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HomeMy WebLinkAboutPresidents' Plaza III BID FY 09-10 CITY OF PALM DESERT DEVELOPMENT SERVICES STAFF REPORT REQUEST: Approval of the Presidents' Plaza III Business Improvement District Annual Budget for Fiscal Year 2009/2010. SUBMITTED BY: Ryan Stendell, Senior Management Analyst DATE: June 11, 2009 ATTACHMENTS: Resolution No. 09-49 Resolution No. 09-50 Presidents' Plaza III Property and Business Improvement District Management Plan Fiscal Year 2009/2010 District Map Recommendation: Waive further reading and adopt: 1. Resolution No. Oq_4q , approving the Presidents' Plaza III Business Improvement District Annuat Budget for Fiscal Year 2009/2010. 2. Resolution No.�9-50 , ordering the levy and collection of assessments for Fiscal Year 2009/2010. Executive Summary: The attached resolutions will allow the City Council to approve the annual budget for the Presidents' Plaza III Property and Business Improvement District. Approval of the attached resolutions will also allow the City of Palm Desert to levy and collect the annual assessments for Fiscal Year 2009/2010. Discussion: The Presidents' Plaza III Business Improvement District was re-established in 2006 for a 5-year term and budget. The District is entering its fourth year of the five-year term. The District includes properties located on the south side of Highway 111 and on the north side of EI Paseo, between Highway 74 and Sage Lane. The City collects annual assessments to pay for services such as landscape maintenance, street sweeping, and parking lot lighting within the common parking lot areas. Each fiscal year the City Council reviews and approves a budget based on the Advisory Board's recommendation. Staff Report President's Plaza III Budget FY 2009/2010 June 11, 2009 Page 2 of 2 The Presidents' Plaza III Advisory Board was sent the preliminary budget in May for their review. The Board indicated their acceptance of the budget as noted in the attached correspondence. The only modification to the budget is the allowed three percent cost of living adjustment, which is built into the budget at the beginning of the five-year cycle. The attached resolutions will approve next fiscal year's budget and allow the City to levy and collect the annual assessments for Fiscal Year 2009/2010. Staff recommends approval of the attached resolutions. Submitted By: Department ead: l � Ryan Stendell Homer Croy Senior Management Analyst ACM for De e pment Services Approval• CITY COUNCILA�ION APPROVED DFNIED Jo M. Wohlmuth RECEIVED OTHER �r Ci y Manager �s. �/QS. 0 - a,� -50 "" MEETING DATE l�'���1% ""'—"' AYES: �t'.i�5c7J, F��. -/"ir�fzi k�//v �y�n'�,n„��_ NOES:�1/on� Paul Gibson ABSENT: � ' Director of Finance ABSTAIN: �'►�- VERIFIED BY; � � /n � Original on Fite with City C erk's Office Bureau of Labor Statistics Data Page 1 of 2 �� �i��e��t�li �� � �.. 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(� -- f inciude graphs New� Data extracted on: May 20,2009(12:2g;01 PM) �ore Farmz+rr� n • � Consumer Price Index-All Urban Consumers Series Id: CWRA421SA0 Not Seasonally Adjuated Area, Los Angeles-Riverside-Orange County, CA It�' All items Basfl Periods 1982-84=100 Year ]an Feb Mar AP� May Jun 7ul Aug Se 1999 164.2 164.6 165.0 166.6 166.2 165.4 165,8 166.3 167.2 1607.� 167/V 167.3 66.1 aI 65 3F1 66 8�Z 2000 167.9 169.3 170.7 170.6 171.1 171.0 171.7 172,2 173.3 173.8 173.5 173.5 171.6 170.1 173.0 2001 174.2 175.4 176.2 176.6 177.5 178.9 178.3 178,4 178.8 178.3 178,1 177.1 177.3 176.5 178.2 2002 178.9 180.1 181.1 182.2 182.6 181.9 182.2 183.0 183.4 183.7 184.0 183.7 182,2 181.1 183.3 2003185.2 186.5 188.2 187.6 186.4 186.3 186.3 186.9 188,2 187.g 187.1 187.0 187,0 186.7 187.2 2004 188.5 19 0.1 191.5 191.9 193.3 193.7 193.4 19 3.1 194.5 196.3 19 6.9 195.2 19 3.2 191.5 194.9 2005195.4 197.4 199.2 201.1 201.5 200.7 201.4 203.1 205.8 206.9 205.6 203.9 201.8 199.2 204.5 2006 206.0 207.5 208.5 210.5 212.4 211.1 211.4 211.9 212.9 211.4 211.1 210.6 210.4 209.3 211.6 2007 212.584 214.760 216.500 217.845 218.596 217.273 217.454 217.330 217.697 218.696 219.943 219.373 217.338 216.260 218,416 2008 220.918 221.431 223.606 224.625 226.651 229.033 229.886 228.484 227.449 226.159 222.229 219.620 225.008 224.377 225.638 2009 220.719 221.439 221.376 221.693 12 Months Percent Change 3eries Id: CUURpq21SA0 Not Seasonally Adjusted Area: Los Angeles-Riverside-Orange County, �p =t�' All items Saae Period: 1982-84=100 Year 7an Feb Mar Apr May 7un]ul Auy Sep Oct Nov Dec A�nual HALFl HALF2 1999 2.0 2.2 2.2 3,0 2.4 2.0 2.3 2.3 2.8 2.5 2.3 2.3 2.3 2.3 2.4 2000 2.3 2.9 3.5 2.4 2.9 3.4 3.6 3.5 3.6 3.9 3.8 3.7 3.3 2.9 3.7 2001 3.8 3.6 3.2 3.5 3.7 4.6 3,8 3.6 3.2 2.6 2,7 2,1 3.3 3.8 3.0 2002 2.7 2.7 2.8 3.2 2.9 1.7 2.2 2.6 2.6 3.0 3.3 3.7 2.8 2.6 2.9 2003 3.5 3.6 3.9 3.0 2.1 2.4 2.3 2.1 2.6 2.2 1,7 1.8 2.6 3.1 z,l 2004 1.8 1.9 1.8 2.3 3.7 4.0 3.8 3.3 3.3 4.5 5.2 4.4 3.3 2.6 4.1 2005 3.7 3.8 4,0 4.8 4.2 3.6 4.1 5.2 5.8 5.4 4.4 4.5 4.5 4,p 4 y 2006 5.4 5,1 4.7 4.7 5.4 5.2 5.0 4.3 3.4 2.2 2.7 3.3 4.3 5.1 3.5 2007 3.2 3.5 3.8 3.5 2.9 2.9 2.9 2.6 2.3 3.5 4.2 4.2 3.3 3.3 3.2 2008 3.9 3.1 3.3 3.1 3.7 5.4 5.7 5.1 4.5 3.4 1.0 0.1 3.5 3.8 3.3 2009-0.1 0.0 -1.0 -1.3 Quick Links Tools Calculators � ' At a Glance Tables He1p Info - Economic News Releases - Inflation = Help&Tutorials � Location Quotient �A to Z Index _;What's New - Databases&Tables = Injury And Illness � FA s -Careers @ BLS - Maps Q - Find It! DOL �Glossary �Join our Mailing Lists -�About BLS � Privacy&Security -� Contact Us - Linking&Copyright Information