HomeMy WebLinkAbout14. Adopt Resolution of Intention to Establish Downey Community Benefit DistrictAPPROVED BY
TO: MAYOR ASHTON AND MEMBERS OF THE CITY COUNCIL CITY MANAGER
FROM: OFFICE OF THE CITY MANAGER
BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOP EN
DATE: MAY 22, 2018
SUBJECT: RESOLUTION OF INTENTION TO ESTABLISH THE DOWNEY COMMUNITY
BENEFIT DISTRICT
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It is recommended the City Council take the following actions related to the proposed Downey
Community Benefit District:
1. Receive and file the Downey Community Benefit District petition results; and
2. That the City Council adopt:
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As referenced in the Downtown Specific Plan Implementation Recommendations, the City has
pursued a goal to create and formalize an Improvement District to facilitate improvement of the
appearance and overall health of Downtown. With the rapid growth of Downtown Downey, staff has
found an increase in the demand for certain services downtown, including street sweeping, steam
cleaning, security, public art, etc. While the City currently provides regular general services to the
downtown area, it is essential that alternative sources be studied to provide continued funding for
special services the downtown requires to maintain its vitality.
Since the adoption of the California Property Business Improvement District Legislation of 1994,
which enables localities to establish Community Benefit Districts (CBDs), CBDs have been embraced
as critical tools to expedite revitalization of downtown areas and have been successfully adopted
throughout the State of California.
The concept is to provide the downtown property owners with finances to better control and fund
special events, marketing, promotional activities, public space development, security, beautification,
i 1 i �' � , • i � � ■,
THE COMMUNITY DISTRICT
MAY 22, 2018
property enhancements, and a property owner led governance body for the administration of the
services. All of the proposed services and improvements benefit the property owners located in the
downtown district. 1f approved, the CBD would raise $253,589 annually for the downtown.
Consequently, many cities have adopted districts allowing motivated property owners to pay
assessments to fund CBDs. These special benefit assessments are the most efficient and effective
funds to be paid, since they must stay in the CBD and are managed by a locally based non-profit
corporation made up of those being assessed. In order for downtown property owners to form a CBD,
the City Council must adopt an enabling ordinance, which occurred at the October 13, 2015 City
Council meeting, approve this Resolution of Intention, then collect and tally the vote of the property
owners within the district.
The City's CBD consultant, New City America, and City staff have been conducting outreach and
working with the downtown property owners to determine the feasibility of forming a property
assessment district. Staff have mailed various correspondence soliciting feedback from the downtown
property owners, spoken with them and formed a Steering Committee of interested property owners
to discuss the feasibility of forming a property assessment district. The Steering Committee has met
numerous times since 2015, and discussed the proposed district boundaries, costs, functions and
budget categories. The City Council Downtown Subcommittee has also received numerous updates
on this topic.
DISCUSSION
The next step in proceeding with the establishment of a CBD is approval of this Resolution of
Intention to form the downtown CBD. The Resolution acknowledges that the threshold of 30% of the
proposed assessed properties within the CBD have submitted signed petitions and the Management
District Plan has been completed. if approved by the City Council, the Resolution of Intention initiates
the Proposition 218 balloting process. Ballots will be mailed to each property owner and votes cast
are returned to the City Clerk. The ballots will be tabulated at a public hearing scheduled for July 24,
2018. At the future City Council public hearing, City Council will consider all support or objections to
the proposed establishment of the District and the proposed assessments. At the conclusion of the
public testimony portion of the public hearing, the City Clerk shall open and tabulate all ballots
received. Results of the ballot procedure will be announced, and provided a weighted majority in
opposition to the District establishment does not occur, the City Council may then establish the
District by adopting a resolution to that effect.
The balloting process defined by State Proposition 218, establishes mandatory timeframes between
the date of the petition's submittal and the actual voting, to allow sufficient time for every property
owner to return their ballots to the City Clerk. To be effective in fiscal year 2018-19, the process must
be completed before the County Assessor's deadline in early August. The ballots will be finalized and
mailed after the adoption of thisResolutionof Intention.
The proposed downtown CBD is restricted to the area delineated on the downtown CBD map as
depicted on Attachment "D". It is not a city-wide assessment, will not impact properties outside of the
downtown CBD, and the voting for the downtown CBD is restricted to those property owners within its
district.
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RESULI[T[Un-OIF-trITEi,lTfUn—tU-EBTA19LTSA
THE COMMUNITY BENEFIT DISTRICT
MAY 22, 2018
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There is no cost associated with approving the Resolution of Intention to form the Downey
Community Benefit District.
Attachments: "A" — Resolution of Intention to form the Downey Community Benefit District
Downey Community Benefit District Management District Plan
Community Benefit District Map
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WHEREAS, the Downey Community Benefit District Procedural Ordinance, (the "Law")
authorizes the City to establish, fora period not to exceed twenty (20) years, with the option of a
renewed term not to exceed 20 additional years, Community Benefit Districts (CBD) to promote
the economic revitalization and physical maintenance of mixed use and business districts in
Downey; and
WHEREAS, the Law authorizes the City to levy and collect assessments on "real
property within such districts for the purpose of providing improvements and promoting activities
that specially benefit real property within such districts; and
WHEREAS, Articles XIIIC and XIIID of the California Constitution and
Section 53753 of the California Government Code impose certain procedural and substantive
requirements relating to the levy of new or increased assessments; and
WHEREAS, written petitions have been submitted by district property owners allowing
the City Council to initiate proceedings, pursuant to the Law, to establish the District for a 20
year term, with the option of a renewed term not to exceed 20 additional years; and
WHEREAS, such petitions were signed by property owners in the proposed district who
will pay more than thirty percent (30%) of the assessments proposed to be levied; and
WHEREAS, no real properties deriving special benefit within the proposed CBD will be
exempted from payment into the District; and
WHEREAS, a Management District Plan entitled the "Downtown Downey CBD
Management District Plan" (the "Management District Plan") has been prepared and submitted
to the City Clerk, containing all of the information required by Section 36622 of the California
Streets and Highway Code, Streets and Highways Code Section 36600, et seq., and the local
Law, including a description of the boundaries of the District, theimprovementsand activities
proposed for the District, and the cost of such improvements and activities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. All the recitals above are true and correct and are incorporated by reference
herein.
Section 2. Pursuant to the local Law and Section 36621(a) of the California Streets and
Highways Code, the City Council declares its intention to establish the Downey Community
Benefit District and to levy and collect assessments against lots and parcels of real property
Attachment
within the District commencing with fiscal year 2018-19, and for a term of 20 years, with the
option of a renewed term not to exceed 20 additional years.
Section 3. The City Council hereby approves the Management District Plan, on file in
the office of the City Clerk.
Section 4. The City Clerk shall make the Management District Plan and the Assessment
Engineer's report and other documents related to the District available to the public for review
during normal business hours.
Section 5. NOTICE 1S HEREBY GIVEN that the City Council shall conduct an
assessment ballot proceeding and a public hearing on the establishment of the District and the
levy and collection of assessments for fiscal year 2018-19 on July 24th 2018 at 6:30 p.m., or as
soon thereafter as the matter may be heard, in the City Council Chambers located at 11111
Brookshire Avenue Downey, CA 90241.
At the public hearing, the City Council will consider all objections or protests, if any, to
the proposed establishment of the District and the proposed assessment. Any interested person
may present written or oral testimony at the public hearing.
At the conclusion of the public testimony portion of the public hearing, the City Clerk
shall open and tabulate all ballots received from the property owners of the proposed District
and not withdrawn at that time. Results of the ballot procedure will be announced, and, provided
a weighted majority in opposition to the District establishment does not occur, the City Council
may then establish the District by adopting a resolution to that effect.
Section 6. The boundaries of the proposed District generally include all properties listed
within the boundaries of the map on file in the Management District Plan filed in the City Clerk's
office.
Section 7. The proposed activities for the District may include special events, private
security, beautification, marketing, promotional activities, public space development,
enhancement for property owners, street sweeping, steam cleaning, public ark and
administration of the services. All proposed services and improvements benefit real property
owners located in the District.
Section 8. The assessment proposed to be levied and collected for fiscal year 2018-19
is $253,589. The amount to be levied and collected for subsequent years may be increased, by
an amount not to exceed five percent (5%) per year.
Section 9. The City Clerk is hereby authorized and directed to mail ballots to property
owners in the proposed District and give notice of the public hearing as provided in Section
53753 of the Government Code and Article XI I I D, Section 4 of the California Constitution.
Section 10. 1f approved, and as provided in the Engineer's Report, the City may
recover its costs associated with the formation of the Downey CBD.
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Section 11. If approved and as provided in the local Law, the City at its sole discretion
may advance General Funds to the newly formed Downey CBD prior to the City's receipt of
Assessment revenue, to be repaid in less than five years by funds from the Assessment in an
amount not to exceed one -year's projection of assessment revenue along with interest
calculated at the prime rate at the time of the disbursement of City loan to the Downey CBD.
Section 12. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 22nd day of May, 2018.
SEAN ASHTON, Mayor
MARIA ALICIA DUARTE, CMC
City Clerk
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a Regular Meeting held on the 22nd day of May, 2018, by the following
vote, to wit:
AYES:
Council Members:
NOES:
Council Member:
ABSENT:
Council Member:
ABSTAIN:
Council Member:
MARIA ALICIA DUARTE, CMC
City Clerk
NCW [ITV
The Downtown Downey
COrnrhuhity BOhefit District ifti
Mahapment District Plan
New City America, Inc.
and
WOULL-IM&LUAL LLUGIS
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San Francisco Bay Area Office a 954 Lee Avenue,a San Leandro, CA 94577 r 888-356-2726
New England Office: 42 Pearl Street, M New Bedford, MA it 02740
mail@newcityamerica.com 1, www.newcityamerica.com b Facebook: New City America, Inc.
Downtown Downey
Community Benefit District (CBD)
Management District Plan
Table of Contents
Section Number
1. Management District Plan Summary 3
2. Downtown Downey CBD Boundaries 11
3. District Improvement and Activity Plan 14
4. Assessment Methodology 20
5. District Rules, Regulations and Governance 32
6. Implementation Timetable
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Management District Plan Summary
The name of this Community Benefit District is the Downtown Downey Community Benefit
District (the "CBD"). The District is formed under Article 2, Chapter 14 of the Downey Municipal
Code (entitled "Community Benefit Districts" and hereinafter referred to asthe "Ordinance") and
section 400 of the Downey City Charter.
The proposed Downtown Downey CBD serves to improve the individual parcels, attract new
customers to their businesses, increase sales, increase occupancies and enhance the benefitting
individual parcels within the CBD. The proposed CBD seeks to fund the special benefits that will
be provided over the next fifteen years, based upon keeping the greater Downtown Downey area
clean, safe, orderly, attractive, well marketed with special events and programs, and increase
commerce within the boundaries.
Since the summer of 2015, a Downtown Downey group consisting of property owners has worked
to gauge support within the community for a new Special Benefit District for both the Downtown
Downey property owners and business community. The City of Downey has hired New City
America specializing in Special Benefit District formation and management throughout the
Country - to work with the property owners to investigate the viability of a Community Benefit
District (CBD) in Downtown.
Following meetings conducted last summer, the newly -formed Downtown Downey CBD Steering
Committee approved and mailed out a survey to Downtown property owners, informing them
that once New City America had received a reasonable number of responses, updates would be
sent out regarding the survey results. This newsletter outlines the continuation of a series of
communication pertaining to the proposed Downtown Downey Community Benefit District
(CBD).
Changes in Downtown Downey
In 2011, the State Legislature dismantled 408 redevelopment agencies, redirecting the flow of
funds back to the counties, and school districts; rather than reinvesting back into cities. The
California League of Cities filed a lawsuit to stop this elimination, resulting in a 2012 California
Supreme Court ruling ceasing the operations of all redevelopment agencies by February 2013.
Consequently, the method of financing used previously by the City of Downey to fund Downtown
improvements no longer existed. In the past, the opportunity to fund pedestrian lighting, new
sidewalks, and public improvements in Downtown Downey has typically been through this
redevelopment tax -increment financing.
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How do property owners make sure that...
1. Downtown's brand will become positive?
2. Greater demand will be placed on the buildings resulting in greater rental rates?
3. Commerce will increase for retailers?
4. Public rights of way will become more orderly and attractive?
Downtown Downey has many things going for it, in part to the City Council's investment in the
following projects, programs, and activities over the past few years:
Caitl lrnprovements
• Invested $6.7million for Firestone Blvd. street and streetscape improvements.
• Invested $4.6 million to support the Downey View apartments; the first new residential
units in Downtown in years.
• Funded over $600,000 to improve Downtown Downey roadway lighting (upgrading the
decorative lights to LED, remove and replace 30 feet cobra head lights with decorative
lighting, repainting light poles as necessary, etc...) on Downey Ave. from Firestone Blvd.,
to 5th Street.
Additional operational annual costs:
• Allocated over $100,000 annually for private security services related to the public
parking structure and immediate surrounding area.
• Provided tens of thousands of dollars in annual maintenance costs (including but not
limited to: sidewalks and seat -wall cleaning, tree trimming, median landscape
maintenance, parking structure and other public parking maintenance, and roadway
lighting— not done elsewhere in the City).
• Funded sidewalk and hardscape/pavers and seat benches, pressure washing/steam
cleaning - $66,000.
Funded parking structure maintenance and operations - $64,000.
Funded $7,000 for Downtown tree trimming (on a two year cycle).
Funded the cost for electricity and lighting in Downtown of roughly $10,000 per year.
Additional activities and program costs include:
• Underwriting $36,000 for rooftop events in Downtown.
• Underwriting up to $55,000 for the Downtown International Food Festival
• Underwriting $70,000 for holiday and seasonal decor (banners, lighting, signage)
annually.
Underwriting the Annual Rock and Ride Events for $25,000 per year.
The general services listed above are NOT provided City wide; rather exclusively to Downtown
business and property owners. In that sense, they can be considered "enhanced general
benefit" that are dependent upon year-to-year budgeting by the City Manager and City
Council The proposed Downtown Downey CBD will provide "special benefits", thereby
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enhancing rent and attracting new capital investment, in turn improving the visiting, retail, and
business experience.
