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HomeMy WebLinkAbout02. Adopt Reso of Intention to Establish the Downtown Downey CBDAPPROVED BY TO MAYOR ASHTON AND MEMBERS OF THE CITY COUNCIL CITY NIANAGER FROM: OFFICE OF THE CITY MANAGER Y: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JUNE 7, 2018 SUBJECT: RESOLUTION OF INTENTION TO ESTABLISH THE DOWNTOWN DOWNEY COMMUNITY BENEFIT DISTRICT RECOMMENDATION It is recommended the City Council take the following actions related to the proposed Downtown Downey Community Benefit District: 1. Receive and File the petition results for the Downtown Downey Community Benefit District 2. Approve the Updated Community Benefit District Management District Plan; and 3. That the City Council adopt the revised resolution: i • • i i' i r • , r • r f 'i i • r • i • 'r r •i r • •: • • At the May 22, 2018 City Council meeting, City Council received and filed the petitions of support for the Downtown Downey Community Benefit District and approved a Resolution of Intention to proceed with the balloting process to cast votes in favor or opposition of the establishment of a property owner assessment district for Downey's downtown area. Since then, staff has discovered discrepancies between the Management District Plan and the Resolution of Intention, specifically: the district name is different between the two documents; the duration of the district is not clearly articulated; and, the district map doesn't clearly represent the western boundary of the district. Therefore, staff is proposing the following changes: 1. The District name be changed from the Downey Community Benefit District to the "Downtown" Downey Community Benefit District; 2. The duration of the district will not exceed 20 years; and, 3. The district map will be corrected to accurately depict the western boundary. N THE • BENEFIT DISTRICT JUNE 7, 2018 FISCAL IMPACT • Resolution • Intention to '• the Community Benefit District. Attachments: "A" — Resolution of Intention to form the Downtown Downey Community Benefit District "B" — Private Propertv Owner Petition Submission Data 9 RESOLUTION NO. 191:11111=101111610 • WH EREAS�the Dor •, Ordinance, authorizesa establish, • . period not to exceed 1years,option of renewed term notto exceed 20 additional years,• Benefit r :r to promote the economic revitalization and physical maintenance of mixed use and business districts in Downey; d authorizesWHEREAS, the Law • levy and collect assessments on property within such districts forthe purpose of providing :• • • promoting ihat specially benefit real property within such districts; and WHEREAS, Articles i XHID of •rnia Constitution and exceedSection 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 a ow ng the City Council to initiate proceedings, pursuant to the Law, to establish the District not to 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 w o 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 management WHEREAS, a District -lan (Attachment "A") entitled the "Downtown Downey Community- District 2018..- District - "Management District Plan") has been prepared • submitted to the City Clerk, containing all of the information required by •n 36622 of •, • Highway Code, Streets and Highways •d- Section 36600, et seq., and the local• • . description of ' boundaries of - District, the improvements and activities proposed for the District, and the cost of such improvements and activities. NOW, `' •-E, THE CITY COUNCIL OF OF DOWNEY r•' RESOLVEHEREBY AS • • Section 1. All the recitals above are true and correct and are incorporated by reference herein,. Attachment "A" 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 Downtown Downey Community Benefit District and to levy and collect assessments against lots and parcels of real property within the District commencing with fiscal year 2018-19, and for term not to exceed 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 and the Assessment Engineer's Report, on file in the office of the City Clerk (Attachment A). Section 4 The City Clerk shall make the Management District Plan and the District Assessment Engineer's Report and other documents related to the District available to the public for review during normal business hours. Section 5 NOTICE IS 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 in the Management District Plan on file 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 art 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 XIIID,-Section 4 of the California Constitution. *At Section 10. If approved, and as provided in the Engineer's Report, the City may recover its costs associated with the formation of the Downtown Downey Community Benefit District. 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 Downtown Downey Community Benefit District 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 Downtown Downey Community Benefit District. Section 12. Resolution No, 18-7807 is hereby repealed and replaced by this Vesolutio-t. Section 13. The City Clerk shall certify to the adoption of this Resolution. SEAN ASHTON, Mayor MARIA ALICIA DUARTE, CIVIC City Clerk I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a Special Meeting held on the 7t" of June, 2018, by the following vote, to wit: AYES: Council Members: NOES: Council Member: ABSENT: Council Member: ABSTAIN: Council Member: MARIA ALICIA DUARTE, CIVIC City Clerk -"ESOLUTION NO. ATTACHMENT A DowntownDowney Community Benefit District Management District Plan H [Wg,(ITY tliil?",fIl The DowhtoWn Downey Community Beriefit District 2018 Final Plan —April 5t', 2018 Formed Under Section 400 of the Downey City Charter and Article 2, Chapter 14 5 1 1101- r, �* We New City America, Inc. a-iid Corporate Office 0710 W. Ivy Street A San Diego, CA 92101 6 619-233-5009 A Fax 619-239-71M San Francisco Bay Area Office a 954 Lee Avenue, a San Leandro, CA 94577 a 888-356-2726 New England Office: 42 Pearl Street, at New Bedford, MA 1102740 mail@newcityamerica.com k www.newcityamerica.com a Facebook: New City America, In] Downtown • • :- Ta le e 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 21 5. District Rules, Regulations and Governance 32 7. Assessment Roll of Properties Included Attachment: A. Engineer's Report IN U1 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 as the "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 last summer,;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 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 CBD. Changes in Downtown Daawney; 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. 3 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: Capital Improvements • Invested$6.7millionfor 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 Fight 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 0 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 10 and 11. 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/41h Street and the parcels fronting the east side of Downey Avenue between 3rd and 4th Street, excluding the undeveloped parcels east US Bank, but including City Hall. Budget 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. Improvements. Activities and Services of the Downtown Downey CBD Plan:= There are five 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 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 servicesincludethe branding of the Downtown Downey area, marketing and promotions, newsletter, public, relations, media relations, social media, publicity, special events, website development and maintenance, public spacedevelop 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. These special benefit 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." 