HomeMy WebLinkAboutRes 2013-42 and 43 - FY13-14 Presidents Plaza III PBIDCITY OF PALM DESERT
GITY MANAGER'S OFFICE
STAFF REPORT
REQUEST: APPROVAL OF THE ANNUAL BUDGET FOR THE PRESIDENT'S
PLAZA III PROPERTY AND BUSINESS IMPROVEMENT
DISTRICT FOR FISCAL YEAR 2013/2014
SUBMITTED BY: Ryan Stendell, Senior Management Analyst
DATE: June 27, 2013
ATTACHMENTS: Resolution No. 2013- 42
Resolution No. 2013- 43
Management Plan for Fiscal Year 2013/2014
Recommendation
Waive further reading and adopt:
Resolution No. 2013- 4z , approving the President's Plaza I Il
Business Improvement District Annual Budget for Fiscal Year
2013/2014; and
2. Resolution No. 2013- 43 , ordering the levy and collection of
assessments for Fiscal Year 2013/2014.
Executive Summary
The President's Plaza III Property and Business Improvement District was approved in
June 2011 by majority vote of property owners within the district for an additional five
years. The attached resolutions will allow the City Council to approve the annual budget
for the President's Plaza III Property and Business Improvement District. The attached
resolutions also call for the levy and collection of assessments for Fiscal Year
2013/2014.
Back�tround
The President's Plaza III Business Improvement District was re-established in 2011 for
a five-year term and budget. The District is entering its third 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.
Staff Report
President's Plaza III Budget FY 2013/2014
June 27, 2013
Page 2 of 2
Resolution No. 2013-42
Resolution No. 2014-43
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.
The only modification to the budget is the allowed three percent cost of living
adjustment, which was built into the five-year plan that was voted on by the property
owners. The attached resolutions will approve next fiscal year's budget and allow the
City to levy and collect the annual assessments for Fiscal Year 2013/2014. Staff
recommends approval of the attached resolutions.
Fiscal Analvsis
The assessment and collection of the full levy amount funds the on-going maintenance
of the President's Plaza 111 Property and Business Improvement District and associated
staff costs, relieving the City from any financial burden.
Prepared By:
Ryan Stendell
Senior Management Analyst
R ' wed and Concur:
aul . Gibson, Director of Finance
Reviewed and Concur:
/ �
// .l '1 =
Mark Gre :nwood, P.�. �
Director Cf F�blic Works
J
CITY COUNCILA�ON
APPROVED DENiED -
�R CEIVED OTHER �a�
�G�. �Dl.�-'%{ c,rrzi„�,(�- �1:.3
AYES:f�/��
NOCS: � �
ABSENT: ���-
ABSTAIN: ��e-- �
VERIFIED BYr ���,���
Original on File with Cit�
rk's Office
; �ftzinil�
n M. Wohlmuth, City Manager
RESOLUTION NO. 2013-42
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 2013/2014
The City Council of the City of Palm Desert (hereinafter referred to as the "City Council")
does resolve as follows:
WHEREAS, in Fiscal Year 2013/2014 the City Council, 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 (hereinafter referred to as the "Code"), and in
accordance with the provisions of the California Constitution Article XIIID, conducted
proceedings for the formation of the President's Plaza I11 Business Improvement District
(hereinafter referred to as the "District") and the levy of annual assessments connected
therewith; and
WHEREAS, on June 14, 2011, 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 collection, and all appurtenant facilities and operations related thereto for
a five year period beginning July 1, 2011, and ending June 30, 2016 pursuant to the
Code; and
WHEREAS, upon conclusion of the public hearing of June 14, 2011, the City
Council tabulated the property owner assessment protest ballots retumed and by
resolution confirmed that majority 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
District boundary; the improvements and activities to be provided; the estimated costs
RESOLUTION NO. 2043- 42
and method of assessment; the amount of any surplus or deficit; and contributions from
other sources; and
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 2013/2014 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 !II Property and
Business Improvement Assessment District, Fiscal Year 2013/2014"; and
WHEREAS, the City Council has carefully examined and reviewed the Report as
presented, 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.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY
COUNCtL 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 aH properties benefiting
from the improvements and services.
