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Res 06-51 thru 06-54 Formation Alessandro Alley PBID
CITY OF PALM DESERT DEVELOPMENT SERVICES AGENCY STAFF REPORT REQUEST: 1. Approval to Declare the Results of the Property Owner Protest Proceeding for the Formation of the Alessandro Alley Property and Business Improvement District. 2. Approval to Amend and/or Approve the Engineer's Report for the Alessandro Alley Property and Business Improvement District; and Order the Levy and Collection of Assessments for Fiscal Year 2006/2007. DATE: April 13, 2006 CONTENTS: Resolution No.(s) 06-51 , 06-52 06-53 , 06-54 Table 1 (List of Assessments) Site Map Final Engineer's Reports Final Management District Plan Recommendation: At the conclusion of the public hearing, waive further reading and adopt: 1. Resolution No. 06-51, declaring the results of the property owner protest proceeding for the formation of the Alessandro Alley Property and Business Improvement District. 2. Resolution No. 06-52, approving and/or amending the Engineer's Report regarding the formation of the Alessandro Alley Property and Business Improvement District, Fiscal Year 2006/2007. 3. Resolution No. 06-53 , approving the Final Management District Plan for the Alessandro Alley Property and Business Improvement District for Fiscal Year 2006/2007. 4. Resolution No. 06-54 , ordering the formation of the Alessandro Alley Property and Business Improvement District, and the levy and collection of assessments for FY 2006/2007. Executive Summary: In January, Staff received a petition signed by a majority of property owners in favor of proceeding the formation of the Alessandro Alley Property and Business Improvement District. The proposed district would fund the maintenance of the Alessandro Alley, Staff Report Alessandro Alley Property and Business Improvement District Page 2of2 April 13, 2006 including future landscaping, lighting, parking lot sweeping, and block walls along the rear of properties located on the north side of Highway 111, between Las Palmas and 300 feet east of Monterey Avenue. On February 23, 2006, the City Council initiated the formation of the Alessandro Alley Property and Business Improvement District, and set a public hearing for April 13, 2006, to declare the results of the property owner balloting. Ballots were sent to all 22 property owners within the district, and the results will be declared at the conclusion of the public hearing. If the District is approved, the attached resolutions allow the City Council to: • Declare the results of the property owner ballot proceeding. • Approve the District's Final Engineer's Report, annual assessments for each property and the District's five-year Budget; and • Authorize the levy of annual assessments for FY 2006/2007. Background: In September of 2005, the Redevelopment Agency Board authorized Staff to proceed with the design of the Alessandro Alley improvements, and with the formation of a District to fund future maintenance costs for the alley. The proposed Alessandro Alley improvements includes the addition of 169 parking spaces, water efficient landscaping, street lighting, and block walls along rear of the commercial properties located on the north side of Highway 111, from Las Palmas Avenue to approximately 300 feet east of Monterey Avenue. Discussion: In December of 2005, Staff circulated a petition and the Preliminary Management District Plan to all 22 property owners located within the proposed Alessandro Alley District. The District's Management Plan and attached Engineer's Report outlines the location of the district, the proposed improvements (RDA funded), the five-year budget, and the proposed annual assessment for each property. On February 23, 2006, the City Council initiated the proceedings to form the Alessandro Alley Property and Business Improvement District. The City Council also authorized Staff to ballot the property owners and set a public hearing for April 13, 2006, to declare the results. In order for the District to be formed, a majority of returned ballots must be in favor of formation of the district. If the ballot results are in favor of formation, the City Council may adopt a series of resolutions to accomplish the following: 2 Staff Report Alessandro Alley Property and Business Improvement District Page 2 of 2 April 13, 2006 1. Declare the results of the balloting and approve the formation the Alessandro Alley Property and Business Improvement District. 2. Approve the Final Engineer's Report and Management District Plan for a five- year term (FY 2006/07-FY 2010/2011). 3. Order the levy and collection of annual assessments starting FY 2006/02007. The District's budget includes, but is not limited to, funding the following services within the Alessandro Alley: • Landscaping Maintenance • Utilities (Water) • Street Lighting • Street Sweeping • Reserve Fund for Parking Lot Re -slurry Table 1 (attached) outlines each property's maximum proposed annual levy. The Redevelopment Agency is currently designing the improvements to the alley and anticipates that the improvements will be completed in 2007. Since the improvements are not scheduled to be completed until 2007, the District will only be assessed for half a year for FY 2006/2007. The following years the assessments will be fully funded. Conclusion: With the proposed annual levies, reserves, and cost of living adjustments, the district can be maintained to City standards and be self-supporting. Therefore, staff recommends that the City Council adopt the attached resolutions and authorize the levy and collection of annual assessment starting FY 2006/2007. Submitted By: rtin Alvarez enior Management Analyst Approval: arlos L. 0 City Mana Department Head: Homer Croy ACM for Devopment Services Director of Finance 3 RESOLUTION NO. 06-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING THE RESULTS OF A PROPERTY OWNER PROTEST PROCEEDING FOR THE ALESSANDRO ALLEY PROPERTY AND BUSINESS IMPROVEMENT DISTRICT AND APPROVING CERTAIN RELATED ACTIONS The City Council of the City of Palm Desert (hereafter referred to as the "City Council") does resolve as follows: WHEREAS, The City Council called and duly held a property owner protest proceeding for the Alessandro Alley Property and Business Improvement District (hereafter referred to as the "District") pursuant to the provisions of Property and Business Improvement District Law of 1994, Part 7 of Division 18 of the Streets and Highways Code of California (hereafter referred to as the "Act") and the California Constitution Articles XII/C and XIIID, for the purpose of presenting to the qualified property owners within the District the annual levy of assessments and a maximum annual assessment over the next five years for the costs and expenses associated with the maintenance and operation of landscaping, lighting, street sweeping and all appurtenant facilities related thereto; and, WHEREAS, the landowners of record within the District as of the close of the Public Hearing held on April 13, 2006 did cast their ballots, the results of which are illustrated below: Total Ballots Cast Yes Total No Total $ $ $ NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS: Section 1: The above recitals are true and correct. Section 2: The protest proceeding was conducted, with ballots presented to qualified property owners of the District for receipt by the City Clerk on April 13, 2006, weighted according to the proportional financial obligation of the affected property. Section 3: The results of the tabulation of the valid property owner protest ballots returned by the property owners within said District, prior to the conclusion of the Public Hearing and property owner protest proceeding held for the District on April 13, 2006, is hereby confirmed and made public record. Section 4: The tabulation of the valid property owner protest ballots returned by the property owners within said District indicates approval of the assessment and maximum assessment allowed over the next five years. Therefore the City Council is hereby authorized to take the necessary steps to levy the assessments as approved. RESOLUTION NO. 06-51 Section 5: The City Clerk is hereby directed to enter this Resolution on the minutes of the City Council which shall constitute the official declaration of the result of such property owner protest proceeding. Section 6: This Resolution shall become effective immediately upon its adoption. Section 7: The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this day of , 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. 06-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO APPROVE THE FINAL ENGINEER'S REPORT FOR THE ALESSANDRO ALLEY PROPERTY AND BUSINESS IMPROVEMENT DISTRICT, FISCAL YEAR 2006/07 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 Alessandro Alley 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 final 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 satisfied with the District, each and all of the budget items and documents as set forth therein, and is satisfied that the levy amounts 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, 06-52 Section 4: The "Engineer's Report" as presented is hereby approved and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. 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. 