve Fund Collection: Includes collection of funds to operate the District from 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 2022/2023 Presidents’ Plaza Property and Business Improvement District Page 13 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 plan ned. Capital Improvement Project Reserve: Includes collection for unscheduled, unforeseen expense that may occur throughout the life of the District’s five-year maintenance period, including short and long-term parking lot maintenance such as 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 maint enance 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. The City shall be responsible for activities and costs associated with the Capital Improvement Project Reserve. Levy Breakdown Total District and Indirect Costs: Represents the sum total of all budgeted Direct and Indirect costs. Anticipated Deficit/Surplus: Represents anticipated costs of the District that exceeds 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 ye ar, the District has a Beginning Balance Deficit. This deficit may be the result of unforeseen and extraordinary costs incurred, or assessments 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 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. Balance to Levy: Represents 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, Reserve Fund Credit, Revenue Deficits, Other Revenue Sources, Revenue Surpluses, and Contribution Replenishments. District Statistics Total Parcels: Represents the total number of parcels within the District. Total Parcels To Levy: Represents 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: Represents the sum total of the building square footage applied to parcels within the District. Total Front Footage (Parking Lot): Represents the sum total of the parking lot front footage applied to parcels within the District. Levy Rate per Building Square Foot: Represents the Rate being applied to each parcel’s individual building square footage (calculation of each parcel’s proportionate share of refuse collection services). The Levy Rate 2022/2023 Presidents’ Plaza Property and Business Improvement District Page 14 per Square Foot is the result of dividing the estimated total refuse cost for that ye ar by the sum of the District’s Total Building Square Footage. The rate is calculated to four decimal places. Levy Rate per Front Foot: 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 four decimal places. Indirect Cost Percentage: 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. An even Reserve Fund Credit has been applied for each year (five-years). District Budget The District Budget (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 actuals, forecasting and 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, w ill annually review the District costs, and make recommendations for any changes or adjustments to the budget. Changes to the budget, could result in changes to the annual assessment, but the resulting total assessment may not exceed the maximum rates established in the original Engineer’s Report without first obtaining property owner approval through assessment ballots. 