B. A Description of lmprovements 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
Office of the City Cierk as a permanent record and to remain open to public inspection.
2
RESOLUTION NO. 2013- 42
Section 4: 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.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the day of ,
2013, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAN C. HARNIK, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
3
RESOLUTION NO. 2013- 43
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
2013/2014
The City Council of the City of Palm Desert, California (hereinafter referred to as the
"City Council") hereby finds, determines, resolves and orders as follows:
WHEREAS, on July 14, 2011, the City Council called and duly held a public
hearing and property owner protest ballot proceedings for the President's Plaza III
Property and Business Improvement Assessment District (hereinafter referred to as the
"District") 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 California (hereafter
referred to as the "Code") and the California Constitution Article 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 a five year period beginning
July 1, 2011, and ending June 30, 2016, 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 July 14, 2011, 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
form the District, approve a Management District Plan in connection with the formation of
the District, and appoint 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 2013/2014, has prepared a Report in connection with
the District for Fiscal Year 2013/2014, 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 2013/2014;" and
RESOLUTiON N�. 2013- 43
WHEREAS, The City Council has carefuily examined and reviewed the Report as
presented, and by previous resolution has approved said Report.
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 2013/2014 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 specia( benefits from
the operation, maintenance, and servicing of the improvements and
appurtenant facilities (ocated within the boundaries of the District.
B. District includes all of the lands so benefited.
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, 2013, and ending June 30, 2014, is apportioned by a formuia
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 levy
and collection of annual assessments to pay for those improvements to be presented to
the County Auditor/Controller of Riverside for Fiscal Year 2013/2014. 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
2
RESOLUTION NO. 2013- 43
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 Assessment District, and such money shall be
expended only for the improvements described in the Management District Plan.
Section 7 The adoption of this Resolution constitutes the District lery for the Fiscal
Year commencing July 1, 2013, and ending June 30, 2014.
Section 8 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 by the City Council of the City of Palm
Desert, California, at its regular meeting held on the day of ,
2013, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAN C. HARNIK, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
3
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Financial Services
Table 1: Direct Cost Proposed Assessment and Rate
Proposed Direct
Costs for
FY 2013/2014
Proposed Rate (per
Square Foot) for FY
2013/2014
Third Fiscal Year Maximum
$ 25,089
0.0554
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
under thirty percent (29.56%) of the annual Total Direct Costs of the District.
Similar to the method of apportionment for Total Direct Costs, the District's
indirect costs are apportioned to each parcel based on each parcel's lot size in
square feet. The rate provided in Table 2 is for Fiscal Year 2013/2014 onlv.
Please refer to the District Budaet (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 Rate
Proposed Indirect (per Square Foot)
Costs for for
FY 2013/2014 FY 2013/2014
Third Fiscal Year Maximum
$ 13,574
$ 0.0300
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
Fiscal Year 2013/2014 The rate provided in Table 3 is for Fiscal Year 2013/2014
only. Please refer to the District Budget (Table 41 for future assessment rates.
2013/2014 President's Plaza III Property and Business Improvement District Page 8
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Financial Services
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
Flfth Fiscal Year
Proposed Direct
Costs for
FY 2013/2014
Proposed Rate
(per Square Foot)
for
FY 2013/2014
Direct Costs Maximum
Indirect Costs
Total Costs Maximum
$ 25,089
$ 13,574
$ 38,664
$ 0.0554
$ 0.0300
$ 0.0852
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.
2013/2014 President's Plaza III Property and Business improvement District Page 9
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Financial Services
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 (Administration/Reserves)
District Administration: The cost to all departments and staff of the City, for
providing the coordination of District services, operations and maintenance of the
District, response to public concerns and education, and procedures associated
with the levy and collection of assessments. This cost also includes contracting
with professionals to provide additional administrative, legal, or engineering
services specific to the District.
2013/2014 President's Plaza III Property and Business Improvement District Page 10
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Financial Services
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.