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 2 JIM FERGUSON, MAYOR RESOLUTION NO. 06-53 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL MANAGEMENT DISTRICT PLAN FOR THE ALESSANDRO ALLEY PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2006/07 AND APPOINTMENT OF AN OWNER'S ASSOCIATION The City Council of the City of Palm Desert (hereafter referred to as the "City Council") does resolve as follows: WHEREAS, pursuant to the provisions of Property and Business Improvement District Law of 1994, Part 7 of Division 18 of the Streets and Highways Code of California (hereafter referred to as the "Act"), property owners within the District, representing more than 50 percent of the proposed assessment to be levied have presented to the City Council a written petition for the formation of the District; and, WHEREAS, the City Council pursuant to the Act, did by previous resolution order the Assessment Engineer, MuniFinancial, (hereafter referred to as "Engineer") to prepare and file a Management District Plan (hereafter referred to as "Report") in connection with the formation of the Alessandro Alley Property and Business Improvement Assessment District, and the establishment of maximum assessments to pay the maintenance and services of landscaping, lighting, street sweeping and all appurtenant facilities and operations related thereto; and, WHEREAS, the Engineer has prepared and filed with the City Clerk of the City of Palm Desert and the City Clerk has presented to the City Council such report entitled "Management District Plan for the Alessandro Alley Property and Business Improvement District, Fiscal Year 2006/07; and, WHEREAS, the City Council has carefully examined and reviewed the Report as presented, and is satisfied with each and all of the items and documents as set forth therein, and finds that the levy has been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed, as set forth in said Report; and, NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS: Section 1: The above recitals are true and correct. Section 2: The Report as presented, is hereby approved and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. RESOLUTION NO. 06-53 Section 3: Pursuant to the Act, the City Council hereby appoints the Alessandro Alley Owner's Association as the Owner's Association for the District. This Owner's Association consists of at least one member that is a business licensee within the District who is not also a property owner within the District. This Owner's Association shall cause to be prepared a report for each subsequent fiscal year for which assessments are to be levied and collected. Said annual report shall be filed with the City Clerk and shall contain: any proposed changes to the district boundary; the improvements and activities to be provided that year; the estimated costs for that year; the method of assessment; the amount of any surplus or deficit; and contributions from other sources. The City Council may approve the report as submitted or as modified. Section 4: That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of and final approval of the Report and appointment of the District Owner's Association. 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. 06-54 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA ORDERING THE FORMATION OF THE ALESSANDRO ALLEY PROPERTY AND BUSINESS IMPROVEMENT DISTRICT AND THE LEVY AND COLLECTION OF ASSESSMENTS FOR SAID DISTRICT FOR FISCAL YEAR 2006/07 The City Council of the City of Palm Desert, California (hereafter referred to as the "City Council") hereby finds, determines, resolves and orders as follows: WHEREAS, pursuant to the to the provisions of Property and Business Improvement District Law of 1994, Part 7 of Division 18 of the Streets and Highways Code of California (hereafter referred to as the "Act"), property owners within the proposed District, representing more than 50 percent of the proposed assessment to be levied have presented to the City Council a written petition for the formation of the District and the levy and collection of assessments; and, WHEREAS, the City Council, pursuant to the Act did by previous Resolutions initiate proceedings and order the preparation of a Management District Plan in connection with the formation of the Alessandro Alley Property and Business Improvement District (hereafter referred to as the "District"), and the establishment of maximum assessments to pay the maintenance and services of landscaping, lighting, street sweeping and all appurtenant facilities and operations related thereto; and, WHEREAS, the City Council, pursuant to the Act did by previous Resolution appoint an Owner's Association consisting of at least one member that is a business licensee within the District who is not also a property owner within the District, and this Owner's Association shall cause to be prepared an annual report regarding the District for the City Council's approval; and, WHEREAS, the City Council called and duly held a property owner protest proceedings for the District pursuant to the provisions of the Act and the California Constitution Articles XIIIC and XI/ID, for the purpose of presenting to the qualified property owners within the District the annual levy of assessments and a maximum annual assessment over the next five years for the costs and expenses associated with the maintenance and operation of landscaping, lighting, street sweeping and all appurtenant facilities related thereto; and, WHEREAS, the protest proceeding was conducted, with ballots presented to qualified property owners of the District for receipt by the City Clerk on April 13, 2006, weighted according to the proportional financial obligation of the affected property, and the tabulation of said protest ballots returned by the property owners indicated approval of the assessment and maximum assessment allowed over the next five years; and, RESOLUTION NO. 06-54 NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS: Section 1: The above recitals are true and correct. Section 2: The City Council desires to form the Alessandro Alley Property and Business Improvement District and to levy annual assessments for a duration of not more than five years pursuant to the provisions of the Act. Section 3: The City Council hereby declares pursuant to the Act and the method of apportionment described in the Management District Plan, that said annual assessments shall not exceed the maximum assessment approved by the property owners and shall commence with the first fiscal year beginning July 1, 2006 and ending June 30, 2007 to pay the costs and expenses of operating, maintaining and servicing said improvements located within the District. Section 4: Following notice duly given, the City Council has held a full and fair Intent Meeting and Public Hearing in connection therewith; the levy and collection of assessments, and considered all oral and written statements, protests and communications made or filed by interested persons. The City has tabulated the ballots and determined that the property owners have approved the annual levy and collection of assessments and a maximum assessment over the next five years as outlined in the Management District Plan, in full compliance with California Constitution Articles XI!IC and XIIID. Section 5: Based upon its review of the Management District Plan, a copy of which has been presented to the City Council and which as been filed with the City Clerk, the City Council hereby finds and determines that: i.) The territory of land within the District will receive special benefits from the operation, maintenance and servicing of the improvements and appurtenant facilities located within the boundaries of the District. ii.) District includes all of the lands so benefited; and iii.) The net amount to be assessed upon the lands within the District in accordance with the proposed budget for the fiscal year commencing July 1, 2006 and ending June 30, 2007 is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefits to be received by each parcel from the improvements and services. iv.) The Assessments so described in the Management District Plan are consistent with the assessments so approved by the property owners within the District. 2 RESOLUTION NO. 06-54 Section 6: The Report and assessments as presented to the City Council and on file in the office of the City Clerk are hereby confirmed as filed. Section 7: The City Council hereby orders the proposed improvements to be made, and the levy and collection of annual assessments to pay for those improvements to be presented to the County Auditor/Controller of Riverside commencing with Fiscal Year 2006/07. The County Auditor/Controller shall enter on the County Tax Roll opposite each parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer. Section 8: The City Treasurer shall deposit all money representing assessments collected by the County for the District to the credit of a fund for the Alessandro Alley Property and Business Improvement District, and such money shall be expended only for the improvements described in the Management District Plan. Section 9: The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing July 1, 2006 and ending June 30, 2007. Section 10: The City Clerk is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this day of , 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 CITY OF PALM DESERT FINAL ENGINEER'S REPORT ALESSANDRO ALLEY PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FISCAL YEAR 2006/07 PALM DESERT Intent Meeting: February 23, 2006 Public Hearing: April 13, 2006 Temecula Office 27368 Via Industria Suite 110 Temecula, California 92590 Tel: (951) 587-3500 Fax. (951) 587-3510 MuniFinancial Anaheim, CA Lancaster, CA Oakland, CA www.muni.com Phoenix, AZ San Diego, CA Seattle, WA 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. MuniFinancial Assessment Engineer On Behalf of the City of Palm Desert By: Richard Kopecky R. C. E. # 16742 MuniFinancial TABLE OF CONTENTS OVERVIEW 1 Introduction 1 District Formation Process 2 DESCRIPTION OF THE DISTRICT 3 Description of the District Boundary 3 Description of the Improvements and Activities 3 Special Benefits of the Improvements and Activities 4 METHOD OF APPORTIONMENT 6 Method of Apportionment Rationale 6 Parking Areas Improvements and Services 6 Method of Apportionment Calculations 6 Apportionment of Direct Costs 6 Apportionment of Indirect (Administration / Reserve) Costs 8 Total Annual Assessment 8 Annual Budget Adjustments 9 DESCRIPTION OF BUDGET ITEMS 10 Direct Benefit Costs 10 Indirect Benefit Costs (Administration / Reserves) 11 Levy Breakdown 11 District Statistics 12 District Budget 12 APPENDIX A: DISTRICT BOUNDARY MAP A-1 APPENDIX B: DISTRICT ASSESSMENT ROLL B-1 MuniFinancia/ Page ii City of Palm Desen7 Alessandro Ally Proper!