http://data.bls.gov/PDQ/servlet/Survey0utputS ervlet 5/20/2009 CITY OF PALM DESERT PUBLIC NOTICE NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to review the annual Management District Plan and declare its intent to levy for the Presidents Plaza III Property and Business Improvement District pursuant to State Law. SAID public hearing will be held on Thursday, June 11, 2009, at 4:00 p.m. in the Council Chambers at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. PUBLISH: Desert Sun Rachelle Klassen, City Clerk May 29, 2008 Palm Desert City Council Martinez, Gloria From: Stendell, Ryan Sent: Tuesday, May 26, 2009 2:37 PM To: 'Charlene (Charlene.moeller@thedesertsun.com)' Cc: Martinez, Gloria Subject: Publishings for Friday 5/29/09 Charlene, Please publi5h these notices on Friday May 29, 2009. Let me know if you have any issues with my files. Ryan Stendell Senior Management Analyst City of P�Im Desert (7G0� 34G-OG11 ext.38G rstendell@ci.palm-desert.c�.us � � AA_09-10_Legal_N PPI_09-10_Legal_NPPIII_09-10_Legal_ otice.doc otice.doc Notice.doc 1 68-2571 RESOLUTION N0. 09-49 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE MANAGEMENT DISTRICT PLAN FOR THE PRESIDENT'S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT ASSESSMENT DISTRICT, FISCAL YEAR 2009/10 The City Council of the City of Palm Desert(hereafter referred to as the"City Council")does resolve as follows: WHEREAS, in Fiscal Year 2009/10 the City Council pursuant to the provisions of Properly 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 "Code"), and in accordance with the provisions of the California Const�tution Article XIIID conducted proceedings for the formation of the President's Plaza III Business Improvement District (hereafter referred to as the "District"), and the levy of annual assessments connected therewith; and, WHEREAS,on June 8, 2006 the City Council held a full and fair public hearing regarding the formation of the District and the establishment of annual assessments and the maximum assessments required to pay the maintenance and services of landscaping, lighting, refuse cotlection and all appurtenant facilities and operations related thereto for a five year penod beginning July 1, 2006 and ending June 30, 2011 pursuant to the Code; and, WHEREAS, upon conclusion of the public hearing of June 8, 2006 the City Council tabulated the property owner assessment protest ballots returned and by resolution confirmed that majonty protest did not exist and by resolution approved the Management District Plan, appointed an Advisory Board for the District, ordered the formation of the District,and ordered the levy and collection of the first annual assessments;and, WHEREAS, pursuant to the Code, the City Council appointed the PresidenYs Plaza III Committee as the Advisory Board for the District and this Advisory Board shall cause to be prepared an annual Management District Plan (hereafter referred to as the"Report")each fiscal year for which assessments are to be levied and collected, said Report shall be filed with the City Clerk and shall contain: any proposed changes to the Distnct boundary; the improvements and activities to be provided; the estimated costs and method of assessment; the amount of any surplus or deficit;and contributions from other sources;and, 1 68-2571 RESOLUTION N0. 09-49 WHEREAS, pursuant to the Code, the Advisory Board has caused to be prepared a Report in connection with the District describing the proposed improvements, services, expenditures and assessments to be levied for Fiscal Year 2009/10, 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 President's Plaza III Property and Business Improvement Assessment District, Fiscal Year 2009/10";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 of assessments 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 Management District Plan as presented, consists of the following: A. A Description of the District boundaries and all properties benefiting from the improvements and services. B. A Description of Improvements and services to be provided by the District. C. The Annual Budget (Estimates of Costs and Expenses of Services, Operations and Maintenance), D. The District Roll containing the Levy of Assessments for each Assessor Parcel within the District, Section 3 The Report as presented, is hereby approved and is ordered to be filed in the OfFce of the City Clerk as a permanent record and to remain open to public inspection. 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 Advisory Board. 2 68-2571 RESOLUTION NO.�_�_ PASSED,APPROVED,AND ADOPTED this day of 2009. STATE OF CALIFORNfA COUNTY OF RIVERSIDE ss. CITY OF PALM DESERT �� , City Clerk of the City of Palm Desert, County of Riverside, State of California do hereby certify that the foregoing Resolution No, was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of said Council held on the day of , 2009 by the following vote: AYES: NOES: ABSENT: ABSTAINED: ROBERT A, SPEtGEL, Mayor City of Palm Desert RACHELLE D, KLASSEN, City Clerk City of Palm Desert 3 68-2571 RESOLUTION N0.09-50 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE PRESIDENT'S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT ASSESSMENT DISTRICT, FISCAL YEAR 2009/10 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, on June 8, 2006 the City Council called and duly held a public hearing and property owner protest ballot proceedings for the PresidenYs Plaza III Properry and Business Improvement Assessment District (hereafter referred to as the"DistricY')pursuant to the provisions of Property and