HomeMy WebLinkAboutRes 06-45 thru 06-48 President's Plaza III PBIDCITY OF PALM DESERT
DEVELOPMENT SERVICES
STAFF REPORT
REQUEST: Approval to Initiate the Proceedings to Re-form the Presidents'
Plaza III Property and Business Improvement District
SUBMITTED BY: Martin Alvarez, Senior Management Analyst
DATE: April 13, 2006
CONTENTS: Table 5 (Annual Assessments)
Resolution No.(s) 06-45 , 06-46 , 06-47 , 06-48
Preliminary Management District Plan
Preliminary Engineer's Report
Site Map
Recommendation:
Waive further reading and adopt:
1. Resolution No. 06-4s, initiating proceedings for the formation of
Presidents' Plaza III Property and Business Improvement District.
2. Resolution No. 06-46 , describing the proposed improvements and
services and approving the Preliminary Management District Plan for the
Presidents' Plaza III Property and Business Improvement District.
3. Resolution No. 06-47 , granting preliminary approval of the Engineer's
Report regarding the formation of the Presidents' Plaza III Property and
Business Improvement District; and
4. Resolution No. 06-48 , declaring the intention to form the President's
Plaza III Property and Business Improvement District, the levy of
assessments, and the call for an assessment ballot proceeding to submit
to the qualified property owners within such district the question of levying
such assessments commencing with Fiscal Year 2006/07.
Staff Report
Presidents' Plaza III Business Improvement District
Page 2 of 3
April 13, 2006
Executive Summary:
The Presidents' Plaza III Property and Business Improvement District was established
in 2001 for a five-year term and budget. The District is in its fifth and final year of the
term. The District includes 16 properties located on the south side of Highway 111 and
on the north side of El Paseo, between Highway 74 and Sage Lane.
The City collects annual assessments to pay for services such as landscape
maintenance, street sweeping, and parking lot lighting within the common parking lot
areas. In February of 2006, Staff circulated the draft District Management Plan and a
petition to all 16 property owners seeking their approval to re-form the district. A
majority of the petitions were signed and returned in favor of proceeding with the re-
formation of the Presidents' Plaza III District for another five-year term. The annual
assessment per parcel is proposed to increase from .0530 cents per parcel square foot
to .0722 cents per square foot, starting FY 2006/2007.
In order to proceed with the re-formation of the District, the City Council may approve a
series of resolutions that would allow the City to:
1) Initiate the proceeding to re-form the district;
2) Grant preliminary approval to the Management District Plan and Engineer's
Report (i.e. 5-year budget and annual assessments each property;
3) Call for a property owner ballot proceeding; and
4) Set a public hearing for June 8, 2006, to declare the ballot results.
Background:
The Presidents' Plaza III Property and Business Improvement District is located on the
south side of Highway 111 and on the north side of El Paseo, between Highway 74 and
Sage Lane. The District was established in 2001 for a five-year term and budget and
includes, but is not limited to, funding the following common services within the parking
lot area:
• Landscape Maintenance 1 • Street Sweeping
• Utilities (Water)
• Reserve Fund (Parking Lot Reslurry)
• Street Lighting 1 • Administration
The District is in its fifth and final year of the term and renewal of the District is
necessary to continue to provide the administration of the parking lot area
maintenance.
Discussion:
Staff proposes to re-form the District for another five-year term. In February of 2006,
Staff circulated a petition and the Preliminary Management District Plan to all 16
Staff Report
Presidents' Plaza III Business Improvement District
Page 3 of 3
April 13, 2006
property owners located within the District. The District's Management Plan outlined the
location of the district, the new five-year budget, and the proposed annual assessment
for each property. As required by the Property and Business Improvement District
regulations, a majority of the property owners returned the petition in favor of
proceeding with the re-formation of the district. The next step in the formation process
requires that the City Council adopt a series of resolutions to accomplish the following:
1) Initiate the formation of the Presidents' Plaza III Property and Business
Improvement District.
2) Grant preliminary approval of the Business Management Plan and Engineer's
Report (FY 2006/07- FY 2010/11).
3) Approve a property owners' ballot proceeding for the formation of the district and
set a public hearing date of June 8, 2006, to declare the results.
The five-year budget has been established with up to a three percent cost of living
adjustment, if applicable. The annual levy for each property is based on the each
parcel's square footage. Starting Fiscal Year 2006/2207, the annual assessment per
parcel is proposed to increase from .0530 cents per parcel square foot to .0722 cents
per square foot. Table 1 outlines each district's maximum proposed annual levy (see
attached).
Conclusion:
With the proposed annual levies, reserves, and cost of living adjustments, the district
can be maintained to City standards and be self-supporting for a five-year term.
Therefore, Staff recommends that the City Council adopt the attached resolutions,
authorizing the balloting of all property owners and scheduling of a public hearing on
June 8, 2006, to declare the results.
Depprtment He
Homer Cro})
ACM for De lopment Services
Submitted By:
Martin Alvarez
Senior Management Analyst
Approval:
-Carlos L. 0
City Manage
Paul Gibson
Director of Finance
•
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uniFinancial
RESOLUTION NO. 06-45
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, INITIATING PROCEEDINGS FOR THE
FORMATION OF THE PRESIDENT'S PLAZA III PROPERTY AND
BUSINESS IMPROVEMENT DISTRICT, AND THE LEVY AND
COLLECTION OF ASSESSMENTS, PURSUANT TO THE PROVISIONS
OF PART 7 OF DIVISION 18 OF THE CALIFORNIA STREETS AND
HIGHWAYS CODE
The City Council of the City of Palm Desert, California (hereafter referred to as the "City
Council") does resolve as follows:
WHEREAS, The City Council desires to initiate proceedings for the formation of
President's Plaza III Property and Business Improvement District (hereafter referred to
as the "District") pursuant to the provisions of the Property and Business Improvement
District Law of 1994, Part 7 of Division 18 of the Streets and Highways Code of California
(hereafter referred to as the "Act"), formation of a business improvement district, and the
levy and collection of assessments by the County of Riverside for the City of Palm Desert
to pay for the Improvements and Activities as described in the Preliminary Engineer's
Report and the Management District Plan; and,
WHEREAS, Pursuant to the Act, a written petition of the property owners within the
District, representing more than 50 percent of the proposed assessment to be levied, has
been presented to the City Council; and,
WHEREAS, The City Council has retained MuniFinancial for the purpose of
assisting with the formation of the District and establishment of the assessments, and to
prepare and file a Management District Plan with the City Clerk in accordance with the Act;
and in accordance with the requirements of the California Constitution, Articles XIIIC and
XIIID to prepare and file an Engineer's Report with the City Clerk;
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 orders MuniFinancial to prepare and file with the City Clerk the
Preliminary Engineer's Report and the Management District Plan concerning the
formation and establishment of assessments for the District in accordance with the Act.
3. Proposed improvements: The improvements within the District are more specifically
described in the Preliminary Engineer's Report and the Management Plan attached
hereto and incorporated herein by reference.
4. Boundaries and Designation: The District consists of all parcels located in the
commercial business area known as the President's Plaza III within the City of Palm
Desert. The territory is within the City of Palm Desert, within the County of Riverside,
RESOLUTION NO. 06-45
State of California. The proposed district is designated as: "President's Plaza III
Property and Business Improvement District."