- and Business Improvement Dishict Final Engineer's Report Fiscal Year 200610 OVERVIEW INTRODUCTION The City of Palm Desert ("City") has established the Alessandro Alley Property- and Business Improvement District (the "District"). The purpose of the District is to provide funding for the annual operation and maintenance of certain improvements that confer special benefits upon real property within the boundaries of the District. The District is proposed to have a maximum term of five years beginning in Fiscal Year 2006/07 and ending in Fiscal Year 2010/11. Once the term of the District has expired, the property owners within the District have the ability to renew the District up to another ten-year term as provided by current California law. The City of Palm Desert Redevelopment Agency ("Agency") currently is in the process of installing and constructing various improvements to the parking areas included within the boundaries of the proposed District. The installation and construction of the improvements will be fully funded by the Agency. The annual operation and maintenance of these improvements are proposed to be funded through District assessments. The assessments are proposed to be levied on the District parcels that benefit from the annual operation and maintenance of these improvements. The District has been established and levied pursuant to the Property and Business Improvement District Law of 1994, Part 7 of Division 18 of the California Streets and Highways Code ("Act"). Pursuant to the Act, a majority of property owners, weighted by assessment dollars within the District submitted a signed petition requesting formation of the District. The District has been formed, and a maximum assessment approved, by the property owners through an assessment ballot proceeding, conducted according to provisions of the California Constitution Article ZIIID ("Proposition 218"). Pursuant to the Act, the Council may propose 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 2006/07 through 2010/2011). This Engineer's Report ("Report") describes the proposed District, improvements and activities, method of apportionment, special benefit analysis, boundaries of the District, the proposed budgets, and the maximum assessment to be approved for the five-year duration of the District. The proposed assessments are based on the estimated cost to provide the improvements, activities, and operation that provide a direct and special benefit to properties within the District. The costs of improvements, activities, and operation 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 Assessment Number by the County of Riverside Assessor's Office. The County of Riverside Auditor/Controller uses Assessment Numbers to identify, on the tax roll, parcels and properties assessed for special district benefit assessments. _l runirinanial Page 1 City of Palm Desert Alessandro Ally Propez7}y, and Business Impvvement District Final Engineer's Report Fiscal Year 2006/07 DISTRICT FORMATION PROCESS A written petition of the property owners within the District, representing more than 50 percent of the proposed District assessment to be levied, was submitted to the City Council to initiate formation proceedings. The City Council initiated proceedings for the formation of the District by adopting a resolution expressing its intention to form the District. The resolution of intention contained the original Management District Plan and the time and place of a public hearing on the establishment of the District and ley of assessments. Not less than forty-five (45) days and not more than ninety (90) days of adopting the resolution of intention, the City Council held a public hearing on the matter of formation, and caused notice to the property owners pursuant to Section 54954.6 of the Government Code. Public notices and assessment ballots (property owner protest ballots) were mailed to each property owner at least 45 days prior to the public hearing pursuant to Article XIIID of the California Constitution. At the public hearing, the City Council provided the public and property owners an opportunity to provide oral protests and written protests prior to the adoption of the Management District Plan and the final Engineer's Report. Pursuant to the California Constitution Article XIIID, the City Clerk or its designated alternate tabulated property owner assessment ballots received from property owners and determined that majority protest did not exist. Pursuant to the Act, the City Council shall appoint an Owner's Association ("Association") for the District. This Association shall make recommendations to the City Council on the expenditures of revenue derived from the levy of assessments and on the classification of properties as applicable. This Association shall cause to be prepared a report each fiscal year for which assessments are to be levied and collected. Said annual report shall be filed with the Citv 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. MunzFinancial Page 2 City of Palm Deser7 Alessandro A/1e' Proper, and Business Improvement District Final Engineer's Report Fiscal Year 07 DESCRIPTION OF THE DISTRICT DESCRIPTION OF THE DISTRICT BOUNDARY The District consists of all parcels located in the commercial business area known as the Alessandro Alley within the City of Palm Desert, County of Riverside. The District includes twenty-two (22) assessable commercial parcels. The boundaries of the District are in the southwest area of the City and the parcels therein are generally located North of Highway 111 and Palm Desert Drive North; generally South of San Gorgonio Way; adjacent to and South of Alessandro Alley; adjacent to and West of Las Palmas Avenue; and generally East of Monterey Avenue. DESCRIPTION OF THE IMPROVEMENTS AND ACTIVITIES In an effort to enhance and improve business opportunities and the appearance of the area known as the Alessandro Alley, the Agency currently is providing funds for the renovation and capital improvement of the parking areas and landscaped areas related to this commercial business center. In conjunction with this renovation, Alessandro Alley Property and Business Improvement District has been formed to provide and ensure the continued operation and maintenance of the improvements after the renovations have been completed. 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 area landscaped areas: including but not limited to ground cover, shrubs, trees, plants, irrigation and drainage systems and associated appurtenant facilities. • Parkins area lighting facilities: including but not limited to bulbs, fixtures, poles, wiring, and electrical energy. • Debris removal: including but not limited to regular mechanical sweeping of the parking areas. The costs associated with the improvements are equitably spread among all benefiting parcels within the District utilizing the method of apportionment described in the Section, "Method of Apportionment", of this Report. The total funds collected shall be dispersed and used for only the services and operations provided to the District. :LluniFinanda/ Page 3 City of Palm Dese,T Alessandro Alley Propegand Business Improvement District Final Engineer's Repon' Fiscal Year 2006/07 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 areas, and regular sweeping of the parking areas. The special benefits of lighting (parking area lights) are the convenience, safety, and security- of property, improvements, and goods. Specifically: 1. Enhanced deterrence of crirne 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. The benefits associated with the improvements within the parking areas are specifically: 8. Improved aesthetic appeal of the parking area and nearby parcels; 9. Improved dust control; 10. Enhanced adaptation of the urban environment within the natural environment; 11. Improved traffic circulation; 12. A positive representation of the businesses within the District; 13. Centralized locations for refuse collection facilities. Parking area 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 is: 1. Enhanced aesthetic appeal of the parking area and the properties that are associated with the parking area; 2. Improved dust control. i it niFinancial Page 4 Cite ofPalrn Desert Alessandro Alley Prope/D• and Business Improvement Dist,ict Final Engineer's Report Fiscal Year 2006/07 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. _NuniFi,ia,uial Page 5 City of Palm Desert Alessandro Alley Proper!!