5 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 Financing: 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 factorsusedin 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:; 1,153,991 sq. feet Lot size: 2,049,768 square feet Linear Frontage: 15,826 linear feet M I 1111! 111 '�- # ♦ ### ♦ :.1 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 Lot square footage $0.030540 per squarefoot per $ 63;326.00 year Linear frontage $8.166254 per linear foot $ 131,720.00 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 assessablebuilding 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 documented 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 MID 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 receive. Lot size and building square footage property assessment will not be paid by Benefit 7 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 hot 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 annualdisestablishmentof 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 disestablishment, shall state the time and placeofthe 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 parcel's percentage contribution to the previous fiscal year's assessments if the District is not renewed. Time and Manner for'Collecting 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 as for the ad valorem property tax paid to the County 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. Government Assessments: The Downtown Downey CBD Management Plan assumes that the City of Downey and the Downey Community Development Commission Housing Successor Agency will pay assessments for the public property they own within the boundaries of the District. Article Xlll D, Section 4 of the California Constitution was added in November of 1996 to provide that public agencies such as the City and Downey Community Development Commission Housing 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 1St, 2018 and expire on November 30th, 2032, with operations winding down by November 30th, 2033, unless the district is renewed by the CBD property owners through a new assessment ballot proceeding. Governance:: 0 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' �o�� means oprivate nonprofit entity that is under contract with o city to administer or /m _~ districtplan. An owners'association maybe an existing nonprofit entity or a newlyformed nonprofit entity. An owners' association /s o pr/vote entity and may not be considered o public entity for any purpose, nor may its board members orstaff beconsidered tmbe public officials for any purpose. ^ MI Section Downtown Downey Community Benefit District Boundaries Boundaries;; The following text will define the boundaries of the Downtown Downey CBD. • Northern boundary: 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 018 024 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 4th Street. Proceed westward to New Street, run southward to include the parcels fronting 3rd Street including parcels 6254 007 013, 6254007 004, and parcel 6254004 028 at the northwest corner of the intersection of La Reina Avenue and 3rd Street. •Southern boundary,Beginning at parcel 6255 002 023 at the northwestern corner of the intersection of Union Pacific Railroad Right -of -Way 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 Union Pacific Railroad Right -of -Way 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. • `esters boundary 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 3rd Street. The western boundary will also include parcel 6254 002 023 which is found to the west of parcel 6254002 024. 11 Em sw x &spa CS NAr #�A Av T t '111111011, 0,111,1,111" 111111 milm =MAIN 12 Section District • • • Activity Plal Process to Establish the Improvement and Activitt 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. Thesurvey information was instrumental in determining the services to be delivered by the CBD. Afollow 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. Since all propertieswould 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 figures are used because they are what each property has in common. 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 demonstrated conceptual support 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: Priori Special Benefit Services —,According to the Surve 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: 14 By a two to one margin, property owner respondents stated that they support services to deal with homelessness and panhandling issues. 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 they 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 forpublicrelations 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 assessmentdistrict 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 topayinto the assessment district (no properties will be exempt). Costs are determined by the type and frequency of services. Meetin .s of the Downtown Downe: GBQ Steering Committee. - In the Fall of 2014, Aldo Schindler, the Director of Community Development 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 theproposeddistrict 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 2111 • August 4th • January 13th, 2016 Marco Li Mandri of New City America continued to meet with Aldo Schindler the Director of Community Development, the City Council and City Council sub=committees, the City Attorney, City staff, and many property owners individually throughout this process. 15 Explanation 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 outlinedin 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 beautificationandenhanced services for the condo residential unit parcels within the District. The total improvement and activity plan budget for FY 2018-19 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 Downe 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 Downtown Downey CBD Special Benefit Service Budgl 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 OPERATIONS BEAUTIFICATION 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: $60,000 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 ❑ 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 ❑ 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 for ❑ Staff and administrative costs ❑ Director's and Officers Insurance ❑ Office related expenses ❑ Rent ❑ Financial reporting and accounting: ❑ Legal work CONTINGENCYICITY AND COUNT( FEES%RESERVE: $10,589 4% Examples of these special benefit services and costs include, but are not limited to: Li 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: Li Installation, stocking and upkeep of pet waste distribution stations on the frontages adjacent to the high concentrations of residential condo individually assessed parcels; • 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; Li Proportional share of the Administrative and Contingency costs to cover the oversight of the Enhanced beautification special benefit services. Fifteen -Year Operating Bud