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this day of , 2006, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
JIM FERGUSON, MAYOR
2
RESOLUTION NO, 06-46
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, DESCRIBING PROPOSED IMPROVEMENTS
AND SERVICES, AND APPROVING PRELIMINARY MANAGEMENT
DISTRICT PLAN REGARDING THE PROPOSED FORMATION OF THE
PRESIDENT'S PLAZA III BUSINESS IMPROVEMENT DISTRICT, AND
THE LEVY AND COLLECTION OF ASSESSMENTS, PURSUANT TO
THE PROVISIONS OF PART 7 OF DIVISION 18 OF THE CALIFORNIA
STREETS AND HIGHWAYS CODE
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 pursuant to the provisions of the Property and
Business improvement District Law of 1994, Part 7 of Division 18 of the Streets and
Highways Code of California (hereafter referred to as the "Act"), did by previous
Resolution, initiate proceedings for the formation of the President's Plaza III Property and
Business Improvement District (hereafter referred to as the "District"), pursuant to the
provisions of the Act, and did order the preparation of a Management District Plan for said
District, and
WHEREAS, The City Council has retained MuniFinancial, for the purpose of
assisting with the formation of the District and establishment of the assessments, and to
prepare and file a Management District Plan with the City Clerk in accordance with the Act;
and in accordance with the requirements of the California Constitution, Articles XIIIC and
XIIID, and
WHEREAS, MuniFinancial has presented to the City Council the Preliminary
Management District Plan, which is incorporated herein by reference, and
WHEREAS, The City Council has carefully examined and reviewed the
Management District Plan as presented, and is satisfied with the District, each and all of
the budget items and documents as set forth therein, and is satisfied that the
assessments have been spread in accordance with the special benefits received from
the improvements, operation, maintenance and services to be performed within the
District, as set forth;
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. That the Management District Plan as presented, and consisting of the following:
a. A Description of Improvements and services to be provided by the District
RESOLUTION NO. 06-46
b. The Annual Budget (Estimates of Costs and Expenses of Services, Operations and
Maintenance);
c. The District Roll containing the Levy of Assessments for each Assessor Parcel
within the District; and,
d. A Boundary Map for the boundaries of the District.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this day of , 2006, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
JIM FERGUSON, MAYOR
2
RESOLUTION NO, 06-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, TO PRELIMINARILY APPROVE AN
ENGINEER'S REPORT FOR THE PRESIDENT'S PLAZA HI PROPERTY
AND BUSINESS IMPROVEMENT DISTRICT, FISCAL YEAR 2006/2007
The City Council of the City of Palm Desert (hereafter referred to as the "City Council")
does resolve as follows:
WHEREAS, the City Council has retained MuniFinancial for the purpose of
assisting with the Annual Levy of the President's Plaza III Property and Business
Improvement District (hereafter referred to as the "District"), and to prepare and file an
Engineer's Report (hereafter referred to as the "Report") with the City Clerk in accordance
with the provisions of California Constitutional Articles XIIIC and XIIID; and,
WHEREAS, there has now been presented to this City Council the Preliminary
Engineer's Report as required by California Constitutional Articles XIIIC and XIIID; and,
WHEREAS, this City Council has carefully examined and reviewed the Report as
presented, and is preliminarily satisfied with the District, each and all of the budget items
and documents as set forth therein, and is satisfied that the levy amounts, on a preliminary
basis, have been spread in accordance with the special benefit received from the
improvements, operation, maintenance and services to be performed within the District, as
set forth in said Report; and,
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY
THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:
Section 1: Engineer's Report: The City Council hereby orders MuniFinancial to prepare
and file with the City Clerk the Engineer's Report concerning the levy of assessments for
the District for the fiscal year commencing July 1, 2006, and ending June 30, 2007, in
accordance with California Constitutional Articles XIIIC and XIIID.
Section 2: Proposed improvements and any substantial changes in existing
improvements: The improvements within the District include: landscaping, lighting, and
street sweeping. The Engineer's Report describes all the improvements and any
substantial changes in existing improvements.
Section 3: That the "Engineer's Report" as presented, consists of the following:
a) A Description of Improvements.
b) The Annual Budget (Costs and Expenses of Services, Operations and
Maintenance).
c) The Method of Apportionment.
RESOLUTION NO. 06-47
Section 4: The "Engineer's Report" as presented is hereby approved on a preliminary
basis, and ordered to be filed in the Office of the City Clerk as a permanent record and
to remain open to public inspection.
Section 5: 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 the
Report.
Section 6: Intention: The City Council hereby declares its intention to seek the annual levy
and collection of assessments within the District pursuant to the Act, over and including
the land within the District boundary, and to levy and collect assessments on all such land
to pay the annual costs and expenses of the improvements and services described in
Section 4 of this Resolution, for Years 2006/2007 through 2010/2011.
Section 7: District Boundaries: The boundaries of the District are as described in the
Engineer's Report and are consistent with the boundaries established and described in the
Management District Plan, on file with the City Clerk, and incorporated herein by
reference. The District is within the boundaries of the City of Palm Desert, within the
County of Riverside, State of California and includes the territory referred to as the
"President's Plaza III Property and Business Improvement District".
Section 8: Proposed Assessment Amounts: For Fiscal Year 2006/2007, the proposed
assessments outlined in the Engineer's Report and Management District Plan will be
submitted for approval to the property owners. As such, the proposed assessment is
new, and does require property owner approval for an increase in accordance with the
requirements of the California Constitution, Articles XIIIC and X111D.
2
RESOLUTION NO. 06-47
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this day of , 2006, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
JIM FERGUSON, MAYOR
3
RESOLUTION NO. 06-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, DECLARING THE CITY'S INTENTION TO
FORM THE PRESIDENT'S PLAZA III BUSINESS IMPROVEMENT
DISTRICT, AND LEVY AND COLLECT ASSESSMENTS, PURSUANT
TO THE PROVISIONS OF PART 7 OF DIVISION 18 OF THE
CALIFORNIA STREETS AND HIGHWAYS CODE, AND CALL FOR AN
ASSESSMENT BALLOT PROCEEDING TO SUBMIT TO THE
QUALIFIED PROPERTY OWNERS WITHIN SUCH DISTRICT THE
QUESTION OF ESTABLISHING AN ASSESSMENT RANGE FORMULA
FOR SUCH DISTRICT AND LEVYING SUCH ASSESSMENTS FOR
SUCH DISTRICT
WHEREAS, The City Council pursuant to the provisions of the Property and
Business Improvement District Law of 1994, Part 7 of Division 18 of the Streets and
Highways Code of California (hereafter referred to as the "Act"), did by previous
Resolution, initiate proceedings for the formation of the President's Plaza III Property and
Business Improvement District (hereafter referred to as the "District"), pursuant to the
provisions of the Act, and did order the preparation of a Preliminary Engineer's Report
and Management District Plan for said District,
WHEREAS, The City Council has retained MuniFinancial for the purpose of
assisting with the formation of the District and establishment of the assessments, and to
prepare and file an Engineer's Report and Management District Plan with the City Clerk in
accordance with the Act; and in accordance with the requirements of the California
Constitution, Articles XIIIC and XIIID, and
WHEREAS, MuniFinancial has presented to the City Council the Preliminary
Engineer's Report and the Management District Plan, which are incorporated herein by
reference, and
WHEREAS, The City Council has, by previous resolution, approved the
Preliminary Engineer's Report and the Management District Plan, which contain a full and
detailed description of the improvements and services, the boundaries of the District, the
estimated costs of improvements and services, and the proposed assessments upon
assessable Tots 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 the District and 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 Preliminary Engineer's Report and the
RESOLUTION NO. 06-48
Management District Plan. The City Council has determined at this time to call an
assessment ballot proceeding.
3. Callinq an assessment ballot proceeding: Pursuant to California Constitution Articles
XIIIC and XIIID, an assessment ballot proceeding is hereby called on behalf of the
District on the matter of establishing assessments on the properties within the District.
4. The assessment ballot proceeding for the District on the matter of authorizing the levy
of the assessments, pursuant to California Constitution, Article XIIID, Section 4
consists of a ballot, included with the mailed notice required by Government Code
Section 54954.6, distributed by mail, to the property owners of record within the District
as of the close of the Intent Meeting. Each property owner's ballot is weighted by the
amount of their assessment. 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 June 8,
2006. The Public Hearing is scheduled to begin on Thursday, June 8, 2006, 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 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 boundaries of the District are as described in the Engineer's
Report and the Management District Plan, which is incorporated herein by reference.
The District is designated as "President's Plaza III Property and Business
Improvement District."
6. Description of Services and Improvements: The services and improvements within the
District are specifically described in the Engineer's Report and the Management District
Plan, which are 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. 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).