}- and Business Improvement District Final Engineer's Report Fiscal Year 2006/07 METHOD OF APPORTIONMENT METHOD OF APPORTIONMENT RATIONALE The costs of the District improvements have each been apportioned by a formula and method that 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 AREAS IMPROVEMENTS AND SERVICES All assessed parcels within the Alessandro Alley PBID have use of, and access to, parking facilities (parking spaces) that provides access, parking, and delivery areas for the businesses and parcels within the District. The parking spaces are located alongside the assessed parcels within the PBID and are adjacent to Alessandro Alley. Although the parking spaces are not in a centralized facility, they can be used and accessed by all properties within the District. However, it can be reasonably expected that parking facilities closest to each assessed parcel will be used for access to each such parcel. In determining the method of apportionment for these improvements, each parcel's benefit is based on access to the parking areas 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 areas improvements shall be based on the approximate front footage adjacent to the parking areas. The parcels within the District front Alessandro Alley and the parking areas are on only one side (north side of the property). To ensure a reasonable and equitable apportionment of special benefit, parcels are only assessed for their front footage along the north side of their property adjacent to the parking areas. METHOD OF APPORTIONMENT CALCULATIONS The Total Direct Costs of the parking areas improvements and services are apportioned to each parcel within the District based on each parcel's front footage adjacent to the parking areas in linear feet. In addition to a parcel's Total Direct Cost, each parcel is assessed for District administration expenses, a reserve fund collection, and a parking areas maintenance fund. 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 areas improvements and services (maintenance) is based on the estimated annual costs to maintain the landscaping, lighting, MunnFinancial Page 6 City o f Palm Desert Alessandro Alley Property and Business Improvement Distvrct Final Engineer's Report Final Year 2006/07 and mechanical sweeping of the parking areas within Alessandro Alley. This Total Direct Cost, divided by the sum of the linear front footage of all parcels within the District, establishes a rate per parcel linear foot. This rate multiplied by each parcel's front footage equals the parcel's proportionate share of the parking areas maintenance costs (rounded to the nearest even penny. For the initial vcar of the PBID, FY 2006-07, the actual annual assessment may be lower than the Maximum allowable annual assessment as illustrated by the District Budget (Table 4). This adjustment would be based on the parking areas improvements construction schedule. The plans proposed for construction of improvements are for a beginning date in Fall 2006 and completion by early 2007. If the District's activities become effective during only a portion of the District's first fiscal year, only one-half of the District's Direct Costs would be collected for the FY 2006-07 assessment. The rates provided below are the maximum allowable and actual proposed assessment rates for Fiscal Year 2006/07 only. Please refer to the District Budget (Table 4) for future assessment rates. DIRECT COST RATE CALCULATION Total Direct Cost / Total Front Footage = Rate per Linear Foot Rate x Parcel Front Footage = Direct Cost Assessment Component Table 1 lists the proposed FY 2006/07 direct costs and costs per linear foot. Table 1: Direct Cost Proposed Assessment and Rate Proposed Direct Proposed Rate Costs for FY (per Front Footage) 2006-07 for FY 2006-07 First Fiscal Year Maximum First Fiscal Year Actual $ 13,900 $ $ 6,950 $ 7.920 3.960 2IuniFinan ial Page 7 City of Palm Desert Alessandro Alley Proper. and Business Improvement District Final Engineer's Report Fiscal Year 2006107 APPORTIONMENT OF INDIRECT (ADMINISTRATION / RESERVE) COSTS To ensure the improvements, activities, and services provided and funded through the District are continued, each parcel will be assessed for administrative and reserve costs. These include all expenses related to the administration of the District as well as the collection of money towards a Parking Areas Maintenance Fund and an Operating Reserves Fund. For Fiscal Year 2006/07, the Reserve Fund Collections are proposed to be slightly under thirty-eight percent (37.69%) of the annual Total District Costs. For Fiscal Years 2007/08 through 2010/11, the Reserve Fund Collections are proposed to be under twenty- seven percent (26.50%) of the annual Total District Costs. 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 front footage. The rate provided below is the maximum allowable rate for Fiscal Year 2006/07 only. Please refer to the District Budget (Table 4) for future assessment rates. INDIRECT COST RATE CALCULATION Total Indirect Cost / Total Front Footage = Rate per Linear Foot Rate x Parcel Front Footage = Indirect Cost Assessment Component Table 2 lists the proposed FY 2006/07 indirect costs and costs per linear foot. Table 2: Indirect Cost Proposed Assessment and Rate Proposed Proposed Rate Indirect Costs (per Front Footage) for FY 2006-07 for FY 2006-07 First Fiscal Year Maximum $ 9,500 $ 5.400 TOTAL ANNUAL ASSESSMENT Each parcel's Total Annual Assessment is the sum of its proportionate share of the District's 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 rates provided below are the maximum allowable and actual proposed assessment rates for Fiscal Year 2006/07 only. Please refer to the District Budget (Table 4) for future assessment rates. uniFinanciai Page 8 City of Palm Desert Alessandro Alley Pvpe>>y and Business Improvement District Final Engineer's Report Fiscal Year 2006/07 TOTAL COST RATE CALCULATION Direct Cost Rate + Indirect Cost Rate = Total Rate per Linear Foot Total Rate x Parcel Front Footage = Total Parcel Assessment Table 3 lists the proposed FY 2006/07 total costs and costs per linear foot. Table 3: Total Cost Proposed Assessment and Rate First Fiscal Year Proposed Direct Proposed Rate Costs for FY (per Front Footage) 2006-07 for FY 2006-07 Direct Costs Maximum Direct Costs Actual Indirect Costs Total Costs Maximum Total Costs Actual $ 13,900 $ 7.920 $ 6,950 $ 3.960 $ 9,500 $ 5.400 $ 23,400 $ 13.320 $ 16,450 $ 9.360 ANNUAL BUDGET ADJUSTMENTS For the initial five years of the PBID, annual assessments may be adjusted by the Alessandro Alley PBID Association up to three percent (3%) per year. Actual annual adjustments may range from zero percent (0°%) to three percent (39%). Adjustments may differ from year to year depending on the service needs identified by the 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. Mi niFinancial Page 9 of Palm Desert Alessandro A/4'y Prope,!y and Business Improvement District Final Engineer's Report Fiscal Year 2006/07 DESCRIPTION OF BUDGET ITEMS IN TABLE 4 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 and operations required within the District will be determined by City staff. The landscape maintenance area is approximately 10,000 square feet. • Landscape Pruning: Includes all regularly scheduled labor, material, and equipment required to properly maintain and ensure the satisfactory condition of all trees including palm trees, 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. There will be approximately 45 trees to be maintained. • Landscape rater. Utility cost to furnish water for required landscape irrigation. The landscape maintenance area is approximately 10,000 square feet. • Lighting: 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. There will be approximately 30 street lights to be serviced. • Sweeping Services: Weekly cleaning of the parking areas and gutters using a contracted, mechanized service. • Landscape Repairs/Lighting: 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 and lighting materials or renovation of irrigation and lighting systems. MuniFinamzal Page 10 City o% Palm Desert .Alessandro Ally Proper.• and Business Improvement District Final Engineer's Repon7 Fiscal Year 2006107 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. • Operating Reserve Fund; 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 2007/08 through FY 2010/11. Because the District is proposed to operate beginning in FY 2006/07, with no assessments collected in the prior fiscal year (FY 2005/06), the first six months of District operations (in FY 2006/07) will be funded through non - District accounts. Once the District receives the first installment of assessments from the County of Riverside in January 2007, the non -District account(s) will be reimbursed. The plans proposed are for construction of improvements to begin in Fall 2006 and be completed by early 2007. If the District's activities become effective in early 2007, there will be District funds available to cover their costs. 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. For Fiscal Year 2006/07, the Operating Reserve Fund Collection is proposed to be under seventeen percent (16.41°%) of the annual Total District Costs. For Fiscal Years 2007/08 through 2010/11, the Operating Reserve Fund Collection is proposed to be under twelve percent (11.54%) of the annual Total District Costs. • Parking Areas Maintenance Fund: The Parking Areas Maintenance Fund provides funds for the sealing and re -striping of the parking areas after the fourth year of the term of the District. These funds are proposed to be held in reserve until such time as the sealing and re -striping are required and there are sufficient funds to pay for their costs. • 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. MuniFinancial Page 11 Cii• of Palm Desert Alessandro Alley Property] and Business Improvement District Final Engineer's Report Fiscal Year 2006/ 07 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. There are currently no exempt parcels within the District; however, non -assessed lots or parcels may include easements, common areas, and parcels within the boundaries of the District that do not benefit from the improvements. • Total Front Footage (Parking Areas): This is the sum total of the parcel front footage applied to each parcel within the District. • Levy Rate per Direct Costs: This amount represents the Rate being applied to each parcel's individual front footage for Direct Costs. 