Operating Reserve Fund Collection: The Operating Reserve Fund provides for
collection of funds to operate the District, for each fiscal year, from the time
period of July 1 through January when the County provides the City with the first
installment of assessments collected from the property tax bills. The Operating
Reserve Fund eliminates the need for the City to transfer funds from non -District
accounts to pay for District charges during the first half of FY 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 Operating Reserve Fund Collection amount is slightly less than four
percent (3.99%) of the annual Total Direct Costs of the District in Fiscal Year
2013/2014.
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.
2013/2014 President's Plaza III Property and Business Improvement District Page 11
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Financial Services
Total Parcels Square Footage: This is the sum total of the assessed parcels'
square footage applied to each assessed parcel within the District.
Levy Rate per Direct Costs per Square Foot: This amount represents the Rate
for Direct Costs being applied to each assessed parcel's individual lot square
footage. The Levy Rate per Direct Costs is the result of dividing the estimated
Total Direct Costs for that year by the sum of the District's Total Parcels Square
Footage. The rate is calculated to four decimal places.
Levy Rate per Indirect Costs per Square Foot: This amount represents the
Rate for Indirect Costs being applied to each assessed parcel's individual lot
square footage. The Levy Rate per Indirect Costs is the result of dividing the
estimated Total Indirect Costs for that year by the sum of the District's Total
Parcels Square Footage. The rate is calculated to four decimal places.
Total Levy Rate per Square Foot: This amount represents the Rate being
applied to each assessed parcel's individual lot square footage. The Levy Rate
per Square Foot is the result of dividing the estimated Total District Costs for that
year by the sum of the District's Total Parcel Square Footage. The rate is
calculated to four decimal places.
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 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.
2013/2014 President's Plaza III Property and Business Improvement District Page 12
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Financial Services
Table 4: Five Year Budget
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Budget Item
Actual
Proposed
Assessment
FY 2013-2014 ilt
Maximum Proposed Assessment for Fiscal Years
2011-2012 2012-2013 2013-2014 2014-2015 2015-2016
Direct Costs
Sweeping Services
Landscape Contract Maintenance
Lighting Repair & Maintenance
Landscape Repair & Maintenance
Landscape Utilities - Water
Street Lighting Utilities - Electric
Landscape Utilities - Electric
Subtotal Direct Costs
Indirect Costs
District Administration
County Administration Fee
County Per Parcel Fee
Operating Reserve Fund Collection
Parking Lot Maintenance Fund Collection
Insurance
Subtotal Indirect Costs
Lew Breakdown
Total District Costs
Balance to Levy
District Statistics
Total Parcels
Total Parcels To Levy
Total Parcels Square Footage
Levy Rate per Direct Costs per Sq Ft
Levy Rate per Indirect Costs per Sq Ft
Total Levy Rate per Square Foot
Operating Reserve Fund Balance
Previous Balance
Ending Balance
Parking Lot Maintenance Fund Balance
Previous Balance
Ending Balance
$ 4,919
5,534
1,476
4,305
2,460
5,780
615
$ 25,089
4,305
215
10
1,000
6,200
1,845
13,574
38,664
38,664
16
16
453,956
$ 0.0554
$ 0.0300
$ 0.0852
$ 4,637
5,217
1,391
4,057
2,319
5,449
580
$ 23,649
$ 4,057
203
9
1,030
6,386
1,739
$ 13,425
$ 4,776
5,373
1,433
4,179
2,388
5,612
597
$ 24,359
$ 4,179
209
10
1,000
6,200
1,791
$ 13,389
$ 4,919 $ 5,067 $ 5,219
5,534 5,700 5,871
1,476 1,520 1,566
4,305 4,434 4,567
2,460 2,534 2,610
5,780 5,954 6,132
615 633 652
$ 25,089 $ 25,842 $ 26,617
$ 4,305 $ 4,434 $ 4,567
215 222 228
10 10 10
1,000 1,000 1,000
6,200 6,200 6,200
1,845 1,900 1,957
$ 13,574 $ 13,766 $ 13,963
37,074 37,747 38,664 39,608 40,580
$ 37,074 $ 37,747 $ 38,664 $ 39,608 $ 40,580
16
16
453,956
$ 0.0522
$ 0.0296
$ 0.0818
16
16
453,956
$ 0.0538
$ 0.0296
$ 0.0832
16 16 16
16 16 16
453,956 453,956 453,956
$ 0.0554 $ 0.0570 $ 0.0588
$ 0.0300 $ 0.0304 $ 0.0308
$ 0.0852 $ 0.0874 $ 0.0894
2,030 1,030 2,030 3,030 4,030
3,030 1,030 2,030 3.030 4,030 5,030
12,586 6,386 12,586 18,786 24,986
18,786 6,386 12,586 18,786 24,986 31,186
Maximum annual assessments for direct costs, district and county administration, and insurance are adjusted by 3% from the previous Fiscal
Year for Fiscal Years 2012-2013 through 2015-2016. The PBID Advisory Board w ill determine the amount of any actual increase for those
years which may not exceed 3% per year.