9. Notice. The City Council shall cause the resolution of intention to be published in a
newspaper of general circulation in the City once, at least ten days before the public
meeting and at least ten days before the public hearing. Property owners will be
provided a mailed assessment ballot for the proposed assessment. Ballots must be
2
RESOLUTION NO. 06-48
received prior to the conclusion of the Public Hearing, after which they will be
tabulated. Any District property owner 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
meeting and the hearing, all interested persons shall be afforded the opportunity to
hear and be heard.
10. Notice Of Public Hearing. Notice is hereby given that a Public Hearing on these
matters will be held by the City Council on Thursday June 8, 2006 at 4:00 P.M., in the
City Council Chambers, located at 73-510 Fred Waring Drive, Palm Desert.
11. The City Clerk is hereby authorized and directed to give notice of such hearing as
provided by law.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this day of , 2006, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
JIM FERGUSON, MAYOR
3
Del
PALM DESERT
CITY OF PALM DESERT
PRESIDENT'S PLAZA III PROPERTY
AND BUSINESS IMPROVEMENT
DISTRICT RENEWAL
PRELIMINARY ENGINEER'S REPORT
FISCAL YEARS 2006/2007 TO 2010/2011
Intent Meeting:
Public Hearing:
April 13, 2006
June 8, 2006
g MuniFinancial
Corporate Office
27368 Via Industria
Suite 110
Temecula, CA 92590
Tel: (951) 587-3500
Tel: (800) 755-NIU\I (6864)
Fax: (951) 587-3510
Office 1 _ovations
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Sacramento, C:\
San Diego, CA
ENGINEER'S REPORT AFFIDAVIT
City of Palm Desert
Alessandro Alley
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 for Fiscal Year 2006/07 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 , 2006.
viunil inancial
Assessment Engineer
On Behalf of the City of Palm Desert
By:
Richard Kopecky
R.C.L.#16742
TABLE OF CONTENTS
OVERVIEW 1
Introduction 1
Formation 1
DESCRIPTION OF THE DISTRICT 3
District Boundary 3
Improvements and Activities 3
Special Benefits of the Improvements and Activities 4
METHOD OF APPORTIONMENT 6
Method of Apportionment Rationale 6
Parking Lot Improvements and Services 6
Method of Apportionment Calculations 6
Apportionment of Direct Costs 6
Apportionment of Indirect (Administration/Reserve) Costs 7
Total Annual Assessment 7
Annual Budget Adjustments 8
DESCRIPTION OF BUDGET ITEMS 9
Direct Benefit Costs 9
Indirect Benefit Costs (Administration/Reserves) 9
Levy Breakdown 10
District Statistics 10
District Budget 11
APPENDIX A -ASSESSMENT DIAGRAM A-1
APPENDIX B -ASSESSMENT ROLL B-1
City of Palm Desert
OVERVIEW
President's Plana 111 MID Renewal
Preliminary Engineers Report
FY 2006 /2007
i NTRDDUDTIDN
The City of Palm Desert ("City") formed and established the President's Plaza IIi Property
and Business Improvement Assessment District ("District") beginning in Fiscal Year
2001/2002 to provide improvements and activities that confer special benefits upon real
property within the boundaries of the District. The District was established and levied
pursuant to Property and Business Improvement District Law of 1994, Part 7 of Division 18
of the California Streets and Highways Code (the Act). Pursuant to the Act, property owners
within the District submitted a signed petition requesting formation of the District. The
District vas successfully formed for a term of five years and a maximum assessment was
approved by the property owners through an assessment ballot proceeding, conducted
according to provisions of the California Constitution Article XIIID ("Proposition 218").
Fiscal Year 2005/2006 is the last year of the term of the District. Under the provisions of
the Act, the property owners within the District may renew the District for a maximum term
of ten (10) years. The renewal process is the same as that of the original formation.
"Therefore, the preparation of this updated Engineer's Report is the first step in satisfying
these requirements. Pursuant to the Act, the City proposes to annually levy and collect
assessments to provide funding for improvements and activities authorized within the
District for a period of five years (Fiscal Years 2006/2007 through 2010/2011).
This Engineer's Report ("Report") describes the District, improvements and activities,
method of apportionment, the proposed assessments for the current fiscal year, and the
maximum assessment proposed for the five-year duration of the renewed District. The
proposed assessments are based on the estimated cost to provide the improvements,
activities, and operations that provide a direct and special benefit to properties within the
District. The costs of improvements, activities, and operations include all expenditures,
deficits, surpluses, revenues, and reserves.
The word "property," for the purposes of this Report, 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.
FORMATION
A written petition of the property owners within the District, 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 gathered, the City Council may initiate proceedings for the renewal of the District by
adopting a resolution expressing its intention to renew the District. The resolution of
intention will reference the Engineer's Report and the :Management District Plan, and will
notice the time and place of a public hearing on the re-establishment of the District and levy
of assessments.
MuniFinancial
Page 1
City of Paler Desert
President's Plaza III PBID Renewal
Preliminary Engineer's Report
FY 2006/2007
Within 90 days of adopting the resolution of intention, the City- Council may hold a public
hearing on the matter, and cause notice to the property owners pursuant to Section 54954.6
of the Government Code. Assessment ballots (property owner protest ballots) would be
mailed to each property owner at least 45 days prior to the public hearing pursuant to Article
XIIID oftlhe CalOwia Constitution.
At the public hearing the City Council may provide the public and property owners an
opportunity to provide oral protests and written protests prior to the adoption of the
Engineer's Report and the Management District Plan. Pursuant to the California Constitution
Article XIIID, the City Council will tabulate property owner assessment ballots received from
property owners to determine whether majority protest exists. This tabulation will occur
after the close of the Public Hearing.
If the property owners approve the renewal of the District and imposition of new
assessments, the City Council will appoint an owners' association for the District. This
owners' association shall make recommendations to the City Council on the expenditures of
revenue derived from the levy of assessments and on the classification of properties as
applicable. This owners' association shall cause to be prepared a report each fiscal year for
which assessments are to be levied and collected. Said annual report shall be filed with the
City Clerk and shall contain: any proposed changes to the district boundary; the
improvements and activities to be provided that year; the estimated costs for that year; the
method of assessment; the amount of any surplus or deficit; and contributions from other
sources. The City Council may approve the report as submitted or as modified.
MuniFinancial
Page 2
City Of Palm Desert
Pre iilent,_ Plaza HI PBID Renewal
R port
l 2CC6 2w0 /
DESCFR1PTION OF THE DISTRICT
DISTRICT BOUNDARY
"1'he District consists of all parcels located in the commercial business area known as the
President's Plaza 111 within the Cite of Palm Desert, County of Riverside. The District
includes sixteen (16) assessed commercial parcels.
The boundary of the District and the parcels therein are generally located South of Palm
Desert. Drive at Highway 111; North of El Paseo; \Vest of Sage Lane; and East of Old
Highway 74, and includes the Palm Desert Parking Lot — lease parcel to the City of Palm
Desert located South of Highway 111; East of New I lighway 74; and \Vest of Old I Iighwav
74.
IMPROVEMENTS AND ACTIVITIES
In an effort to enhance and improve business opportunities and the appearance of the area
known as the President's Plaza III, the Agency provided funds for the renovation and capital
improvement of the parking lot and landscaped areas related to this commercial business
center. In conjunction with this renovation, President's Plaza III Property and Business
Improvement District was formed in 2001 to provide and ensure the continued operation
and maintenance of the improvements after the renovations had been completed. Should be
District be renewed by the property owners for another five (5) year term, the assessments
generated will continue this maintenance. In December 2005, the District paid for the slurry
sealing, re -striping and repair of the parking lot through reserve funds that had been
accumulated during the first five years of the term of the District.
