HomeMy WebLinkAboutResolution 2011-68 through 2011-71 President's Plaza III Property and Business Improvement District Fiscal Year 2011 / 2012CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: APPROVE THE MANAGEMENT DISTRICT PLAN AND
ENGINEER'S REPORT, ORDER THE FORMATION/RENEWAL
AND THE LEVY AND COLLECTION OF ASSESSMENTS, AND
APPROVAL TO DECLARE THE RESULTS OF THE PROPERTY
OWNER PROTEST PROCEEDINGS, FOR THE PRESIDENT'S
PLAZA III PROPERTY AND BUSINESS IMPROVEMENT
DISTRICT FOR FISCAL YEAR 2011-2012
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
DATE: July 14, 2011
CONTENTS: Preliminary Management District Plan
Preliminary Engineer's Report
Resolution No. 2011- 68
Resolution No. 2011- 69
Resolution No. 2011- 70
Resolution No. 2011- 71
Recommendation
Waive further reading and adopt:
Resolution No. 2011- 68 approving the final Management District Plan
for the President's Plaza III Property and Business Improvement District
for Fiscal Year 2011-2012 and appointment of an owner's association;
2. Resolution No. 2011- 69 approving the final Engineer's Report for the
President's Plaza III Property and Business Improvement District for Fiscal
Year 2011-2012;
3. Resolution No. 2011- 70 ordering the formation of the President's
Plaza III Property and Business Improvement District and the levy and
collection of assessments for said District for Fiscal Year 2011-2012; and
4. Resolution No. 2011- 71 declaring the results of a property owner
protest proceeding for the President's Plaza III Property and Business
Improvement District and approving certain related actions.
Staff Report
President's Plaza III Formation of PBID
July 14, 2011
Page 2of2
Background
The President's Plaza III Business Improvement District was re-established in 2006 for
a five-year term and the budge was set. The district includes properties located on the
south side of Highway 111 and on the north side of El Paseo between Highway 74 and
Sage Lane.
The City collects annual assessments to pay for services such as landscape
maintenance, street sweeping, and parking lot lighting within the common parking lot
areas. Each fiscal year the City Council reviews and approves a budge that is set at the
first year of the District. The District has concluded its final year of the five-year term
and proceedings to re-form the District must take place in order to levy the
assessments.
Staff recommends that the City Council open the public hearing and take testimony from
all interested parties. At the conclusion of the public hearing, staff will count the ballots
and return to declare the results.
Fiscal Analysis
The assessment and collection of the levy amount funds the on -going maintenance of
the President's Plaza III Business Improvement District costs.
Prepared By:
Ryan Stende Mark Greeri)ivood, P.E.,
Senior Man e n Analyst Director of Public Works
cam- CITY COUNCIL#070N
�� (�✓ APPROVED nEN
l it RECEIVED QTHER.,
Paul S. i s rector of Finance°���' �a/" //� Y �i
MEETING DATE ��?O//
A o AYES: r , j
NOES:
ABSENT:
AIMn M. Wohlmuth, City Manager Ate'
VERIFIED BY:
Original on File with City Jerk's Office
A/No Property Owner Protest, the DISTRICT IS FORMED; Res. Nos. 2011-68, 2011-69,
2011-70, and 2011-71 ADOPTED 4-0 (Benson ABSENT), with the following results
to be entered onto Res. No. 2011-71:
Total Ballots Cast $24,044.64
YES Total $15,882.30
NO Total $ 8,162.34
CITY OF PALM DESERT
PRESIDENT'S PLAZA III PROPERTY AND BUSINESS
IMPROVEMENT DISTRICT RENEWAL
MANAGEMENT DISTRICT PLAN
FISCAL YEARS 2011 /2012 To 2015/2016
Intent Meeting:
Public Hearing:
Corporate Ofce
27368 Via Industria
Suite 110
Temecula, CA 92590
Tel: (951) 587-3500
Tel: (800) 755-6864
Fax: (951) 587-3510
May 26, 2011
July 14, ,2011
WILLDAN
Financial Services
Ofce Locations
Oakland, CA
Sacramento, CA
wmw. willdan. com/financial
Phoenix, AZ
Orlando, FL
Table of Contents
OVERVIEW............................................................................................ 2
Introduction
District Renewal Process
2
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 7
Parking Lot Improvements and Services 7
Method of Apportionment Calculations 7
Apportionment of Direct Costs 7
Apportionment of Indirect (Administration/Reserve) Costs 8
Total Annual Assessment 8
Annual Budget Adjustments 9
DESCRIPTION OF BUDGET ITEMS IN TABLE 4.......................................... 10
Direct Benefit Costs
10
Indirect Benefit Costs (Administration/Reserves)
11
Levy Breakdown
12
District Statistics
12
District Budget
12
APPENDIX A — ASSESSMENT DIAGRAM ............................................... A-1
APPENDIX B — ASSESSMENT ROLL ..................................................... B-1
Overview
Introduction
The City of Palm Desert ("Cif') formed and established the President's Plaza III Property
and Business Improvement Assessment District ("District") beginning in Fiscal Year
2001 /2002, and renewed in Fiscal year 2006/2007, to provide improvements and activities