Business Improvement District Law of 1994, Part 7 of Division 98 of the Streets and Highways Code of Califomia(hereafter referred to as the "Code") and the California Constitution Article XIIID, for the purpose of presenting to the qualified property owners within the Distnct the annual levy of assessments and a maximum annual assessment over a five year period beginning July 1, 2006 and ending June 30, 2011, for the costs and expenses associated with the maintenance and operation of landscaping, lighting, refuse collection 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 June 8, 2006 did cast their ballots resulting in the approval of the District formation and annual levy of assessments related thereto;and, WHEREAS,the City Council, pursuant to the Code did by previous Resolutions formed the District, and approved a Management District Plan in connection with the formation of the District and appointed an Advisory Board that shall cause to be prepared an annual report regarding the District for the City Council's approval; and, WHEREAS,the Advisory Board has held a meeting for reviewing and approving the proposed budget for Fiscal Year 2009/10 and has prepared a Report in connection with the District for Fiscal Year 2009/10, 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 Distnct Plan for the PresidenYs Plaza III Property and Business Improvement Assessment District, Fiscal Year 2009/10;"and, WHEREAS, The City Council has carefully examined and reviewed the Report as presented, and by previous resolution has approved said Report. 1 68-2571 RESOLUTION N0. o9-so 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 levy and collect the annual assessment for President's Plaza III Property and Business Improvement Assessment District for Fiscal Year 2009/10 pursuant to the provisions of the Code. Section 3 Based upon its review of the Management District Plan, a copy of which has been presented to the City Council and filed with the City Clerk,the City Council hereby finds and determines that: A. The territory of land within the District will receive special benefits from the operation, maintenance and servicing of the improvements and appurtenant facilities located within the boundaries of the District. B. Distnct includes all of the lands so benefited;and C. The net amount to be assessed upon the lands within the District in accordance with the proposed budget for the fiscal year commencing July 1,2009 and ending June 30, 2010 is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefits to be received by each parcel from the improvements and services. D. The Assessments so described in the Management District Plan are consistent with the assessments so approved by the property owners within the District. Section 4 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 5 The City Council hereby orders the improvements to be made, and the lery and collection of annual assessments to pay for those improvements to be presented to the County Auditor/Control�er of Riverside for Fiscal Year 2009/10. 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 6 The City Treasurer shall deposit all money representing assessments collected by the County for the District to the credit of a fund for the President's Plaza III Property and Business Improvement 2 68-2571 RESOLUTION N0. o9—so Assessment District, and such money shalt be expended only for the improvements described in the Management District Plan. Section 7 The adoption of this Resofution constitutes the District levy for the Fiscal Year commencing July 1,2009 and ending June 30,2010. Section 8 The City Clerk is hereby authorized and directed to flle the levy with the County Auditor upon adoption of this Resolution. 3 68-2571 RESOLUTION N0. 09-50 PASSED,APPROVED,AND ADOPTED this da of Y 2009. STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss. CITY OF PALM DESERT �� , City Clerk of the City of Palm Desert, County of Riverside, State of California do hereby certify that the foregoing Resolution No. was regularfy adopted by the City Council of said City of Palm Desert at a regular meeting of said Council held on the day of , 2009 by the following vote: AYES: NOES: ABSENT: ABSTAINED: ROBERT A. SPEIGEL, Mayor City of Palm Desert RACHELLE D. KLASSEN, City Cterk City of Palm Desert 4 CITY OF PALM DESERT MANAGEMENT DISTRICT PLAN PRESIDENT'S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT DISTRICT � FISCAL YEAR 200911 O Pubiic Hearing: June 11, 2009 V V � L�D/�l I V ouending Y Financial Services reach Corporate Office Office Locations 27368 Via lndustria Lancaster, CA Phoenix,AZ Suite 110 Oakland,CA Orlando, FL Temecula, CA 92590 Sacramento, CA Memphis, TN Tel:(951)587-3500 Tel:(800)755-6864 Fax: (951)587-3510 www.willdan.com City of Patm Desert PresidenYs Plaza ifl PBJD Management Disfrict Plan �1'2049/2014 TABLE OF CONTENTS OVERVIEW .............................. ................................................................ 2 Introduction 2 Formation 2 DESCRIPTION OF THE DISTRICT ...................................................................... 4 District Boundary 4 Improvements and Activities 4 Special Benefits of the Improvements and Activities 5 METHOD OF APPORTIONMENT........................................................................ 7 Method of Apportionment Rationale � Parking Lot Improvements and Services � Method of Apportionment Calculations � Apportionment of Direct Costs � Apportionment of Indirect(Administration/Reserve)Costs g Total Annual Assessment 8 Annual Budget Adjustments 9 DESCRIPTION OF BUDGET ITEMS IN TABLE 4..................................................... 