2022/2023 Presidents’ Plaza Property and Business Improvement District Page A-1 Table 4: District Budgets FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Direct Benefit Costs Landscape Maintenance 54,000.00$ 55,620.00$ 57,288.60$ 59,007.26$ 60,777.48$ Landscape Repairs 6,000.00 6,180.00 6,365.40 6,556.36 6,753.05 Miscellaneous Direct (waterlines, benches, tables, trash enclosures, graffiti removal, etc.) 20,000.00 20,600.00 21,218.00 21,854.54 22,510.18 Water 25,000.00 25,750.00 26,522.50 27,318.18 28,137.72 Lighting 28,200.00 29,046.00 29,917.38 30,814.90 31,739.35 Sweeping Services 6,300.00 6,489.00 6,683.67 6,884.18 7,090.71 Service Subtotal (Based on parking lot footage)139,500.00$ 143,685.00$ 147,995.55$ 152,435.42$ 157,008.48$ Solid Waste Removal Services 207,400.00$ 213,622.00$ 220,030.66$ 226,631.58$ 233,430.53$ Total Direct Benefit 346,900.00$ 357,307.00$ 368,026.21$ 379,067.00$ 390,439.01$ Indirect Costs District Administration 16,107.76$ 16,590.99$ 17,088.72$ 17,601.38$ 18,129.43$ County Administration Fee 210.42 216.73 223.24 229.93 236.83 County Per Parcel Fee 102.35 105.42 108.58 111.84 115.20 Miscellaneous Indirect 18,269.47 18,817.55 19,382.08 19,963.54 20,562.45 Administrative Subtotal 34,690.00$ 35,730.70$ 36,802.62$ 37,906.70$ 39,043.90$ Reserve Fund Collection (5%)17,345.00 17,865.35 18,401.31 18,953.35 19,521.95 Total Indirect Cost 52,035.00$ 53,596.05$ 55,203.93$ 56,860.05$ 58,565.85$ Levy Breakdown Total Direct Costs and Indirect Costs 398,935.00$ 410,903.05$ 423,230.14$ 435,927.05$ 449,004.86$ Anticipated Deficit or Surplus - - - - - Balance to Levy 398,935.00$ 410,903.05$ 423,230.14$ 435,927.05$ 449,004.86$ Estimated City Funded Projected Capital Improvement Project Reserve (Parking Lot Maintenance, etc.) 74,100.00 76,323.00 78,612.69 80,971.07 83,400.20 District Statistics Total Parcels 46 46 46 46 46 Total Parcels To Levy 42 42 42 42 42 Total Building Square Footage 288,900.00 288,900.00 288,900.00 288,900.00 288,900.00 Total Front Footage (Parking Lot)3,735.00 3,735.00 3,735.00 3,735.00 3,735.00 Levy Rate per Building Square Foot 0.7179$ 0.7394$ 0.7616$ 0.7845$ 0.8080$ % increase Levy Rate per Front Foot 37.3494$ 38.4699$ 39.6240$ 40.8127$ 42.0371$ % increase Indirect Cost Percentage(1)15.00000% 15.00000% 15.00000% 15.00000% 15.00000% Capital Improvement Project Reserve Fund Balance Previous Balance -$ 74,100.00$ 150,423.00$ 2,307,786.12$ 2,368,238.01$ Capital Improvement Project Reserve 74,100.00 76,323.00 78,612.69 80,971.07 83,400.20 Estimated Ending Balance 74,100.00$ 150,423.00$ 229,035.69$ 2,388,757.20$ 2,451,638.22$ Reserve Fund Balance Previous Balance 186,531.00$ 203,876.00$ 221,741.35$ 240,142.66$ 259,096.01$ Reserve Collection 17,345.00 17,865.35 18,401.31 18,953.35 19,521.95 Estimated Reserve Ending Balance 203,876.00$ 221,741.35$ 240,142.66$ 259,096.01$ 278,617.96$ Maximum Proposed Assessment for Fiscal Years 2022/23 through 2026/27 (Five Years) Budget Item 2022/2023 Presidents’ Plaza Property and Business Improvement District Page A-2 Appendix A — Assessment Diagram The Assessment Diagram for the District is shown in reduced format and 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. 2022/2023 Presidents’ Plaza Property and Business Improvement District Page A-3 2022/2023 Presidents’ Plaza Property and Business Improvement District Page B-1 Appendix B – Actual Parcel Information The actual parcel information is shown in Table 5, includes building square footage and front footage, which are used in calculating each parcel’s proportionate share of all District Costs. 2022/2023 Presidents’ Plaza Property and Business Improvement District Page B-2 Table 5: Actual Parcel Information 2022/2023 Presidents’ Plaza Property and Business Improvement District Page C-1 Appendix C —Assessment Roll Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the County Assessor’s Map for the year in which this Plan is prepared. The Assessment Roll, which includes a listing of assessor parcels assessed within this District, along with their assessment amounts, is shown in Table 6. 