that confer special benefits upon real property within the boundaries of the District. The
District was established and levied pursuant to Proper y and .Business Improvement District Law of
1994, Part 7 of Division 18 of the California Streets and Highways Code (the "Act'). Pursuant to the
Act, property owners within the District submitted a signed petition requesting formation of
the District. The District was successfully renewed 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 2010/2011 is the last year of the term of the District. Under the
provisions of the Act, the property owners within the District may renew the District for a
maximum term of ten (10) years. The renewal process is the same as that of the original
formation. Therefore, the preparation of this updated Management District Plan is the first
step in satisfying these requirements. Pursuant to the Act, the City proposes to annually levy
and collect assessments to provide funding for improvements and activities authorized
within the District for a period of five years (Fiscal Years 2011 /2012 through 201512016).
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.
District Renewal Process
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 renewal proceedings. The City Council initiated proceedings for the
renewal of the District by adopting a resolution expressing its intention to renew 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.
P. Ill 1 WII kr";
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 renewal, and
caused notice to the property owners pursuant to Section 54954.6 of the Government Code.
Public notices and assessment ballots (properly 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
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 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.
1 _ sVl�{�I
Description of the District
District Boundary
The District consists of all parcels located in the commercial business area known as the
President's Plaza III within the City of Palm Desert, County of Riverside. The District
includes sixteen (16) assessed commercial parcels.
The boundary of the District and the parcels therein are generally located South of Palm
Desert Drive at Highway 111; North of El Paseo; West of Sage Lane; and East of Old
Highway 74, and includes the Palm Desert Parking Lot — lease parcel to the City of Palm
Desert located South of Highway 111; East of New Highway 74; and West of Old Highway
74.
Improvements and Activities
In an effort to enhance and improve business opportunities and the appearance of the area
known as the President's Plaza III, the Agency provided funds for the renovation and capital
improvement of the parking lot and landscaped areas related to this commercial business
center. In conjunction with this renovation, President's Plaza III Property and Business
Improvement District was formed in 2001, and renewed in 2006, to provide and ensure the
continued operation and maintenance of the improvements after the renovations had been
completed. Should the District be renewed by the property owners for another five (5) year
term, the assessments generated will continue this maintenance. In December 2005, the
District paid for the slurry sealing, re -striping and repair of the parking lot through reserve
funds that had been accumulated during the first five years of the term of the District.
It has been determined that all the properties within the District receive special and distinct
benefits from the improvements and activities to be funded through the assessments. The
improvements include all necessary activities, services, operation, administration, and
maintenance required to keep the improvements in satisfactory condition including all
necessary labor, material, and equipment. The services may include, but are not limited to,
regular maintenance, repair, removal or replacement of all or any part of the improvements
including removal of trimmings, rubbish, debris and other solid waste; and, providing for the
growth, health and beauty of landscaping and lighting including cultivation, trimming,
spraying, fertilizing or treating for disease or damage as well as supplying necessary irrigation
and electrical energy. The specific improvements and activities include:
Parking lot landscaped areas: including, but not limited to, ground cover,
shrubs, trees, plants, irrigation and drainage systems and associated appurtenant
facilities;
• Parking lot lighting facilities: including, but not limited to, bulbs, fixtures,
poles, wiring, and electrical energy; and,
• Debris removal: including, but not limited to, regular mechanical sweeping of
the parking lot.
The costs associated with the improvements are equitably spread among all benefiting
parcels within the District utilizing the method of apportionment described in the Method of
Apportionment section of this Plan. The total funds collected shall be dispersed and used
for only the services and operations provided to the District.