1 O Direct Benefit Costs 10 Indirect Benefit Costs(Administration/Reserves) 10 Levy Breakdown 11 District Statistics 11 District Budget �2 APPENDIX A—ASSESSMENT DIAGRAM ........................................................... 14 APPENDIX B—ASSESSMENT ROLL................................................................ 15 �WILLDAN I ea4ending Page 1 your Financial Services rea�n Criy of Paim Desert PresidenYs Plaza ili P8/D Management District Plan FY 2009120i0 Overview Introduction The City of Palm Desert ("City") formetl and established the President's Plaza III Property and Business Improvement Assessment District ("District") beginning in Fiscal Year 2001/2002 to provide improvements and activities that confer special benefits upon real property within the boundaries of the District. The District was establishetl and levied pursuant to 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, property owners within the District submitted a signed petition requesting formation of the District. The District was successfully formed for a term of five years and a maximum assessment was approved by the property owners through an assessment ballot proceeding, conducted according to provisions of the California Constitution Article XIIID ("Proposition 218"). Fiscal Year 2005/2006 was the fifth year of the term of the District. Under the provisions of the Act, the property owners within the District may renew the District for a maximum term of ten (10) years. Pursuant to the Code, and the provision of the California Constitution, the property owners within the District approved the continuation of the District and assessment for an additional five years and on June 8th, 2006 the City authorized the funtling for improvements and activities authorized within the District for a period of five years (Fiscal Years 2006/2007 through 2010/2011). This Management District Plan ("Plan")describes the District, improvements and activities, method of apportionment, the proposed assessments for the current fiscal year, and the maximum assessment proposed for the five-year duration of the renewed District. The proposed assessments are based on the estimated cost to provide the improvements, activities, and operations that provide a direct and special benefit to properties within the District. The costs of improvements, activities, and operations include all expenditures, deficits, surpluses, revenues, and reserves. The word "property,"for the purposes of this Plan, refers to real property situated within the District, and identified as an individual property or parcel assigned its own Assessor's Parcel Number (APN) by the County of Riverside Assessor's Office. The County of Riverside Auditor/Controller uses APNs to identify on the tax roll parcels and properties assessed for taxes, special assessments, and fees and charges. Formation A written petition of the property owners within the District, representing more than 50 percent of the proposed assessment to be levied was submitted to the Palm Desert City Council to initiate 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 referenced the Engineer's Report and the Management District Plan, and noticed the time and place of a public hearing on the formation of the District and levy of assessments. Within 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 �WILLDAN I you�dl�g Page2 Financial Services .�cn City of Palm Desert PresidenYs Plaza ll!PBID Management District Plan �Y 2009/2090 caused notice to the property owners pursuant to Section 54954.6 of the Government Code. Public notices and assessment ballots (property owner protest bailots) were mailed to each property owner at least 45 days prior to the pubfic hearing pursuant to Article XIIID of the California Constitution. At the public hearing the City Council provided the public and property owners with an opportunity to provide oral protests and written protests prior to the adoption of the Engineer's Report and the Management District Plan. Pursuant to the California Constitution Article XIIID, the City Clerk or its designated alternate tabulated property owner assessment ballots received from property owners and determined that majority protest did not exist. Pursuant to the Act, the City Council appointed an Owner's Association ("Association") for the District. This Association shall make yearly recommendations to the City Council on the expenditures of revenue derived from the levy of assessments and on the cfassification 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. �WI LLDAN I y���ng Page 3 Financial Services rea�n City of Palm Desert President's Plaza Hl PBlD Management District Plan FY 2009/20i0 Description of the District District Boundary The District consists of all parcels located in the commercial business area known as the PresidenYs Plaza III within the City of Palm Desert, County of Riverside. The District includes sixteen (16)assessed commercial parcels. The boundary of the District and the parcels therein are generally located South of Palm Desert Drive at Highway 111; North of EI Paseo; West of Sage Lane; and East of Old Highway 74, and includes the Palm Desert Parking Lot—a lease parcel to the City of Palm Desert located South of Highway 111; East of New Highway 74; and West of Old Highway 74. Improvements and Activities In an effort to enhance and improve business opportunities and the appearance of the area known as the President's Plaza III, the Agency provided funds for the renovation and