It has been determined that all the properties within the District receive special and distinct
benefits from the improvements and activities to be funded through the assessments. The
improvements include all necessary activities, services, operation, administration, and
maintenance required to keep the improvements in satisfactory condition including all
necessary labor, material, and equipment. The services may include, but are not limited to,
regular maintenance, repair, removal or replacement of all or any part of the improvements
including removal of trimmings, rubbish, debris and other solid waste; and, providing for the
growth, health and beauty of landscaping and lighting including cultivation, trimming,
spraying, fertilizing or treating for disease or damage as well as supplying necessary irrigation
and electrical energy. The specific improvements and activities include:
• Parking lot landscaped areas: including, but not limited to, ground cover,
shrubs, trees, plants, irrigation and drainage systems and associated appurtenant
facilities;
• Parking lot lighting facilities: including, but not limited to, bulbs, fixtures,
poles, wiring, and electrical energy; and,
• Debris removal: including, but not limited to, regular mechanical sweeping of
the parking lot.
MuniFinancial
Page 3
City of Palm Desert
President's Plaza 111 PRID Renewal
Preliminary Engineer': Report
FY 2C06/2C07
The costs associated with the improvements are equitably spread among all benefiting
parcels within the District utilizing the method of apportionment described in the Method of
Apportionment section of this Report. The total funds collected shall be dispersed and used
for only the services and operations provided to the District.
SPECIAL BENEFITS OF THE IMPROVEMENTS AND
ACTIVITIES
All assessed properties within the District receive special benefits from one or more of the
improvements and activities funded through the District assessments. Specifically, lighting
and landscaping amenities within the parking lot, and regular sweeping of the parking lot.
The special benefits of lighting (parking lot lights) are the convenience, safety, and security
of property, improvements, and goods. Specifically:
1.
Enhanced deterrence of crimc and the aid to police protection;
Increased nighttime safety for patrons and employees;
3. Improved visibility for pedestrians and motorists;
4. Improved ingress and egress to property;
5. Reduced vandalism and other criminal acts and damage to improvements or
property;
6. Enhanced aesthetic appeal of the parking area and the properties that are
associated with the parking area;
7. Increased promotion of business activities and opportunities during nighttime
hours; and,
8. The special enhancement to the value of property which results from the above
benefits.
The benefits associated with landscaped islands and medians within the parking lot are
specifically:
1. Improved aesthetic appeal of the parking area and nearby parcels;
2. Improved dust control;
3. Enhanced adaptation of the urban environment within the natural environment;
4. Improved traffic circulation;
5. A positive representation of the businesses within the District;
6. Centralized locations for refuse collection facilities; and,
7. The special enhancement to the value of property which results from the above
benefits.
MuniFinancial
Page 4
City of Pahn Desert
Preident'. Plaza III PBTD Rent>zz.al
Preliminary Engineer's Report
f'Y 2006/2C07
Parking lot sweeping is an essential and necessary activity for all properties —particularly
commercial properties. This improvement is funded through the assessments solely for the
special benefit of properties within the District. The benefits associated with this service arc:
1. Enhanced aesthetic appeal of the parking area and the properties that arc
associated with the parking area;
2. Improved dust control;
3. The special enhancement to the value of property which results from the above
benefits.
The on -going operation and maintenance of the landscaping, lighting and sweeping
improvements provide no measurable general benefit to other properties outside the District
or to the public at large. "Therefore, these improvements and the corresponding assessments
have been identified as 100°%o special benefit to parcels within the District.
MuniFinancial
Page 5
City of Palm Desert
METHOD OF APPORTIONMENT
President': Plaza III PBID Renewal
Preliminary Engineer's Report
I'Y 2006/2007
METHOD OF APPORTIONMENT RATIONALE
The costs of the District improvements have each been apportioned by a formula and
method which fairly distributes the net amount to be assessed among all assessed parcels in
proportion to the estimated special benefits to be received by each parcel from the
improvements.
PARKING LOT IMPROVEMENTS AND SERVICES
All assessed parcels within the President's Plaza III PBID have use of, and access to, a
centralized parking facility (lot) that provides access, parking, and delivery areas for the
businesses and parcels within thc District. I3ecause the parking area is a centralized facility
used and accessed by all properties within the District, each parcel's benefit is based on the
size of such parcel. Therefore, it has been determined that a fair and reasonable reflection of
each parcel's benefit for the parking lot improvements shall be based on the approximate
size, in square feet, of each parcel.
METHOD OF APPORTIONMENT CALCULATIONS
The Total Direct Costs of the parking lot improvements and services are apportioned to
each parcel within the District based on each parcel's lot size in square feet. In addition to a
parcel's Total Direct Cost, each parcel is assessed for District administration expenses and a
reserve fund collection (Indirect Costs). The indirect Costs for each parcel have been
apportioned in the same manner as 'Total Direct Costs. "Therefore, each parcel's "Total
Annual Assessment is the sum of its proportionate share of the 'Total Direct Costs and Total
Indirect Costs.
APPORTIONMENT OF DIRECT COSTS
The Total Direct Costs estimated for parking lot improvements and services (maintenance)
are based on thc estimated annual costs to maintain the landscaping, lighting, and mechanical
sweeping of the parking lot within President's Plaza I11. These Total Direct Costs, divided by
the sum of the square footage of all parcels within the District, establishes a rate per parcel
square foot. This rate multiplied by each parcel's square footage equals the parcel's
proportionate share of the parking lot maintenance costs (rounded to the nearest even
penny). The rate provided in Table 1 is for Fiscal Year 2006/07 only. Please refer to the
District Budget (Table 4) for future assessment rates.
Total Direct Cost / Total Square Footage = Rate per Square Foot
Rate x Parcel Square Footage = Direct Cost Assessment Component
MuniFinancial
Page 6
City of Palm Desert
President's Plaza. 111 PPID Renewal
Preliminary Engineer's Report
FY 2006/23C7
Table 1: Direct Cost Proposed Assessment and Rate
Proposed Direct Proposed Rate
Costs for FY (per Square Foot) for
2006-07 FY 2006-07
First Fiscal Year Maximum
$ 20.400 S
0.0450
APPCJRTIQNMENT OF' ANDIRECT (ADMINISTRATION/RESERVE)
COSTS
To ensure the improvements, activities, and services provided and funded through the
District are continued, each parcel will be assessed for administrative and reserve costs
(indirect Costs). These Indirect Costs include all expenses related to the administration of
the District as well as the collection of money towards a Reserve 1-'und. The Reserve Fund
Collection is proposed to be slightly over thirty-five percent (3329°/) of the annual Total
Direct Costs of the District.
Similar to the method of apportionment for 'Total Direct Costs, the District's indirect costs
are apportioned to each parcel based on each parcel's lot size in square feet. The rate
provided in Table 2 is for Fiscal Year 2006/07 only. Please refer to the District Budget
(Table 4) for future assessment. rates.
Total Indirect Cost / Total Square Footage = Rate per Square Foot
Rate x Parcel Square Footage = Indirect Cost Assessment Component
Table 2: Indirect Cost Proposed Assessment and Rate
Proposed Proposed Rate
Indirect Costs (per Square Foot) for
for FY 2006-07 FY 2006-07
First Fiscal Year Maximum
S 12,383 $
0.0272
TOTAL. ANNUAL ASSESSMENT
Each parcel's Total Annual Assessment is the sum of their proportionate share of the Direct
Costs and Indirect Costs. The preceding description of the method of apportionment
outlines the estimated cost and rates applied for the District in the first fiscal year of
existence (FY 2006/07). The rate provided in Table 3 is for Fiscal Year 2006/07 only.
Please refer to the District Budget (Table 4) for future assessment rates.
MYluniFinancial
Page 7
City of .Palm Desert
President's Plaza 1.11 PB11) Renewal
Preliminary Engineer's Report
FY 2C06/2007
Direct Cost Rate + Indirect Cost Rate = Total Rate per Square Foot
Total Rate x Parcel Square Footage = Total Parcel Assessment
Table 3: Total Cost Proposed Assessment and Rate
First Fiscal Year
Proposed Direct Proposed Rate
Costs for FY (per Square Foot) for
2006-07 FY 2006-07
Direct Costs Maximum
Indirect Costs
Total Costs Maximum
$ 20,400 $ 0 0450
$ 12,383 $ 0.0272
$ 32,783 $ 0.0722
ANNUAL BLIOGET ADJUSTMENTS
For the five years of the term of the PBID renewal, annual assessments may be adjusted by
the President's Plaza III PBID owners' association up to three percent (3%) per year. Actual
annual adjustments may range from zero percent (0%) to three percent (30/o). 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.