et: 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 by the 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 arid such changes shall be included in the Annual report and submitted to the Downey City Council for review and approvaL Table Downtown Downey CBD Total $253,589.00 $266,268.45 $279,581.87 $293,560.97 $308,239.01 $323,650.97 $339,833.51 IFY1 FY2 IFY3 IFY4 IFY5 FY6 FY7 Sidewalk Operations, $130,000,00 $136,500.00 $143,325.00 $150,491,25 $158,015,81 $165,916,60 $174,212.43 Beauflficafion and Order $245,718.04 District Identity $84,426.03 $88,647.33 $93,079.69 $97,733.68 $102,620.36 District Identity $60,000.00 $63,000.00 $66,150;00 $69.457.50 $72,930.38 $76,576.89 $80,405.74 Prop. Mgmt/Corip. $53,000,00 $55,650.00 $58,432.50 $61,354.13 $64,421,83 $67,642,92 $71,025-07 Operations $18,110.78 $19,016M $19,967,14 $20,014.68 Total $356,825.19 $374,666.45 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 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 10 FY8 IFY9 FY10 FY11 FY12 FY13 FY14 IFY1 5 Sidewalk Operations, Beautification and Order $182,923.05 $192,069.21 $201,672,67 $211,75U0 $222,344.12 $233,461.32 $245,134.39 $245,718.04 District Identity $84,426.03 $88,647.33 $93,079.69 $97,733.68 $102,620.36 $107,751,38 $113,138.95 $113,408,33 Prop. Mgmt/Corp. Operations $74,576.32 $78,305.14 $82,220.40 $86,331.42 $90,647.99 $95,180.39 $99,939.40 $100,177.36 Contingency $14,899,79 $15,644.78 $16,427.01 $17,2437 $18,110.78 $19,016M $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 $479,318:40 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 10 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. 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 or to 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 a 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 income and improved District identity. No CBD funded services, activities or programs will be provided beyond the CBD boundaries. While every attempt 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 a given similar special benefits 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 CBDs 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 FIRM! , alli aI I' r s r s 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: 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 sources can be 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, lot 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 11t, 2018); 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. 22 Total Year 1— 2018 - Special + General Benefit Costs YR 1- 2018 YR 1-2018` ` YR 1- 2018 % of Total Assessment Non -Assessment Total Costs Service Costs 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 sources can be 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, lot 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 11t, 2018); 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. 22 Assessable Data in the CBD: Benefit Zone i Building Square Lot Size (square feet) Linear Frontage Condo Sf footage (square feet) 1,153,991 sq. ft. 2,049,768 15,195 47,114 Benefit Zone 2: , Building Square Footage Lot Size (square feet) Linear Frontage 0 0 631. Total Assessment District Property Variables: Building Square footage Lot Size (square feet) Linear Frontage 1,153,991 _ 2,049,768 15,826 Amount of revenue generated by each benefit zone: Building, Square Footage Lot Size, square footage Linear Frontage Benefit Zone 1 $ 58,542.47 $ 63,326.19 $ 126,567.95 Benefit Zone 2 0 0 $ 5,152.91 Total $ 58,542.47 $ 63,326.19 $131,720.86 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% 0% Total: $ 253,589.00 100% 23 First Year Annual Costs: 0--w—nrown &owne—y U5r.1rYf–Z1,T6- year annIal-assessmenrs per properrTMWOM are as follows: Property Variable First Year Annual Costs Linear Frontage $ 8.166254 per linear foot/year Building Square Footage $ 0.050608 per square -foot/year Lot Size $ 0.030540 per square foot/year Residential Condominiums $ 0.20 per square foot Proportional Allocation of Assessments to Benefiting Property Owners Generation of assessments which fund categories of special benefit services. Funded by Property Variable Approximate Amount First Program Assessment Year Budget - % Sidewalk Operations, Funded by approximately 100% of $ 130,000 —51% Beautification and Order the linear frontage assessments Residential Condo assessments will (the Board decides how this sidewalk and gutter cleaning, pay for services in the some amount will be allocated month by landscaping, steam cleaning, proportion as allocated in the budget month, prioritizing services and public space maintenance proportionally allocating per benefit zones based upon payments made) District Identity and Funded by approximately 100% of Streetscape Improvements the building square footage Residential Condo assessments will (Marketing, promotions, pay for services in the same $ 60,000 — 24% website, social media, events, proportion as allocated in the budget business attraction, public space design) Program Management/ Funded by Lot Size assessments Corporate Operations Residential Condo assessments will Administration, outreach to pay for services in the some $ 53,000 — 21 % public agencies, community proportion as allocated in the budget relations, office rent, supplies, insurance, legal Funded by Lot size assessments Contingency/ Reserve Residential Condo assessments will $10,589 4% pay for services in the same proportion as allocated in the budget Total for all Special Benefit $ 253,589.00 Services El 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. Building Scruare Footage Defined: 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. Lot Square Fogta a 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. 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 street frontage 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 - 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 25 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. 5. Residential tenants may have their dwelling unit sold or have their rent raised arbitrarily due the Jack of ownership of their residential unit. The assessment methodology has 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. 'Exemtions 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. 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 XIII 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 26 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 asdefinedon 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. • Alist 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 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 27 Future Development: As a result of continued new development, the Downtown Downey CBDwillexperience 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 s ss 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. Projected Assessment FY11 FY12 Table 4-A FY14 FY15 Linear Frontage $ Maximum Assessments by Property Variable 13.9671 $ Projected $ 15.3987 $ 16.1686 Building Sq. Ft. $ 0.082435 $ 0.086557 $ Assessment $ FY1 $ FY2 Lot Square Ft. FY3 0.049746 FY4 0.052234 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 $ 11.4907 $ 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 28 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 the original District. 