Special Benefits of the Improvements and
Activities
All assessed properties within the District receive special benefits from one or more of the
improvements and activities funded through the District assessments. Specifically, lighting
and landscaping amenities within the parking lot, and regular sweeping of the parking lot.
The special benefits of lighting (Parking lot lights) are the convenience, safety, and security of
property, improvements, and goods. Specifically:
1. Enhanced deterrence of 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.
il'�%;Guz 1 rr?;rncr,i' S;rri<<:4
Parking lot sweeping is an essential and necessary activity for all properties —particularly
commercial properties. This improvement is funded through the assessments solely for the
special benefit of properties within the District. The benefits associated with this service are:
1. Enhanced aesthetic appeal of the parking area and the properties that are
associated with the parking area;
2. Improved dust control;
3. The special enhancement to the value of property which results from the above
benefits.
The on -going operation and maintenance of the landscaping, lighting and sweeping
improvements provide no measurable general benefit to other properties outside the District
or to the public at large. Therefore, these improvements and the corresponding assessments
have been identified as 100% special benefit to parcels within the District.
1 t � .: ,r1', l' •:�:z 111 1'1�11? ft r::�'
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 President's Plaza III PBID have use of, and access to, a
centralized parking facility (lot) that provides access, parking, and delivery areas for the
businesses and parcels within the District. Because the parking area is a centralized facility
used and accessed by all properties within the District, each parcel's benefit is based on the
size of such parcel. Therefore, it has been determined that a fair and reasonable reflection of
each parcel's benefit for the parking lot improvements shall be based on the approximate
size, in square feet, of each parcel.
Method of Apportionment Ca.lculat,ionw
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. These Total Direct Costs, divided by
the sum of the square footage of all parcels within the District, establishes a rate per parcel
square foot. This rate multiplied by each parcel's square footage equals the parcel's
proportionate share of the parking lot maintenance costs (rounded to the nearest even penny). The
rate provided in Table 1 is for Fiscal Year 2011 /2012 only. Please refer to the District
Budget (Table 4) for future assessment rates.
Total Direct Cost Total Square Footage = Rate per Square Foot
Rate x Parcel Square Footage = Direct CostAssessment Component
I'1/141/'Ire ! `sr,.rn,re/'.S"rrAI i-,
Table 1: Direct Cost Proposed Assessment and Rate
Proposed Proposed Rate
Direct Costs (per Square Foot) for
for FY 2011-12 FY 2011-12
First Fiscal Year Maximum S 23.649 S 0 0520
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.
Similar to the method of apportionment for Total Direct Costs, the District's indirect costs
are apportioned to each parcel based on each parcel's lot size in square feet. The rate
provided in Table 2 is for Fiscal Year 2011/2012 only. Please refer to the District Budget
(Table 4) for future assessment rates.
Total indirect Cost/ Total Square Footage = Rate per Square Foot
Rate x Parcel Square Footage = Indirect Cost Assessment Component
Table 2: Indirect Cost Proposed Assessment and Rate
Proposed Proposed Rate
Indirect Costs (per Square Foot) for
for FY 2011-12 FY 2011-12
First Fiscal Year Maximum S 13 426 S 00296
Total Annual Assessment
Each parcel's Total Annual Assessment is the sum of their proportionate share of the Direct
Costs and Indirect Costs. The preceding description of the method of apportionment
outlines the estimated cost and rates applied for the District in the first fiscal year of this
renewal (FY 2011/2012). The rate provided in Table 3 is for Fiscal Year 2011/2012 only.
Please refer to the District Budget Table 4) for future assessment rates.
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 Proposed Rate
Direct Costs (per Square Foot) for
First Fiscal Year for FY 2011-12 FY 2011-12
Direct Costs Maximum S 23 649 S 0 0520
Indirect Costs S 13 426 S 0 0296
Total Costs Maximum S 37 07.1 S 0 0816
Annual Budget Adjustments
For the five year term of this 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 (39/6). Adjustments
may differ from year to year depending on the service needs identified by the owners'
association. In any event, assessments will not exceed the levels illustrated by the District
Budget (Table 4).
Any annual budget surplus or deficit will be accrued into the following year's PBID budget.