Boundaries:
The proposed Downtown Downey CBD consists of approximately 10 to 12 square blocks
consisting of 90 parcels and 59 property owners. See the Downtown Downey proposed CBD map
in Section 2, pages 11- 13. The District is generally bounded by:
• On the south by the parcels along the north side of Burns Avenue
• On the west, parcels on the west side of La Reina Avenue, including parcel 6254 002 023.
• On the east, the parcels on the west side of Brookshire Avenue and
• On the north, the parcels on the north side of 3rd Street, including the two full blocks
bounded by 3rd Street/New Street/4th Streetandthe parcels fronting the east side of
Downey Avenue between 3rd and 4th Street, excluding the undeveloped parcels east of
US Bank, but including City Hall.
Bud et«
The total first year Downtown Downey CBD budget based upon assessable individual parcel
owners for FY 17/18, will be $ 253,589.00, and the budget will increase by 5% annually. Please
see Section 3 for a breakdown of the categories of special benefit services.
Irn rovements Activities and Services of the Downtown Downe CBD Plan:
There are five basic categories of special benefit services that will be funded by Downtown
Downey CBD. All of these services will confer a special benefit to the individual parcels within
the Downtown Downey CBD. The categories of special benefits are as follows:
1. Sidewalk Operations, Beautification and Order: This includes all sidewalk and gutter
cleaning services, sidewalk steam cleaning services, graffiti removal, trash removal, as
well as enhanced services to beautify the district. Sidewalk operations services totals
$ 130,000 or 51% of the first year annual budget of the new CBD.
2. District Identity: These services include the branding of the Downtown Downey area,
marketing and promotions, newsletter, public relations, media relations, social media,
publicity, special events, website development and maintenance, public space
development and holiday decorations. These services equal $ 60,000 or 24% of the first
year annual budget of the new district.
3. Enhanced Residential Improvements: Though there are currently not any single
residential units in the form of residential condos within the boundaries of the district,
future condo developments that will be constructed within the CBD boundaries will be
assessed to fund their particular special benefits. Thesespecialbenefit services will
include, but are not limited to: enhanced beautification in blocks with a high density of
condos, public space development, implementation of pet related services and
administrative costs. These assessments will be allocated based on the percentage that
the costs for the enhances residential improvements form of the overall budget.
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4. Program Management and Corporate Operations: These services equal $53,000 or 21%
of the first year annual budget of the new district.
5. Contingency/Reserve. This contingency anticipates a "historic" non-payment rate
percentage of 2 to 4%, and any City or County collection fees. This fund equals $10,589
or 4% of the first year annual budget of the new district.
Category of Services Annual Allocation - % of budget
Sidewalk Operations (curb to property line services) $130,000
—51%
District Identity District Promotion $ 60,000 — 24%
Program Management/Corporate operations $ 53,000 — 21%
Contingency $ 10,589-4%
Total Annual Revenue $ 253,589.00
Method of Finaqclnew
The financing of the Downtown Downey CBD is based upon the levy of special assessments
upon real property that receive special benefits from the improvements and activities. See
Section 4 for assessment methodology and compliance with Proposition 218. There will be
four factors used in the determination of proportional benefit to the parcels in the CBD.
Those four factors are:
• Linear frontage
• Lot size or the footprint of the parcel
• Building square footage (excluding parking structures built within the building that
predominantly serve the tenants of the building and are not open to the public) and
• Future residential condos that will be constructed within the District.
The following data constitutes the basis for the property assessments that will fund special
benefit services in the proposed CBD:
Building square footage: 1,156,783 sq. feet
Lot size: 2,073,549 square feet
Linear Frontage: 16,130 linear feet
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Each property variable will fund a different"bucket of special benefit services" in the district.
Each variable, multiplied by the proposed annual cost yields
the following:
Property Variable
Annual Cost
Total assessment by variable
Building square footage
$0.050608 per square foot per
$ 58,542.00
year (Benefit Zone 1 only)
Lot square footage
$0.030540 per square foot per
$ 63,326.00'
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year (Benefit Zone 1 only)
$8.166254 per linear foot
Linearfrontage
$ 131,720.00
(Both Benefit Zones)
Residential condos
$0.20 per square foot
0
Total Annual Revenue
$ 253,589.00
Costs:
Annual assessments are based upon an allocation of program costs by assessable linear
frontage, assessable on all sides of the parcels that receive benefit; PLUS lot or parcel square
footage; PLUS assessable building square footage, and in the case of residential condos, by
building square footage.
Future residential condo owners will be assessed differently since they are, in essence,
acquiring air rights with the purchase of their residential condos and linear frontage and lot
size will not be relevant to their parcels. This alternate assessment methodology is created to
respond to their special needs of homeowners within this growing Downtown district. All four
property variables will be used in the calculation of the annual assessment.
Residential Condos: There are currently not any residential condos within the boundaries of
the proposed Downtown Downey CBD. However, when they are
constructed, these future units will be assessed at the rate of $0.20 per
square foot for their verifiable building square footage per parcel.
Benefit Zones:
State law and the State constitution, Article XIIID'require that special assessments be levied
according to the special benefit each individual parcel receives. There are two proposed
benefit zones under this plan.
Benefit Zone 1: All commercial parcels, including City and non=profit owned parcels in the
proposed CBD;
Benefit Zone 2: Parcels owned by the First Baptist Church of Downey will be assessed for
linear frontage, since that is the special benefit service (Sidewalk operations) that it will
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receive. Lot size and building square footage property assessment will not be paid by Benefit
Zone 2 parcels since those property assessments fund marketing and promotion, social media
and district identity, and administration and it has been determined that those parcels will not
derive benefit from these special benefit services.
Cap:
The CBD budget and assessments may be subject to annual increases not to exceed 5% (five per
cent) per year. Increases will be determined by the Owners' Association/District Management
Corporation and will vary between 0% and 5% annually. Changes in land use, development of
empty parcels, conversion of tax exempt to profitable land uses, demolition of existing buildings,
and creation of new parcels through new building or residential condo development may alter
the budget from year to year based upon the changes in the building square footage of an
individual parcels. Since linear frontage and lot size normally are not altered in the
redevelopment of a site, the only changes realized in the CBD will be through the building square
footage. In addition, changes in the budget may occur due to the conversion of single parcels to
multiple parcels due to the construction of residential or commercial condos.
Bonds•
The District will not issue any bonds related to any program.
District Formation:
Under the local enabling ordinance, the District formation and modification requires a
submission of petitions from property owners- representing more than -30% of the total
assessments.
Once the City verifies the petitions totaling a minimum of 30% of $ 253,589.00 (or $ 76,077.00)
in assessment contribution to the District, the Downey City Council may adopt a Resolution of
Intention to mail out ballots to all affected property owners. The City will then hold a public
hearing and tabulate the mail ballots. The Downtown Downey CBD will be formed if the weighted
majority of all returned mail ballots support the District formation and if the City Council adopts
a resolution of formation to levy the assessments on the benefiting parcels. At this point, the
date for that public hearing has not been scheduled.
Disestablishment:
Streets and Highways Code Section 36670 provides for ;the disestablishment of a District.
Provisions for annual disestablishment of the CBD are provided for in the local Downey CBD
ordinance. Property owners dissatisfied with the results, management or quality of the services
may petition the City Council to disestablish the CBD, in the same method in which they
petitioned the City Council to establish the District.
Section 36670 states:
(b) The city council shall adopt a resolution of intention to disestoblish the district prior to the
public hearing required by this section. The resolution shall state the reason for the
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disestablishment, shall state the time and place of the public hearing, and shall contain a
proposal to dispose of any assets acquired with the revenues of the assessments levied within
the property and business improvement district. The notice of the hearing on
disestablishment required by this section shall be given by mail to the property owner of each
parcel or to the owner of each business subject to assessment in the district, as appropriate.
The city shall conduct the public hearing not less than 30 days after mailing the notice to the
property or business owners. The public hearing shall be held not more than 60 days after the
adaption of the resolution of intention."
Unexpended surplusfundswill be returned to property owners based upon each parcel's
percentage contribution to the previous fiscal year's assessments if the District isnot renewed.
Time and Manner for Collectin Assessments.
The Downtown Downey CBD assessments will appear as a separate line item on annual property
tax bills prepared by the County of Los Angeles. The assessments shall be collected at the same
time and in the same manner asforthe ad valorem property tax paid totheCounty of Los
Angeles. These assessments shall provide for the same lien priority and penalties for delinquent
payment as is provided for the ad valorem property tax.
Any delinquent assessments owed for the first year will be added to the property tax roll for the
following year together with any applicable interest and penalties. The "property owner" means
any person shown as the owner/taxpayer on the last equalized assessment roll or otherwise
known to be the owner/taxpayer by the City.
During the first year of operation, the City may elect to manually bill the property owners so the
services can commence in early 2018. Thereafter, commencing in the Fall of 2018, the CBD
assessments will appear on the County Property Tax billings.
Government Assessments:
The Downtown Downey CBD Management Plan assumes that the City of Downey and the
Downey Successor Agency will pay assessments for the public property they own within the
boundaries of the District. Article XIII D, Section 4 of the California Constitution was added in
November of 1996 to provide that public agencies such as the City and Successor Agency shall
not be exempt from the assessments.
Parcels owned by the City of Downey and identified below shall receive benefits, commensurate
with the assessments paid into the Downtown Downey CBD. These publicly owned parcels are
presumed to benefit equally to the privately owned parcels for all of the special benefit services
outlined in this Management District Plan.
Duration:
The Downtown Downey CBD shall have a fifteen -year term which shall commence on December
11t, 2017 and expire on November 30th, 2032, with operations winding down by November 30th,
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2032, unless the district is renewed by the CBD property owners through anew assessment ballot
proceeding.
Governance:
Pursuant to the City of Downey Community Benefit District Ordinance and Section 36650 of the
California Streets and Highway Code, a District Management Corporation or Owners' Association,
will review District budgets and policies annually within the limitations of the Management
District Plan. The Management Corporation will file Annual Reports with the City of Downey
(City) and will oversee the day-to-day implementation of services as defined in the Management
District Plan. Section 36612 states:
The "Owners' association" means a private nonprofit entity that is under contract with a
city to administer or implement activities and improvements specified in the management
district plan. An owners' association may be an existing nonprofit entity or a newly formed
nonprofit entity. An owners' association is a private entity and may not be considered a
public entity for any purpose, nor may its board members or staff be considered to be
public officials for any purpose."
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Boundaries. The following text will define the boundaries of the Downtown Downey CBD:,
Northern boundar Beginning at parcel 6254 016 912 (City Hall), head westward on 3rd
Street running in a line down the middle of the street including all of the southern parcels
until parcel 6254 018024 at the northeast corner of the intersection of 3rd Street and
Downey Avenue. Proceed northeasterly up Downey Avenue to include the parcels on
both sides of the street up to the south side of 4t" Street. Proceed westward to New
Street, run southward to include the parcels fronting 3rd Street including parcels 6254 007
013, 6254 007 004, and parcel 6254 004 028 at the northwest corner of the intersection
of La Reina Avenue and 3rd Street.
Southern boygl ter : Beginning at parcel 6255002 023 at the northwestern corner of the
intersection of Burns Avenue and Brookshire Avenue, proceed westward including all of
the parcels fronting on the north side of Burns Avenue including parcel 6255 003 900, (the
City parking lot) at the intersection of La Reina Avenue and Burns Avenue.
Eastern boundary: Beginning at parcel 6255 002 023 at the northwestern corner of the
intersection of Burns Avenue and Brookshire Avenue, proceed northward including all of
the parcels on the west side of Brookshire up to City Hall, parcel number 6254 -16 912.
Western boundar • Beginning at the parcel 6255 003 900, (the City parking lot) at the
intersection of La Reina Avenue and Burns Avenue, proceed northward including the
parcels on both sides of the street fronting on La Reina Avenue up to the parcel 6254 004
028 at the northwestern corner of the intersection of La Reina Avenue and 3 d Street. The
western boundary will also include parcel 6254 002 023 which is found to the west of
parcel 6254 002 024.
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Process to Establish the Improvement and Activity Plan/Outreach Efforts:
Since the Fall of 2014, business and property owners in Downtown Downey have met first in
small settings, and then in a larger Steering Committee format, to discuss the advantages of
creating this Downtown Downey special benefits district. An initial survey was sent to every
property owner in the proposed CBD area in the Fall of 2014 to ascertain their level of conceptual
support for the establishment of this assessment district and obtain information regarding the
type of enhanced services they were interested in receiving. The survey information was
instrumental in determining the services to be delivered by the CBD. A follow up survey was sent
out in early 2015 to ensure that every property owner had an opportunity to respond.
Survey results;
Special benefit services are those that are over and above the services currently being provided
by the City general fund. The results of that survey prompted the Steering Committee to assemble
a presentation for the property owners.
Sinceallpropertieswould be included in the proposed Downtown Downey CBD, the basis for
support was reviewed by parcel linear frontage, lot square footage, and building square
footage. These figuresareused because they are what each property hasincommon. In
California, one cannot use assessed valuation to determine support since assessed valuation of a
property is: 1) based upon when someone bought the property, not upon its actual market value,
and 2) not relevant to public parcels, which don't have an assessed valuation per se, but which
will also be assessed due to the services they would be receiving.
When combined with the City level of support (the City properties will also be required to pay
into the new CBD), the following property variables demonstratedconceptualsupport for the
continued investigation of the new CBD.
These responses demonstrated to the CBD Steering Committee that the majority of the
responding property owners thought there was merit in the CBD concept. This proposed
Downtown Downey Community Benefit District can only be formed by a mail-in vote of the
majority of weighted property owners within the proposed district boundaries.
A summary of the survey results and the resulting CBD plan, beginning with the services it
would fund, are as follows:
Prioritv S ecjal Benefit Services -- According to t'be Sorve
The survey asked a variety of specific questions regarding property owner-funding of services
over and above what the City and County were currently providing. The priority services
outlined by the responding property owners prioritized the following:
• By a two to one margin, property owner respondents stated that they support services
to deal with homelessness and panhandling issues.