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 Front Footage. The rate is calculated to three decimal places. • Leg Rate per Indirect Costs: This amount represents the Rate being applied to each parcel for Administrative Costs, the Operating Reserve Fund and the Parking Areas Maintenance Fund. 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 Front Footage. The rate is calculated to three decimal places. • Total Leg Rate for District Costs: This is the sum total of the Levy Rate per Direct Costs and the Levy Rate per Indirect Costs. The rate is calculated to three decimal places. DISTRICT 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, adjusted for the three percent (3%) inflation factor. The 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. MuniFinancial Page 12 Cite of Palm Desert Alessandro Alle. Proper 'y and Business Fmpzavement Distnet Final Engineer's Report Fiscal Year 2006/07 Table 4: Five Year Budget Budget Item Actual Proposed Maximum Proposed Assessment for Fiscal Years Assessment FY 2006-07 (1) 2006-07 2007-08 2008-09 2009-10 2010-11 Direct Benefit Costs Landscape Maintenance Costs $ 2,250 $ 4,500 $ 4,635 $ 4,774 $ 4,917 $ 5,065 Landscape Pruning 1,125 2,250 2,318 2,387 2,459 2,532 Landscape Water 850 1,700 1,751 1,804 1,858 1.913 Lighting 1,125 2,250 2,318 2,387 2,459 2,532 Sweeping Services 750 1,500 1,545 1,591 1,639 1,688 Landscape Repairs/Lighting 850 1,700 1,751 1,804 1,858 1,913 Subtotal Direct Costs $ 6,950 $ 13.900 $ 14.317 $ 14,747 $ 15,189 $ 15,645 Administration/Insurance District Administration 3,000 3,000 3.090 3,183 3,278 3,377 Insurance 300 300 309 318 328 338 Subtotal Administrative Costs $ 3,300 $ 3,300 $ 3,399 $ 3,501 $ 3,606 $ 3,714 Reserve Funds Parking Areas Maintenance Fund 3,500 3,500 3,605 3,713 3,825 3,939 Operating Reserve Fund 2,700 2,700 2,781 2.864 2,950 3.039 Subtotal Reserve Fund Costs $ 6,200 $ 6,200 $ 6,386 $ 6,578 $ 6,775 $ 6,978 Levy Breakdown Total District Costs 16,450 23,400 24,102 24,825 25,570 26,337 Balance to Levy $ 16,450 $ 23,400 $ 24,102 $ 24,825 $ 25,570 $ 26,337 District Statistics Total Parcels 22 22 22 22 22 22 Total Parcels To Levy 22 22 22 22 22 22 Total Front Footage (Parking Areas) 1,756.68 1,756.68 1,756.68 1,756.68 1,756.68 1,756.68 Levy Rate per Direct Costs $ 3.960 $ 7.920 $ 8.160 $ 8.400 $ 8.640 $ 8.900 Levy Rate per Indirect Costs S 3.520 $ 3.520 $ 3.640 $ 3.740 $ 3.860 $ 3.980 Total Levy Rate for District Costs $ 9.360 $ 13.320 $ 13.720 $ 14.140 $ 14.560 $ 15.000 Operating Reserve Fund Balance Previous Balance - 2,700 5,481 8,345 11,296 Ending Balance 2,700 2,700 5,481 8,345 11,296 14,335 Parking Lot Maintenance Fund Balance Previous Balance - 3,500 7.105 10,818 14,643 Ending Balance 3,500 3,500 7,105 10,818 14,643 18,582 Maximum annual assessments for direct benefit costs, administrative costs and reserve fund collection 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 Actual Proposed Assessment has direct costs assessed for only one-half of the fiscal year. Sources: City of Palm Desert; MuniFinancial _tfuniFinanrzal Page13 City of Palm Desert Alessandro Alley Propel' and Business Improvement District Final Engineer's Report Fiscal Year 2006/07 APPENDIX A: DISTRICT ASSESSMENT DIAGRAM The Alessandro Alley Property and Business Improvement District consists of the parcels shown on the following District Assessment Diagram. The Assessment Diagram is based on the County of Riverside's Assessor's Maps and identifies all the parcels of land within the proposed District. MuniFinancial A-1 'QLtffiilta n' oibviairr nmacMlerlWo'rms NMI ECiall OzoranaaliCOunlaanirsOutdIsWv AMMO arorsolami t. 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LZ4 41 f P'L60-( 9 �� QO•s (; L99 6 IICR'L 10• 8 999 SD'lL D 9 yr 4'LBO.1 9 Dt 6P0'ILO•LZ9 L 1f9'L60'LC9 Ll 9t9.14O LZ9 9 9Z4'Le0-LZ9 91 St9-1L0-L 9 S SL0160•LZ9 s1 999'IL0•L 9 s • VEl Li lL0'�ii6g0 LLD 0P O'CO'LLD L 0?D•L 60'�Z9 �l CCD'110'LZD 1 .1a14 ulnry Isa1Dd a V •o„ I Da6Y lsa tun Isalsd lossassy 'cm I Wsy 13I2l1SIQ 1N31943A0ddWI SS3NISnE ENV A1213d02id A311d ❑21QNVSS31V Wd21JVIQ 1N3WSS3SSV L:0/9001-.ma2 wind ytoQJ r.taau4g/vuug I?ulrtU /uataaaatdiuj rratafug pup .Utadottl chin,/ atpuprs 9/ y pasta urjvt1 f0 ,(If) City- of Palm Desert Alessandro Alley' Propeny and Business In/pmuement District Final Engineer's Report Fiscal Year 2006 / 07 APPENDIX B: DISTRICT 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 the Engineer's Report is prepared. 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AVMHOIH 880£L A1213H0O 331 AllVd'8 211213111W 3 S312JVHO 940-1L0-LZ9 9 4Z'OZZ'1 94198 $ 1.9'16 L 11 AVMHOIH 961£L 3SIM 3N3113'8 3SIM 0)1OV Z40-1L0-LZ9 4 OZ'66L 09'1.99 $ 00'09 111 AVMHOIH 081£L NVIDIVINNVH0 12138021 140-1L0-LZ9 £ OZ'66L 09'199 $ 00'09 1.11 AVMHOIH 891EL V211S1AZ 1 VH121V114'8 V211S1AZ NV11V 040- LLO-LZ9 Z 0Z'66L $ 09'199 $ 00'09 1.11 AVMHOIH 960£L I1131SVO 13VHOIW 9E0-LLO-LZ9 L u0 LO-900Z Ad (0 LO-900Z Ad a6e;oo3 Jo;;uawssassy Jo;;uawssessy ;uoad pasodojd pasodoid ien;ay wnwixeIN ssaippy sn;IS JaUMO I(padoJd JagwnN leafed 'oN Jossessy ;wsy Hod ;uawssassv :g algal Z 0/900Z ltocja}J r.raaur8t(4 /ntal holm( luatuanadug ssautsuf1 pun itaaatcl '(II b' agnw.I.rajb' ttaraci ray(r fb ,fj? ) CITY OF PALM DESERT FINAL MANAGEMENT DISTRICT PLAN ALESSANDRO ALLEY PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FISCAL YEAR 2006/07 PALM DESERT Intent Meeting: February 23, 2006 Public Hearing: April 13, 2006 Temecula Office 27368 Via Industria Suite 110 Temecula, California 92590 Tel: (951) 587-3500 Fax. (951) 587-3510 MuniFinancial Anaheim, CA Lancaster, CA Oakland, CA www.muni.com Phoenix, AZ San Diego, CA Seattle, WA TABLE OF CONTENTS OVERVIEW 1 Introduction 1 District Formation Process 2 DESCRIPTION OF THE DISTRICT 3 Description of the District Boundary 3 Description of the Improvements and Activities 3 Special Benefits of the Improvements and Activities 4 METHOD OF APPORTIONMENT 6 Method of Apportionment Rationale 6 Parking Areas Improvements and Services 6 Method of Apportionment Calculations 6 Apportionment of Direct Costs 6 Apportionment of Indirect (Administration / Reserve) Costs 7 Total Annual Assessment 8 Annual Budget Adjustments 9 DESCRIPTION OF BUDGET ITEMS 10 Direct Benefit Costs 10 Indirect Benefit Costs (Administration / Reserves) 10 Levy Breakdown 11 District Statistics 11 District Budget 12 APPENDIX A: DISTRICT BOUNDARY MAP A-1 APPENDIX B: DISTRICT ASSESSMENT ROLL B-1 Mi niFinancial City of Palm Desert Alessandro AIIy Pivperty and Business Improvement District Final Management District Plan Fiscal Year 2006107 OVERVIEW INTRODUCTION The City of Palm Desert ("City") has established the Alessandro Alley Property and Business Improvement District (the "District"). The purpose of the District is to provide funding for the annual operation and maintenance of certain improvements that confer special benefits upon real property within the boundaries of the District. The District is proposed to have a maximum term of five years beginning in Fiscal Year 2006/07 and ending in Fiscal Year 2010/11. Once the term of the District has expired, the property owners within the District have the ability to renew the District up to another ten-year term as provided by current California law. The City of Palm Desert Redevelopment Agency ("Agency") currently is in the process of installing and constructing various improvements to the parking areas included within the boundaries of the proposed District. The installation and construction of the improvements will be fully funded by the Agency. The annual operation and maintenance of these improvements are proposed to be funded through District assessments. The assessments are proposed to be levied on the District parcels that benefit from the annual operation and maintenance of these improvements. The District has been established and levied pursuant to the Property and Business Improvement District Law of 1994, Part 7 of Division 18 of the California Streets and Highways Code ("Act"). Pursuant to the Act, a majority of property owners, weighted by assessment dollars within the District submitted a signed petition requesting formation of the District. The District has been formed, and a maximum assessment approved, by the property owners through an assessment ballot proceeding, conducted according to provisions of the California Constitution Article XIIID ("Proposition 218"). Pursuant to the Act, the Council may propose 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 2006/07 through 2010/2011). This Management District Plan ("Plan") describes the proposed District, improvements and activities, method of apportionment, special benefit analysis, boundaries of the District, the proposed budgets, and the maximum assessment to be approved for the five-year duration of the District. The proposed assessments are based on the estimated cost to provide the improvements, activities, and operation that provide a direct and special benefit to properties within the District. The costs of improvements, activities, and operation 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 Assessment Number by the County of Riverside Assessor's Office. The County of Riverside Auditor/Controller uses Assessment Numbers to identify, on the tax roll, parcels and properties assessed for special district benefit assessments. MuniFinancial Page 1 City of Palm Desert Alessandro Alley Property and Business Improvement District Final Management District Plan Fiscal Year 2006/ 07 DISTRICT FORMATION PROCESS A written petition of the property owners within the District, representing more than 50 percent of the proposed District assessment to be levied, was submitted to the City Council to initiate formation proceedings. The City Council initiated proceedings for the formation of the District by