capital improvement of the parking lot and landscaped areas related to this commercial business center. In conjunction with this renovation, President's Plaza Ilt Property and Business Improvement District was formed in 2001 to provide and ensure the continued operation and maintenance of the improvements after the renovations had been completed. In 2006, the property owners renewed the District for another five (5) year term; therefore, the assessments generated will continue this maintenance. In December 2005, the District paid for the slurry sealing, re-striping and repair of the parking lot through reserve funds that had been accumulated during the first five years of the term of the District. It has been determined that all the properties within the District receive special and distinct benefits from the improvements and activities to be funded through the assessments. The improvements include the necessary activities, services, operations, administration, and maintenance required to keep the improvements in satisfactory condition including all necessary labor, material, and equipment. The services may include, but are not limited to, regular maintenance, repair, removal or replacement of all or any part of the improvements including removal of trimmings, rubbish, debris and other solid waste; and, providing for the growth, health and beauty of landscaping and lighting including cultivation, trimming, spraying, fertilizing or treating for disease or damage as well as supplying necessary irrigation and electrical energy. The specific improvements and activities include: • Parking lot landscaped areas: including, but not limited to, ground cover, shrubs, trees, plants, irrigation and drainage systems and associated appurtenant facilities; • Parking tot lighting facilities: including, but not limited to, bulbs, fixtures, poles, wiring, and electrical energy; and, • Debris removal: including, but not limited to, regular mechanical sweeping of the parking lot. �WILLDAN I ex1�"'`�g Page4 your Financial Services reacn City of Palm Desert President's Plaza IIJ PB�D Management District Plan FY 2009/?010 The costs associated with the improvements are equitably spread among the benefiting parcels within the District utilizing the method of apportionment described in the Method of Apportionment section of this Report. The total funds collected shall be dispersed and used for the services and operations provided to the District. Special Benefits of the Improvements and Activities Assessed properties within the District receive special benefits from one or more of the improvements and activities funded through the District assessments. Specifically, lighting and landscaping amenities within the parking lot, and regular sweeping of the parking lot. The special benefits of lighting (parking lot lights) are the convenience, safety, and security of property, improvements, and goods, Specifically: 1. Enhanced deterrence of crime and the aid to police protection; 2. Increased nighttime safety for patrons and employees; 3. Improved visibility for pedestrians and motorists; 4. Improved ingress and egress to property; 5. Reduced vandalism and other criminal acts and damage to improvements or property; 6. Enhanced aesthetic appeal of the parking area and the properties that are associated with the parking area; 7. Increased promotion of business activities and opportunities during nighttime hours; and, 8. The special enhancement to the value of property, which results from the above benefits. The benefits associated with landscaped islands and medians within the parking lot are specifically: 1. Improved aesthetic appeal of the parking area and nearby parcels; 2. Improved dust control; 3. Enhanced adaptation of the urban environment within the natural environment; 4. Improved traffic circulation; 5. A positive representation of the businesses within the District; 6. Centralized locations for refuse collection facilities; and, 7. The special enhancement to the value of property, which results from the above benefits. �WILLDAN I extendrng PageS your Financial Services reacn City of Palm Desert President's Plaza!Il PBlD Management District Plan FY 2009/2010 Parking lot sweeping is an essential and necessary activity for all properties—particularly commercial properties. This improvement is funded through the assessments solely for the special benefit of properties within the District. The benefits associated with this service are: 1. Enhanced aesthetic appeal of the parking area and the properties that are associated with the parking area; 2. Improved dust control; 3. The special enhancement to the value of property, which results from the above benefits. The on-going operation and maintenance of the landscaping, lighting and sweeping improvements provide no measurable general benefit to other properties outside the District or to the public at large. Therefore, these improvements and the corresponding assessments have been identified as 100%special benefit to parceis within the District. �WI LLDAN ( y��ding Page 6 Financial Services r�acn City of Palm Desert PresidenYs Plaza 111 PBID Management District Ptan FY 2009/2U10 Method of Apportionment Method of Apportionment Rationale The costs of the District improvements have each been apportioned by a formula and method, which fairly distributes the net amount to be assessed among all assessed parcels in proportion to the estimated special benefits to be received by each parcel from the improvements. Parking Lot Improvements and Services All assessed parcels