14
• By a two to one margin, property owners stated they supported property owner funded
regular sidewalk and gutter sweeping in Downtown.
• By a two to one margin, property owner respondents stated that support services
related to planting, trimming and maintenance of trees, plants, flowers and other
landscaping in Downtown Downey.
• By almost a two to one margin, property owner respondents stated that they support
services for public relations and social media to support the branding of Downtown.
The CBD Steering Committee began reviewing the results of the survey, and possible benefit
zones within a boundaried area.
Under the state constitution, Proposition 218 defines the purpose of property assessments, and
unlike special and general taxes, there must be a relationship between how much a property
owner pays into a property assessment district and what type of benefit they receive. Property
owners must receive more benefits due to the size of their linear frontage, lot square footage, or
buildings square footage. All parcels within the boundaries of the Downtown Downey CBD will
be required to pay into the assessment district (no properties will be exempt). Costs are
determined by the type and frequency of services.
In the Fall of 2014, Aldo Schindler, the Economic Development Director of the City of Downey
and Marco Li Mandri of New City America held a series of one on one meetings with property
owners throughout the proposed district to explain the upcoming survey of property owners.
Once that rounds of 8 to 10 meetings were held, the survey was distributed.
In early 2015, we were still collecting surveys and after another mailing of the survey to maximize
the response, we set the first meeting of the CBD Steering Committee. Numerous public
meetings have been held with the Downtown Downey CBD Steering Committee. Public meeting
dates were held on the following dates:
April 28th, 2015
June 2nd
July 211
August 4th
'; January 13th, 2016
Marco Li Mandri of New City America continued to meet with Aldo Schindler of the City
Manager's office, the City Council and City Council sub -committees, the City Attorney, City staff,
and many property owners individually throughout this process.
15
Cx lavation of Special Benefit Services.
All of the improvements and activities detailed below are provided only to properties defined as
being within the boundaries of the Downtown Downey CBD, as the improvements and activities
will provide special benefit to the owners of those properties. No improvements or activities will
be provided to properties outside the Downtown Downey CBD boundaries.
The City will continue to provide general benefit services from the general fund to the Downtown
which will include public safety, street tree trimming, street sweeping, trash collection of public
refuse containers, etc. The frequency of these general benefits may change from year to year
and time to time based upon budget constraints. However, City general benefits will not be
withdrawn from the Downtown Downey CBD unless they are withdrawn by an equal amount City
wide. The CBD funded special benefits will not replace City funded general benefits, but rather
will provide special benefits to parcel owners over and above the general benefits provided by
the City of Downey.
All services funded by the assessments' outlined in the Management District Plan are intended to
directly benefit the properties within this area to support increased commerce, business
attraction and retention, retain and increase commercial property rentals, attract new residential
developments, enhance safety and cleanliness in the CBD, improve district identity, and
eventually fund specialized beautification and enhanced services for the condo residential unit
parcels within the District.
The total improvement and activity plan budget for FY 2017-18 is projected to be $ 253,589.00.
The costs of providing each of the budget components was developed from actual experience
obtained in reviewing these same services in similar districts throughout the State of California.
Based upon the survey of property owners, as well as the discussions held in the CBD Steering
Committees held since April 2015, the Committee has prioritized the following categories of
special benefit services for the new CBD. The categories of special benefit services set forth the
intent of the budget category, but also gives the new District Management Corporation the
flexibility to allocate the services based upon the changing needs of the District from year-to-
year within each budgeted category.
The specific category of services are considered to be "buckets" of special benefit services and
the points listed under each bucket of services may be funded on a case by case basis or annual
basis based upon the decision of the Owners Association or District Management Corporation.
Improvements Activities and Services of the Downtown Downey CBD Plan.
There will initially be four basic categories of special benefit services that will be funded within
the Downtown Downey CBD. All of these services are designed to confer a special benefit to the
individual parcels within the Downtown Downey CBD over and above the general benefits they
are currently receiving. The categories of special benefits are as follows:
16
Table
First Year Qs / 1 • - • 1
Category of Services Annual Allocation - % of budget
Sidewalk Operations (curb to property line $130,000 — 51%
services)
District Identity — District Promotion $ 60,000 — 24%
Program Management/Corporate operations $ 53,000 — 21%
Contingency $ 10,589-4%
Total Annual Revenue $ 253,589.00
The following buckets or categories of special benefit services shall only be provided to parcels
within the District.
SIDEWALK OPE ATIONs BEAuTmcATI N ORDER :$ 130,000 51%
Examples of these special benefit services and costs may include, but are not limited to:
❑ Regular sidewalk and gutter sweeping
❑ Regular sidewalk steam cleaning
❑ Beautification of the district
❑ Enhanced trash emptying (over and above city services)
❑ Timely graffiti removal, within 24 hours as necessary
❑ Tree and vegetation maintenance (over and above city services)
❑ Special events maintenance and set up
❑ Maintenance of existing and new public spaces
❑ Hanging plants, planting flowers throughout the district
❑ Possible private security and/or camera system
❑ -Administration of the sidewalk operations services or staff
DISTRICT IDENTITY AND STREETSCAPE IMPROVEMENTS: $60,600 24%
Examples of these special benefit services and costs may include, but are not limited to:
Web site development and updating
❑ App development
❑ Management and coordination of special events
❑ Social media
❑ Public relations firm
❑ Holiday and seasonal decorations
❑ Branding of Downtown Downey so a positive image is built
❑ Banner programs
❑ Public art displays
❑ Downtown landmark sign and maintenance
❑ Logo development
17
LJ Public space design and improvements
❑ Administration of District Identity Services
PROGRAM MANAGEMENT AND CORPORATE OPERATIONS:-, $53,000 24%
Examples of these special benefit services and costs may include, but are not limited to
❑ Staff and administrative costs
❑ Director's and Officers Insurance
❑ Office related expenses
❑ Rent
❑ Financial reporting and accounting
❑ Legal work
CONTIN ENQCITY AND COUNTY PEES RESERVE: $10,589 4%
Examples of these special benefit services and costs include, but are not limited to:
❑ Delinquencies
❑ City Fees
❑ County fees
❑ Reserves
ENHANCED RESIDENTIAL CONDO UNIT IMPROVEMENTS: (currently don't exist) $ 0
Examples of these "special benefit services and costs may include, but are not limited to:
Future residential condos built within the boundaries of the Downtown Downey CBD will be
assessed separately due to their unique parcel status and special benefit needs in the district.
Residential condos buildings or Town Homes will have the following special benefit services
conferred on the frontage their parcels. These services in the future will include, but will not be
limited to:
❑ Installation, stocking and upkeep of pet waste distribution stations= on the
frontages adjacent to the high concentrations of residential condo individually
assessed parcels;
Li Enhancement and beautification of sidewalks on the frontages adjacent to the
high concentrations of residential individually assessed parcels;
•Installation of hanging plants, and enhanced upkeep in the sidewalks surrounding
these frontages adjacent to these residential condos;
• Other services requested by the residents that confer special benefit to the areas
directly adjacent to the parcels with high concentrations of residential condos;
• Proportional share of the Administrative and Contingency costs to cover the
oversight of the Enhanced beautification special benefit services.
4 1I
A projected fifteen -year operating budget for the Downtown Downey CBD is provided below.
The projections are based upon the following assumptions:
18
• Assessments will be subject to annual increases not to exceed 5% per year.
• Increases will be determined bythe District Management Corporation and in no case shall
annual increases exceed 5% per year.
• Changes in land use, demolition of existing buildings, and new development may modify
both the amount of the maximum assessment and the CBD's budget projections.
The budget for specific programs may be reallocated within the categories by up to 10% of each
budget category. The Management Corporation Board may alter the budget based upon service
needs and such changes shall be included in the Annual report and submitted to the Downey City
Council for review and approval.
Table 3 — B
Downtown Downey CBD
FY8 FY9 FYIO FYII
FYI
FY2
FY3
FY4
FY5
FY6
FY7
Sidewalk Operations,
Beauifiricallon and Order
$130,000,00
$136,500.00
$143,325.00
$150,491.25
$158,015.81
$165,916.60
$174,21243
District ki
$60,000.00
$63,000,00
$66,150,00
$69,457,50
$72,930.38
$76,576.89
$80,405.74
Prop, MgMUCorp,
Operations
$53,000.00
$55,650.00
$58,432,50
$61,354,13
$64,421.83
$67,642,92
$71,025.07
Contingency
$10,589.00
$11,118.45
$11,674.37
$12,258,09
$12,871.00
$13,514.55
$14,190,27
Total
$253,589.00
$266,268.45
$279.581.87
$293,560.97
$308,239.01
$323,650.97
$339,833,51
FY8 FY9 FYIO FYII
FY12
FY13
FYU
FY1 5
Sidewalk Operations,
Beautification and Order $182,923,05 $192,06R21 $201,672.67 $211,756.30
$222,34 12
$233,461.32
$245,134.39
$245,718,04
District ideality $84,426,03 $88,647.33 $93.07969 $97,733.68
$104620.36
$107,751.38
$113,138,95
$113,408.33
Prop, lagnind/Corp,
Operations $74,57632 $78,305,14 $82,220.40 $86,331.42
$90,647.99
$95,180.39
$99,939,40
$100,177.36
Contingency $14,89979 $15,644,78 $16,427.01 $17,248.37
$18,11038
$19,016.32
$19,967.14
$20,014.68
Total $356,825.19 $374,666.45 $393;399.77 $413,069.76
$433,723.25
$455,409.41
$478,179.88
$479,316.40
Notes:
• Assumes a 5% yearly increase on all budget items.
• Any accrued interest or delinquent payments will be expended
in the above categories.
• Residential condo assessments are zero for the first year, and to be determined when the
first
residential condos are actually built in Downtown
19
The Downtown Downey CBD is a property -based special benefit assessment district being
established pursuant to the Downey Community Benefit District enabling ordinance adopted in
September 2015 by the Downey City Council. Due to the special benefit nature of assessments
levied within a CBD, program costs are to be distributed amongst all identified specially benefited
properties based on the proportional amount of special program benefit each property is
expected to derive from the assessments collected.
The ordinance refers to the requirement that relative "benefit" received from CBD funded
programs and activities be used to determine the amount of assessment paid. Only those
properties expected to derive special benefits from CBD funded programs and activities may be
assessed and only in an amount proportional to the relative special benefits expected to be
received.
General vs. SDeciol Benefits;
As provided by Proposition 218, assessment district programs and activities confer a combination
of general and special benefits to properties, but the only program benefits that can be assessed
are those that provide special benefit to the assessed properties. Special Benefit" as defined by
the California State Constitution means "a particular and distinct benefit over and above general
benefits conferred on real property located in the District orto the public at large". For the
purposes of this analysis, "General Benefits" are benefits from the provided within Downtown
Downey that are not special in nature, are not "particular and distinct" and are not over and
above the benefits that other city parcels receive.
General benefits are not restricted to benefits conferred only on persons and property outside
the assessment district, but can include benefits both conferred on real property located in the
district or to the public at large. "At large" means not limited to any particular person— and
means all members of the public - including those who live, work, and shop within the district
and not simply transient visitors.
The property uses within the boundaries of the proposed Downtown Downey CBD which will
receive special benefits from CBD funded programs and services, are currently mix of retail,
service, office, religious, residential and parking. Services, programs and improvements provided
by the Downtown Downey CBD are primarily designed to provide special benefits to identified
parcels within the boundaries of the District.
Parcels that receive the special benefit programs, services and improvements outlined in this
Management District Plan will attract more customers, employees, tenants and investors as a
result of these programs, services and improvements, thereby increasing business volumes, sales
20
transactions, occupancies, and rental income, and for future residents, make this Downtown
more walkable, attractive and livable. These benefits are particular and distinct in that they are
not provided to non -assessed parcels within or outside of the District. Because these programs,
services and improvements will only be provided to each individual assessed parcel within the
Downtown Downey CBD boundaries, these programs, services and improvements will constitute
"special benefits".
Existing City of Downey services will not be replaced or duplicated by Downtown Downey CBD
funded services. The very nature of the purpose of this District is to fund supplemental programs,
improvements and services within the Downtown boundaries above and beyond what is being
currently funded either via normal tax supported methods or other funding sources. All benefits
derived from the assessments to be levied on parcels within the Downtown CBD are for services,
programs and improvements directly_ benefiting each individual parcel within this area and
support increased cleanliness, commerce, business attraction and retention, increased
commercial property rental incomeandimproved District identity. No CBD funded services,
activities or programs will be provided beyond the CBD boundaries.
Whileeveryattempt is made to provide CBD services and programs to confer benefits only to
those identified assessed parcels within the district, the California State Constitution was
amended via Proposition 218 to provide that general benefits exist, either by design or
unintentionally, in all assessment districts and that a portion of the program costs must be
considered attributable to general benefits and assigned a value. General benefits cannot be
funded by assessment revenues. General benefits might be conferred on parcels within the
District, or "spillover" onto parcels surrounding the District, or to the public at large who might
be passing through the District with no intention of transacting business or residing within the
District or interest in the District itself. Empirical assessment engineering analysis throughout
California has found that general benefits within given similar special benefit districts tend to
range from 1-5% of the total costs.
There are three methods that have been used by the Downtown Downey CBD Assessment
Engineer for determining general and special benefit values within assessment districts:
(1) The parcel by parcel allocation method
(2) The program/activity line item allocation method, and
(3) The composite district overlay determinant method.
A majority of CRDs in California for which our Assessment Engineer has provided assessment
engineering services since the enactment of Proposition 218, have used Method #3, the
composite district overlay determinant method which will be used for this CBD. This method of
computing the value of general benefit involves a composite of three distinct types of general
benefit — general benefit to assessed parcels within the District, general benefit to the public at
large within the District and general benefit to parcels outside the District.