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 2017, 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 penalties for delinquent payment as is provided for the ad valorem property tax. 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 for the disestablishment, shall state the time and placeofthe 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. 29 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 within this plan. Article XIII D, Section 4 of the California Constitution was added in November of 1996 to provide that the City is not 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. Table 4-B Government Owned Parcels in the Downtown Downey CBD 6254 019 904 Community Dev Commission of Downey City 11022 Downey Ave $ 1,479.15 0.58% TOTAL $ 1,479.15 0.58% IM Annual APN Legal Owner Site # 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 0.18% 6254 020 903 City of Downey 8313 Firestone Blvd $ 85.76 0.03% 6254 020 913 City of Downey 8355 Firestone Blvd $ 1,165.79 0.46% 6254021919 City of Downey 11131 Brookshire Ave $ 6,620.60 2.61% 6254021922 City of Downey 8435 Firestone Blvd $ 110.49 0.04% 6254021923 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 City of Downey *no Site $ 6,385.72 Address* 2.52% TOTAL $ 47,587.81 18.77% 6254 019 904 Community Dev Commission of Downey City 11022 Downey Ave $ 1,479.15 0.58% TOTAL $ 1,479.15 0.58% IM There are no specific rules and regulations prescribed for the proposed Downtown Downey Community Benefit DistrictManagementCorporation 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 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 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 an existing nonprofit entity or a newlyformed 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. 31 Implementation • The Downtown i• CBD is expected to •- established and •- assessing •- •. as • fiscal year 2017-18. Due to the timing • revenue collection and need '• .• t owners' association or District Management Corporation, implementation • the Managerne •, Plan and the •- • services is scheduled to • in • around the fall • 201 4., Consistent with the-local-enablin ordinance_the-Downtown-Downeo-CBD-will-have-a-fi- term through November 30, 2033 with operations winding down by November 30, 2033 unlle M APN 021 Annual 6254 011 008 $699.90 $3,115.98 6254 Assessment 6254 011 010 $809.41 6254 001 014 $2,843.36 6254 011 012 $5,262.62 6254 001 017 $4,157.61 6254 011 013 $2,435.07 6254 002 023 $7,060.88 6254 011 014 $1,188.60 6254 002 024 $7,097.53 6254 012 008 $596.39 6254002028 $95.71 6254012009 $623.02 6254 002 029 $113.60 6254 012 010 $2,137.21 6254002 030 $105.08 6254 012 011 $3,523.33 6254002 031 $122.83 6254 012 013 $3,996.82 6254002 032 $122.12 6254 012 015 $1,559.58 6254 002 033 $105.08 6254 016 912 $16,610.87 6254002 034 $113.60 6254 018 005 $538.97 6254 002 035 $90.88 6254 018 023 $969.39 6254002036 $128.51 6254 018 024 $3,682.74 6254 002 037 $127.09 6254 018 028 $863.92 6254 002 038 $125.67 6254 019 001 $2,445.95 6254002 039 $133.27 6254 019 003 $758.41 6254002042 $127.09 6254 019 004 $761.41 6254 002 043 $135.68 6254 019 027 $2,148.53 6254 002 044 $133.27 6254 019 028 $4,613.93 6254002 045 $133.27 6254 019 900 $446.34 6254002046 $133.27 6254019901 $446.31 6254002 047 $133.27 6254 019 904 $1,479.15 6254 002 048 $133.27 6254 020 001 $119.80 6254 002 049 $95.71 6254 020 002 $717.73 6254 002 050 $113.39 6254 020 003 $951.15 6254002 051 $111.90 6254 020 014 $1,160.47 6254002 052 $128.65 6254 020 017 $1,739.08 6254 002053 $128.65 6254020 020 $836.77 6254002 054 $111.90 6254 020 023 $1,623.42 6254 002 055 $113.39 6254 020 024 $451.43 6254002 056 $95.71 6254 020 025 $533.85 6254002 057 $133.27 6254 020 027 $8,257.93 6254004 028 $3,695.31 6254 020 028 $1,909.16 6254 007 004 - $2,676.44 6254 020 029 $2,003.14 6254 007 013 $3,881.48 6254 020 808 $2,158.96 6254 008 005 $8,513.20 6254 020 903 $85.76 6254008 901 $5,104.96 6254 020 913 $1,165.79 6254 009002 $2,017.23 6254 021 023 $2,059.57 6254 009 012 $3,328.59 6254 021 025 $1,072.70 6254 009 013 $773.36 6254 021 030 $5,032.22 6254009 021 014 $1,341.13 6254 009 900 $3,115.98 6254 010 033 $4,042.44 6254 010 034 $2,905.38 6254 010 035 $5,517.83 6254011003 002 008 $2,010.28 M 6254 021 031 $16,260.95 6254 021 919 $6,620.60 6254 021922 $110.49 6254 021 923 $3,145.08 6255 001012 $724.83 6255 002 008 $2,204.26 6255 002 009 $3,231.19 6255 003 001 $3,114.60 6255 002 010 $977.35 6255 003 005 $891.16 6255 002 011 $1,115.64 6255003 006 $564.85' 6255 002 012 $3,416.56 6255 003 007 $1,153.76 6255 002 013 $4,067.92 6255 003 015 $2,659.70 6255 002 023 $2,775.94 6255 003 018 $8,010.09 6255 002 028 $4,739.43 6255 003 019 $2,185.15 6255 002 032 $5,888.06 6255 003 900 $6,385.72" 6255 002033 $2,255.23 6255 002 034 $2,831.13 6255 O02 900 $4,349,90 III DOWNTOWN DOWNEY COMMUNITY BENEFIT DISTRICT - ENG [NEER'S REPORT - Prepared pursuant to the -City of Downey----- — Community Benefit District Ordinance Section 400 Downey City Charter Codified as Municipal Code Article 2, Chapter 14 Prepared by Edward V Henning California Registered Professional Engineer # 26549 Edward Henning & Associates April 5,, 2018 1111117191 JWM 11#11"1010MA5110 faLIKUH09i 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 Mr r- (NOT VALID WITHOUT SIGNA TORE AND CERTIFICATION SEAL HERE) 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, Cal ifomia 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. i ne Towntown Towney CiST is a is a propMT-6=F I C Ir ke It I• , 111�", pursuant to the City of Downey Community Benefit District Ordinance, Section 400 — Downey City Charter and codified under Municipal Code Article 2, Chapter 14 (the "CBD Ordinance") which is based in part on Section 36600 et seq. of the California Streets and Highways Code, also known as the Property and Business Improvement District Law of 1994 (th4 "Act"). Due to the benefit assessment nature 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. SuppjgZgR!gLttoposilion 218 Procedures and Re gmirement, 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 "chaptered" into law as Article XIIID of the California Constitution. Since Prop 218 provisions will affect all subsequent calculations to be made in the final assessment formula for the Downtown Downey CBD, Prop 218 requirements will be taken into account. The key provisions of Prop 218 along with a description of how the Downtown Downey CBD complies with each of these provisions are delineated below. 03721101=11 F1111 ill' Finding 1. 