within the PresidenYs Plaza III PBID have use of, and access to, a centralized parking facility (lot) that provides access, parking, and delivery areas for the businesses and parcels within the District. Because the parking area is a centralized facility used and accessed by all properties within the District, each parcel's benefit is based on the size of such parcel. Therefore, it has been determined that a fair and reasonable reflection of each parcel's benefit for the parking lot improvements shall be based on the approximate size, in square feet, of each parcel. Method of Apportionment Calculations The Total Direct Costs of the parking lot improvements and services are apportioned to each parcel within the District based on each parcel's lot size in square feet. In addition to a parcel's Total Direct Cost, each parcel is assessed for District administration expenses and a reserve fund collection (Indirect Costs). The Indirect Costs for each parcel have been apportioned in the same manner as Total Direct Costs. Therefore, each parcel's Total Annual Assessment is the sum of its proportionate share of the Total Direct Costs and Total Indirect Costs. Apportionment of Direct Costs The Total Direct Costs estimated for parking lot improvements and services (maintenance) are based on the estimated annual costs to maintain the landscaping, lighting, and mechanical sweeping of the parking lot within President's Plaza III. The Total Direct Costs are divided by the sum of the square footage of all parcels within the District in order to establish a rate per parcel square foot. This rate multiplied by each parcel's square footage equals the parcel's proportionate share of the parking lot maintenance costs (rounded to the nearest even penny). The rate qrovided in Table 1 is for Fiscal Year 200912010 onlv. Please refer to the District Budpet(Table 41 for future assessment rates. Total Direct Cost/Total Square Footage=Rate per Square Foot Rate x Parcel Square Footage=Direct Cost Assessment Component �W I LLDAN ( e.��,d'ng Page 7 your Financial Services reacn Cify of Palm Deserf PresidenYs Plaza N!PBID Management District Plan FY 2009/2010 Table 1: Direct Cost Proposed Assessment and Rate Proposed Direct Costs Proposed Rate(per Square __ for FY 2009-10 Foot)for FY 2009-10 Fourth Fiscal Year Maximum $ 22,2g2 $ .0492 Apportionment of Indirect(Administration/Reserve) Costs To ensure the improvements, activities, and services provided and funded through the District are continued, each parcel will be assessed for administrative and reserve costs (Indirect Costs). These Indirect Costs include all expenses related to the administration of the District as well as the collection of money towards a Reserve Fund. The Reserve Fund Collection is proposed to be slightly over thirty-two percent(32.30%)of the annual Total Direct Costs of the District. Similar to the method of apportionment for Total Direct Costs, the DistricYs indirect costs are apportioned to each parcel based on each parcel's lot size in square feet. The rate provided in Table 2 is for Fiscal Year 2009/2010 onlv Please refer to the District Bud ecLt (Table 41 for future assessment rates. Total lndirect Cost/Total Square Footage=Rate per Square Foot Rate x Parcel Square Footage=lndirect Cost Assessment Component Tabie 2: Indirect Cost Proposed Assessment and Rate Proposed Rate (per Proposed Indirect Costs for Square Foot)for FY FY 2009•10 2009-10 Fourth Fiscal Year Maximum $ 12,684 $ 0.0284 Tofal Annual Assessment Each parcel's Total Annual Assessment is the sum of their proportionate share of the Direct Costs and Indirect Costs. The preceding description of the method of apportionment outlines the estimated cost and rates applied for the District in Fiscal Year 2009/10. The rate provided in Table 3 is for Fiscal Year 2009/10 onl . Please refer to the District Bud et Table 4 for future assessment rates. �I WI LLDAN ( y uending Page 8 Financial Services reacn City of Palm Desert President's Piaza 111 PBID Management District Plan �Y 20a9120f 0 Direct Cost Rate+Indirect Cost Rate= Total Rate per Square Foot Total Rate x Parcel Square Footage= Total Parcel Assessment Table 3: Total Cost Proposed Assessment and Rate Proposed Rate (per Proposed Direct Costs for Square Foot)for FY FouRh Fiscal Year FY 2009-10 2009-10 Direct Costs Maximum $ 22,292 $ 0.0492 Indirect Costs $ 12,864 $ 0.0284 Total Costs Maximum $ 35,155 $ 0.0776 Annual Budget Adjustments For the five years of the term of the PBID renewal, annual assessments may be adjusted by the President's Plaza III PBID owners' association up to three percent (3%) per year. Actual annual adjustments may range from zero percent(0%)to three percent(3%). Adjustments may differ from year to year depending on the service needs identified by the owners' association. In any event, assessments will not exceed the levels illustrated by the District Budget(Table 4). Any annual budget surplus or deficit will be accrued into the following year's PBID budget. Assessments will be set accordingly, within the constraints of the annual adjustment, to adjust for surpluses or deficits that are carried forward. �WILLDAN I extending Page9 yo�, Financial Services ��n City of Palm Desert President's Pfaza!!I PBID Management District Plan FY 2009J2014 Description of Budget Items In Table 4 Direct Benefit Costs Sweeping Services: Weekly cleaning of the parking lot and gutters using a contracted, mechanized service. Landscape Contract Maintenance: Includes all regularly scheduled labor, material (e.g. pipe, fertilizer, insecticides), and