21
Downtown lowrey C tiro rotes ono trr roverr�er�ts,
The total special and general benefit program activities
and budget allocations
that will be
provided to each individual parcel assessed in the proposed DowntownDowney CBD are shown
in the chart below:
Table 4A
Total Year 1= 2017118 d Special General Benefit Costs
YR 1
YR 1
YR 1
Service Assessment
Non-
Total Costs
% of Total
Costs
Assessment
Costs
Sidewalk Operations $130,000
$2,654
$132,654
51%
District Identity $60,000
$ 1,224
$61,224
24%
Program Management $53,000
$1,081
$54,081
21%
Contingency/Reserve $10,589
$216
$10,805
4%
Total $253,589.00
$5,175
$258,764.00
100%
All program costs associated with general benefits will be derived from sources or credits Other
than CBD assessments. Sample `other" revenue sources can be derived from special events,
grants, volunteer hours and must simply equal a total of$ 5,175 per year which would equal the
general benefit cost of 2% of the computed total CBD cost of $258,764.00 from the Table above.
Here, program costs are spread among property variables that are common to each parcel
include linear frontage, lot or parcel size and building square footage, and residential condo
parcels. Assessed valuation cannot be used as the basis for revenue generation in the state of
California since Proposition 13 sets the assessed valuation at the time of purchase of the parcel,
therefore adjacent parcels may be similar in size, but have different assessed valuations. We
must therefore spread the assessments among the consistent factors of each parcel, based upon
2015 data. The following data represents the foundation of the assessments that will generate
the revenue to fund the Downtown Downey CBD:
All program costs associated with general benefits will be derived from sources or credits other
than CBD assessments. Sample "other" revenue sourcescanbe derived from special events,
grants, farmers' markets, donations, volunteer hours and must simply equal a total of $5,175.00
per year which would equal the general benefit cost of 2% of the computed total CBD cost of
$ 258,764.00 from the Table above. Here, program costs spreading variables include linear
frontage, Jot or parcel size and building square footage, and residential condo parcels. The
following data represents the foundation of the assessments that will generate the revenue to
fund the Downtown Downey CBD: (verified as of February 11, 2017);
22
Benefit Zones:
State law and the State constitution, Article"XIIID require that special assessments be levied
according to the special benefit each individual parcel receives. There are two benefit zones in
the proposed Downtown Downey CBD.
Assessable Data in the CBD:
Benefit Zone 1
Building Square Footage tot Size (square feet) Linear Frontage
(square feet)
1,156,783 sq. ft. 2,073,549 15,499
Building Square Footage Lot Size (sqe
TotalAssessmentDicrict Frd ert Variables:
Building Square Footage I Lot Size (square feet) Linear
3,549 1f
e feet) Linear Frontage
w 631
Amount of revenue generated by each benefit zone:
tage
Assessment District Revenue Generation in Fiscal Year 2017 from each assessable property
variable:
Linear Frontage
Building Square Footage:
Lot Square Footage:
Residential Condos Unit Square
Footage:
$ 131,721.00 52%
$ 58,542.00 23%
$ 63,326.00 25%
$00 0%
Total: $`253,589.00 100%
First Year Annual Costs:
The Downtown Downey CBD FY 2017-18 year annual assessments per property variable are as
follows:
23
Property Variable First Year Annual Costs
Linear Frontage $ 8.166254 per linear foot/year
(Benefit Zones I and 2)
Building Square Footage $0.050608 per square foot/year
(Benefit Zone 1 only)
Lot Size $ 0.030540 per square foot/year
(Benefit Zone I only)
Residential Condominiums $ 0.20 per square foot
Wr"Ir..
Proportional Allocation of Assessments to Benefiting Property Owners
Generation of assessments which fund categories of special benefit services.
Funded by Property Variable
Approximate Amount
Program
Assessment---
First Year Budget - %
Sidewalk Operations,
Funded by approximately 100% of the
130,000 — 51%
Beautification and Order
linear frontage assessments
(the Board decides how this
sidewalk and gutter cleaning,
Residential Condo assessments will pay
amount will be allocated
landscaping, steam cleaning,
for services in the same proportion as
month by month, prioritizing
public space maintenance
allocated in the budget
services and proportionally
allocating per benefit zones
based upon payments made)
District Identity and
Funded by approximately 100% of the
Streetscape Improvements
building square footage
Residential Condo assessments will pay
(Marketing, promotions,
for services in the same proportion as
website, social media, events,
allocated in the budget
$ 60,000 — 24%
business attraction, public
space design)
(Benefit Zone 2 parcels are not assessed
for building square footage due to no
special benefits provided for these
services)
Program Management/
Funded by Lot Size assessments
Corporate Operations
(Benefit Zone 2 parcels are not assessed
Administration, outreach to
for lot square footage due to no special
public agencies, community
benefits provided for these services)
53,000 -21%
relations, office rent, supplies,-
upplies,insurance,
insurance,legal
Residential Condo assessments will pay
for services in the some proportion as
allocated in the budget
Funded by Lot size assessments
Contingency/Reserve
Residential Condo assessments will pay
$10,589 4%
for services in the same proportion as
allocated in the budget
Total for all "Special Benefit
$ 253,589.00
Services
24
Linear Frontage Defined*
Individual parcels will be assessed for all sides of each parcel fronting on a public street. Alley
frontage is not assessed. Each side of the parcel (excluding alley areas) will receive Sidewalk
Operations special benefit services based upon the frequency of services articulated in this plan,
linear front footage data was obtained from the County Assessor's parcel maps. Both Benefits
Zones 1 and 2 will be assessed the same amount per linear foot to fund the sidewalk operations
component of the budget. The frequency of services will be equally provided to both Benefit
Zones for sidewalk operations related services.
Building Square Foot2ge2efinedi
Building square footage is defined as gross building square footage throughout the Downtown
Downey CBD. The percentage of building square footage that is dedicated to private or internal
tenant parking needs may be deducted from the gross building square footage. Only parking
structures that are open to the public and charge fees to the general public on a regular basis will
have their building square footage assessed as any other commercial building. Apartment
buildings within the boundaries of the Downtown Downey CBD will be assessed as commercial
buildings since there is a landlord/tenant relationship in that property. Benefit Zone 2 parcels
are not assessed for building square footage due to no special benefits will be provided for these
building square foot funded services.
Lot S care Footage Defined':
Lot square footage is defined as the total amount of area within the borders of the parcel. The
lot square footage of a parcel has been verified by the County Assessor's parcel maps. Benefit
Zone 2 parcels are not assessed for lot square footage due to no special benefits will be provided
for these lot size funded services.
Commercial Condominium Parcels Defined:
Ground floor commercial condominiums will be treated as independent "mini" commercial
buildings and assessed based on their actual building square footage, the footprint of land they
cover or lot size of the commercial condo, and the amount of direct primary streetfrontage on
the exterior of the building. Ground floor commercial condominiums will pay 100% of the special
benefits for the assessment, based upon which benefit zone they are within.
Future ' Residential Condo Unit Parcels Defined:
Future residential condo units building square footage is defined as the livable building square
footage within the walls of the condo residential unit parcel. They are included in a special
category to designate their unique special benefits relative to the other commercial parcels
within the Downtown Downey CBD. Unlike the other commercial parcels in the district, including
commercially operated apartment buildings, residential condo parcels are assessed for building
square footage only, and are not assessed for linear frontage and lot square footage.
Future residential condo individually assessed parcels are assessed as a separate category. These
future residential condo individual parcels will be assessed for their building square footage only
at the rate of $0.20 per square foot per year, commencing the first year of their completion. The
25
rationale for assessing future residential condos only for the building square footage rate is
provided below.
Future residential condo individually assessed parcels are assessed differently than multi -unit,
for -rent apartment buildings, due to the frequency of special benefit services required by each
parcel as described below. The multi -unit apartment buildings are commercial properties in
which the tenant and landlord have an economic relationship as opposed to residential condo
buildings where individual property owners own separate "air space parcels on a single floor.
Future residential apartment buildings can be bought or sold just as like commercial buildings=
whereas residential condo individual units are separately owned and must be individually bought
and sold.
Distinctions between residential apartment buildings with tenants and residential condominium
building with individual parcel owners are as follows:
1. The Davis Sterling Act establishes rules and regulations for residential condo owners
based upon "separate interests" (i.e. ownership rights), as opposed to renters who
only have a possessory interest.
2. Generally, residential condo unit owners demonstrate greater care for their property
and concerns about quality of life issues due to their investment in real estate.
3. Residential owners and have the right to vote in a Proposition 218 hearing, tenants
do not have that right.
4. Residential condo owners are required to contribute to a legally established
Homeowners Associations to oversee building maintenance, tenants are not.,
S. Residential tenants may have their dwelling unit sold or have their rent raised
arbitrarily due the lack of ownership of their residential unit.
The assessment methodologyhas been written to confer special benefits to future residential
condo individual assessed parcels since future residential condo owners have unique investment
backed expectations about the care and maintenance of the building and its surroundings
compared to the interest of residential tenants who have a possessory not an ownership interest.
The future residential condos' special assessment methodology ensures that a fund will be
established to maintain high levels of special benefit services that apply directly and proportional
to the blocks that demand virtually seven days per week, 365 days per year special benefits.
E ennotions
No benefitting parcels, regardless of taxable or tax-exempt property tax status, will be exempt
from the assessments funding the special benefit services of the Downtown Downey CBD. Special
benefit services will not be provided to any parcels outside of the boundaries of the district.
Any current single family residential land uses, in the form of single family homes on independent
parcels within the boundaries of the CBD are included in the District, however will be assessed
only for the services they receive on their frontage or until such time that the single family land
uses are converted to multi -family or commercial/retail uses.
26
Calculation of Assessments.,
The proportionate special benefit derived by each identified parcel shall be determined in
relationship to the entirety of the improvement or the maintenance and operation expenses of
an improvement or for the cost of property service being provided. Per California Constitutional
Amendment Article Xlll D, Section 2(i), "Special Benefit", means a particular and distinct benefit
over and above general benefits conferred on a real property located in the district or to the
public at large. No assessment will be imposed on any parcel that exceeds the reasonable cost
of the proportional special benefits conferred upon that parcel. Only special benefits are
assessable and these benefits must be separated from any general benefits. Properties are
assessed as defined on the County Assessor's most current parcel maps. The preceding
methodology is applied to the database of parcels within the District. The process for compiling
the property database includes the following steps:
• A report was generated from data obtained from the Los Angeles County Tax Assessors
office.
• A list of properties to be included within the CBD is provided in Section 7.
Parcel Assessments=
The annual assessment method to calculate all parcels and ground floor commercial
condominiums for Benefit Zone 1 will be:
Total Street Frontage X $ 8.166254 per foot
Total lot Square Footage X $0.030540 per square foot
Total Building Square footage X $0.050608 per square foot
TOTAL PARCEL ASSESSMENT
The annual assessment method to calculate all parcels and ground floor commercial
condominiums for Benefit Zone 2 will be:
Total Street Frontage X $ 8.166254 per foot
Total Lot Square Footage X $0.00 per square foot
Total Building Square footage X $0.00 per square foot
TOTAL PARCEL ASSESSMENT
27
Residential Condo Assessment:
The annual assessment method for a residential condo once they are built, regardless of Benefit
Zone will be:
Total Residential Unit Building Square footage X$0.20 per Square Foot
TOTAL RESIDENTIAL CONDO UNIT ASSESSMENT
Future Develooment
As a result of continued new development, the Downtown Downey CBD will experience the
addition or subtraction of assessable commercial buildings or the conversion of empty parcels
into new commercial and residential or buildings and units. The Management District Plan
assessment methodology will reflect any and all land use changes within the term of the District
with annual adjustments being submitted to the City, as these assessment calculation and
property variable alterations occur.
Maximum Assessment:
Assessments may be subject to annual increases not to exceed 5% per year. Increases will be
determined by the CBD District Management Corporation and will vary between 0% and 5% in
any given year. The maximum the assessments can be increased is 5% over the previous fiscal
year's base assessments. Not implementing the increase for one year does not give the District
Management Corporation the authority to accumulate increases above 5% within any given fiscal
year. The following projections illustrate a potential 5% annual increase.
28
Projected
Assessment
FY6
FYI
FY7
FY2
FY8
FY3
FY9
FY4
FY10-
FY5
Linear Frontage
$
8.1663
$
8.5746
$
9.0033
$
9.4535
$
9.9261
Building Sq. Ft.
$
0.050608
$
0.053138
$
0.055795
$
0.058585
$
0.061514
Lot Square Ft.
$
0.030540
$
0.032067
$
0.033670
; $
0.035354
$
0.037122
Condo Sq. Ft.
$
0.20000
$
0.21000
$
0.22050
$
0.23153
$
0.24310
Projected
Assessment
FY6
FY7
FY8
FY9
FY10-
Linear Frontage
$
10.4224
$
10.9436
$
114907
$
12.0653
$
12.6685
Building Sq. Ft.
$
0.064590
$
0.067820
$
0.071211
$
0.074771
$
0.078510
Lot Square Ft.
$
0.038978
$
0.040927
$
0.042973
$
0.045121
$
0.047378
Condo Sq. Ft.
$
0.25526
$
0.26802
$
0.28142
$
0.29549'
$
0.31027
Projected
Assessment
FY11
FY12
FY13
FY14
FY15
Linear Frontage
$
13.3020
$
13.9671
$
14.6654
$
15.3987
$
16.1686
Building Sq. Ft.
$
0.082435
$
0.086557
$
0.090885
$
0.095429
$
0.100200
Lot Square Ft.
$
0.049746
$
0.052234
$
0.054845
$
0.057588
$
0.060467
Condo Sq. Ft.
$
0.32578
$
0.34207
$
0.35917
$
0.37713
$
0.39599
Budget Adjustments:
Annual budget surpluses, if any, will be rolled into the following year's budget. Assessments will
be set annually,, within the constraints of the Management District Plan's allowed increase or
through land use changes. Revenues from the delinquent accounts may be expended in the year
they are received. If the District is not renewed, any remaining funds will be returned to property
owners in the proportion by what each property owner paid.