13/ MuniFinancial
Page 8
City of Paint Desert
President':: Plsza III PRII) Renewal
Preliminary Engineer's Report
I � Y 2006/2007
DESCRIPTION OF BUDGET ITEMS IN TABLE 4
DIRECT BENEFIT COSTS
Sweeping Services: Weekly cleaning of the parking lot and gutters using a contracted,
mechanized service.
Landscape Contract Maintenance: Includes all regularly scheduled labor, material (e.g.
pipe, fertilizer, insecticides), and equipment required to properly maintain and ensure the
satisfactory condition of all landscaping, irrigation and drainage systems, and appurtenant
facilities. All landscaping improvements within the District are contracted for maintenance
and service on a regular basis. The frequency and specific maintenance and operations
required within the District will be determined by City staff.
Lighting Repair and Maintenance: This item includes repairs that are not normally
included in the yearly maintenance contract costs. This may include repair of damaged
amenities due to vandalism and storms, as well as planned upgrades which could include
replacing lighting materials or renovation of lighting systems.
Landscape Repair and Maintenance: This item includes repairs that are not normally
included in the yearly maintenance contract costs. 'Phis may include repair of damaged
amenities due to vandalism and storms, as well as planned upgrades, which could include
replacing plant materials or renovation of irrigation systems.
Landscape Utilities -Water: Utility cost to furnish water for required landscape irrigation.
Street Lighting Utilities - Electric: The furnishing of electricity required for the operation
and maintenance of the lighting facilities. The City contracts for the furnishing of its
electricity for street lighting, which includes normal maintenance and bulb replacement. This
cost does not include repairs or replacement of damaged facilities due to vandalism,
accidents or storms.
Landscape Utilities - Electric: Utility cost for furnishing of electricity required for the
operation of the irrigation systems and landscape maintenance.
INDIRECT BENEFIT COSTS
(ADMINISTRATION/RESERVES;
District Administration: The cost to all departments and staff of the City, for providing
the coordination of District services, operations and maintenance of the District, response to
public concerns and education, and procedures associated with the levy and collection of
assessments. This cost also includes contracting with professionals to provide additional
administrative, legal, or engineering services specific to the District.
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.
MuniFinancial
Page 9
City of Palm Desert
President's Plaza LTT P13T7) Renewal
Preliminary Engineer's Report
FY 2006/20 7
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 $0.50 per
assessment, and is in addition to the County Administration Fee.
Operating Reserve Fund Collection: The Operating Reserve Fund provides for collection
of funds to operate the District, for each fiscal year, from the time period of July 1 through
January when the County provides the City with the first installment of assessments
collected from the property tax bills. The Operating Reserve Fund eliminates the need for
the City to transfer funds from non -District accounts to pay for District charges during the
first half of FY 2006/07 through FY 2010/11. The Operating Reserve Fund may also be
used to offset any unforeseen costs such as repairs, legal fees, revenue deficits, or increased
costs due to inflation or contractual agreements that are greater than originally planned. The
Operating Reserve Fund Collection amount is slightly less than five percent (4.90 Ya) of the
annual "Total Direct Costs of the District in IY 2006/07.
Parking Lot Maintenance Fund Collection: The Parking Lot Maintenance Fund provides
funds for the scaling and re -striping of the parking lot after the fourth year of the renewal
term of the District. The parking lot's total surface area is approximately 184,000 square feet.
During December 2005, the District's cost of sealing and re -striping the parking lot was
$27,200 (15.5 cents per square foot multiplied by 175,520 square feet of surface area) and its
cost of repairs within the parking lot was $24,300 (for 8,500 square feet of surface area); for
a total cost of S51,500. The cost of sealing and re -striping the parking lot's total surface area
of 184,000 square feet would have been approximately S28,520 (15.5 cents per square foot
multiplied by 184,000 square feet of surface area).
Insurance: This line item supports insurance costs for the operation of the District.
LEVY BREAKDOWN
Total District Costs: This is the sum total of all budgeted Direct and Indirect costs.
DISTRICT STATISTICS
Total Parcels: The total number of parcels within the District.
Total Parcels to Levy: The total number of parcels within the District that will be assessed.
Ikon -assessed lots or parcels include easements, common areas, and parcels within the
boundaries of the District that currently do not benefit from the improvements and which
are not included in the Total Parcels to Levy.
Total Parcels Square Footage: This is the sum total of the assessed parcels' square footage
applied to each assessed parcel within the District.
Levy Rate per Direct Costs per Square Foot: This amount represents the Rate for Direct
Costs being applied to each assessed parcel's individual lot square footage. The Levy- Rate
per Direct Costs is the result of dividing the estimated Total Direct Costs for that year by the
sum of the District's Total Parcels Square Footage. The rate is calculated to four decimal
places.
MuniFinancial
Page 10
City of Pahn Desert
Presides is PInre [ I PE _TD Renewal
t''"i lbninan: E?Z,g ize1'r'F R(2 o; t
Levy Rate per Indirect Costs per Square Foot: This amount represents the Rate for
Indirect Costs being applied to each assessed parcel's individual lot square footage. The Levy
Rate per Indirect Costs is the result of dividing the estimated 'Total Indirect Costs for that
year by the sum of the District's Total Parcels Square Footage. The rate is calculated to four
decimal places.
Total Levy Rate per Square Foot: This amount represents the Rate being applied to each
assessed parcel's individual lot square footage. The Levy Rate per Square Foot is the result of
dividing the estimated 'Total District Costs for that year by the sum of the District's 'Total
Parcel Square Footage. The rate is calculated to four decimal places.
DiGTRECT BUDGET
The District Budget shown on the following table (Table 4), lists the estimated costs of
providing the various improvements and services within the District. The costs and the
resulting rates for Fiscal Year 2006/07 through Fiscal Year 2010/11 are based on the
estimated costs to provide the improvements and services for each year. Direct Costs,
District and County Administration Costs, and Insurance Costs are adjusted for the three
percent (3" 0) inflation factor.
The owners' association, appointed by the Cite Council, will annually review the District
costs and make recommendations for any changes or adjustments to the budget. Changes to
the budget could result in changes to the annual assessment but, the resulting total
assessment may not exceed the maximum rates established in this Report without first
obtaining property owner approval through assessment ballots.
MuniFinancial
Page 11
City of Palm Desert
Table 4: Five Year Budget
President's Plaza 111 PEW Renewal
Preliminary Engineer's Report
FY 2006/2007
Budget Item
Actual
Proposed
Assessment
Maximum Proposed Assessment for Fiscal Years
FY 2006-07 t11 2006-07 2007-08 2008-09 2009-10 2010-11
Direct Costs
Sweeping Services S 4.000 S 4,000 S 4,120 $ 4,244 $ 4.371 $ 4,502
Landscape Contract Maintenance 4,500 4.500 4,635 4,774 4.917 5,065
Lighting Repair & Maintenance 1,200 1.200 1,236 1,273 1,311 1,351
Landscape Repair & Maintenance 3,500 3,500 3,605 3,713 3,825 3,939
Landscape Utilities - Water 2,000 2,000 2,060 2,122 2,185 2,251
Street Lighting Utilities - Electric 4,700 4,700 4,841 4,986 5,136 5,290
Landscape Utilities - Electric 500 500 515 530 546 563
Subtotal Direct Costs $ 20,400 $ 20,400 $ 21,012 $ 21.642 $ 22,292 $ 22.960
Indirect Costs
District Administration 3,500 3,500 3.605 3,713 3,825 3,939
County Administration Fee 175 175 180 186 191 197
County Per Parcel Fee 8 8 8 8 9 9
Operating Reserve Fund Collection 1,000 1,000 1,000 1,000 1,000 1,000
Parking Lot Maintenance Fund Collection 6.200 6,200 6.200 6,200 6,200 6,200
Insurance 1.500 1.500 1,545 1,591 1,639 1,688
Subtotal Indirect Costs $ 12.383 $ 12.383 S 12,538 $ 12,699 $ 12,864 $ 13,034
Levy Breakdown
Total District Costs 32.783 32,783 33,550 34,341 35,155 35,994
Balance to Levy S 32,783 S 32.783 S 33,550 $ 34,341 $ 35,155 S 35,994
District Statistics
Total Parcels 16 16 16 16 16 16
Total Parcels To Levy 16 16 16 16 16 16
Total Parcels Square Footage 453,956 453,956 453,956 453,956 453.956 453,956
Levy Rate per Direct Costs per Sq Ft S 0.0450 S 0.0450 $ 0.0464 $ 0.0478 $ 0.0492 S 0.0506
Levy Rate per Indirect Costs per Sq Ft $ 0.0272 S 0.0272 $ 0.0278 $ 0.0280 $ 0.0284 $ 0.0288
Total Levy Rate per Square Foot $ 0.0722 $ 0.0722 $ 0.0740 S 0.0758 $ 0.0776 $ 0.0794
Operating Reserve Fund Balance
Previous Balance - 1.000 2,000 3,000 4.000
Ending Balance 1,000 1,000 2,000 3,000 4,000 5,000
Parking Lot Maintenance Fund Balance
Previous Balance - 6.200 12,400 18,600 24,800
Ending Balance 6,200 6,200 12.400 18,600 24,800 31,000
Maximum annual assessments for direct costs, district and county administration and insurance are adjusted by 3% from the previous Fiscal Year for Fiscal Years
2007-08 through 2010-2011. The PBID Advisory Board will determine the amount of any actual increase for those years which may not exceed 3% per year.