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 113 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 Boulevard and Downey Avenue, extending three blocks north of Firestone Boulevard and one block south and extending 3 blocks west of Downey Avenue and two blocks east. The parcels selected to be included in the Downtown Downey CBD form a unique retail, commercial business and 0 1� + {� r` i ` • r r r i r: 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 shownonthe 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 t o vn v CBQ Boundary: Northern a %caundr ry: Beginning at parcel 6254 016912 (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 018 024 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 4'h 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 comer of the intersection of La Reina Avenue and 3 Street. -,gouthern boiuh Beginning at parcel 6255 002 023 at the northwestern comer of the intersection of Bums Avenue and Brookshire proceed . • including all of parcels frontingon - north side of Bums Avenue including parcel 6255 003 900, (the City parking lot) at the intersection of La Reina Avenue and Bums Avenue. Beginningfiastern bouol&tq� Beginning at parcel 6255 002 023 at the northwestern comer of the intersection Bums Avenue and Brookshire Avenue, proceed northward including all of the parcels on the w( I at the parcel 6255 01 910parking lot)• of frontingReina Avenue and Bums Avenue, proceed northward including the parcels on both sides of the street on Reina • to the parcel 6254 iii 028 at the northwestern• of • of La Reina Avenue and 3 d Street, The western boundary • include parcel 6254 002 023 which is • • • • r . WITIN i' a All identified parcels within the above-mentioned boundaries shall be assessed to fund special benefit programs, services and improvements as outlined herein. Services, programs and improvements will only be provided to these parcels inside the District boundaries r none will be provided • s^ of boundaries. .ch of the individual parcels a 1• i 1 1�= r 1 E, 11101 all r, 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. Finding 2. From Section 4(a): "Separate general benefits (if any) from the special benefts conferred on parcels) Only special benefits are assessable. " BENEFIT 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 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 - 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 :M funded programs and services are currently a mix of office, government, 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. There are fourbasic categories of ♦ benefit servicesbe . • by Downtown Downey CBD. All of conferthese services will r- benefit to the individualparcels within the CBD.• of • benefits L 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 districL Sidewalkoperations services totals $ 130,000 or 5 1 % of the first year annual budget of the new CBD. H 1 Ir 2. I •` the branding . Downtown Downey 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. 3. Enhanced Residential Improvements. • not •entia units in the form of include,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. These special benefit services will but • r• • beautificationblocks density of r {• 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." i it r 1 r `• .' 1t • `. 1 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 di stri ct. Assessed parcels within the CBD are conferred proportionate and unique special benefits from CBD funded 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 but different than commercial parcels. These differences are discussed later in this ReQort and incorDorated into the assessment formula used to calculate assessments for t ese tv1)es FWA the District. These programs, services and improvementsbe provided for the direct benefit of each individual assessed parcel - Downtown Downey r boundaries , • • special r on each assessed parcel. I of Downey services will be enhanced,not r . • or duplicated, • Downtown Downey i r services. M In the case of ` Downtown Downey CBDI the very nature of purpose • r strict is to unrsupp emental programs, • ` and services within the Downtown Downey CBD boundaries above and beyond what is being currently • r either via normalr•• • methods or other funding• programs • the mix of retail, entertainment, service, office, government, religious, residential and parking properties in the Downtown 0 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 DowntownDowneyCBD funded services, activities or programs will be provided outside of the Downtown Downey CBD boundaries. These special benefits are particular and distinct to each and every assessed parcel within the Downtown Downey CBD While every attempt is made to provide CBD services and programs to confer benefits only to those identified assessed parcelswithinthe CBD, the California State Constitution was amended via Proposition 218 to stipulate that general benefits exist, either by design or unintentional, in all assessment districts and that portion of the program costs must be considered attributableto 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 within the District or interest in the District itself. Empirical assessment engineering analysis throughout California has found that general benefits within a given business 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: r.rcel by parcel allocationmethod r •ram/activih-A line item allocation method and (3) The composite district overlay determinant method. A majority of PIDs 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. General Benefit Assessed Parcels within District CBD funded programs are narrowly designed and carefully implemented to specially benefit the assessed District 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 100% of benefits conferred on assessed parcels within theDistrictare distinct and specialandthat there are 0% general benefits conferred on these 9 1i i to I 1 Stamm 01 Keiji -4 parcels. This 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 f-6fTK*iUe,i 'r `• ♦ XiA4at ?S the special benefit assessment formula as it is applied to the unique and varying property characteristics unique to each General Benefit - Public At Large 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 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 a general benefit factor of 0.03 (3%) of CBD funded special benefit program costs that might provide an immediate general benefit to the public at large will be applied to these applicable program costs in order to compute the dollar and percent value of general benefits to the public at large. It is the opinion of this Engineer that the programs that may provide immediate general benefits to the public at large are the SOBO programs. The dollar value of this general benefit type equates to $1,989 as delineated in the following chart: General Benefits To "Public At Larm�! IA % Allocation Dollar of Special General Benefit General Benefit General Benefit Program Element Allocation Benefit Cost Factor Percent (B x Q Value (A x D) SOBO Services $130,000 51% 0.03 1.53% $1,989 General Benefits — Outside Parcels While District programs and services will not be provided directly to parcels outside the District boundaries, it is reasonable to conclude that District services may confer an indirect general 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 16 parcels have commercial uses but are separated from the 0 If r• r. r r • •ILL Based On Over 30 years Of assessment engineering experience, it is the opinion of this Engineer that a benefit factor of L* 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:' omp . ite leneral Benefit 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 $3;341 ($0 +$1;989+ $1,352) or 1,30% of total program costs of $256,930 [$253;589 (special benefit) + $3,341 (general benefits)]. For the purposes of this analysis, this 1.30% value will be conservatively rounded up to 2%.This leaves a value of 98% assigned to special benefit related costs. The 2% general benefit value now equates to $5,175 and when added to the special benefit value of $253,589 (Year 1 —2018/19 assessments) equates to a total Year l — 2018/19 