adopting a resolution expressing its intention to form the District. The resolution of intention contained the original Management District Plan and the time and place of a public hearing on the establishment of the District and levy of assessments. Not less than forty-five (45) days and not more than ninety (90) days of adopting the resolution of intention, the City Council held a public hearing on the matter of formation, and caused notice to the property owners pursuant to Section 54954.6 of the Government Code. Public notices and assessment ballots (property owner protest ballots) were mailed to each property owner at least 45 days prior to the public hearing pursuant to Article XIIID of the California Constitution. At the public hearing, the City Council provided the public and property owners an opportunity to provide oral protests and written protests prior to the adoption of the Management District Plan and the final Engineer's Report. Pursuant to the California Constitution Article XIIID, the City Clerk or its designated alternate tabulated property owner assessment ballots received from property owners and determined that majority protest did not exist. Pursuant to the Act, the City Council shall appoint an Owner's Association ("Association") for the District. This Association shall make recommendations to the City Council on the expenditures of revenue derived from the levy of assessments and on the classification of properties as applicable. This Association shall cause to be prepared a report each fiscal year for which assessments are to be levied and collected. Said annual report shall be filed with the City Clerk and shall contain: any proposed changes to the district boundary; the improvements and activities to be provided that year; the estimated costs for that year; the method of assessment; the amount of any surplus or deficit; and contributions from other sources. The City Council may approve the report as submitted or as modified. .L1uniFinarrcia! Page 2 City of Palm Desert Alessandro Ally Propegy and Business Improvement District Final Management District Plan Fiscal Year 2006/07 DESCRIPTION OF THE DISTRICT DESCRIPTION OF THE DISTRICT BOUNDARY The District consists of all parcels located in the commercial business area known as the Alessandro Alley within the City of Palm Desert, County of Riverside. The District includes twenty --two (22) assessable commercial parcels. The boundaries of the District are in the southwest area of the City and the parcels therein are generally located North of Highway 111 and Palm Desert Drive North; generally South of San Gorgonio Way; adjacent to and South of Alessandro Alley; adjacent to and West of Las Palmas Avenue; and generally- East of Monterey Avenue. DESCRIPTION OF THE IMPROVEMENTS AND ACTIVITIES In an effort to enhance and improve business opportunities and the appearance of the area known as the Alessandro Alley, the Agency currently is providing funds for the renovation and capital improvement of the parking areas and landscaped areas related to this commercial business center. In conjunction with this renovation, Alessandro Alley Property and Business Improvement District has been formed to provide and ensure the continued operation and maintenance of the improvements after the renovations have been completed. 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 area landscaped areas: including but not limited to ground cover, shrubs, trees, plants, irrigation and drainage systems and associated appurtenant facilities. • Parking area lighting facilities: including but not limited to bulbs, fixtures, poles, wiring, and electrical energy. • Debris removal: including but not limited to regular mechanical sweeping of the parking areas. The costs associated with the improvements are equitably spread among all benefiting parcels within the District utilizing the method of apportionment described in the Section, "Method of Apportionment", of this Plan. The total funds collected shall be dispersed and used for only the services and operations provided to the District. MunnFinancial Page 3 City of Palm Desert Alessandro Alley Property and Business Improvement Dishzct Final Management Dishict Plan Fiscal )'ear2006/07 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 areas, and regular sweeping of the parking areas. The special benefits of lighting (parking arca 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. The benefits associated with the improvements within the parking areas are specifically: 8. Improved aesthetic appeal of the parking area and nearby parcels; 9. Improved dust control; 10. Enhanced adaptation of the urban environment within the natural environment; 11. Improved traffic circulation; 12. A positive representation of the businesses within the District; 13. Centralized locations for refuse collection facilities. Parking area 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 is: 1. Enhanced aesthetic appeal of the parking area and the properties that are associated with the parking area; 2. Improved dust control. The on -going operation and maintenance of the landscaping, lighting and sweeping improvements provide no measurable general benefit to other properties outside the District _tiuniFinancial Page 4 C`z of Palm Dese,7 Alessandro Alley Properly and Business Improvement District Final Management District Plan Fiscal Year 2006/07 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. ManiFinanc/al Page 5 Cite of Palm Desert Alessandro Alley- P?vpert)' and Business Improvement Distract Final Management District Plan Fiscal Year 2006/07 METHOD OF APPORTIONMENT METHOD OF APPORTIONMENT RATIONALE The costs of the District improvements have each been apportioned by a formula and method that 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 AREAS IMPROVEMENTS AND SERVICES All assessed parcels within the Alessandro Alley; PBID have use of, and access to, parking facilities (parking spaces) that provides access, parking, and delivery areas for the businesses and parcels within the District. The parking spaces are located alongside the assessed parcels within the PBID and are adjacent to Alessandro Alley. Although the parking spaces are not in a centralized facility, they can be used and accessed by all properties within the District. However, it can be reasonably expected that parking facilities closest to each assessed parcel will be used for access to each such parcel. In determining the method of apportionment for these improvements, each parcel's benefit is based on access to the parking areas 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 areas improvements shall be based on the approximate front footage adjacent to the parking areas. The parcels within the District front Alessandro Alley and the parking areas are on only one side (north side of the property). To ensure a reasonable and equitable apportionment of special benefit, parcels are only assessed for their front footage along the north side of their property adjacent to the parking areas. METHOD OF APPORTIONMENT CALCULATIONS The Total Direct Costs of the parking areas improvements and services are apportioned to each parcel within the District based on each parcel's front footage adjacent to the parking areas in linear feet. In addition to a parcel's Total Direct Cost, each parcel is assessed for District administration expenses, a reserve fund collection, and a parking areas maintenance fund. 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 areas improvements and services (maintenance) are based on the estimated annual costs to maintain the landscaping, lighting, and mechanical sweeping of the parking areas within Alessandro Alley. This Total Direct MuniFinancial Page 6 Cif• of Palm Desert Alessandro Alley Propery and Business Improvement District Final Management District Plan Fiscal Year 2006/07 Cost, divided by the sum of the linear front footage of all parcels within the District, establishes a rate per parcel linear foot. This rate multiplied by each parcel's front footage equals the parcel's proportionate share of the parking areas maintenance costs (rounded to the nearest even penny). For the initial year of the PBID, FY 2006-07, the actual annual assessment may be lower than the Maximum allowable annual assessment as illustrated by the District Budget (Table 4). This adjustment would be based on the parking areas improvements construction schedule. The plans proposed for construction of improvements are for a beginning date in Fall 2006 and completion by early 2007. If the District's activities become effective during only a portion of the District's first fiscal year, only one-half of the District's Direct Costs would be collected for the FY 2006-07 assessment. The rates provided below are the maximum allowable and actual proposed assessment rates for Fiscal Year 2006/07 only. Please refer to the District Budget (Table 4) for future assessment rates. DIRECT COST RATE CALCULATION Total Direct Cost / Total Front Footage = Rate per Linear Foot Rate x Parcel Front Footage = Direct Cost Assessment Component Table 1 lists the proposed FY 2006/07 direct costs and costs per linear foot. Table 1: Direct Cost Proposed Assessment and Rate Proposed Direct Proposed Rate Costs for FY (per Front Footage) 2006-07 for FY 2006-07 First Fiscal Year Maximum First Fiscal Year Actual $ 13,900 $ $ 6,950 $ 7.920 3.960 APPORTIONMENT OF INDIRECT (ADMINISTRATION / RESERVE) COSTS To ensure the improvements, activities, and services provided and funded through the District are continued, each parcel will be assessed for administrative and reserve costs. These include all expenses related to the administration of the District as well as the 14uniFinanaal Page 7 City of Palm Desert .Alessandro Alley Propels and Business Imp v ement District FinalManagement District Plan Fiscal Year 2006107 collection of money towards a Parking Areas Maintenance Fund and an Operating Reserves Fund. For Fiscal Year 2006/07, the Reserve Fund Collections are proposed to be slightly under thirty-eight percent (37.69%) of the annual Total District Costs. For Fiscal Years 2007/08 through 2010/11, the Reserve Fund Collections are proposed to be under twenty- seven percent (26.50%) of the annual Total District Costs. 