''• FY 2006-07 Actuai and Maximum Proposed Assessments are the same.
Sources G:ty of Palm Desert; MuniFinancjal
MuniFinanciai
Page 12
City of Palm Desert
President's Plaza 11! PBID Renewal
Preliminary Engineer's Report
FY 2006/2007
APPENDIX A BOUNDARY MAP
The Boundary Map for the District is on the following page and is inclusive of all parcels
identified on the County of Riverside Assessor's Parcel Maps as Book 627, Page 192. The
Boundary Map will be kept on file with the City Clerk of the City of Palm Desert. For the
Public Hearing on this District, the Final Engineer's Report will contain an Assessment
Diagram.
Page :4-1
MuniFinancial
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City of Patin Desert
Pre ufenr :s Plaza, tit PBIJ) Renewal
Preliminary Engineer's Report
.1 1/ 2006/2007
APPENDIX B ASSESSMENT ROLL
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown
on the County Assessor's Map for the vear 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 5 on the following page.
Page B-1
jMuniiFinancial
President's Plaza III PBID Renewal
City of Patin Desert
Table 5: Assessment Roll
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LARRY WARD, COUNTY RECORDER
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ASSESSMENT NUMBER
PALM DESER I
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DJSTRiCT RENEWAL
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Corporate Office
27368 Via Industria
Suite 110
Temecula, CA 92590
Tel: (951) 587-3500
Tel: (800) 755-MUNI (6864)
Fax: (951) 587-3510
Office Locations
Anaheim, CA
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www.muni.com
Oakland, CA
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Sacramento, CA
San Diego, CA
OVERVIEW 1
1
1
DESCRIPTION OF THE DISTRICT 3
District Boundary 3
Improvements and Activities 3
Special Benefits of the Improvements and Activities 4
METHOD OF APPORTIONMENT 6
Method of Apportionment Rationale 6
Method of Apportionment Calculations 6
DESCRIPTION OF BUDGET ITEMS 9
Direct Benefit Costs 9
Indirect Benefit Costs (Administration/Reserves) 9
Levy Breakdown 10
District Statistics 10
District Budget 11
APPENDIX A -ASSESSMENT DIAGRAM A-1
APPENDIX B -ASSESSMENT ROLL B-1
Introduction
Formation
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The City of Palm Desert ("City") formed and established the President's Plaza III
Property and Business Improvement Assessment District ("District") beginning in
Fiscal Year 2001/2002 to provide improvements and activities that confer special
benefits upon real property within the boundaries of the District. The District was
established and levied pursuant to Property and Business Improvement District Law of
1994, Part 7 of Division 18 of the California Streets and Highways Code (the Act).
Pursuant to the Act, property owners within the District submitted a signed petition
requesting formation of the District. The District was successfully formed for a term
of five years and a maximum assessment was approved by the property owners
through an assessment ballot proceeding, conducted according to provisions of the
California Constitution Article XIIID ("Proposition 218"). Fiscal Year 2005/2006 is
the last year of the term of the District. Under the provisions of the Act, the property
owners within the District may renew the District for a maximum term of ten (10)
years. The renewal process is the same as that of the original formation. Therefore, the
preparation of this updated Management District Plan is the first step in satisfying
these requirements. Pursuant to the Act, the City proposes to annually levy and collect
assessments to provide funding for improvements and activities authorized within the
District for a period of five years (Fiscal Years 2006/2007 through 2010/2011).
This Management District Plan ("Plan") describes the District, improvements and
activities, method of apportionment, the proposed assessments for the current fiscal
year, and the maximum assessment proposed for the five- year duration of the renewed
District. The proposed assessments are based on the estimated cost to provide the
improvements, activities, and operations that provide a direct and special benefit to
properties within the District. The costs of improvements, activities, and operations
include all expenditures, deficits, surpluses, revenues, and reserves.
The word "property," for the purposes of this Plan, refers to real property situated
within the District, and identified as an individual property or parcel assigned its own
Assessor's Parcel Number (APN) by the County of Riverside Assessor's Office. The
County of Riverside Auditor/Controller uses APNs to identify on the tax roll parcels
and properties assessed for taxes, special assessments, and fees and charges.
A written petition of the property owners within the District, 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
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required signatures have been gathered, the City Council may initiate proceedings for
the renewal of the District by adopting a resolution expressing its intention to renew
the District. The resolution of intention will reference the Engineer's Report and this
Management District Plan, and will notice the time and place of a public hearing on
the re-establishment of the District 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 the property owners pursuant to
Section 54954.6 of the Government Code. Assessment ballots (property owner protest
ballots) would 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
an opportunity to provide oral protests and written protests prior to the adoption of
the Engineer's Report and the Management District Plan. Pursuant to the California
Constitution Article XIIID, the City Council will tabulate property owner assessment
ballots received from property owners to determine whether majority protest exists.
This tabulation will occur after the close of the Public Hearing.
If the property owners approve the renewal of the District and imposition of new
assessments, the City Council will appoint an owners' association for the District. This
owners' association shall make recommendations to the City Council on the
expenditures of revenue derived from the levy of assessments and on the classification
of properties as applicable. This owners' association shall cause to he prepared a report
each fiscal year for which assessments are to be levied and collected. Said annual report
shall be filed with the City Clerk and shall contain: any proposed changes to the
district boundary; the improvements and activities to be provided that year; the
estimated costs for that year; the method of assessment; the amount of any surplus or
deficit; and contributions from other sources. The City Council may approve the
report as submitted or as modified.
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I
The District consists of all parcels located in the commercial business area known as
the President's Plaza III within the City of Palm Desert, County of Riverside. The
District includes sixteen (16) assessed commercial parcels.
The boundary of the District and the parcels therein are generally located South of
Palm Desert Drive at Highway 111; North of El Paseo; West of Sage Lane; and East of
Old Highway 74, and includes the Palm Desert Parking Lot — lease parcel to the City
of Palm Desert located South of Highway 111; East of New Highway 74; and West of
Old Highway 74.
In an effort to enhance and improve business opportunities and the appearance of the
area known as the President's Plaza III, the Agency provided funds for the renovation
and capital improvement of the parking lot and landscaped areas related to this
commercial business center. In conjunction with this renovation, President's Plaza III
Property and Business Improvement District was formed in 2001 to provide and
ensure the continued operation and maintenance of the improvements after the
renovations had been completed. Should be District be renewed by the property
owners for another five (5) year term, the assessments generated will continue this
maintenance. In December 2005, the District paid for the slurry sealing, re -striping and
repair of the parking lot through reserve funds which had been accumulated during
the first five years of the term of the District.