If after the initial term the District decides to renew and if there is money left over from the
previous term, the balance of remaining funds will be rolled over into the renewed district. These
"rolled over" funds may only be used within the boundaries of the original
district and cannot be expended for activities, services, or improvements in an area expanded
beyond theoriginalDistrict. However, the rolled over funds may be used to finish District
Management Corporation activities in the original district.
Time and Manner for Collecting Assessments;
In September 2018, the Downtown Downey CBD assessments will appear as a separate line item
on annual property tax bills prepared by the County of Los Angeles. The assessments shall be
collected at the same time and in the same manner as for the ad valorem property tax paid to
the County of Los Angeles. These assessments shall provide for the same lien priority and
29
penalties for delinquent payment as is provided for the ad valorem property tax. During the first
year of operation, the City may elect to manually bill the property owners so the services can
commence in early 2018.
Disestablishment:
California Streets and Highways Code Section 36670 provides for the disestablishment of a
District. Provisions for annual disestablishment of the CBD are provided for in Article 2, Chapter
14 of the local Downey CBD ordinance. Property owners dissatisfied with the results,
management or quality of the services may petition the City Council to disestablish the CBD, in
the same method in which they petitioned the City Council to establish the District.
Section 36670 states:
(b) The city council shall adopt a resolution of intention to disestablish the district prior to the
public hearing required by this section. The resolution shall state the reason forthe
disestablishment, shall state the time and place of the public hearing, and shall contain a
proposal to dispose of any assets acquired with the revenues of the assessments levied within
the property and business improvement district. The notice of the hearing on
disestablishment required by this section shall be given by mail to the property owner of each
parcel or to the owner of each business subject to assessment in the district, as appropriate.
The city shall conduct the public hearing not less than 30 days after mailing the notice to the
property or business owners. The public hearing shall be held not more than 60 days after the
adoption of the resolution of intention."
Unexpended surplus funds will be returned to property owners based upon each parcels
percentage contribution to the previous fiscal year's assessments if the District isnot renewed.
Government Assessments:,
The Downtown Downey CBD Management Plan assumes that the City of Downey will pay
assessments for the public property they own within the boundaries of the District as per the
methodology within this plan. Article Xlll D, Section 4 of the California Constitution was added in
November of 1996 to provide that the City isnot exempt from such assessments.
Parcels owned by the City of Downey and the Downey Successor Agency shall receive benefits,
commensurate with the sidewalk operations administration and contingency assessments paid
into the Downtown Downey CBD. These publicly owned parcels are presumed to benefit equally
to the privately owned parcels for the special benefits provided.
30
• i' -
r I r 'r ►r r itAMT.i`
M
Annual
APN
Legal Owner
Site N
Site Street
Assessment
Percent
6254 008 901
City of Downey
8201
2nd St
$
5,104.96
2,01%
6254 009 900
City of Downey
11102
La Reina Ave
$
3,115.98
1.23%
6254 016 912
City of Downey
11111
Brookshire Ave
$
16,610.87
6.55%
6254 019 900
City of Downey
8321
2nd St
$
446.34
0.18%
6254 019 901
City of Downey
8320
3rd St
$
446.31
018%
6254 020 903
City of Downey
8313
Firestone Blvd
$
85.76
0.03%
6254 021 919
City of Downey
11131-
Brookshire Ave
$
6,620.60
2.61%
6254 021 922
City of Downey
8435
Firestone Blvd
$
110.49
0.04%
6254 021923
City of Downey
8435
Firestone Blvd
$
3,145.08
1.24%
6255 002 900
City of Downey
8356
Firestone Blvd
$
4,349.90
1.72%
6255003 900
City of Downey
*no Site
$
6,385.72
Address*
<2.52%
TOTAL
$
46,422.02
18.31%
6254019904
CommunityDev-
Commission of Downey
City
11022
Downey Ave
$
1,479.15-
0.58%
6254020913
Co mm unityDev
Commission of Downey
City
8355
Firestone Blvd
$
1,165.79
0.46%
TOTAL-
$
2,644.94
1.04%
M
District Rules r Regulations and Governance
There are no specific rules and regulationsprescribedfor the proposed Downtown Downey
Community Benefit District Management Corporation except that it will adhere to the open
meeting and open records provisions of the Ralph M. Brown Act and will seek to be as open and
transparent to the CBD assessees and the public at large as is reasonably possible.
Pursuant to the City of Downey Community BenefitDistrict Ordinance and Section 36650 of the
California Streets and Highway Code, a District Management Corporation or Owners' Association,
will review District- budgets and policies annually within the limitations of the Management
District Plan. The Management Corporation will file Annual Reports with the City of Downey and
will oversee the day-to-day implementation of services as defined in the Management District
Plan. Section 36612 states:
"The "Owners' association" means a private` nonprofit entity that is under contract with a
city to administer or implement activities and improvements specified in the management
district plan. An owners' association maybe an existing nonprofit entity or a newly formed
nonprofit entity. An owners' association is a private entity and may not be considered a
public entity for any purpose, nor may its board members or staff be considered to be
public officials for any purpose."'
Bonds:
The District will not issue any bonds related to any program.
32
Section r
'mPlementation•
The Downtown Downey CBD is expected to be established and begin assessing benefiting parcels
as of fiscal year 2017-18. Due to the timing of revenue collection and need to establish the
owners' association or District Management Corporation, implementation of the Management
District Plan and the delivery of services is scheduled to commence in or around the beginning of
2018. The City may conduct a manual billing process during FY 17-18 to ensure that the
assessments are collected to provide for commencement of services inearly2018. The CBD
assessments will occur annually on the County property tax bills commencing in the Fall of 2018.
Consistent with the local enabling ordinance, the Downtown Downey CBD will have a fifteen -year
term through November 30, 2032 with operations winding down by November 30, 2032 unless
renewed by Downtown property owners.
33
APN
Annual Assessment
6254 012 011
$3,523.33
6254 020 913
$1,165.79
6254 001 014
$2,843.36
6254 012 013
$3,996.82
6254021023
$2,059.57
6254001017
$4,157.61
6254012015
$1,559.58
6254021025
$1,072.70
6254002011
$419.85
6254 016 912
$16,610.87
6254021030
$5,032.22
6254 002 012
$418.63
6254018005
$538.97
6254021031
$16,260.95
6254 002 013
$1,762.80
6254 018 009
$863.92
6254021919
$6,620.60
6254 002 014
$634.30
6254 018 023
$969.39
6254021922
$110.49
6254 002 023
$7,060.88
6254018024
$3,682.74
6254021923
$3,145.08
6254002024
$7,097.53
6254 018 026
$114.52
6255001012
$724.83
6254 004 028
$3,695.31
6254 019 001
$2,445.95
6255 002 008
$2,204.26
6254 007 004
$2,676.44
6254 019 003
$758.41
6255 002 009
$3,231.19
6254 007 013
$3,881.48
6254 019 004
$761.42
6255 002 010
$977.35
6254 008 005
$8,513.20
6254 019 027
$2,148.53
6255002011
$1,115.64
6254 008 901
$5,104.96
6254019028
$4,613.93
6255 002 012
$3,416.56
6254 009 002
$2,017.23
6254 019 900
$446.34
6255 002 013
$4,067.92
6254009012
$3,328.59
6254 019 901
$446.31
6255002023
$2,775.94
6254 009 013
$773.36
6254 019 904
$1,479,15
6255002028
$4,739.43
6254 009 014
$1,341.13
6254 020 001
$119.80
6255002032
$5,888.06
6254 009 900
$3,115.98
6254 020 002
$717.73
6255 002 033
$2,255.23
6254 010 033
$4,042.44
6254 020 003
$951,15
6255 002 034
$2,831.13
6254 010 034
$2,905.38
6254020014
$1,160.47
6255 002 900
$4,349.90
6254 010 035
$5,517.83
6254 020 017
$1,739.08
6255 003 001
$3,114.60
6254 011 003
$2,010.28
6254 020 020
$836.77
6255 003 005
$891.16
6254011008
$699.90
6254020023
$1,623.42
6255 003 006
$564.85
6254011010
$809.41
6254 020 024
$451.43
6255 003 007
$1,153.76
6254 011 012
$5,262.62
6254 020 025
$533.85
6255 003 015
$2,659.70
6254 011 013
$2,435.07
6254020027
$8,257.93
6255 003 018
$8,010.09
6254011014
$1,188.60
6254 020 028
$1,909.16
6255003019
$2,185.15
6254 012 008
$596.39
6254020029
$2,003.14
6255 003 900
$6,385.72
6254 012 009
$623.02
6254 020 808
$2,158.96
TOTAL
$253,589.52
6254 012 010
$2,137.21
6254020903
$85.76
EM,
0OWNTOWN DO EY FN(;1NfAjVSR1,itQ,Rii.
DOWNTOWN DOWNEY
COMMUNITY BENEFIT DISTRICT
Prepared pursuant to the City of Downey
Community Benefit District Ordinance
Section 400 Downey City Charter
V,
Codified in -Godo—A-itirle 2 -
Prepared by
Edward V Henning
California Registered Professional Engineer 4 26549
Edward Henning & Associates
December 30, 2017
V1.2
183229.1
Attachment "A"
ROMIli OMPUMME11 —Mfill`I'Y-11LIN,Wr,0ISTRCL=,M1j
_RjL4LP0U
To Whom It May Concern:
I hereby certify to the best of my professional knowledge and experience that each of the identified benefiting properties
located within the proposed Downtown Downey Community Benefit District ("Downtown Downey CBD") being formed
for a fifteen (15) year term will receive a special benefit over and above the benefits conferred on the public at large and
that the amount of the proposed assessment is proportional to, and no greater than the benefits conferred on each respective
property.
Edward V. Henning
, , '. ,, , 0, f
M
Introduction
This report serves as the "detailed engineer's report" required by Section 4(b) of Article XIIID of the California
Constitution (Proposition 218) to support the benefit property assessments proposed to be levied within the proposed
Downtown Downey CBD in the City of Downey, California being formed for a fifteen (15) year term. The discussion and
analysis contained within this Report constitutes the required "nexus" of rationale between assessment amounts levied and
special benefits derived by properties within the Downtown Downey CBD.
The Downtown Downey CBD is a is a property -based benefit assessment district being formed for a fifteen (15) year ter
Pursuant to the City of Downey Community Benefit District Ordinance, Section 400 — Downey City Charter and codifie
uner Municipal Code Article 2, Chater 14 (the "Cinance") which is based in part n Section 30 et se.•f th
California Streets i, it. as t�,e anp-A� -1 . I►• . , 11
dpBD Ordo660qo
"tid-1 a_,1L_%LLqqLaVFz
IT73 M.
"Act"). Due to the benefit assessmentnature of assessments levied within a Property Business Improvement District
("PBID"), district program costs are to be distributed amongst all identified benefiting properties based on the
proportional amount of special program benefit each property is expected to derive from the assessments levied.- Within
the Ordinance and Act, frequent references are made to the concept of relative "benefit' received from PBID programs
and activities versus amount of assessment levied. Only those properties expected to derive special benefits from PBID
funded programs and activities may be assessed and only in an amount proportional to the relative special benefits
expected to be received.
Su r elemental Pr'rr rosilion 215 Procedures and Iter uirenr =n s
Proposition 218, approved by the voters of California in November of 1996, adds`a supplemental array of procedures and
requirements to be carried out prior to levying a property -based assessment like the Downtown Downey CBD. These
requirements are in addition to requirements imposed by State and local assessment enabling laws. These requirements
were added as article XI IID of the California Constitution.
Since Prop 218 provisions will affect all subsequent calculations to be made in (he Final assessment formula or the
Downtown Downey CBD, Prop 218 requirements will be taken into account. The key provisions of Prop 218 along with a
iescription of how the Downtown Downey CBD complies with each of these provisions are delineated below.
• • f';• f' • - • • •
indinr_l. From Section 4(a) "Identify all parcels which will have a special benefit conferred upon them and upon
which an assessment will be imposed"
There are 90 parcels within the Downtown Downey CBD "identified" as assessable parcels with assessable property
characteristics that will derive special benefit from the proposed District programs and activities. The benefits are special
and unique only to the identified parcels within the District because programs and services (i.e. _sidewalk
operations/beautification; district identity; program management; and, contingency/reserve) will only be provided directly
for the benefit of the identified parcels. These identified benefiting parcels are located within the Downtown Downey
CBD perimeter boundary which is shown on the Boundary Map attached as Appendix 2 to this Report and are listed in
Appendix I to this Report - identified by assessor parcel number. Any future development and/or land subdivisions will
adhere to the assessment rate structures described herein. There are two benefit zones within the Downtown Downey
CBD.
The Downtown Downey CBD is centered approximately at Firestone Boulevar and Do A enue, exten
• • a • 'AD • _ `r f r • • !• • • •'•
7
east. The parcels selected to be included in the Downtown Downey CBD form a unique retail;_ commercial business and
government center core that has long been recognized and identified by the Downey community as a pedestrian friendly
retail and commercial neighborhood. Keeping the District clean and attractive will increase pedestrian traffic and
consumer activity and help create a strong symbiotic economic relationship between the Downtown Downey CBD and the
customers it serves. There are two benefit zones in the proposed Downtown Downey CBD. The Downtown Downey CBD
boundaries are shown on the District Map in Appendix 2_of this Report. The assessment rates vary based on the
proportionate levels of special benefit services to be provided for each parcel within the CBD.
Downtown OtrivpS (3 0) !Logtsla
The boundaries of the proposed Downtown Downey CBD are described as followsi
• ttrraihern lficarrrelaa,: Beginning at parcel 6254 016 912 (City hall), head westward on 3`d Street running in
a line down the middle of the street including all of the southern parcels until parcel 6254 018024 at the
northeast comer of the intersection of 3`d Street and Downey Avenue. Proceed northeasterly up Downey
Avenue to include the parcels on both sides of the street up to the south side of 4'" Street. Proceed westward
to New Street, run southward to include the parcels fronting 3`d Street including parcels 6254 007013, 6254
007 004, and parcel 6254 004 028 at the northwest corner of the intersection of La Reina Avenue and 3`d
Street.