Assessments will be set accordingly, within the constraints of the annual adjustment, to
adjust for surpluses or deficits that are carried forward.
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1 1'
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.
Irilldan Financial Sere t(-c,s P.rs,r A —I
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 the Engineer's Report is prepared.
The Assessment Roll, which includes a listing of assessor parcels assessed within this
District, along with their assessment amounts, is shown in Table 5 on the following page.
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CITY OF PALM DESERT
PRESIDENT'S PLAZA III PROPERTY AND BUSINESS
IMPROVEMENT DISTRICT RENEWAL
ENGINEER'S REPORT
FISCAL YEARS 2011 /2012 To 2015/2016
Intent Meeting:
Public Hearing:
Corporate Ofce
27368 Via Industria
Suite 110
Temecula, CA 92590
Tel: (951) 587-3500
Tel: (800) 755-6864
Fax: (951) 587-3510
May 26, 2011
July 14, 2011
WILLDAN
Financial Services
Ofce Locations
Oakland, CA
Sacramento, CA
www willdan. com/financial
Phoenix, AZ
Orlando, FL
Cin ot'PaLn Desert Presidents Plaza III PBID Reneival
Prchminan- En rincer'.s Report
F)2011 /2UI2
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 (properly 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
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 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.
City oft'ith t Desert 1'resident's I'Ia a 111 PBID Rene w;d
PreGn�iinan- En,-inccr'.s Report
FY2011 /2012
Description of the District
District Boundary
The District consists of all parcels located in the commercial business area known as the
President's Plaza III within the City of Palm Desert, County of Riverside. The District
includes sixteen (16) assessed commercial parcels.
The boundary of the District and the parcels therein are generally located South of Palm
Desert Drive at Highway 111; North of El Pasco; West of Sage Lane; and East of Old
Highway 74, and includes the Palm Desert Parking Lot — lease parcel to the City of Palm
Desert located South of Highway 111; East of New Highway 74; and West of Old Highway
74.
Improvements and. Activities
In an effort to enhance and improve business opportunities and the appearance of the area
known as the President's Plaza III, the Agency provided funds for the renovation and capital
improvement of the parking lot and landscaped areas related to this commercial business
center. In conjunction with this renovation, President's Plaza III Property and Business
Improvement District was formed in 2001, and renewed in 2006, to provide and ensure the
continued operation and maintenance of the improvements after the renovations had been
completed. Should the District be renewed by the property owners for another five (5) year
term, the assessments generated will continue this maintenance.
It has been determined that all the properties within the District receive special and distinct
benefits from the improvements and activities to be funded through the assessments. The
improvements include all necessary activities, services, operation, administration, and
maintenance required to keep the improvements in satisfactory condition including all
necessary labor, material, and equipment. The services may include, but are not limited to,
regular maintenance, repair, removal or replacement of all or any part of the improvements
including removal of trimmings, rubbish, debris and other solid waste; and, providing for the
growth, health and beauty of landscaping and lighting including cultivation, trimming,
spraying, fertilizing or treating for disease or damage as well as supplying necessary irrigation
and electrical energy. The specific improvements and activities include:
• Parking lot landscaped areas: including, but not limited to, ground cover,
shrubs, trees, plants, irrigation and drainage systems and associated appurtenant
facilities;
• Parking lot lighting facilities: including, but not limited to, bulbs, fixtures,
poles, wiring, and electrical energy; and,
• Debris removal: including, but not limited to, regular mechanical sweeping of
the parking lot.
The costs associated with the improvements are equitably spread among all benefiting
parcels within the District utilizing the method of apportionment described in the Method of
Cin oi'Pahtt Desert President's Plaza 111 PBU) Reneu-al
Preliminan_ Ej,i;>ineer's Rc juirt
F1 2011,/2012
Apportionment section of this Report. The total funds collected shall be dispersed and used
for only the services and operations provided to the District.
Special Benefits of the Improvements and
.Activities
All assessed properties within the District receive special benefits from one or more of the
improvements and activities funded through the District assessments. Specifically, lighting
and landscaping amenities within the parking lot, and regular sweeping of the parking lot.