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 front footage. The rate provided below is the maximum allowable rate for Fiscal Year 2006/07 only. Please refer to the District Budget (Table 4) for future assessment rates. INDIRECT COST RATE CALCULATION Total Indirect Cost / Total Front Footage = Rate per Linear Foot Rate x Parcel Front Footage = Indirect Cost Assessment Component Table 2 lists the proposed FY 2006/07 indirect costs and costs per linear foot. Table 2: Indirect Cost Proposed Assessment and Rate Proposed Proposed Rate Indirect Costs (per Front Footage) for FY 2006-07 for FY 2006-07 First Fiscal Year Maximum $ 9,500 $ 5.400 TOTAL ANNUAL ASSESSMENT Each parcel's Total Annual Assessment is the sum of its proportionate share of the District's 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 rates provided below are the maximum allowable and actual proposed assessment rates for Fiscal Year 2006/07 only. Please refer to the District Budget (Table 4) for future assessment rates. TOTAL COST RATE CALCULATION Direct Cost Rate + Indirect Cost Rate = Total Rate per Linear Foot Total Rate x Parcel Front Footage = Total Parcel Assessment MuniFinancial Page 8 Cite of Palm Desert Alessandro Alley Property and Business Improvement District Final Management District Plan Fiscal Year 2006/07 Table 3 lists the proposed FY 2006/07 total costs and costs per linear foot. Table 3: Total Cost Proposed Assessment and Rate First Fiscal Year Proposed Direct Proposed Rate Costs for FY (per Front Footage) 2006-07 for FY 2006-07 Direct Costs Maximum Direct Costs Actual Indirect Costs Total Costs Maximum Total Costs Actual $ 13,900 $ 7.920 $ 6,950 $ 3.960 $ 9,500 $ 5.400 $ 23,400 $ 13.320 $ 16,450 $ 9.360 ANNUAL BUDGET ADJUSTMENTS For the initial five years of the PBID, annual assessments may be adjusted by the Alessandro Alley PBID Association up to three percent (3%o) 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 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. MunzFinancial Page 9 City of Palm Desert Alessandro Ally Pmpe,y and Business Improvement District Final Management Distract Plan Fiscal Year 2006/07 DESCRIPTION OF BUDGET ITEMS IN TABLE 4 DIRECT BENEFIT COSTS • Landscape Alaintenance: 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. The landscape maintenance area is approximately 10,000 square feet. • Landscape Pruning: Includes all regularly scheduled labor, material, and equipment required to properly maintain and ensure the satisfactory condition of all trees including palm trees, 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. There will be approximately 45 trees to be maintained. • Landscape rater. Utility cost to furnish water for required landscape irrigation. The landscape maintenance area is approximately 10,000 square feet. • Lighting: 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. There will be approximately 30 street lights to be serviced. • Sweeping Services: Weekly cleaning of the parking areas and gutters using a contracted, mechanized service. • Landscape Repairs/Ltgbting: 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 and lighting materials or renovation of irrigation and lighting systems. 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 _11uniFinancial Page 10 City- of Palm Desert Alessandro Alley Pmpertt' and Business Improvement District Final Management District Plan Fiscal Year 2006/07 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. • Operating Reserve Fund: 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 2007/08 through FY 2010/11. Because the District is proposed to operate beginning in FY 2006/07, with no assessments collected in the prior fiscal year (FY 2005/06), the first six months of District operations (in FY 2006/07) will be funded through non - District accounts. Once the District receives the first installment of assessments from the County of Riverside in January 2007, the non -District account(s) will be reimbursed. The plans proposed are for construction of improvements to begin in Fall 2006 and be completed by early 2007. If the District's activities become effective in early 2007, there will be District funds available to cover their costs. 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. For Fiscal Year 2006/07, the Operating Reserve Fund Collection is proposed to be under seventeen percent (16.41%) of the annual Total District Costs. For Fiscal Years 2007/08 through 2010/11, the Operating Reserve Fund Collection is proposed to be under twelve percent (11.54%) of the annual Total District Costs. • Parking Areas Maintenance Fund: The Parking Areas Maintenance Fund provides funds for the sealing and re -striping of the parking areas after the fourth year of the term of the District. These funds are proposed to be held in reserve until such time as the sealing and re -striping are required and there are sufficient funds to pay for their costs. • 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 L.ey The total number of parcels within the District that will be assessed. There are currently no exempt parcels within the District; however, non -assessed lots or parcels may include easements, common areas, and parcels within the boundaries of the District that do not benefit from the improvements. MuniFinancial Page 11 City of Palm Deseil Alessandro Alley Properlyand Business Improvement District Final Management Dishier Pion Fiscal Year 2006/ 07 • Total Front Footage (Parking Areas): This is the sum total of the parcel front footage applied to each parcel within the District. • Lezy Rate per Direct Costs: This amount represents the Rate being applied to each parcel's individual front footage for Direct Costs. 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 Front Footage. The rate is calculated to three decimal places. • Lezy Rate per Indirect Costs: This amount represents the Rate being applied to each parcel for Administrative Costs, the Operating Reserve Fund and the Parking Areas Maintenance Fund. The Lcvy 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 Front Footage. The rate is calculated to three decimal places. • Total Lezy Rate for District Costs: This is the sum total of the Levy Rate per Direct Costs and the Levy Rate per Indirect Costs. The rate is calculated to three decimal places. DISTRICT 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, adjusted for the three percent (3%) inflation factor. The Association, appointed by the City Council, will annually review the District costs and make recommendations for any changes or adjustments to the budget. Changes to the budget could result in changes to the annual assessment but the resulting total assessment may not exceed the maximum rates established in the Plan without first obtaining property owner approval through assessment ballots. _iluniFinanczal Page 12 Cii' of Palm Desert Alessandro Alley Prvpery and Business Imp,vyement District Final Manaement District Plan Fiscal Year 2006/07 Table 4: Five Year Budget Budget Item Actual Proposed Maximum Proposed Assessment for Fiscal Years Assessment FY 2006-07 (I) 2006-07 2007-08 2008-09 2009-10 2010-11 Direct Benefit Costs Landscape Maintenance Costs $ 2,250 $ 4,500 $ 4,635 $ 4,774 $ 4,917 $ 5,065 Landscape Pruning 1,125 2,250 2,318 2,387 2,459 2,532 Landscape Water 850 1,700 1,751 1,804 1,858 1,913 Lighting 1,125 2,250 2,318 2,387 2,459 2,532 Sweeping Services 750 1,500 1,545 1,591 1,639 1,688 Landscape Repairs/Lighting 850 1,700 1,751 1,804 1,858 1,913 Subtotal Direct Costs $ 6,950 $ 13,900 $ 14,317 $ 14,747 $ 15,189 $ 15,645 Administration/Insurance District Administration 3,000 3,000 3,090 3,183 3,278 3,377 Insurance 300 300 309 318 328 338 Subtotal Administrative Costs $ 3,300 $ 3,300 $ 3,399 $ 3,501 $ 3,606 $ 3,714 Reserve Funds Parking Areas Maintenance Fund 3,500 3,500 3,605 3,713 3,825 3,939 Operating Reserve Fund 2,700 2,700 2,781 2.864 2,950 3,039 Subtotal Reserve Fund Costs $ 6,200 $ 6,200 $ 6,386 $ 6,578 $ 6,775 $ 6,978 Levy Breakdown Total District Costs 16,450 23,400 24,102 24,825 25,570 26,337 Balance to Levy $ 16,450 $ 23,400 $ 24,102 $ 24,825 $ 25,570 $ 26,337 District Statistics Total Parcels 22 22 22 22 22 22 Total Parcels To Levy 22 22 22 22 22 22 Total Front Footage (Parking Areas) 1,756.68 1,756.68 1,756.68 1,756.68 1,756.68 1,756.68 Levy Rate per Direct Costs $ 3.960 $ 7.920 $ 8.160 $ 8.400 $ 8.640 $ 8.900 Levy Rate per Indirect Costs $ 3.520 $ 3.520 $ 3.640 $ 3.740 $ 3.860 $ 3.980 Total Levy Rate for District Costs $ 9.360 $ 13.320 $ 13.720 $ 14.140 $ 14.560 $ 15.000 Operating Reserve Fund Balance Previous Balance - - 2,700 5,481 8,345 11,296 Ending Balance 2,700 2,700 5,481 8,345 11,296 14,335 Parking Lot Maintenance Fund Balance Previous Balance - - 3,500 7,105 10,818 14,643 Ending Balance 3,500 3,500 7,105 10.818 14,643 18,582 Maximum annual assessments for direct benefit costs, administrative costs and reserve fund collection 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 Actual Proposed Assessment has direct costs assessed for only one-half of the fiscal year. Sources: City of Palm Desert: MuniFinancial MuniFinancial Page 13 City of Palm Dese,Y Alessandro Alley Propel, and Business Irnprooement District Final Management Disdict Plan Fiscal Year 2006/ 07 APPENDIX A: DISTRICT ASSESSMENT DIAGRAM The Alessandro Alley Property and Business Improvement District consists of the parcels shown on the following District Assessment Diagram. The Assessment Diagram is based on the County of Riverside's Assessor's Maps and identifies all the parcels of land within the proposed District. MuniFinamial A-1 ASSESSMENT Z z U U\ CZ a_ z v) Lv CY o f=1 LJ ce o▪ LA_ 0 ALESSANDR❑ ALLEY PR❑PERTY AND 'REF: I'S (DIRECTOR OF PUBLIC WORKS) z W C =0, 6 • Y Po <co a z 5- ASSESSMENT NUMBER Assessor Parcel • Number 627-092-020 627-092-021 627-092-022 627-092-025 627-092-026 627-092-031 627-092-034 627-092-036 — 627-092-037 627-092-040 627-092-041 E owM • Nror�omo az.