(1) FY 2013-2014 Actual and Maximum Proposed Assessments are the same.
Sources: City of Palm Desert; Wlldan Financial Services
2013/2014 President's Plaza III Property and Business Improvement District Page 13
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Financial Services
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.
2013/2014 President's Plaza III Property and Business Improvement District Page 14
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Financial Services
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.
2013/2014 President's Plaza HI Property and Business Improvement District Page 15
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President's Plaza III Property and Business Improvement District
27368 Via Industria
Suite 110
Temecula, CA 92590
T 951 587 3500 800.755.6864
F 951.587.3510
www.willdan.com/financial
City of Palm Desert
President's Plaza III Property and
Business Improvement District
2013/2014 ENGINEER'S ANNUAL LEVY REPORT
Public Hearing: June 27, 2013
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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 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) 10
Levy Breakdown 11
District Statistics 11
District Budget 12
APPENDIX A —ASSESSMENT DIAGRAM 14
APPENDIX B —ASSESSMENT ROLL 15
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Overview
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Introduction
The City of Palm Desert ("City") formed and established the President's Plaza III
Property and Business Improvement Assessment District ("District") beginning in
Fiscal Year 2001/2002 to provide improvements and activities that confer special
benefits upon real property within the boundaries of the District. The District was
established and levied pursuant to Property and Business Improvement District
Law of 1994, Part 7 of Division 18 of the California Streets and Highways Code
("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 14th, 2011 the City authorized the funding for improvements and activities
authorized within the District for a period of five years (Fiscal Years 2011/2012
through 2015/2016).
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
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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 Tess than forty-five (45) days and not more than ninety (90) days of
adopting the resolution of intention, the City Council held a public hearing on the
matter of formation, and caused notice to the property owners pursuant to
Section 54954.6 of the Government Code. Public notices and assessment ballots
(property owner protest ballots) were mailed to each property owner at least 45
days prior to the public hearing pursuant to Article XIIID of the California
Constitution.
At the public hearing the City Council provided the public and property owners
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 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.
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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 — 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 III Property and Business Improvement District was formed in
2001 to provide and ensure the continued operation and maintenance of the
improvements after the renovations had been completed. In 2006, the property
owners renewed the District for another five (5) year term. In 2010, the property
owners renewed the District for another five (5) year term; therefore, the
assessments generated will continue this maintenance. In December 2010, 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;
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• 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 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;
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4. Improved traffic circulation;
5. A positive representation of the businesses within the District;
6. Centralized locations for refuse collection facilities; and,
7. The special enhancement to the value of property, which results from
the above benefits.
Parking lot sweeping is an essential and necessary activity for all properties —
particularly commercial properties. This improvement is funded through the
assessments solely for the special benefit of properties within the District. The
benefits associated with this service are:
1. Enhanced aesthetic appeal of the parking area and the properties that
are associated with the parking area;
2. Improved dust control;
3. The special enhancement to the value of property, which results from
the above benefits.
The on -going operation and maintenance of the landscaping, lighting and
sweeping improvements provide no measurable general benefit to other
properties outside the District or to the public at large. Therefore, these
improvements and the corresponding assessments have been identified as
100% special benefit to parcels within the District.
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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 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 provided in Table 1 is for Fiscal Year 2013/2014
only. Please refer to the District Budaet (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
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