The special benefits of lighting (parking lot lights) are the convenience, safety, and security of
property, improvements, and goods. Specifically:
1. Enhanced deterrence of 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.
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 t%i(1r/tl j'117d1' lc/! _S dt�'L{t;f
Cin olIWrn Uesc•ri
Presielent's Plaza III PBID Renew td
Prclicninan' En,,.,rinccr'.s Rcpor7
FY 2011,/20I2
Enhanced aesthetic appeal of the parking area and the properties that are
associated with the parking area;
2. Improved dust control;
3. The special enhancement to the value of property which results from the above
benefits.
The on -going operation and maintenance of the landscaping, lighting and sweeping
improvements provide no measurable general benefit to other properties outside the District
or to the public at large. Therefore, these improvements and the corresponding assessments
have been identified as 100% special benefit to parcels within the District.
(,'in of l'�ibn Desert President's Plaza III PBID Reneia a/
Prcfintimu.- En >incer'.s Rc port
F) 2011,/ 2012
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 President's Plaza III PBID have use of, and access to, a
centralized parking facility (Io6 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 lII. These Total Direct Costs, divided by
the sum of the square footage of all parcels within the District, establishes a rate per parcel
square foot. This rate multiplied by each parcel's square footage equals the parcel's
proportionate share of the parking lot maintenance costs (rounded to the nearest even
penny). The rate provided in Table 1 is for Fiscal Year 2011 /2012 only. Please refer to the
District Budget (Table 4) for future assessment rates.
Total Direct Cost/ Total Square Footage = Rate per Square Foot
Rate x Parcel Square Footage = Direct Cost Assessment Component
il'iil,lrta I rr7�ttt��ira/ 5� sry;�,� (,r,_, ,—
Girt o1 Pa/m Desert
Prestiient's Plaza III PBLD Rent i+.rl
Prclirninan- Ei rginecr'.s Report
FY 2011/2012
Table 1: Direct Cost Proposed Assessment and Rate
Proposed Proposed Rate
Direct Costs (per Square Foot) for
for FY 2011-12 FY 2011-12
First Fiscal Year Maximum S 23 Goy S 0 0520
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.
Similar to the method of apportionment for Total Direct Costs, the District's indirect costs
are apportioned to each parcel based on each parcel's lot size in square feet. The rate
provided in Table 2 is for Fiscal Year 2011/2012 only. Please refer to the District Budget
(Table 4) for future assessment rates.
Total Indirect Cost/ Total Square Footage = Rate per Square Foot
Rate x Parcel Square Footage = Indirect Cost Assessment Component
Table 2: Indirect Cost Proposed Assessment and Rate
Proposed Proposed Rate
Indirect Costs (per Square Foot) for
for FY 2011-12 FY 2011-12
First Fiscal Year Maximum S 13426 S 00296
Total Annual Assessment
Each parcel's Total Annual Assessment is the sum of their proportionate share of the Direct
Costs and Indirect Costs. The preceding description of the method of apportionment
outlines the estimated cost and rates applied for the District in the first fiscal of this renewal
(FY 2011/2012). The rate provided in Table 3 is for Fiscal Year 2011/2012 only. Please
refer to the District Budget , able 4) for future assessment rates.
Direct Cost Rate + Indirect Cost Rate = Total Rate per Square Foot
Total Rate x Parcel Square Footage = Total Parcel Assessment
Cin ofl'�ihn Desert
President's Pkmi HI 11131D Renviaal
Prelimin.arr Engineer's Report
Fr 2011,E 2012
Table 3: Total Cost Proposed Assessment and Rate
Proposed Proposed Rate
Direct Costs (per Square Foot) for
First Fiscal Year for FY 2011-12 FY 2011-12
Direct Costs Maximum S 23 649 S 0 0520
Indirect Costs S 13 426 S 0 0296
Total Costs Maximum $ 37.074 $ 0 0816
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 (39/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 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.
Cite at P.rbn Desert
Presidents Plaza 111 PBID Rcttcmal
1'rc 1irninarc Engineer''s RcPurt
Ff-2011/ 2012
Description of Budget Items In Table 4
Direct Benefit Casts
Weekly cleaning of the parking lot and gutters using a contracted, mechanized service.
Includes all regularly scheduled labor, material (eg. pipe, fertiliser, insecti(ides), 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.
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.
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.
Utility cost to furnish water for required landscape irrigation.
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.
Utility cost for furnishing of electricity required for the operation of the irrigation
systems and landscape maintenance.