program cost of $258,764. Remaining costs that are attributed to general benefits of $5;175 will need to be derived from other sources. A comparison of special and general benefit funding sources is shown on the chart on page 23, later in this Report. The total special and general benefit program activities and budget allocations that will be provided to each individual r. -f - r ••• f �• ••IMMI 111MMIr • Total Year 1 — 2019 - Special + General Benefit Revenue YR 1— 2018 YR 1— 2018 Assessment Non -Assessment YR 1 -2018 Service Category- Costs Costs Total Costs % of Total Sidewalk 0 erations $130,000 $2,654 $132,654 51% District Identity $60,000 $ 1,224 $61,,224 24% 91 • �, .. Benefit Parcels,in the District omp . ite leneral Benefit 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 $3;341 ($0 +$1;989+ $1,352) or 1,30% of total program costs of $256,930 [$253;589 (special benefit) + $3,341 (general benefits)]. For the purposes of this analysis, this 1.30% value will be conservatively rounded up to 2%.This leaves a value of 98% assigned to special benefit related costs. The 2% general benefit value now equates to $5,175 and when added to the special benefit value of $253,589 (Year 1 —2018/19 assessments) equates to a total Year l — 2018/19 program cost of $258,764. Remaining costs that are attributed to general benefits of $5;175 will need to be derived from other sources. A comparison of special and general benefit funding sources is shown on the chart on page 23, later in this Report. The total special and general benefit program activities and budget allocations that will be provided to each individual r. -f - r ••• f �• ••IMMI 111MMIr • Total Year 1 — 2019 - Special + General Benefit Revenue YR 1— 2018 YR 1— 2018 Assessment Non -Assessment YR 1 -2018 Service Category- Costs Costs Total Costs % of Total Sidewalk 0 erations $130,000 $2,654 $132,654 51% District Identity $60,000 $ 1,224 $61,,224 24% 91 DOWNTOWN DOWNEY COMM N1'TY BE Errr D18T1t1(s r— ENCANEEWS REPORT Pro ram Management $53,000 $1,081 $54,081 21% Contin ency/Reserve $10,589 $216 $10,805 4% Total $253,589.00 $52175 $258,764.00 100% The Year 1 special benefit budget cost allocations are shown In the table below; a Year 1 - 2019 Proposed Special, Benefit Work Plan and Budget Allocations Service Category Annual Allocation - o a bud et Sidewalk Operations (curb to property line services) $130,000 — 51% District Identity — District Promotion $ 60,000 — 24% Program Management/Corporate operations $ 53,000 — 21% �,'. Total Annual Revenue $ 253,589.00 It is recognized that market conditions may cause the cost of providing goods and services to fluctuate from year to year. 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 maybe expended in any budget category. fundsAny c. of operation will be rolled over • the renewal•udget or to property owners proportionately to their individual assessments� Also, costs for the CBD renewal may be expended from funds available at the time of renewal. If the District is not renewed or terminated for any reason, unexpended funds will SIDEWALK 1.$1301000 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 Li Maintenance of existing and new public spaces Hanging plants, planting flowers throughout the district Ll Possible private security and/or camera system ❑ Administration of the sidewalk operations services or staff 1D 0 1111MUN 01131 # # 1. SOB® Services will assist in enhancing the image of each individual assessed parcel in the CBD. This activity is designed to increase vehicular and pedestrian traffic within the CBD that is intended to increase commerce and customer activity, attract and retain new business and patrons for assessed parcels within the CBD boundaries, as well as increase commercial rents and commercial occupancies. In the case of assessed publicly owned parcels and facilities, CBD funded Clean services provide cleaner entrances and perimeters for their employees, visitors, vendors and users of these public 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. DISTRICT IDENTITY AND STREETSCAPE ImPRovrNiE.NTS* $60,000 24% Examples of these special benefit services and costs may include, but are not limited to: E3 Web site development and updating L] App development Lj Management and coordination of special events U Social media L3 Public relations firm Lj Holiday and seasonal decorations E3 Branding of Downtown Downey so a positive image is built U Banner programs E3 Public art displays L3 Downtown landmark sign and maintenance L3 Logo development Lj Public space design and improvements L3 Administration of District Identity Service Assessed commercial parcels will specially benefit from the DISI programs by attracting more customers, employees, tenants and investors as a result of positive communications between and among CBD parcels that will result in an enhanced marketing image of the District intended to increase business volume, sales transactions, commercial occupancies, commercial rental income, and investment return. In the case of assessed publicly owned parcels and facilities, CBD funded DISI programs will publicize public facilities and events on District website and outreach communications for the special benefit of each assessed publicly owned parcel which will draw more employees, visitors, vendors and users to these public facilities. In the case of assessed residential uses, CBD funded programs and services improve communications of District activities and programs to tenants, visitors and owners, which, in turn, may increase occupancies and rental income. W 1! i it I I I N 116-11 -,A Ll I MKIN011111619MA ENHANCED RESIDENTIAL CbN00 UNJT IMP-ROVEMFNTS' (future developments) $ I Future residential condos built within the boundaries of the Downtown Downey CBD will be assesse separate y ue 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 M IN 1 r, Me ITS "M, -me Ll Installation, stocking and upkeep of pet waste distribution stations on the frontages adjacent to t e ig III 111 11 11 . A I . - Li Enhancement and beautification of sidewalks on the frontages adjacent to the big concentrations o LJ Installation of hanging plants, and enhanced upkeep in the sidewalks surrounding these frontages M u Other services requested by the residents that confer special benefit to the areas directly adjacent to t e MIMMMEMEM�� ME= PROGRAM MANAGEMENT AND CORPORATE OPERATIONS: $539000 24'1 T -rey "te 1_ :0 '.— � I I ) j7tKwi Li Staff and administrative costs L3 Directors and Officers Insurance Ll Office related expenses L3 Rent L] Financial reporting and accounting E3 Legal work A -2 6� J1 activities that are intended to specially benefit each identified and assessed parcel in the proposed CBD. M 1111191ii 11 1111 11 CONTINGENCY/CITY AND COUNTY FEES/RESERVE: $10,589 % Examples of these special benefit services and costs include, but are not limited to: ❑ Delinquencies ❑ City Fees ❑ County fees ❑ Reserves • r• • r •• • •(U,54-9,1 r • .• • • •• t activities that are intended to specially benefit each identified and assessed parcel in the proposed CBD. Parcels that receive the programs, services and improvements described above attract more customers, employees, 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. 