It Beginning parces 1i 1at t e nort- r - _ intersection
Burns Avenue and Brookshire Avenue, proceed westward including all of the parcels fronting on the north
side of Burns Avenue including parcel 6255 003 900, (the City parking lot) at the intersection of La Reina
•
10 &ihwl Beginning at parcel 6255 002 023 at the northwestern corner of the intersection of
Burns Avenue and Brookshire Avenue, proceed northward including all of the parcels on the west side of
Beginning parcel 6255 003• parking lot)• of
frontingReina Avenue and Burns Avenue, proceed northward including the parcels on both sides of the street
on ! to the parcel 6254 004 028 at the northwestern cornerof :• of
La Reina Avenue • boundary • include parcel 6254 002 023 which is
• • • • r. it 1
183229.1
9
1111111101 1 L . a.
and improvements as outlined herein. Services programs and improvements will only be provided to these parcels inside
the District boundaries and none will be provided outside of the District boundaries. Each of the individual parcels
assessed shall receive special benefits from the proposed programs, services and improvements. All Downtown Downey
CBD funded programs, services and improvements are considered supplemental above normal base level services
provided by the City of Downey and are only provided for the special benefit of assessed parcels within the boundaries of
the Downtown Downey CBD.
14ndl:njI. From Section 4(a)� "Separate general renefits (if any) from the special benefitson r.
specialOnly benefits
ENEFIT ANALYSIS
As stipulated by Proposition 218 assessment District programs and activities confer a combination of general and special
benefits to properties, but the only program benefits that can be assessed are those that provide special benefit to the
assessed properties. Special Benefit" as defined by the California State Constitution means "a particular and distinct
benefit over and above general benefits conferred on real property located in the District or to the public at large. For the
purposes of this analysis, "General Benefits" are benefits from the Downtown Downey CBD activities and improvements
that are not special in nature, are not "particular and distinct" and are not over and above the benefits that other parcels
receive. General benefitsarenot restricted tobenefitsconferred only on persons and property outside the assessment
district, but can include benefits both conferred on real property located in the district or to the public at large. "At large"
means not limited to any particular person - means all members of the public- including those who live, work, and shop
+ + •
The property uses within the boundaries of the Downtown Downey CBD which will receive special benefits from
Downtown Downey CBD funded programs and services are currently a mix of retail, service, office, government,
religious, residential and parking. Services, programs and improvements provided by the Downtown Downey CBD are
primarily designed to provide specialbenefits to identified parcels within the boundaries of
There are four basic categories of special benefit services that will be funded by the Downtown Downey CBD. All of
these services will confer a special benefit to the individual parcels within the CBD. The categories of special benefits are
as follows:
SidewalkOperations,r Order / ti'g: This includes all sidewalk and gutter cleaning
sidewalks enhanced
H
I)OWNI*OW't I)Oi V.NEY I,"'iia•Illtll t t l 1 lits ^ ---------
2.
''t It+.l l .7 _ l dl - --f-
2. District Identity: These services include the branding of the Downtown Downey area, marketing and
promotions, newsletter, public relations; _ media relations, social media, publicity, special events, website
development and maintenance, public space develop and holiday decorations. These services equal $ 60,000 or
24% of the first year annual budget of the new district.
residential3. Enhanced Residential Improvements: Though there are current y not any single residentia un ts in t e or
i f boundaries of district,i •i developments be constructed
within the CBD boundaries will be assessed to fund their particularspecialbenefits.special
services will include, but are not limited to: enhanced beautification in blocks with a high density of condos,
public space development, implementation of pet related services and administrative costs. These assessments
will be allocated based on the percentage that the costs for the enhances residential improvements form of the
budget of the new district.
5. Contingency0 eserve. This contingency anticipates a "historic" non-payment rate percentage of 2 to 4%, and
any City or County collection fees. This fund equals $10,589 or 4% of the first year annual budget of the new
district.
Assessed parcels within the CBD are conferred proportionately and fund unique special benefits from CBD programs,
services and improvements. Commercial parcels that receive these programs, services and improvements attract more
customers, employees, visitors, tenants and investors as a result of these programs, services and improvements, thereby
increasing business volumes, sales transactions, occupancies, rental income and return on investments. Parcels with single
family residential uses specially benefit proportionately in a way that is different than benefits conferred on commercial
parcels. These differences are discussed Tater in this Report and incorporated into the assessment formula used to calculate
assessments for these types of parcels. CBD special benefits are particular and distinct in that they are not provided to
non -assessed parcels outside of the District. These programs, services and improvements will only be provided for the
direct benefit of each individual assessed parcel within the Downtown Downey CBD boundaries and confer" special
benefits" on each assessed parcel. Existing City of Downey services will be enhanced;not replaced or duplicated, by
Downtown Downey CBD services.
In the case of Downtown - very nature of purpose of this District is to fund supplemental
a
183229-1
0OWYFO%N'_,X ENGINLER'S,REPOR,r
programs, improvements and services within the Downtown Downey CBD boundaries above and beyond what is being
currently funded either via normal tax supported methods or other funding sources. These services, programs and
improvements, ariL&Pi --- :-I ---- ____
the mix of retail.. entertainment service office -overnment relieious, residential and narkiag =perties in the Downtown
r« iirJ , Cast- U04fl-et
to be levied on parcels within the Downtown Downey CBD are for services, programs and improvements directly
benefiting each individual parcel within this area and support increased cleanliness, commerce, business attraction and
retention, increased commercial property rental income and improved District identity. No Downtown Downey CBD
funded services, activities or programs will be provided outside of the Downtown Downey CBD boundaries.
---- - --------- I �1111711 IIIIIIIIIIIIIIIIII
'A7ETVTpT= I LI 1.1 1179111, ;;;
and are not provided to non -assessed parcels outside of the District. The City of Downey does not providc thcsc
parcels within the CBD. the California State Constitution was amended via Pr000sition 218 to grovide that whev-generat
benefits exist, either by design or unintentionally, a portion of the program costs must be considered attributable to
general benefits ?,r « r
be conferred on parcels within the District, or "spillover" onto parcels surrounding the District, or to the public at large
who might be passing through the District with no intention of transacting business within the District or interest in the
District itself.
I - 71RATIVITrIMIRM Am"WRUMM mnw
improvement district tend to range from 1-5% of the total costs. There are three methods that have been used by this
Engineer for determining general and special benefit values within assessment districts:
(1) The parcel by parcel allocation method ;'M ai
Q
(3) The composite district overlay determinant �method
A majority of PBIDs in California for which this Assessment Engineer has provided assessment engineering services
since the enactment of Proposition 218, have used Method #3, the composite district overlay determinant method which
will be used for the CBD. This method of computing the value of general benefit involves a composite of three distinct
types of general benefit - general benefit to assessed parcels within the District, general benefit to the public at large
within the District and general benefit to parcels outside the District,
2
183229.1
i•,DRIWO
General Benefit = Assessed Parcels within District
CBD funded programs are narrowly designed and carefully implemented to specially benefit the assessedDistrict parcels
and are only provided for the special benefit to each and every assessed parcel within the District. It is the opinion of this
Engineer, based on over 30 years of professional assessment engineering experience, that nearly 100% of benefits
conferred on assessed parcels within the District are distinct and special but in the case of the Downtown Downey CBD, it
is projected that there are 0:25% general benefits conferred on these assessed parcels. This high ratio of special benefits to
general benefits is because the CBD funded programs and services are specially geared to the unique needs of each
assessed parcel within the CBD and are directed specially only to these assessed parcels within the CBD. This concept is
further reinforced by the proportionality of special benefitsconferredon each assessed parcel within the District as
determined by the special benefit assessment formula as it is applied to the unique and varying property characteristics of
each assessed parcel. The computed 0.25% general benefit value on assessed parcels within the CBD equates to $634
(.25%x $253,589).
General Benefit - Public ALLar w
While the CBD funded programs are narrowly designed and carefully implemented to specially benefit the assessed
District properties and are only provided for the special benefit to each and every assessed parcel within the District, these
CBD funded programs may also provide an incidental general benefit to the public at large within the District.
Assessment Engineering experience in California has found that generally well over 95% of people moving about within
CBD boundaries are engaged in business related to assessed parcels and businesses contained on them within the District,
while the public at large `just passing through" is typically much less than 5%. Based on this experience curve and the
focused nature of the proposed Downtown Downey CBD funded programs and over 30 years of assessment engineering
experience, it is the opinion of this Engineer that general benefit factors for each of the CBD funded special benefit
program element costs that might provide an immediate general benefit to the public at large are as shown in the chart
below. These factors are applied to each program element costs in order to compute the dollar and percent value of
general benefits to the public at large. The total dollar value of this general benefit type equates to 12 568 as delineated in
the following chart:
General Ben fits ,ro "Public At t it e"
M
t
-
General
►;
t
Pr I :
I
S 1Value
(A x
OB
� �
District .� � I
�
Program - i. •
•Conti ngenc/l._
M
r
am
While District programs and services will not be provided directly to parcelsoutside the District boundaries, it is
reasonable to conclude that District services may confer anindirectgeneral benefit on parcels outside the District
boundaries, An inventory of the District boundaries finds that the District is surrounded by 40 parcels, either tangent to
assessed parcels within the District or across streets and alleys from the District boundaries. Of these 40 parcels, 16
parcels are non-commercial. Based on over 30 years of assessment engineering experience, it is the opinion of this
Engineer that general benefits are not conferred on non-commercial parcels lying outside of the District boundaries. This
leaves 24 parcels outside of the District that can reasonably be assumed to receive some level of indirect general benefit as
a result of CBD funded programs, services and improvements. Of the 24 parcels, 6 parcels have commercial uses and are
directly tangent to assessed parcel within the District and 18 parcels have commercial uses but are separated from the
District boundaries by either public streets or alleys.
Based on over 30 years of assessment engineering experience, if is the opinion of this Engineer that benefit factor of 1.0
be attributed to the 90 identified and "assessed parcels within the District; a benefit factor of 0.05 be attributed to general
benefits conferred on the 6 commercial parcels tangent to assessed parcels within the District; and, a benefit factor of 0.01
be attributed to general benefits conferred on the 18 commercial parcels across streets and alleys from the exterior
boundaries of the District. The cumulative dollar value of this general benefit type equates to $1,352 ($845 + $507) as
delineated in the chart below.
E eneral ".Spillover" Benefits To Parcels Outside District
.cant %its 'ctpnilclient
Based on the general benefit values delineated in the three sections above, the total value of general benefits conferred on
assessed parcels within the District, the public at large and parcels outside the District equates to $4,554 ($634 +$2,568 +
$1,352) or 1.76% of total adjusted program costs of $258,143 [$253,589 (special benefit) + $4,554
(general benefits)]. For the purposes of r be conservatively1 / 1 up to 21/o. This
added to the special1- $253,589
.. (Year . assessments) equates to a total adjusted Year I — r.
1 1 1costs that are attributed la -general benAIVwv0C;5,L7F5_ mi I I from
other sources. A
comparison of 1` 1 general benefit funding• •... on on page 22, later in this
M
I Milgiti Igi Mal ,*Mi DI MW
Dowtitown, Downey CBD Progroms and Improvements
The total special and general benefit program activities and budget allocations that will be provided to each individual
parcel assessed in the proposed Downtown Downey CBD are shown in the chart below:
Total Vear I - 2018 - Snecial + General Re—hern `osis
MR111 fir m 1 1!11 1n; 11millsm-uTzi wo -we ",
Year, I - 2018 Proposed SpecigI Benefit Work Plan anil Bud et Allocations
Servlce Cale or Annual Allocallon
Sidewalk Operations (curb to property line services) $130,000 - 51%
District Identity - District Promotion $ 60,000 - 24%
Program Management/Corporate operations $ 53,000 - 21%
Contingency $ 10,589-4%
Total Annual Revenue $ 253,589.00
— -- - ----- - -----
Accordingly, the Board of the Association shall have the right to reallocate up to 10% of the budget line item within the
budget categories based on such cost fluctuations subject to the review and approval by the Board and included in the
Annual Planning Report that will be approved by the Downey City Council pursuant to the CBD Ordinance. Accrued
interest or delinquent payments may be expended in any budget category.
Any funds remaining after the fifteenth year of operation will be rolled over into the renewal budget or returned to
0
mmm All
t ir'
property owners proportionately t• their individualAlso, costs for:i renewal may be expended •:
fundsr of District is not renewed or • for any reason,unexpended •funds will
•ri r ii r i• i i r r rI •- •- ff W. W R. '•
StBIFM'ii islfi'ttrl`N![e, 13F°itt'itrlt°�+'tttf"� atttklt:
("S013011) $ 130,000 51%
Examples of these special benefit services and costs may include, but are not limited to:
❑ Regular sidewalk and gutter sweeping
❑ Regular sidewalk steam cleaning
Beautification of the district
❑ Enhanced trash emptying (over and above city services)
❑ Timely graffiti removal, within 24 hours as necessary
❑ Tree and vegetation maintenance (over and above city services)
❑ Special events maintenance and set up
❑ Maintenance of existing and new public spaces
❑ Hanging plants, planting flowers throughout the district
❑ Possibleprivate security and/or camera system
❑ Administration of the sidewalk operations services or staff
-SUZrvices will assis in enhancing the :"
r ' • • . r r. " 'ri r
to increase vehicular and pedestrian traffic within the CBD that is intended to increase commerce and customer activity,
attract r retain new business and patrons •; assessed parcels within the CBD boundaries,
commercial rents a• commercial • •. the case of -ssed sublidy owned : i funded
Clean services iyrovide cleaner entrances and �tcrimeters for their em�do. visitors, vendors and users of these Goublic
facilities. In the case of assessed residential uses, CBD funded programs and services improve the aesthetic appeal for
tenants, visitors and owners, which, in turn, increase occupancies and rental income.