1 10
Cif o/-PaLtn Dc.4crt
Presrilcnt's Plaza 111 PBID Rencw;tl
Prchininan- Er{ ;'incer's Ri pw-t
F) 2011,1 �01?
Indirect Benefit Costs (. dmin.istration/Reserves)
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.
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.
F.. , v ft :`, . ,.,Jd f I
This is the cost to the District for the County to collect assessments on the property tax
bills. This charge is on a per assessment basis, at $0.50 per assessment, and is in addition
to the County Administration Fee.
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
2011/2012 through FY 2015/2016. 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 Parking Lot Maintenance Fund provides funds for the sealing and re -striping of the
parking lot after the fourth year of this 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) .
This line item supports insurance costs for the operation of the District.
Girl ofPalm Desert
Levy Breakdown
President's Plaint 111 PBID Rcnciv;d
Prehininnn' E'n,inecr's Rcport
FY-1#11 / 2012
This is the sum total of all budgeted Direct and Indirect costs.
District Statistics
r
The total number of parcels within the District.
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.
This is the sum total of the assessed parcels' square footage applied to each assessed
parcel within the District.
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.
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.
This amount represents the Rate being applied to each assessed parcel's individual lot
square footage. The Levy Rate per Square Foot is the result of dividing the estimated
Total District Costs for that year by the sum of the District's Total Parcel Square
Footage. The rate is calculated to four decimal places.
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 2011/2012 through Fiscal Year 2015/2016 are based on the
11 li%r,tn 1 IP.111, 1,,A
C'its ofPsihn Desert President's Plaza III PBID Renewal
I'rclitninan_ En, inc•er's Rty)oi-t
F3 2O111/2012
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.
Table 4: Five Year Budget
Budget Item
Actual
Proposed
Assessment
FY 2011-2012 l':
Maximum
2011-2012
Proposed
2012-2013
Assessment for Fiscal Years
2013-2014 2014-2015
2015-2016
D.rec., hosts
Sweeping Serices
S 4 637
5 4 637
S 4 776
S 4 919
S 5 067
S
5 219
Landscape Contract Maintenance
5 217
5 217
5 373
5 634
5 700
5 871
Lighting Repair & Maintenance
1 391
1 391
1 433
1.476
1 620
1 566
Landscape Repair & Maintenance
4 057
4 057
4 179
4 305
4 434
4 567
Landscape Utilities -'A-later
2 319
2 319
2 388
2 460
2 534
2 610
Street Lighting Utilities - Electric
5 449
5 449
5 612
5 780
5 954
6 132
Landscape Utilities - Electric
580
580
597
615
633
652
Subtotal Direct Costs
S 23 649
5 23 649
5 24 359
5 25 089
5 25 842
5
26 617
rrd rect Costs
District Administration
4 057
4 057
4 179
4 305
4 434
4 567
County Administration Fee
203
203
209
215
222
228
County Per Parcel Fee
8
9
10
10
10
10
Operating Reserve Fund Collection
1 030
1 030
1 000
1 000
1 000
1 000
Parking Lot Maintenance Fund Collection
6 386
6 386
6200
6200.
6200
6 200
Insurance
1 739
1 739
1 791
1 845
1 900
1 957
Subtotal Indirect Costs
S 13 423
5 13 426
S 13 389
S 13 574
S 13 766
S
13 963
Les, Brakdots^
Total District Costs
37 072
37 074
37 747
38 664
39 608
40 580
Balance to Levy
5 37 072
5 37 074
S 37 747
S 33 664
S 39 606
5
40 580
D-strct Stat,sbcs
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
Le•.y Rate per Direct Costs per Sol Ft
S 0 0520
S 0 0620
S 0 0638
S 0 0554
5 0 0670
5
00588
Levy Rate per Indirect Costs per Sq Ft
S 0 0296
S 0 0296
S 0 0296
5 0 0300
5 0 0304
S
0 0308
Total Levy Rate per Square Foot
5 00816
5 0 0816
S 00832
5 00862
5 0 0374
5
0 0894
0perat'rg Reserve Fi rd ea'arce
Pre,,ious Balance
-
-
1 030
2030
3 030
4 030
Ending Balance
1 030
1 030
2030
3 030
4 030
5 030
Padcrg Lot (dlia,rferaree FiiYd Baia+ice
Previous Balance
-
-
6 386
12 586
18 786
24 986
Ending Balance
6 336
6 386
12 586
18 786
24 986
31 186
f'aximum arrual assessments far erect ccsts. cistrict and ccunty admmistraticn, and insurance are adjusted ty 348 from the pre. ieus Fiscal - ear far Fiscal
ears 2C 12-12 mrrueh 201`-20H —he PSIC =d, iscry
.ear
Scar-. v;ill determine
the amcunt rf any
actual increase
far these years
-;hich may net exceed'02
per
F" 2C11-12 >+ctual and tsaximum Prapcsed ;ssessnnents are tre same.