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 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. Mdjhj From Section1 proportionate sr derived by each parcel in relationship public• or i operation ex••: or cost of the property related service being provided. •- -• ..• • •r. r • . •• . • • •. 1i ii ♦ l r ., .�. Parcels will be assessed based on a combination of factors: uilding area, land area and street frontage� The calculated assessment rates are applied to the actual measured parameters of each parcel and thereby are proportional to each and every other identified parcel within the district as a whole. Larger parcels and ones with larger building areas or larger 7-2 land and/or buildingand, thus, are assigned a higher proportionate degree Of assessment program i service costs. proportionality is further achiev'{ by '• targeted formula component• ir the respective parcel by parcel identified, property: attributes. 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 ,A,? J, ejefit relate; . Droerain and activitv costs) are computed b dividine the individual parcel Finding 4. From Section 4(a): "No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel." Not only are the proposed program costs reasonable due to the benefit of group purchasing and contracting which would 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 assrate for. parcel 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 frontage. There are two benefit zones. It is noted that residential condominiums are 1111111 r 11! 1 1:111111:111:111111g 1111111:11! 111111111!1! Finding . From Section 4(a): "Parcels ........ that are owned or used by any (public) agency shall not be exempt from assessment.........." 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 CBD, 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 r • in all maps,directories and District advertisements and web displays and are active componentsof M Each identified and assessable publicly owned parcel and facility within the CBD will proportionately specially benefit as deli-te?te,41 herei-ti koryt the CBD ftiiVed SUDDlemental services, Qrograrns and imQrovements. 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 and properly managed. In turn, these CBD services will serve to enhance the public service levels provided by public facilities and parcels within the CBD. IM111111111111 . .6 . MOMP. . . . . • 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: Finding.6. From Section O: "All assessments must be supported by a detailed 'engineer's report prepared by registered professional engineer certified by the State of California". .• - . . �• ... • • r. ..r� R Year 1 _ , 2017/18 API Legal Owner Site _ 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 Rema 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% 6254020 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 021 923 City of Downey 8435 Firestone Blvd $ 3,145.08 1.24% 6255 002900 City of Downey 8356 Firestone Blvd $ 4,349.90 1.72% 6255 003 900 City of Downey -inosite-- $ 6,385.72 Address* 2.52% TOTAL $ 46,422.02 18.31% 6254 019 904 Community Dev Commission of Downey City 11022 Downey Ave $ 1,479.15 0.58% 6254 020 913 Community Dev Commission of Downey City 8355 Firestone Blvd $ 1;165.79 0.46% TOTALJ-5 2;644:94 1.04%,___ Finding.6. From Section O: "All assessments must be supported by a detailed 'engineer's report prepared by registered professional engineer certified by the State of California". .• - . . �• ... • • r. ..r� R 1/ I 1 , S r, r ■ r� r um tam 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 1110FITMITU W-MITI1IrITE1UIT-3 9=1 1171111RIV V I'M! 11!1�!lllililll!!,!I�ll�l���K!l,;� The individual and total parcel assessments attributable to special property benefits are shown on Appendix I to the Management District Plan and this ReporL The District and resultant assessment payments will continue for 10 more 11 1 Ip 111,1111111 1111! 1 111 !!1 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 MEMXIMRU��� Assessment Formula Methodolo Introduction The method used to determine special benefits derived by each identified property within a CBD begins with the selection of a suitable and tangible basic benefit unit. For property related services, such as those proposed in the Downtown 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 1 11110 , 11 11 Based on the factors described above such as geography and nature of programs and activities proposed, an assessment formula is developed which is derived from a 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 and activity costs, including incidental costs, District administration and ancillary program costs, are estimated. It is noted, as stipulated in Proposition 218, and now required of all property based assessment Districts, ?,ni 4,kiat*#4141a direct or "special" benefits and costs 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 no MUM # 0 11!1!1!1!11!1! INIIII! lli!illll!iil!l!lillllli!l!lll! I conferred upon such properties, they must be assessed in proportion to special benefits conferred in a manner similar to privately owned property assessments. M From this, the value of a basic benefit unit or "basic net unit cost" can be computed by dividing the total amount of estimated net program costs by the total number of benefit units. The amount of assessment for each parcel can be 1 -1 4641 some, 111 IN i 11! 111111 g vninnnill types of programs and activities proposed, and size and development complexity of the District. Is may require secondary benefit zones to be identified to allow for a tiered assessment formula for variable or "stepped -down" benefits derived. Step 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 ggirligimili ri 11 11•- I is a direct measure of the static utilization of each parcel and its corresponding impact • iraw on certain Downtown Downey CBD funded activities (i.e. 100% allocated to district identity costs). In the opinion of this Assessment Engineer, the targeted weight of this factor, building area, based on measured property characteristics, should generate approximately 23% 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 building area. Land area is a direct measure of the current and future develo-,iment ca:iacit�i of each :iarcel and its correslondinjimcact or draw on certain Downtown Downey CBD funded activities (i.e. 50% allocated to sidewalk operationsibeautification costs, and balance will fund 100% of program management costs and 100% of contingency/reserve coe opinion of this Assessment Engineer, the targeted weight of this factor, land area, should generate approximately 25% of the total Downtown Downey CBD revenue to proportionately fund the special benefit costs for these related programs and W 1� • 1� A' � w� � + 1 r r r � r services. It is noted that Benefit Zone 2 shall not be assessed for land area� §irftfj�onta 0 is a direct measure of the static utilization of each parcel and its corresponding impact or draw on certain Downtown Downey CBD funded activities (i.e. 100% allocated to fund sidewalk operati6ns/beautification). In the opinion of this Assessment Engineer, the targeted weight of this factor, street frontage, should generate approximately 'r of • Downtown Downey CBD revenue to proportionately funf the special benefit costsfor _ _ related programs and services. Special Circumstances •_... •` 1 i•.. In the case of any future residential condominiums, land