I:ti"I"ttl4"1` 1tlF N'rt' V ANO STF',F.E'rsl.."wr,�titf iit}L'I, 1t. 4't"N "11151 : $60,000 24%
Examples of these special benefit services and costs may include, but are not limited to:
❑ Web site development and updating
• App development
❑ Management and coordination of special events
IM
I)OWNTOWN M=.Ntr1141:CLZ1 1~tlallilLIU
❑ Social media
❑ Public relations firm
❑ Holiday and seasonal decorations
❑ Branding of Downtown Downey so a positive image is built
❑ Banner programs
❑ Public art displays
❑ Downtown landmark sign and maintenance
❑ Logo development
❑ Public space design and improvements
❑ Administration of District Identity Service
Assessed commercial parcels will spccially benefit from the DISI programs by attracting more customers, emp oyces '
tenants s investors as a result of positive communicationsbetween and • . CBD parcels
enhanced marketing image of r to increase business volume, sales transactions,commercial
occupancies,•:income,r investment return. In the case of assessed publicly owned parcels r
CBD funded DISI programs will publicize public r events on District website and outreach
• r •r the s)=W• •' r r )ilicly twiwl -r,Uccl whichwill traw• r •,, r .
improvevendors and users to these public facilities. In the case of assessed residential uses, CBD funded programs and services
• • District activities and programs tenants. visitorsowners, which, in turm may increase
MMWM1. r •
ENHANcED RESIDENTIAL i 1.I - developments)
Examples of these special benefit services and costs may include:
Future residential condos built within the boundaries of the Downtown Downey CBD will be assessed separately due to
their unique parcel status and special benefit needs in the district. Residential condos buildings or Town Homes will have
the following special benefit services conferred on the frontage their parcels. These services in the future will include, but
will not be limited to:
❑ Installation, stocking and upkeep of pet waste distribution stations on the frontages adjacent to the high
concentrations of residential condo individually assessed parcels;
Ll Enhancement and beautification of sidewalks on the frontages adjacent to the high concentrations of
residential individually assessed parcels;
11 Installation of hanging plants; and enhanced upkeep in the sidewalks surrounding these frontages
adjacent to these residential condos;
IF
DOWNTOWN DOWNEY-COMMUNITY-BENEFl'I' DlSTRI(7T-- ENGIN EE
R'S ItE PORT
❑ Other services requested by the residents that confer special benefit to the areas directly adjacent to the
parcels with high concentrations of residential condos;
❑ Proportional share of the Administrative and Contingency costs to cover the oversight of the Enhanced
PROGRAM MANAGFMFNT AND CORPORATF OPERATIONS' 1 'u
Examples of these special benefit services and costs may include; but are not limited to
❑ Staff and administrative costs
❑ Directors and Officers Insurance
❑ Office related expenses
❑ Rent
❑ Financial reporting and accounting
❑ Legal work
activities that are intended to specially benefit each identified and assessed parcel in the proposed CBD,
CONTINGENCY/CITY AND COUN'ry iws/ LSERVE: $10,589 4%
!I IFt t ► . !
❑ Delinquencies
El City Fees
❑ County fees
FE -M
activities that are intended to specially benefit each identified and assessed parcel in the proposed
and investors as a result of these programs, services and improvements, thereby increasing business volumes, sales
transactions, occupancies, and rental income. These benefits are particular and distinct in that they are not provided to
non -assessed parcels within or outside of the District. Because these programs, services and improvements will only be
X
provided to each individual assessed parcel within the Downtown Downey CBD boundaries, these programs, services and
improvements will constitute "special benefits". Existing City of Downey services will be enhanced, not replaced or
duplicated, by Downtown Downey CBD services.
In the case of the Downtown Downey CBD, the very nature of the purpose of this District is to fund supplemental
programs, improvements and services within the Downtown Downey CBD boundaries above and beyond what is being
currently funded either via normal tax supported methods or other funding sources, These services; programs and
Improvements; are designed to enhance the pedestrian and retail commercial core uses, increase tenancy and marketing of
the mix of retail, entertainment, service, office, government, religious; residential and parking parcels and land uses in the
Downtown Downey CBD and improve the aesthetic appearance of each identified parcel. All benefits derived from the
assessments to be levied on parcels within the Downtown Downey CBD are for services; programs and improvements
directly benefiting each individual parcel within this area and support increased cleanliness; commerce, business attraction
and retention, increased commercial property rental income and improved District identity. No Downtown Downey CBD
funded services, activities or programs will be provided outside of the Downtown Downey CBD boundaries
1 1 i� l a r r .: r. [. • r. ,. . f r.., a:.. r a
to the entirety Af the .......... cost of public f. or r; f operation expenses 1, the
cost of the property related service being provided.
E,ach identified parcel within the district will be assessed f.sed on propertyf only i that parcel.
r"arcels will be assessed based on f r of •rs: building area, land area and street frontage.d
gtssessment rates are applied to the actual measured parameters of parcel and thereby are proportional ti each and
every other identified a!istrict as a whi f.rcels anr ones with larger building areas or
street firontages are expected to impact the demand for services and programs to a greater extent than smaller land and/or
building `.., and, thus, are assigned . higher proportionate degre of assessment program and service costs.The
[froportionality is further achieved by • targeted formula component r,.. for the respective a.:,.- by parcel
f- ,'A f i i 1�
The proportionate special benefit cost for each parcel has been calculated based on optimum proportionate formula
components and is listed as an attachment to this Report as Appendix 1. The individual percentages (i.e. proportionate
relationship to the total special benefit related program and activity costs) are computed by dividing the individual parcel
assessment by the total special benefit program costs.
Finding . From Section (a): "o assessment shall be imposed on any parcel which exceeds the reasonable cost of
iD
DOWNTOWN I)OWNEYCOMMIN]'[-YBENrFIIRIS]-Ria—ENGINEER'S REPOWr
the proportional special benefit conferred on that parcel."
be possible through the Downtown Downey CBD, they are also considerably less than other options considered by the
Downtown Downey CBD renewal proponent group, The actual assessment rate for each parcel within the Downtown
Downey CBD directly relate to the level of service and, in turn ' special benefit to be provided based on the respective
building area� land area, street frontage4 There are two benefit zonesIt is noted that residential condominiums are
I
Finding 5. From Section 4(a): "Parcels ........ that are owned or used by any (public) agency shall not be exempt from
assessment.......... 99
There are 13 identified and assessable publicly owned parcels within the Downtown Downey CBD for which CBD
funded special benefit programs, services and improvements will be provided. All 13 of the publicly owned parcels are
owned by the City of Downey or its Community Development Commission.
For publicly owned parcels and facilities within the CBDI each of these parcels specially benefit from CBD funded
programs services and improvements. The special benefits include cleaner facility entrances and perimeters for their
employees, visitors, vendors and other users of these public locations and facilities. Publicly owned parcels and facilities
will be included in all maps, directories and District advertisements and web displays and are active components of the
Uptown Whittier CBD identity and fabric.
Each identified and assessable publicly owned parcel and facility within the CBD will proportionately specially benefit as
delineated herein from the CBD funded supplemental services, programs and improvements. These services are designed
to improve the cleanliness for visitors, their employees and users of public facilities on publicly owned parcels within the
CBD by reducing litter and debris, each considered detractions to employment, visitation and use of public facilities if not
contained
.pmanaged. In turn, these CBD services will serve to enhance the public service levels provided by
public facilities and parcels within the CBD.
There is no compelling evidence that these identified assessable publicly owned parcels and facilities would not
proportionately specially benefit from all other CBD funded programs, services and improvements as delineated herein
and, thus, will be assessed accordingly. All current publicly owned parcels within the CBD are shown in the following
chart:
an
183229.1
AFN
6254 008 901
Legal Owner
City of DovAiey
Site #
8201
Site Street
2nd St
$
Year 1-2015
Assessment
5,104.96
Percent
2.01%
6254 009 900
City of Downey
11102
La Reina Ave
$
3,115.98
1.23%
6254 016 912
City of Downey
11111
Brookshire Ave
$
16,610.87
6.55%
6254 019 900
City of Downey
8321
2nd St
$
446.34
0.18%
6254 019 901
City of Downey
8320
3rd St
$
446.31
0,18%
6254 020 903
City of Downey
'8313
Firestone Blvd
$
85.76
0 031®
6254 021 919
City of Downey
11131
Brookshire Ave
=$
6,620.60
2,61%
6254 021 922
City of Downey
8435
Firestone Blvd
$
110.49
0.04%
6254 021 923
City of Downey'
8435
Firestone Blvd
$
3,145.08
1.24%
6255 002 900
City of Downey
8356
Firestone Blvd
$
4,349.90
1.72%
6255 003 900
Ciky of Downey
*no Site Address*
$
6,385.72
2.52%
TOTAL
$
46.422.02.
18.31%
6254 019 904
Comm Dev Commission
of Downey City
11022
Downey Ave
$
1.479.15
0,58%
6254 020 913_
Coram D ev Cosnm'ssaon '
.. _
of Downey City
8355
Firestone Blvd
$
1,165.79
0.46%
TOTAL
$
-2,644.94
1,04%
Finding 6, From Section 4(b): "All assessments must be supported by a detailed engineer'sreport prepared by a
registered professional engineer certified by the State of California".
This report serves as the "detailed engineer's report" to support the benefit property assessments proposed to be levied
within the Downtown Downey CBD.
Finding 7. From Section 4(c): "The amount of the proposed assessment for each parcel shall be calculated (along
with) the total amount thereof chargeable to the entire district, the duration of such payments, the reason for such
assessment and the basis upon which the amount of the proposed assessment was calculated."
The individual and total parcel assessments attributable to special property benefits are shown on Appendix I to the
Management District Plan 1 this Report.District and resultant assessment payments will continue for 15 more
years and me be renewed -Wain at that time. The reasons -osed assessments are outlined in Finding
2 above as well as in the Management District Plan. The calculation basis of the proposed assessment is attributed to
building area, land area, street frontage. There are two benefit zones. It is noted that residential condominiums are
IN
Assessment o la Methodoloy
Introduction
The method used to determine special benefits derived by each identified property within a CBD begins with the selection
Downey CBD; the benefit unit may be measured in linear feet of street frontage or parcel size in square feet or building
size in square feet or number of building floors or any combination of these factors. Factor quantities for each parcel are
then measured or otherwise ascertained. From these figures, the amount of benefit units to be assigned to each property
can be calculated. Special circumstances such as unique geography, land uses, development constraints etc. are carefully
reviewed relative to specific programs and improvements to be funded by the CBD in order to determine any levels of
different benefit which may apply on a parcel -by -parcel or categorical basis.
Based on the factors described above such as geography and nature of programs and activities proposed, an assessment
formula is developed which is derivedfroma singular or composite basic benefit unit factor or factors. Within the
assessment formula, different factors may be assigned different "weights" or percentage of values based on their
relationship to programs/services to be funded.
Next, all program • activity costs, including• • District administration and ancillary programcosts
estimated. As provided under Proposition 218, indirect or general benefits for property -related Districts may not be
may be considered. Indirect or general benefit costs, if any, must be identified, calculated and factored out of the
assessment cost basis to produce a "net" cost figure. In addition, Proposition 218 does not exempt government owned
property from being assessed, and if special benefit is determined to be conferred upon such properties, they must be
assessed in proportion to special benefits conferred in a manner similar to privately owned property assessments.
From of senefit unit or "basic net unit cost"be • r ♦ by dividing the total• •
estimated net program c• by • .l number of benefit units. The amountof • parcel
computed at this time by multiplying the Net Unit Cost times the number of Basic Benefit Units per parcel. This is knowl
as "spreading the assessment" or the "assessment spread" in that all special benefit costs are allocated proportionally or
"spread" based on special benefits conferred on benefitting properties within the PBID.
types of programs and activities proposed, and size and development complexity of the District. PBIDs may require
®r
IIOW14`ftiWN DISTRIC-1' ® ENGINEER'S RLPP T
secondary benefit zones to be identified to allow for a tiered assessment formula for variable or "stepped -down" benefits
derived.
Ste 1. Select"Basic Benefit Unit(s)"
Based on the specific needs and corresponding nature of the program activities to be funded by the Downtown Downey
CBD (i.e. sidewalk operations and beautification; district identity; administration/management services; and,
contingency/reserve) it is the opinion of this Assessment Engineer that the assessment factors on which to base
assessment rates relate directly to the proportionate amount of building area, land area and street frontage, except as noted
herein, within two benefit zones.
The interactive application of building area, land area and street frontage quantities are a proven method of fairly and
equitably spreading special benefit costs to the primary beneficiaries of Downtown Downey CBD funded services;
programs and improvements. Each of these factors, except as noted herein, directly relates to the degree of special benefit
each parcel will receive from Downtown Downey CBD funded activities.
is . direct measure of the static utilization- rts correspondingor draw on -
Downtown Downey CBD funded 1 allocated r district identityr opinion of
Assessment En incer the tar2eted weight of this factor, building area based on measured
generate approximately of • Downey CBD revenue to proportionately fun• the specialbenefit
costsr. these related programs and services, It is noted that Benefit Zone 2 shall not be assessed for building
acid area is a direct measure of the current and future development capacity of each parcel and its corresponding impact
or draw on certain Downtown Downey CBD funded activities (i.e. 50% allocated to sidewalk operations/beautification
costs, and balance will fund 100% of program management costs and 100% of contingency/reserve costs). In the opinion
of this Assessment Engineer, the targeted weight of this factor, land area, should gcncrate approximately 25% of the total
Downtown Downey CBD revenue to proportionately fund the special benefit costs for these related programs and
services. it is noted that Benefit Zone 2 shall not be assessed for land area;
Street fi°dnta w is a direct measure of the static utilization of each parcel and its corresponding impact or draw on certain
Downtown Downey CBD funded activities (Le. 100% allocated to fund sidewalk operations/beautification). In the
opinion of this Assessment Engineer, the targeted weight of this factor, street frontage, should generate approximately
52% of the total Downtown Downey CBD revenue to proportionately fund the special benefit costs for these related
programs and services.