It has been determined that all the properties within the District receive special and
distinct benefits from the improvements and activities to be funded through the
assessments. The improvements include all necessary activities, services, operation,
administration, and maintenance required to keep the improvements in satisfactory
condition including all necessary labor, material, and equipment. The services may
include, but are not limited to, regular maintenance, repair, removal or replacement of
all or any part of the improvements including removal of trimmings, rubbish, debris
and other solid waste; and, providing for the growth, health and beauty of landscaping
and lighting including cultivation, trimming, spraying, fertilizing or treating for disease
or damage as well as supplying necessary irrigation and electrical energy. The specific
improvements and activities include:
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• Parking lot landscaped areas: including, but not limited to, ground cover,
shrubs, trees, plants, irrigation and drainage systems and associated
appurtenant facilities;
• Parking lot lighting facilities: including, but not limited to, bulbs,
fixtures, poles, wiring, and electrical energy; and,
• Debris removal: including, but not limited to, regular mechanical sweeping
of the parking lot.
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.
•
...
All assessed properties within the District receive special benefits from one or more of
the improvements and activities funded through the District assessments. Specifically,
lighting and landscaping amenities within the parking lot, and regular sweeping of the
parking lot.
The special benefits of lighting (parking lot lights) are the convenience, safety, and
security of property, improvements, and goods. Specifically:
1. Enhanced deterrence of crime and the aid to police protection;
2. Increased nighttime safety for patrons and employees;
3. Improved visibility for pedestrians and motorists;
4. Improved ingress and egress to property;
5. Reduced vandalism and other criminal acts and damage to improvements or
property;
6. Enhanced aesthetic appeal of the parking area and the properties that are
associated with the parking area;
7. Increased promotion of business activities and opportunities during
nighttime hours; and,
8. The special enhancement to the value of property which results from the
above benefits.
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The benefits associated with landscaped islands and medians within the parking lot are
specifically:
1. Improved aesthetic appeal of the parking area and nearby parcels;
2. Improved dust control;
3. Enhanced adaptation of the urban environment within the natural
environment;
4. Improved traffic circulation;
5. A positive representation of the businesses within the District;
6. Centralized locations for refuse collection facilities; and,
7. The special enhancement to the value of property which results from the
above benefits.
Parking lot sweeping is an essential and necessary activity for all properties —
particularly commercial properties. This improvement is funded through the
assessments solely for the special benefit of properties within the District. The benefits
associated with this service are:
1. Enhanced aesthetic appeal of the parking area and the properties that are
associated with the parking area;
2. Improved dust control;
3. The special enhancement to the value of property which results from the
above benefits.
The on -going operation and maintenance of the landscaping, lighting and sweeping
improvements provide no measurable general benefit to other properties outside the
District or to the public at large. Therefore, these improvements and the
corresponding assessments have been identified as 100% special benefit to parcels
within the District.
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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.
All assessed parcels within the President's Plaza III PBID have use of, and access to, a
centralized parking facility (lot) that provides access, parking, and delivery areas for
the businesses and parcels within the District. Because the parking area is a centralized
facility used and accessed by all properties within the District, each parcel's benefit is
based on the size of such parcel. Therefore, it has been determined that a fair and
reasonable reflection of each parcel's benefit for the parking lot improvements shall be
based on the approximate size, in square feet, of each parcel.
The Total Direct Costs of the parking lot improvements and services are apportioned
to each parcel within the District based on each parcel's lot size in square feet. In
addition to a parcel's Total Direct Cost, each parcel is assessed for District
administration expenses and a reserve fund collection (Indirect Costs). The Indirect
Costs for each parcel have been apportioned in the same manner as Total Direct Costs.
Therefore, each parcel's Total Annual Assessment is the sum of its proportionate share
of the Total Direct Costs and Total Indirect Costs.
The Total Direct Costs estimated for parking lot improvements and services
(maintenance) are based on the estimated annual costs to maintain the landscaping,
lighting, and mechanical sweeping of the parking lot within President's Plaza III.
These Total Direct Costs, divided by the sum of the square footage of all parcels
within the District, establishes a rate per parcel square foot. This rate multiplied by
each parcel's square footage equals the parcel's proportionate share of the parking lot
maintenance costs (rounded to the nearest even penny). The rate provided in Table 1
is for Fiscal Year 2006/07 only. Please refer to the District Budget (Table 4) for future
assessment rates.
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Total Direct Cost / Total Square Footage = Rate per Square Foot
Rate x Parcel Square Footage = Direct Cost Assessment Component
Table 1: Direct Cost Proposed Assessment and Rate
Proposed Direct Proposed Rate
Costs for FY (per Square Foot) for
2006-07 FY 2006-07
First Fiscal Year Maximum
$ 20,400 $
0.0450
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To ensure the improvements, activities, and services provided and funded through the
District are continued, each parcel will be assessed for administrative and reserve costs
(Indirect Costs). These Indirect Costs include all expenses related to the administration
of the District as well as the collection of money towards a Reserve Fund. The Reserve
Fund Collection is proposed to be slightly over thirty-five percent (35.29%) of the
annual Total Direct Costs of the District.
Similar to the method of apportionment for Total Direct Costs, the District's indirect
costs are apportioned to each parcel based on each parcel's lot size in square feet. The
rate provided in Table 2 is for Fiscal Year 2006/07 only. Please refer to the District
Budget (Table 4) for future assessment rates.
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Total Indirect Cost / Total Square Footage = Rate per Square Foot
Rate x Parcel Square Footage = Indirect Cost Assessment Component
Table 2: Indirect Cost Proposed Assessment and Rate
Proposed Proposed Rate
Indirect Costs (per Square Foot) for
for FY 2006-07 FY 2006-07
First Fiscal Year Maximum
$ 12,383 $
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Each parcel's Total Annual Assessment is the sum of their proportionate share of the
Direct Costs and Indirect Costs. The preceding description of the method of
apportionment outlines the estimated cost and rates applied for the District in the first
fiscal year of existence (FY 2006/07). The rate provided in Table 3 is for Fiscal Year
2006/07 only. Please refer to the District Budget (Table 4) for future assessment rates.
Direct Cost Rate + Indirect Cost Rate = Total Rate per Square Foot
Table 3: Total Cost Proposed Assessment and Rate
First Fiscal Year
Proposed Direct Proposed Rate
Costs for FY (per Square Foot) for
2006-07 FY 2006-07
Direct Costs Maximum $ 20,400 $ 0.0450
Indirect Costs $ 12.383 S 0.0272
Total Costs Maximum $ 32,783 S 0.0722
For the five years of the term of the PBID renewal, annual assessments may be
adjusted by the President's Plaza III PBID owners' association up to three percent (3%)
per year. Actual annual adjustments may range from zero percent (0%) to three
percent (3%). Adjustments may differ from year to year depending on the service
needs identified by the owners' association. In any event, assessments will not exceed
the levels illustrated by the District Budget (Table 4).
Any annual budget surplus or deficit will be accrued into the following year's PBID
budget. Assessments will be set accordingly, within the constraints of the annual
adjustment, to adjust for surpluses or deficits that are carried forward.
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Sweeping Services: Weekly cleaning of the parking lot and gutters using a contracted,
mechanized service.
Landscape Contract Maintenance: Includes all regularly scheduled labor, material (e.g.
pipe, fertilizer, insecticides), and equipment required to properly maintain and ensure
the satisfactory condition of all landscaping, irrigation and drainage systems, and
appurtenant facilities. All landscaping improvements within the District are contracted
for maintenance and service on a regular basis. The frequency and specific maintenance
and operations required within the District will be determined by City staff.
Lighting Repair and Maintenance: This item includes repairs that are not normally
included in the yearly maintenance contract costs. This may include repair of damaged
amenities due to vandalism and storms, as well as planned upgrades which could
include replacing lighting materials or renovation of lighting systems.