Scurces: Cay of Palm Cesen: 'i ,llldar Financial Ser.lees
i►`i/,'rl,/a !'rtrrtnlitl S"IT/ir"i 1,,,.- / ;
City of PaLn Desert
Presicicrnt's Plaza HI PBID Reneu;d
Pre/iininan_ ' E,{,-incer's Report
FI 2011;!2012
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.
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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 assessor parcels assessed within this
District, along with their assessment amounts, is shown in Table 5 on the following page.
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O
RESOLUTION NO. 2011- 68
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING THE FINAL MANAGEMENT
DISTRICT PLAN FOR THE PRESIDENT'S PLAZA III PROPERTY AND
BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2011/2012
AND APPOINTMENT OF AN OWNER'S ASSOCIATION
RECITALS
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 President's Plaza III
Property and Business Improvement District (hereafter referred to as 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, Willdan Financial Services, (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 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 President's Plaza I II Property and Business
Improvement District, Fiscal Year 2011/2012; 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. 2011- 68
Section 3: Pursuant to the Act, the City Council hereby appoints the President's Plaza 111
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 this 14th day of July, 2011, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
JEAN M. BENSON, MAYOR
2
RESOLUTION NO. 2011- 69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, TO APPROVE THE FINAL ENGINEER'S
REPORT FOR THE PRESIDENT'S PLAZA III PROPERTY AND
BUSINESS IMPROVEMENT DISTRICT, FISCAL YEAR 2011/2012
RECITALS
WHEREAS, the City Council has retained Willdan Financial Services for the
purpose of assisting with the Annual Levy of the President's Plaza III Property and
Business Improvement District (hereafter referred to as the "District"), and to prepare and
file an Engineer's Report (hereafter referred to as the "Report") with the City Clerk in
accordance with the provisions of California Constitutional Articles X111C and X111D; and,
WHEREAS, there has now been presented to this City Council the final Engineer's
Report as required by California Constitutional Articles XI11C and X110; 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 Willdan Financial Services
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, 2011, and ending
June 30, 2012, in accordance with California Constitutional Articles XI11C and X111D.
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. 2011- 69
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 this 14th day of July, 2011, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
JEAN M. BENSON, MAYOR
E
RESOLUTION NO. 2011- 70
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA ORDERING THE FORMATION OF THE
PRESIDENT'S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT
DISTRICT AND THE LEVY AND COLLECTION OF ASSESSMENTS
FOR SAID DISTRICT FOR FISCAL YEAR 2011/2012
RECITALS
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 President's Plaza I I I
Property and Business Improvement District (hereafter referred to as 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 District, and the establishment of maximum assessments over
the next five years 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 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 protest proceeding was conducted, with ballots presented to
qualified property owners of the District for receipt by the City Clerk on July 14, 2011,
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. 2011. 70
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 President's Plaza III 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, 2011 and ending June 30, 2012 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 Clerk 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 X111C and X111D.
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, 2011 and ending June 30, 2012 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.
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RESOLUTION NO. 2011- 70
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
2011/2012. 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 President's Plaza III 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, 2011 and ending June 30, 2012.
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 this 14'h day of July, 2011, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
JEAN M. BENSON, MAYOR
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RESOLUTION NO. 2011-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, DECLARING THE RESULTS OF A PROPERTY
OWNER PROTEST PROCEEDING FOR THE PRESIDENT'S PLAZA III
PROPERTY AND BUSINESS IMPROVEMENT DISTRICT AND
APPROVING CERTAIN RELATED ACTIONS
RECITALS
WHEREAS, The City Council called and duly held a property owner protest
proceeding for the President's Plaza III 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
X111C 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 July 14, 2011 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 July 14, 2011, 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 July 14, 2011, 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. 2011- 71
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 this 14th day of July, 2011, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
JEAN M. BENSON, MAYOR
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