2022/2023 Presidents’ Plaza Property and Business Improvement District Page C-2 Table 6: Assessment Roll Note: Total Assessment slightly different then total levy in budget due to rounding and County even penny rule. Assessor Parcel Number Refuse Collection Assessment FY 2022/2023 Parking Lot Assessment FY 2022/2023 Indirect Cost Assessment FY 2022/2023 Total Assessment FY 2022/2023 627-212-002 73669 HIGHWAY 111 $2,799.81 $1,867.47 $700.09 $5,367.36 627-212-003 73677 HIGHWAY 111 6,245.73 7,469.88 2,057.34 15,772.94 627-212-004 73731 HIGHWAY 111 6,102.15 3,734.94 1,475.56 11,312.64 627-212-005 73640 EL PASEO 8,686.59 6,349.39 2,255.39 17,291.36 627-212-006 73660 EL PASEO 4,163.82 1,867.47 904.69 6,935.98 627-212-009 73690 EL PASEO 5,886.78 1,867.47 1,163.13 8,917.38 627-212-010 73700 EL PASEO 2,297.28 1,867.47 624.71 4,789.46 627-212-011 73710 EL PASEO 3,589.50 1,867.47 818.54 6,275.50 627-212-012 73722 EL PASEO 1,722.96 1,867.47 538.56 4,128.98 627-212-014 73730 EL PASEO 3,589.50 1,867.47 818.54 6,275.50 627-212-015 73625 HIGHWAY 111 15,075.90 8,216.86 3,493.91 26,786.66 627-212-016 0.00 0.00 0.00 0.00 627-212-017 73670 EL PASEO 7,322.58 3,734.94 1,658.62 12,716.14 627-221-001 73741 HIGHWAY 111 3,445.92 1,867.47 797.00 6,110.38 627-221-002 73759 HIGHWAY 111 3,445.92 1,867.47 797.00 6,110.38 627-221-004 73760 EL PASEO 13,065.78 8,030.12 3,164.38 24,260.28 627-221-008 73740 EL PASEO 3,804.87 1,867.47 850.85 6,523.18 627-221-009 73750 EL PASEO 3,302.34 1,867.47 775.47 5,945.28 627-221-010 73801 HIGHWAY 111 1,148.64 8,403.61 1,432.83 10,985.08 627-221-011 0.00 0.00 0.00 0.00 627-222-002 73845 HIGHWAY 111 3,158.76 1,867.47 753.93 5,780.16 627-222-003 73851 HIGHWAY 111 2,369.07 1,867.47 635.48 4,872.02 627-222-004 73861 HIGHWAY 111 2,369.07 1,867.47 635.48 4,872.02 627-222-005 73871 HIGHWAY 111 2,153.70 1,867.47 603.17 4,624.34 627-222-008 73891 HIGHWAY 111 4,809.93 3,734.94 1,281.73 9,826.60 627-222-014 73965 HIGHWAY 111 3,374.13 1,867.47 786.24 6,027.84 627-222-015 73981 HIGHWAY 111 2,799.81 1,867.47 700.09 5,367.36 627-222-021 73880 EL PASEO 2,728.02 1,867.47 689.32 5,284.80 627-222-024 73900 EL PASEO 3,661.29 1,867.47 829.31 6,358.06 627-222-025 73910 EL PASEO 3,589.50 1,867.47 818.54 6,275.50 627-222-026 73920 EL PASEO 3,589.50 1,867.47 818.54 6,275.50 627-222-027 73930 EL PASEO 3,733.08 1,867.47 840.08 6,440.62 627-222-028 73940 EL PASEO 3,589.50 1,867.47 818.54 6,275.50 627-222-029 73950 EL PASEO 3,445.92 1,867.47 797.00 6,110.38 627-222-030 73956 EL PASEO 3,589.50 1,867.47 818.54 6,275.50 627-222-034 73925 HIGHWAY 111 4,522.77 3,734.94 1,238.65 9,496.36 627-222-038 73890 EL PASEO 7,107.21 3,734.94 1,626.32 12,468.46 627-222-041 73885 HIGHWAY 111 4,235.61 2,801.20 1,055.52 8,092.32 627-222-042 0.00 0.00 0.00 0.00 627-222-043 45211 PORTOLA AVE 0.00 0.00 0.00 0.00 627-222-044 73990 EL PASEO 9,548.07 5,228.91 2,216.54 16,993.52 627-222-048 73941 HIGHWAY 111 5,599.62 3,734.94 1,400.18 10,734.74 627-222-052 73820 EL PASEO 8,399.43 9,337.35 2,660.51 20,397.28 627-222-053 73833 HIGHWAY 111 5,886.78 5,602.41 1,723.37 13,212.56 627-222-055 73970 EL PASEO 10,768.50 3,734.94 2,175.51 16,678.94 627-222-058 73993 HIGHWAY 111 6,676.47 5,228.91 1,785.80 13,691.18 $207,401.31 $139,499.97 $52,035.00 $398,936.04 Situs Address