Landscape Repair and Maintenance: This item includes repairs that are not normally
included in the yearly maintenance contract costs. This may include repair of damaged
amenities due to vandalism and storms, as well as planned upgrades, which could
include replacing plant materials or renovation of irrigation systems.
Landscape Utilities -Water: Utility cost to furnish water for required landscape
irrigation.
Street Lighting Utilities - Electric: The furnishing of electricity required for the
operation and maintenance of the lighting facilities. The City contracts for the
furnishing of its electricity for street lighting, which includes normal maintenance and
bulb replacement. This cost does not include repairs or replacement of damaged
facilities due to vandalism, accidents or storms.
Landscape Utilities - Electric: Utility cost for furnishing of electricity required for the
operation of the irrigation systems and landscape maintenance.
• . Lam._ .
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
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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 $0.50
per assessment, and is in addition to the County Administration Fee.
Operating Reserve Fund Collection: The Operating Reserve Fund provides for
collection of funds to operate the District, for each fiscal year, from the time period of
July 1 through January when the County provides the City with the first installment
of assessments collected from the property tax bills. The Operating Reserve Fund
eliminates the need for the City to transfer funds from non -District accounts to pay
for District charges during the first half of FY 2006/07 through FY 2010/11. The
Operating Reserve Fund may also be used to offset any unforeseen costs such as
repairs, legal fees, revenue deficits, or increased costs due to inflation or contractual
agreements that are greater than originally planned. The Operating Reserve Fund
Collection amount is slightly less than five percent (4.90%) of the annual Total Direct
Costs of the District in FY 2006/07.
Parking Lot Maintenance Fund Collection: The Parking Lot Maintenance Fund
provides funds for the sealing and re -striping of the parking lot after the fourth year of
the renewal term of the District. The parking lot's total surface area is approximately
184,000 square feet. During December 2005, the District's cost of sealing and re -
striping the parking lot was S27,200 (15.5 cents per square foot multiplied by 175,520
square feet of surface area) and its cost of repairs within the parking lot was $24,300
(for 8,500 square feet of surface area); for a total cost of S51,500. The cost of sealing and
re -striping the parking lot's total surface area of 184,000 square feet would have been
approximately $28,520 (15.5 cents per square foot multiplied by 184,000 square feet of
surface area).
Insurance: This line item supports insurance costs for the operation of the District.
Total District Costs: This is the sum total of all budgeted Direct and Indirect costs.
Total Parcels: The total number of parcels within the District.
Fire,: 'icial
Total Parcels to Levy: The total number of parcels within the District that will be
assessed. Non -assessed lots or parcels include easements, common areas, and parcels
within the boundaries of the District that currently do not benefit from the
improvements and which are not included in the Total Parcels to Levy.
Total Parcels Square Footage: This is the sum total of the assessed parcels' square
footage applied to each assessed parcel within the District.
Levy Rate per Direct Costs per Square Foot: This amount represents the Rate for
Direct Costs being applied to each assessed parcel's individual lot square footage. The
Levy Rate per Direct Costs is the result of dividing the estimated Total Direct Costs
for that year by the sum of the District's Total Parcels Square Footage. The rate is
calculated to four decimal places.
Levy Rate per Indirect Costs per Square Foot: This amount represents the Rate for
Indirect Costs being applied to each assessed parcel's individual lot square footage. The
Levy Rate per Indirect Costs is the result of dividing the estimated Total Indirect Costs
for that year by the sum of the District's Total Parcels Square Footage. The rate is
calculated to four decimal places.
Total Levy Rate per Square Foot: This amount represents the Rate being applied to
each assessed parcel's individual lot square footage. The Levy Rate per Square Foot is
the result of dividing the estimated Total District Costs for that year by the sum of the
District's Total Parcel Square Footage. The rate is calculated to four decimal places.
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The District Budget shown on the following table (Table 4), lists the estimated costs of
providing the various improvements and services within the District. The costs and the
resulting rates for Fiscal Year 2006/07 through Fiscal Year 2010/11 are based on the
estimated costs to provide the improvements and services for each year. Direct Costs,
District and County Administration Costs, and Insurance Costs are adjusted for the
three percent (3%) inflation factor.
The owners' association, appointed by the City Council, will annually review the
District costs and make recommendations for any changes or adjustments to the
budget. Changes to the budget could result in changes to the annual assessment but,
the resulting total assessment may not exceed the maximum rates established in this
Report without first obtaining property owner approval through assessment ballots.
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Table 4: Five Year Budget
Budget item
Actual
Proposed
Assessment
Maximum Proposed Assessment for Fiscal Years
FY 2006-07 (II 2006-07 2007-08 2008-09 2009-10 2010-11
Direct Costs
Sweeping Services $ 4,000 S 4.000 $ 4.120 S 4,244 $ 4,371 $ 4.502
Landscape Contract Maintenance 4,500 4,500 4.635 4,774 4,917 5,065
Lighting Repair & Maintenance 1,200 1.200 1,236 1,273 1,311 1,351
Landscape Repair & Maintenance 3.500 3.500 3,605 3,713 3,825 3,939
Landscape Utilities - Water 2,000 2.000 2,060 2,122 2,185 2,251
Street Lighting Utilities - Electric 4,700 4.700 4,841 4,986 5,136 5,290
Landscape Utilities - Electric 500 500 515 530 546 563
Subtotal Direct Costs S 20,400 S 20.400 $ 21,012 $ 21,642 $ 22,292 $ 22,960
Indirect Costs
District Administration 3,500 3,500 3,605 3,713 3,825 3,939
County Administration Fee 175 175 180 186 191 197
County Per Parcel Fee 8 8 8 8 9 9
Operating Reserve Fund Collection 1,000 1,000 1,000 1,000 1,000 1,000
Parking Lot Maintenance Fund Collection 6,200 6,200 6,200 6,200 6.200 6,200
Insurance 1,500 1 500 1,545 1,591 1,639 1 688
Subtotal Indirect Costs $ 12,383 $ 12,383 S 12,538 $ 12,699 $ 12.864 S 13,034
Levy Breakdown
Total District Costs 32,783 32,783 33,550 34,341 35,155 35,994
Balance to Levy S 32,783 $ 32,783 $ 33,550 S 34.341 $ 35,155 S 35.994
District Statistics
Total Parcels 16 16 16 16 16 16
Total Parcels To Levy 16 16 16 16 16 16
Total Parcels Square Footage 453.956.00 453,956.00 453,956.00 453,956.00 453,956.00 453,956.00
Levy Rate per Direct Costs per Sq Ft S 0.0450 $ 0.0450 $ 0.0464 S 0.0478 $ 0.0492 $ 0.0506
Levy Rate per Indirect Costs per Sq Ft $ 0.0272 S 0.0272 S 0.0278 $ 0.0280 $ 0.0284 $ 0.0288
Total Levy Rate per Square Foot $ 0.0722 $ 0.0722 S 0.0740 $ 0.0758 $ 0.0776 $ 0.0794
Operating Reserve Fund Balance
Previous Balance - 1,000 2,000 3.000 4,000
Ending Balance 1,000 1,000 2,000 3 000 4.000 5,000
Parking Lot Maintenance Fund Balance
Previous Balance 6,200 12,400 18,600 24,800
Ending Balance 6,200 6,200 12 400 18.600 24,800 31.000
Maximum annual assessments for direct costs. district and county administration. and nsurance are adjusted by 3% from the previous Fiscal Year for F.scal Years
2007-08 through 2010-2011 Tne PBID Advisory Board will determine the amount of any actua: increase for those years which may not exceed 3% per year
FY 2006-07 Actual and Maximum Proposed Assessments are the same
Sources. City of Palm Desert, MuniFinancial
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The Boundary Map for the District is on the following page and is inclusive of all
parcels identified on the County of Riverside Assessor's Parcel Maps as Book 627, Page
192. The Boundary Map will be kept on file with the City Clerk of the City of Palm
Desert. For the Public Hearing on this District, the Final Engineer's Report will
contain an Assessment Diagram.
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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 5 on the following
page.
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1) Due to rounding, totals may not add up to $32.783.
Sources Riverside County Secured Roll, Mund'inancial