H
special -Circumstances
1. E"Xislinp sing1l, tites,
There are several single family residential structures and land uses on commercially zoned parcels within the boundaries
of the proposed District. In the opinion of this Engineer, such land uses proportionately specially benefit on a very
*_n9.n,1. " mi is ft. I
In the case of any future residential condominiums, land area and street fi-ontage quantities do not relate precisely to the
building orientation and configurations of multi -unit, multi floor residential condominium complexes. Thus, it is the
opinion of this Engineer that the condo unit building area is a proven method of fairly and equitably spreading special
benefit costs to these unique property ownerships and land uses. This assessment factor directly relates to the
proportionate amount of special benefit each residential condominium parcel will receive frorn targeted Downtown
Downey CBD funded activities for this land use.
3, Future Commercial Condominiums
While there are no current commercial condominiums within the proposed Downtown Downey CBD, it is
the opinion of this Engineer that such units, if and when built, which are typically located on ground floors
shall be assessed based on actual land area covered, condo building area and direct street frontage for each
unit
Q-0mrLtuore Do—clopai-e—jit
Other than future maximum rates and the assessment methodology delineated in this Report, per State Law (Government
Code Section 53750), future assessments may increase for any given parcel if such an increase is attributable to events
other than an increased rate or revised methodology, such as a change in the density, intensity, or nature of the use of land.
Any change in assessment formula methodology or rates other than as stipulated in this Report would require a new
Proposition 218 ballot procedure in order to approve any such changes.
The "Basic Benefit Units" will be expressed as a combined function of gross building square footage (Benefit Unit "A")
land square footage (Benefit Unit "B"), street frontage (Benefit Unit "C") and residential condominium building area
(Benefit Unit "D"). Based on the shape of the Downtown Downey CBD, as well as the nature of the District program
elements, it is determined that all identified properties will gain a direct and proportionate degree of special benefit based
on the resQective amount of building size., �arcel size and street frontaVe, excej2t as noted herein, within two benefit zones.
0
D!2WNT!2WN D(fWNEY (.aONIIMUNI-t'YBENEITDISTRIKJL=F'N(.INFER'S RE, P0111'
Residential condominiums will gain a direct and proportionate degree of special benefit based on the individual building
area of each unit.
There are two Benefit Zones within the proposed Downtown Downey CBD. Except as noted herein, assessments are
based on three formula components: building square footage; land square footage and street frontage. Residential
condominiums assessments if/when built will be based on the individual building area of each unit,
The Basic Benefit Units are delineated as follows: 1) Benefit Units for the building area, "Unit A", 2) Benefit Units for
the land area, "Unit B"; 3) Benefit Units for street frontage, "Unit C"; and, 4) Benefit Units for future residential
condominium building area, "Unit D".
Step 2. Quantify Total Basic Benefit Units
Taking into account all identified benefiting properties and their respective assessable benefit units, there are 1,156,783
Benefit Units A, 2,073,549 Benefit Units B, 16,130 Benefit Units C and 0 Benefit Units D. The measurable assessable
quantities and corresponding revenue generated by each factor are shown in the tables below:
Benet l Unit_Quantifles by Zone for YR I — 2018
Building AreaII
Sq Ft (Unit A)
Land Area S9 Ft (Unit B) t
M
Assessment RevenueL )y Factor for YR I — 201
Building a
ead Areq Ft (Unit B)
Street ronta e Linear Ft (Unit C)
Step 3. Calculate Benefit Units for Each Property.
The number of Benefit Units for each identified benefiting parcel within the Downtown Downey CBD was computed from
data extracted from County Assessor records and maps. These data sources delineate current land uses, building areas,
property areas and dimensions of record for each tax parcel. While it is understood that this data does not represent legal
In
ti O )i iIINIOWMINAM AM
' 1 r.... • r 1` ,. -1 _. '. '.. � f."f . t i1 ,;1 .!' i M t � - : f f:r' f 1 r' r,'.:
acceptable basis for the purpose of calculating property based assessments. All respective property data being used for
assessment computations provided r each propertyDowntown Downey CBDfor
knownf1 o discrepancies, • r be r
Ste 4. Determine Assessment Formula
Based on the nature of the programs to be funded as well as other rationale outlined in Step I above, it is the opinion of this
Engineer that the Downtown Downey CBD assessments will be based on building area, land area, and street frontage
except as noted within.
Assessment Building Area (Unit A) Sq Ft x Unit A Rate, plus
Land Area (Unit ) Sq Ft x Unit B Rate, plus
Street Frontage (Unit C) Lin Ft x Unit C Rate
rxesidential Condominium1 ! ! Zae
Ass •ssrrt nt Formula Ursit Ratty _ Y e rr I — 2018
' rte 1 4tjfidir r as Rat (Unit A)
$58,542.47 / 1,156,783 sq ft 8/s(I
Zone 1 -Lind Area Rile (Unit )
$63,326.19 / 2,073;549 sq' 0,0305101 Afl
gene 1 &2 Street Frontage Rate (Unit C)
$131,720.86 / 16,130 linear ft — .6 62 41lin 1
I eskle ttt al Condo hate l ,lnit Ill` 0.20ist 11
The complete Yr I — 2018 assessment roll of all parcels to be assessed by this CBD is included as Appendix 1
MI
DOWNTOWN L)L)WNEVCQMNiL!N[*I'YBENt.LrVI)IS-ritIC-r- ENG'INVERS REPORT
Step 5. Estimate District Costs
The projected 15 year special benefit District costs for 2018 - 2032 of the Downtown Downey CBD are shown below in
the Table below assuming a 5% increase per year.
1.5 Tear Proicaed District Special Bene rit (,ostsfnolLo exceed 5% annual increag)
Service
---E_"_FX3
F]'4N'Y5
EV6
FY1
Sidewalk Opmoons,
Beaunficiflon and
$130,000,00
$136,50000
$143,32500
$ 150,491,25
$158,01581
$165,91660
$174,212,43
Oiler
Dig,ica Identity
$60,0000
$63,000M
$66,950_00
$69,457,50
$72,930:38
$76,57689
$80,405-74
pwgam' 1 anagc nePit
- Colp. opemlions
$53,11(10:00
$55,65000
$59432,50
$61,354 13
$64,421 83
$67,642,92
$71,02507
Contingeniwaegme
$10,58900
$11,11845
$11,67437
$12,258 09
$12,871 00
$13,51455
$1451 W27
Total
........ . ...... ...
$253,589.00
... ...
$266,268.45
$279,581.87
$293,560.97
S308,239.01
0.
F$323,650.97
$339,833.51
Service Cage o!,v
Lyg
... XV9
FVJ0
FY11
EY 12
FY13
V14
FY15
Sidewalk Operations,
Bcautificalion and
$182,923,05
$192,06921
$201,67167
$211,756,30
$222,344,12
$233,46132
$245,13439
$245,71804
......... Order
. .. ...
District Identity
$84,426;03
$89,647,33
$93,079,69
$97,733-69
$ 102,620,36
$107;75138
$113,138-95
$113,40833
1'r -gain Management
-Corp Opei ations
$74;576.32
$79,305 14
$82,220,40
$86,331 42
$90,64T99
$95,18039
$99,93940
$100,17736
Conhngency/Reson,e
$14,899,79
$15,644,79
$16,42701
$17,24837
$18,110:78
$19,016,32
$19,967,14
$20,01468
Total
$356,825.19
$374,666.45
$393,399.77
$413�,069.76d
$433,723.25:$455,409.41$478,179.88
$479,318.40
It is recognized that market conditions may cause the cost of providing goods and services to fluctuate from year to year.
Accordingly, the Association Board shall have the right to reallocate up to 10% of the budget line item within the budget
categories based on such cost fluctuations subject to the review and approval by the Board of Directors and included in
the Annual Planning Report that will be approved by the Oakland City Council. Accrued interest or delinquent payments
maybe expended in any budget category.
Any funds remaining after the fifteenth year of operation will be rolled over into the renewal budget or returned to
�takeholders. Also, CBD funds may be used to pay for renewal costs in Operating Years 14 and 15. If the District N-
M_
DOWNTOWN DOWNEY COPANIIJ�j���
11 �ENEFI'fD[S'FRFCT—FNGINEERIS_R �POR�T
not renewed or terminated for any reason, unexpended funds will be returned to the property owners pursuant to State
PBID Law.
Ste l2 6. Separate General Benefits from Special Benefits and Related Costs (Prop 218)
Total Year I adjusted costs are estimated at $258,764 (see Table below). General benefits are factored at 2% of total (see
Finding 2 on page 8 of this report) with special benefits set at 98%. Prop 218 limits the levy of property assessments to
costs attributed to special benefits only. The 2% general benefit cost is computed to be $5,175 with a resultant 98%
special benefit limit computed at $253,589.
Ilei KAIMU-V 11 "
M
Total Year I — 2018 -, smial +!generalBenefit Revenue
All program costs associated with general benefits ($5,175) will be derived from monetary sources other than Downtown
Downey CBD assessments.
General + Snecial Benefit Revenue Sources
Revenue Source
Downtown Downey CBD Assessment Revenue - Year I — 2018)
Other revenues to fund gencral benefit costs ( rants dues rogrm
T'otal Costs — Genera�l _ands e�cial benefits $258,764
Ste 2 7. Calculate "Basic Unit Cost"
With a YR I — 2018 budget of $253,589 (special benefit only), the Basic Unit Costs (rates) are delineated above in Step 4.
Since the Downtown Downey CBD is being formed for a 15 year term, maximum assessments for future years (2019-
2032) must be set at the inception of the CBD. An annual inflationary assessment rate increase not to exceed 5% may be
imposed for future year assessments, on approval by the Association Board. The maximum assessment rates for the 15
year CBD term of 2019-2032 are shown in the Table below, The assessment rates listed constitute the maximum
assessment rates that may be imposed on current development for future years of the Downtown Downey CBD (2019-
2032). Future development will be assessed applying the same methodology used for current development,
flF-[E,JKN (15) VEER JA. LINIUM ASSE591V1E NT RAI'LS (Not to exceed 5% per year)
Assessment Formula
Component FYI FYZ FY3 FY4 FY5
Linear Frontage 8.1663 8.5746 $ 9.0033 9.4535 9.9261
Building Sq. Ft. $ 0.050608 $ 0.053138 $ 0.055795 $ 0.058585 0.061514
M
L)Q VN'TOWN DON VNEY(,�ONlNlt,,-Nl'fYBENEFII'Di,aTilI
Q'- ENGINEER'S REPORT
Lot S.�are Ft.
$
0.030540
$
0.032067
$
0.033670
$
0,035354
$
0,037122
Condo Sq. Ft.
$
0.20000
0.21000
$
0.22050
...... ..... . .. ... .....
0.23153
$
0.24310
Assessment Formula
Component
FY6-
FY7
FY 8
FY9
FYIO
Linear Frontage
$
10.4224
10.9436
S
11.4907
$
12.0653
$
12.6685
Buildin Sq. Ft.
$
0.064590
$
0.067820
$
0.071211
0.074771
$
0.078510
Lot S ua re Ft.
$
0.038978
$
0,040927
$
0.042973
$
0,045121
$
0.047378
Condo Sq. Ft.
$
0.25526
$
0.26802
$
0.28142
$
0.29549
$
0.31027
Assessment Formula
Component
FYII
FY12
FY13
_FY14
FY15
Linear Frontage
13.3020
S
13.9671
$
14.6654,
15.3987
$
16.11686
Building Sq. Ft.
0.082435
9
0.086557
0,090885
S
0.0954291
$
0.100200
Lot Square Ft.
$
0.049746
$
0.052234
$
0.054845
$
0.057588
0.060467
Condo Sq. Ft. _J
$
0.32578
S
0.34207
$
0.
.37713
$
-0i9599
Step 8. Spread the Assessments
The resultant assessment spread calculation results for each parcel within the Downtown Downey CBD are shown in
the Management District Plan and were determined by applying the District assessment formula to each identified
benefiting property.
Bonds: No bonds are to be issued in conjunction with this proposed Cl3D.
Duration As allowed by local CBD Law, the District will have a 15 year operational term bi•
as soon thereafter as assessments can be levied and collected. At that time the District may be renewed again in
returned to property owners based upon each parcel's percentage contribution to the previous fiscal year's assessments.
E
i 6
183229.1
6254 012 011
$3,523.33
6254 012 013
$3,996.82
6254 012 015
$1,559.58
6254 016 912 ;
$16,610.87
6254 018 005
$538.97
6254 018 009 '
$863.92
6254 018 023
$969.39
6254 018 024
$3,682.74
_.
62 54 018 026
-:
$114.52
6254 019 001
$2,445.95
6254 019 003:
$758.41
6254 019 004
$761.41
6254 019 027
$2,148.53
6254 019 028
$4,613.93
6254 019 900
$446.34
6254019901
$446.31
6254 019 904
W $1,479.15
6254 020 001
$119.80
6254 020 002
$717.73
6254 020 003
$951.15
6254 020 014
$1,160.47
6254020 017
$1,739.08
6254 020 020
$836.77
6254 020 023
$1,623.42
6254 020 024
$451.43
6254 020 025 `
$533.85
6254 020 027
$8,257.93
6254 020 028
$1,909.16
6254 020 029
$2,003.14
6254 020 808 '
$2,158.96
6254020 903
$85.76
25
6254 020 913
$1,165.79
6254 021023
$2,059.57
-6254 021025
$1,072.70
6254 021030
$5,032.22
6254 021031
$16,260.95
6254 021919
$6,620.60
6254021922
$110,49 `
6254021923
$3,14508
6255 001 012
$724.83
6255 002 008
$2,204.26
6255 002 009
$3,231.19
6255002010
$977.35
6255 002 011
$1,115.64
6255 002 012
$3,416.56
6255 002 013
$4,067.92
6255 002 023
$2,775.94
6255 002 028
$4,739.43
6255 002 032
$5,888.06
6255 002 033
$2,255.23
6255 002 034
$2,831.13
6255 002 900
$4,349.90
6255 003 001
$3,114.60
6255 003 005
$891.16
6255 003 006
$564.85
6255 003 007
$1,153.76
6255 003 015
$2,659.70`
6255 003 018
$8,010.09
6255 003 019
$2,185.15
6255 003 900
$6,385.72"
TOTAL
$253,589.52
IMWN'LQAN J29W_NL a3VffV BENE IT J TRI '', � ' P_ORT
■® to
r J
Attachment es