- r- NHr 4 GD 627-071-035 827-071-040 627-071-041 627-071-042 627-071-045 627-071-046 627-074-009 627-074-010 827-074-011 a o CD 0 . a a E : Z OD OD Q OD E o - N N .A. N 0 N m m Q Z 0 Z 0 0 0 O 0 z z CO 8 Q s SVI41Vd SAN 3A V SV1 O O a NVS Q 0 0 O O 0 f a_ • A3b31NOW LJ V) City of Palm Desert Alessandro Al/yy Pmperj.' and Business Improvement Distmrct Final Management District Plan Fiscal Year 2006/0 APPENDIX B: DISTRICT 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 the Engineer's Report is prepared. A listing of parcels assessed within this District, along with the assessment amounts, is included on the following page. .1IunzFinancial B-1 Z-9 Invrruur_ jrurr JA T Iepueui jiunip 'poa painoag fklunoo apisJenia aeanoS 'oo4'£Z$ Pee oS4'91$ of do ppe lou r(ew sIelol 'Buipuna of ena i)) 00'004'£Z $ 00'09429L $ 89799L'L lelol OZ'66L 09'1.99 $ 00'09 11.1. AVMHOIH ZO££L SINI3W HV21O93O'2 S1NI3W AHH3f 140-Z60-LZ9 ZZ Z6'Z80`L 96'09L $ 0£'1.8 LLL AVMHOIH 004£L ONI S2I3ddOHS 1113S3O a3IVIOOSSV 040-Z60-LZ9 LZ 8Z'46L 171.'899 $ £9.69 LLL AVMHOIH 46££L )1OI211Vd)121D1 NV1V L£0-Z60-LZ9 0Z 017'869'1. OZ'£ZL`L $ 00'0ZL LLL AVMHOIH 09££L 2I3NIH12I31Nf1 VONAI'8 H3NIH12i31Nf1 V Ian 9£0-Z60-LZ9 61. 017'869'L OZ'£ZL'L $ 00.0ZL LLL AVMHOIH 04££L S3SI8d2i31N319d 30N311MV1 f Hd1V2i 4£0-Z60-LZ9 8L OZ'66L 09'1.99 $ 00'09 LLL AVMHOIH 98££L 31NV8 AlIW3 L£0-Z60-LZ9 Lt. OZ'66L 09'199 $ 00'09 LLL AVMHOIH 8£££L SNI11001 3l13NV3f 12 OIM121VH 2I313d 9Z0-Z60-LZ9 91. 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No. 06-24 Alessandro Alley Property Page 1 of 2 Mendoza, Grace,,e4%.,ajj2J2 From: Moeller, Charlene ECMOELLER@palmspri.gannett.com] Sent: Tuesday, February 28, 2006 11:52 AM /1 To: Mendoza, Grace �� J Subject: RE: Public Hearing Notice - RES. No. 06-24 Alessandro Alley Property Hi Gracie, Ad recieved and will publish on date(s) requested. If you have any questions, don't hesitate to call or email me. O Chareene 911oetter (Pu6fic Notice Customer Service gyp. (760) 778-4578, Fax (760) 778-4731 My hours are Mon -Fri 8:00-5:00 pm. Desert Sun legals@thedesert§un.com et Desert Post Weekly dpw'legals@thedesertsun.com Original Message From: gmendoza@ci.palm-desert.ca.us [mailto:gmendoza@ci.palm-desert.ca.us] Sent: Tuesday, February 28, 2006 11:48 AM To: charlene.moeller@thedesertsun.com Cc: gmartinez@ci.palm-desert.ca.us; malvarez@ci.palm-desert.ca.us Subject: Public Hearing Notice - RES. No. 06-24 Alessandro Alley Property Hi Charlene: My name might not be familiar to you, so let me introduce myself to you. My name is Gracie Mendoza, Deputy City Clerk with the City of Palm Desert. I started back in September 2005. This is my first run at publishing an item to be published. If I can be of help or service to you, please don't hesitate to give me a call. PLEASE PUBLISH THE FOLLOWING: "NOTICE OF PUBLIC HEARING" ONCE in The Desert Sun: Monday, April 3, 2006 «RES. NO. 06-24.doc» Gracie L. Mendoza, Deputy City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 (760) 346-0611, Ext 487 / Fax: (760) 340-0574 gmendoza@ci.palm-desert.ca.us 2/28/2006 RESOLUTION NO. 06-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING THE CITY'S INTENTION TO FORM THE ALESSANDRO ALLEY 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 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 Alessandro Alley 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, 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, by previous resolution, approved the Preliminary Management District Plan, which contains a full and detailed description of the improvements and services, the boundaries of the District, the estimated costs of improvements and services, and the proposed assessments upon assessable lots and parcels within the District; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, Califomia, 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 RESOLUTION NO. 06-24 services and improvements, as described in the Management District Plan. The City Council has determined at this time to call an assessment ballot proceeding. 3. Calling 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 property within the District. 4. The assessment ballot proceeding for the District on the matter of authorizing the levy of the assessments, pursuant to Califomia 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 April 13, 2006. The Public Hearing is scheduled to begin on Thursday, April 13, 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 Management District Plan, which is incorporated herein by reference. The District is designated as "Alessandro Alley Property and Business Improvement District." 6. Description of Services and Improvements: The services and improvements within the District are specifically described in the Management District Plan, which is incorporated herein by reference. 7. Proposed Assessment Amounts: The proposed assessments are detailed in the Management District Plan, which also details the assessment range formula. 8. Public Hearinq(s): The City Council hereby declares its intention to conduct a Public Meeting and a Public Hearing conceming the levy of assessments for the District in accordance with Govemment 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 seven days before the public meeting, and shall mail the resolution of intention by first-class mail to each property owner in the District and to each local chamber of commerce and business organization known by the City Council to be located within the proposed District not later than ten days before the public meeting. Property owners will be provided a mailed assessment ballot for the proposed assessment. Ballots must be received prior RESOLUTION NO. 06-24 to the conclusion of the Public Hearing, at 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, April 13, 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 regularmeeting of the Palm Desert City Council, held on this 23rd day of February, 2006, by the following vote, to wit: AYES: BENSON, CRITES, KELLY, SPIEGEL, and FERGUSON NOES: NONE ABSENT: NONE ABSTAINED: NONE JIM FERGUSON, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA ALESSANDRO ALLEY PROPERTY AND BUSINEES IMPROVEMENT DISTRICT PROPOSED ANNUAL ASSESSMENTS TABLE 1 APN Address Front FY 2006/2007 Footage Annual Assessment Maximum Annual Assessment 627-071-035 627-071-040 627-071-041 627-071-042 627-071-045 627-071-046 627-071-049 627-071-050 627-074-009 627-074-010 627-074-011 627-092-020 627-092-021 627-092-022 627-092-025 627-092-026 627-092-031 627-092-034 627-092-036 627-092-037 627-092-040 627-092-041 Total 73098 Highway 111 73168 Highway 111 73180 Highway 111 73196 Highway 111 73088 Highway 111 73088 Highway 111 73120 Highway 111 73140 Highway 111 73250 Highway 111 73260 Highway 111 73220 Highway 111 73280 Highway 111 73282 Highway 111 73290 Highway 111 73330 Highway 111 73338 Highway 111 73386 Highway 111 73340 Highway 111 73360 Highway 111 73394 Highway 111 73400 Highway 111 73302 Highway 111 60.00 60.00 60.00 91.61 126.60 53.40 90.00 150.00 60.00 60.00 144.14 80.00 40.00 60.00 60.00 60.00 60.00 120.00 120.00 59.63 81.30 60.00 1,756.68 $561.60 $561.60 $561.60 $857.60 $1,184.98 $499.82 S842.40 $1,404.00 $561.60 S561.60 $1,349.16 $748.80 $374.40 $561.60 $561.60 $561.60 $561.60 $1,123.20 $1,123.20 $558.14 S760.96 $561.60 $799.20 $799.20 $799.20 $1,220.24 S 1,686.32 $711.28 $1,198.80 $1,998.00 799.20 $799.20 $1,919.94 $1,065.60 $532.80 S799.20 $799.20 S799.20 $799.20 $1,598.40 $1,598.40 $794.28 $1,082.92 $799.20 $23,400.00 W MONTEREY PROPOSED BOUNDARIES OF ALESSANDRO ALLEY PROPERTY AND BUSINESS IMPROVEMENT DISTRICT CITY OF PALM DESERT COUNTY OF RIVERSIDE STATE OF CALIFORNIA Asmt No. A Parcel Number Aamt No. A Parcel Number 1 827-071-035 12 627-092-020 2 627-071-040 13 627-092-021 3 627-071-041 14 627-092-022 4 627-071-042 15 827-092-025 5 627-071-045 16 627-092-026 6 627-071-048 17 827-092-091 7 627-071-049 18 627-092-034 8 627-071-050 19 627-092-036 9 627-074-009 20 627-092-037 10 627-074-010 21 827-092-040 11 627-074-011 22 627-092-041 LEGEND PROPOSED DISTRICT BOUNDARY © ASSESSMENT NUMBER D Z SAN GORGONIO ANTONIO V1 Z V1 D Z WAY CLEMENTE ,� BENITO r ALLEY VH Q J Q 0- IQS © Oi 0 ® 00 O H 11 0100 13 14 @ € 16 CI 0 17 ® 21 PALM DESERT DR. V1 J STATE HIGHWAY 111 MuniFinancial FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF PALM DESERT, THIS DAY OF 2006. 1 HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF ALESSANDRO ALLEY PROPERTY AND BUSINESS IMPROVEMENT DISTRICT, CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCB. OF THE CITY OF PALAI DESERT AT A REGULAR MEETING THEREOF, HELD ON THE DAY OF 2006, BY ITS RESOLUTION NO. CITY CLERK CITY OF PALM DESERT FB.ED THIS DAY OF AT THE HOUR OF O'CLOCK M, IN BOOK OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE(S) IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. FEE: INST. NO.. LARRY WARD, COUNTY RECORDER BY DEPUTY, COUNTY RECORDER COUNTY OF RIVERSIDE NOTE FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSORS PARCELS, REFERENCE IS MADE TO TIME MAPS OF THE RIVERSIDE COUNTY ASSESSOR OF RIVERSIDE COUNTY RECORDS WHICH MAPS SHALL GOVERN FOR ALL DETAILS RELATING THERETO.