equipment required to properly maintain and ensure the satisfactory condition of all landscaping, irrigation and drainage systems, and appurtenant facilities. All landscaping improvements within the District are contracted for maintenance and service on a regular basis. The frequency and specific maintenance and operations required within the District will be determined by City staff. Lighting Repair and Maintenance:This item includes repairs that are not normally included in the yearly maintenance contract costs. This may include repair of damaged amenities due to vandalism and storms, as well as planned upgrades, which could include replacing lighting materials or renovation of lighting systems. Landscape Repair and Maintenance:This item includes repairs that are not normally included in the yearly maintenance contract costs. This may include repair of damaged amenities due to vandalism and storms, as well as planned upgrades, which could include replacing plant materials or renovation of irrigation systems. Landscape Utilities-Water: Utility cost to furnish water for required landscape irrigation. Street Lighting Utilities - Electric: The furnishing of electricity required for the operation and maintenance of the lighting facilities. The City contracts for the furnishing of its electricity for street lighting, which includes normal maintenance and bulb replacement. This cost does not include repairs or replacement of damaged facilities due to vandalism, accidents or storms. Landscape Utilities -Electric: Utility cost for furnishing of electricity required for the operation of the irrigation systems and landscape maintenance. Indirect Benefit Costs (AdministrationlReserves) District Administration: The cost to all departments and staff of the City, for providing the coordination of District services, operations and maintenance of the District, response to public concerns and education, and procedures associated with the levy and collection of assessments. This cost also includes contracting with professionals to provide additional administrative, legal, or engineering services specific to the District. County Administration Fee:This is the actual cost to the District for the County to collect District assessments on the property tax bills. This charge is based on a flat rate per fund number. County Per Parcel Fee: This is the cost to the District for the County to collect assessments on the property tax bills. This charge is on a per assessment basis, at$0.39 per assessment, and is in addition to the County Administration Fee. �/WILLDAN ( eX`e"d`"g Page10 you� Financial Services reach City of Palm Desert President's Plaza 111 PBID Management District Plan FY 2009/201 D Operating Reserve Fund Collection: The Operating Reserve Fund provides for collection of funds to operate the District, for each fiscal year, from the time period of July 1 through January when the County provides the City with the first installment of assessments collected from the property tax bills. The Operating Reserve Fund eliminates the need for the City to transfer funds from non-District accounts to pay for District charges during the first haif of FY 2006/07 through FY 2010/2011. The Operating Reserve Fund may also be used to offset any unforeseen costs such as repairs, legal fees, revenue deficits, or increased costs due to inflation or contractual agreements that are greater than originally planned. The Operating Reserve Fund Collection amount is slightly less than five percent (4.48%) of the annual Total Direct Costs of the District in Fiscal Year 2009/2010. Parking Lot Maintenance Fund Collection: The Parking Lot Maintenance Fund provides funds for the sealing and re-striping of the parking lot after the fourth year of the renewal term of the District. The parking lot's total surface area is approximately 184,000 square feet. During December 2005, the District's cost of sealing and re-striping the parking lot was $27,200 (15.5 cents per square foot multiplied by 175,520 square feet of surface area) and its cost of repairs within the parking lot was $24,300 (for 8,500 square feet of surface area); for a total cost of $51,500. The cost of sealing and re-striping the parking lot's total surface area of 184,000 square feet would have been approximately $28,520 (15.5 cents per square foot multiplied by 184,000 square feet of surface area). Insurance:This line item supports insurance costs for the operation of the District. Levy Breakdown Total District Costs:This is the sum total of all budgeted Direct and Indirect costs. District Statistics Total Parcels:The total number of parcels within the District. Total Parcels to Levy: The total number of parcels within the District that will be assessed. Non- assessed lots or parcels include easements, common areas, and parcels within the boundaries of the District that currently do not benefit from the improvements and which are not included in the Total Parcels to Levy. Total Parcels Square Footage: This is the sum total of the assessed parcels' square footage applied to each assessed parcel within the District. Levy Rate per Direct Costs per Square Foot: This amount represents the Rate for Direct Costs being applied to each assessed parcel's individual lot square footage. The Levy Rate per Direct Costs is the result of dividing the estimated Total Direct Costs for that year by the sum of the District's Total Parcels Square Footage.The rate is calculated to four decimal places. Lery Rate per Indirect Costs per Square Foot: This amount represents the Rate for Indirect Costs being applied to each assessed parcel's individual lot square footage. The Levy Rate per Indirect Costs is the result of dividing the estimated Total Indirect Costs for that year by the sum of the District's Total Parcels Square Footage.The rate is calculated to four decimal places. �W I LLDAN ( e�ending Page 11 your Financial Services reach City of Palm Desert President's Plaza 111 PB1D Management District Plan FY 2009/2010 Total Levy Rate per Square Foot: This amount represents the Rate being applied to each assessetl parcel's individual lot square footage. The Levy Rate per Square Foot is the result of dividing the estimated Total District Costs for that year by the sum of the District's Total Parcel Square Footage. The rate is calculated to four decimal places. District Budget The District Budget shown on the following table (Table 4), lists the estimated costs of providing the various improvements and services within the District. The costs and the resulting rates for Fiscal Year 2006/07 through Fiscal Year 2010/11 are based on the estimated costs to provide the improvements and services for each year. Direct Costs, District and County Administration Costs, and Insurance Costs are adjusted for the three percent(3%) inflation factor. The owners' association, appointed by the City Council, will annually review the District costs and make recommendations for any changes or adjustments to the budget. Changes to the budget could result in changes to the annual assessment, but the resulting total assessment may not exceed the maximum rates established in this Report without first obtaining property owner approval through assessment ballots. �WILLDAN I extending Page 12 your Financial Services �cn City of Palm Desert President's Plaza H!PBID Management District Plan FY 2009JY010 Table 4: Five Year Budget Actual Proposed Maximum Pronosed Assessment for Fiscal Years Assessment Budgetitem FY 2009-10��� 2006-07 2007•08 2008•09 2009-10 2010•11 Direct Costs Sweeping Services $ 4,371 $ 4,000 $ 4,120 $ 4,244 $ 4,371 $ 4,502 Landscape Contract Maintenance 4,917 4,500 4,635 4,774 4,917 5,065 Lighting Repair&Maintenance 1,311 1,200 1,236 1,273 1,311 1,351 Landscape Repair&Maintenance 3,825 3,500 3,605 3,713 3,825 3,939 LandscapeUtilities-Water 2,185 2,000 2,060 2,122 2,185 2,251 Street Lighting Utilities-Electric 5,136 4,700 4,841 4,986 5,136 5,290 Landscape Utilities-Electric 546 500 515 530 546 563 Subtotal Direct Costs $ 22,292 $ 20,400 $ 21,012 $ 21,642 $ 22,292 $ 22,960 Indirect Costs District Administration 3,825 3,500 3,605 3,713 3,825 3,939 County Administration Fee 191 175 180 186 191 197 County Per Parcel Fee 9 8 8 8 9 9 Operating Reserve Fund Collection 1,000 1,000 1,000 1,000 1,000 1,000 Parking Lot Maintenance Fund Collection 6,200 6,200 6,200 6,200 6,200 6,200 I nsurance 1,639 1.500 1.545 1,591 1,639 1,688 Subtotal Indirect Costs $ 12,864 $ 12,383 $ 12,538 $ 12,699 $ 12,864 $ 13,034 Levv Breakdown Total District Costs 35,155 32,783 33,550 34,341 35,155 35,994 Balance to Levy $ 35,155 $ 32,783 $ 33,550 $ 34,341 $ 35,155 $ 35,994 District Statistics Total Parcels 16 16 16 16 16 16 Total Parcels To Levy 16 16 16 16 16 16 Total Parcels Square Footage 453,956 453,956 453,956 453,956 453,956 453,956 Levy Rate per Direct Costs per Sq Ft $ 0.0492 $ 0.0450 $ 0.0464 $ 0.0478 $ 0.0492 $ 0.0506 Levy Rate per Indirect Costs per Sq Ft $ 0.0284 $ 0.0272 $ 0.0278 $ 0.0280 $ 0.0284 $ 0.0288 Total Levy Rate per Square Foot $ 0.0776 $ 0.0722 $ 0.0740 $ 0.0758 $ 0.0776 $ 0.0794 Operatinp Reseroe Fund Balance Previous Balance 3,000 - 1,000 2,000 3,000 4,000 Ending Balance 4,000 1,000 2,000 3,000 4,000 5,000 Parkrnp Lot Maintenance Fund Balance Previous Balance 18,600 - 6,200 12,400 18,600 24,800 Ending Balance 24,800 6,200 12,400 18,600 24,800 31.000 Maximum annual assessments for direct costs,district and county administration,and insurance are adjusted by 3%ftom the previous Fiscal Year for Fiscal Years 2007-OS through 2010-2011.The PBID Owner's Association will determine the amount of any actual increase for those years,which may not exceed 3%per year. ���FY 2009-10 Actual and Maximum Proposed Assessments are the same. Sources:City of Palm Desert;Willdan Financial Services �WILLDAN I extending Page13 you, Financial Services reacn City of Palm Desert PresidenYs Plaza Ill P8lD Management Disfrict Plan FY 2009/2010 Appendix A —Assessment Diagram The Assessment Diagram for the District is on the following page and is inclusive of all parcels identified on the County of Riverside Assessor's Parcel Maps as Book 627, Page 192. The Assessment Diagram will be kept on file with the City Clerk of the City of Palm Desert. �W I LLDAN I youending Page 14 Financial Services �eacn City of Pa►m Desert President's P1aza 111 P81D Management District Plan FY 2009/2010 Appendix B —Assessment Roll Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the County Assessor's Map for the year in which this Report is prepared. The Assessment Roll, which includes a listing of parcels assessed within this District, along with their assessment amounts, is shown in Table 5 on the following page. e�ending Page 15 �WILLDAN I yo�, Financial Services reacn tD c0 � V V aD N � O O N c0 O R N a a cD M I� O M o0 00 M O I� M fG o0 R T QC O W LL c0 c0 a0 I� c0 iF � 1� M N �A � CO O o0 W (p !� H V N N N N t0 I� st I� C � � � a0 � O n�' in ao � rn rn rn rn � c� �n u� c? co co cc � (� C N p � N N M M M � N M � d' A ... c> � a�� m ia .'i„ o E E o .�' � � � i E d N �` �l. 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