area and street frontage quantities do not relate precisely to _ 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 proportionateamountof special benefit each, residential condominium parcel will receive from targeted Downtown Downey CBD funded activities for this land use. 2; Future Commercial . • `•-Use Condomi While there are no current commercialor • condominiums proposed !i f Downey I I - -i r< -f 1 : a + • -iIwo M mixed-use com�21ex, suecial methodologies are needed to address the lev% of assessments on suchJ,?,n,4. uses ?s follows: WM-Ftoor Commercial 061v Condotnini tuns Multi -Floor Mixed -Use Condominiums Commercial condo building area assessed at respective commercial building area rate Residential condo units would be assessed at 20 cents per square foot of building area plus any annual - Land assessed at land area rate (assessed on floor commercialcondos . land area • -f...: - Frontage assessed at frontage rate (assessed on I st floor commercial. condos for actual street frontag m rrM Other Future Deveiornnt 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 ""). 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 respective amount of building size, parcel size and street frontage, except as noted herein, within two benefit zones; Residential condominiums will gain a direct and proportionate degree of special benefit based on the individual building area of each unit. There are r Benefit Zonesproposed ii • Downey CBD. Except• "i herein, assessments are based on r components: building squarefootage;r square• • 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 ";_3) Benefit Units for street frontage, "Unit C' and, 4) Benefit Units for future residential condominium building area, "Unit W. - Step 2. Quantify Total Basic Benefit Units Taking into account all identified benefiting properties and their respective assessable benefit units, there are 1,153,991 Benefit Units A, 2,049,768 Benefit Units B, 15,195 Benefit Units C and 0 Benefit Units D. The measurable assessable :- � f f • . I � f Rol Assessincut,Revenue by Factor for YR I - 2018/19 Step 3. -Calculate -Benefit Units for Each Property® - I i• M my =1 NOW I • • • � 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 field survey measurements or detailed title search of recorded land subdivision maps or building records, it does provide an acceptable basis for the purpose of calculating property based assessments. All respective property data being used for assessment computations will be provided to each property owner in the Downtown Downey CBD for their review. All known or reported discrepancies, errors or misinformation will be corrected. 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 MEH�•� Assessment Building Area (Unit A) Sq Ft x Unit A Rate, plus Land Area (Unit B) Sq Ft x Unit B Rate, plus 33MBULIM • Zone I Building Area Rate (Unit A) $58,542.47 /"1 153,991 sq ft = M050608/so ft M Zone l Land Area Date (Unit ) $63,326.19 / 2,049,768 sq ft !$(Q)ff30-540/sq ft' Zone 1 &2 StLeel 1"ronta,ge late (Unit C) $131,720.86 / 13,195 linear ft = $8166254/lin ft Residential Condo Rate (_Quit D r $0.20/sg t Step 5. Estimate District Costs The projected 15 year special benefit District costs for 2019 — 2034 of the Downtown Downey CBD are shown below in .a fm rr v a t5 Year Projected District Special BenefitC,osts not to exceed 5% anntlat increasc SerY1C¢ Cate Or FYI FY2 FY3 FY4 FYS' FY6 FY7 Sidewalk Operations, Beautification and $130,000.00 $136,500,00 '$143,325.00 $150,491.25 $158,015.81 $165,916.60 $174,212.43 Order District identity $60,000.00 $63,000.00 $66,150.00 $69;457.50' $72,930,38 $76,576.89 $80,405;74 Program, Management $53,000.00 $55,650:00 - Corp, Operations $58,432.50 $61354„13 $64,421;83 $67,642.92 $71,025.07 Contingency/Reserve $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 $323,65097 - $339,833.51 f S0rV1C0 Cate Ory FY8 FY9 FY10--- FY1I FY12 FY13 FY 14 FY15 Sidewalk Operations= Beautification and $182,923.05 $192,069.21 $201,672.67 $211,756,30 ` $222,344.12 $233,461.32 $245;134.39 $245,718.04 Order District Identity $84,426,03 $88,647.33 $93,079.69 $97,733.68: $102,620.36 ; $107,751.38 $113,138.95 $113,408.33 Program Management $74;576.32 $78,305.14 - Corp;, Operations $82,220.40 $86,331,42) $90;647;99 $95,180.39: $99,939.40 $100,177.36 Contingency/Reserve $14,899.79 $15,644.78 $16,427.01 $17,248.37 $18,110.78 $19,01632 : $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 $479,318.40 FA It is recognize t at mar et conditions may cause t e cost of provi ing goo s an services to uctuate om year to yean 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 • ,• • r a•- -+• Any 'funds remaining after the fifteenth year of operationwill be rolled over into the renewal budget or returned to stakeholders. Also, CBD funds may be used to pay for renewal costs in Operating Years 14 and 15. If the District is not renewed or terminated for any reason, unexpended funds will be returned to the property owners pursuant to State Step 6. Separate General Benefits from Special Benefits and Related Costs (Prop 218) Total 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% benefit cost is computed to be $5,175 with a resultant 98%special benefit limit computed at $253,589. 7his is the maximum amount ca revenge that van be glerived raver t°r� sideect (713 11 Total Year,,I,, 2019 -,Special +General Benefit Revenue General + S ectal enefit Revenue Sources Revenue Source Downey CBD Assessment Revenue - Year I — 2018) IQ wi II • • • special benefits IN Stel2 7. Calculate"Basic Unit Cost" With a YR 1 - 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 I year CD term of i ' 1'32 are shown in the Tablebelow. The assessment rates listed constitute the ma I assessment rates that maybe imposed for future years of the Downtown Downey -CBD (2018-2032). FIFTEEN i YEAR M XtMUM ASSESSMENT RATES jNot to exceed % er yearl Assessment Formula Component FYI FY2 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 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 Assessment Formula Component FY6 FY7 FY8 FY9 FY10 Linear Frontage _ $ 10.4224 $ 10.9436 $ 11.4907 $ 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 Assessment Formula Component FY11 FY12 -- FY13FY14 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 Ste 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 R Duration As allowed by local CBD Law, the District will have a 15 year operational term beginning Decem er 1, 20M At that time the District may be renewed again in accordance with the provisions of the CBD Ordinance. If the District is not renewed, unencumbered surplus funds will be returned to property owners based upon each parcel's percentage contribution to the previousfi—scalyear's assessments. - M 1111111117KNEIVA► I I ► r 1 DUE" 191o101MaDi01116 1� APN Annual 6254 008 005 $8,513.20 Assessment 6254 008 901 $5,104.96 6254 001014 $2,843.36 6254 009 002 $2,017.23 6254 001017 $4,157.61 6254 009 012 $3,328.59 6254 002 023 $7,060.88 6254 009 013 $773.36 6254 002 024 $7,097.53 6254 009 014 $1,341.13 6254 002028 $95.71 6254 009 900 $3,115.98 6254 002 029 $113.60 6254 010 033 $4,042.44 6254002 030 $105.08 6254 010 034 $2,905.38 6254 002 031 $122.83 6254 010 035 $5,517.83 6254002 032 $122.12 6254011 003 $2,010.28 6254002033 $105.08 6254011008 $699.90 6254 002 034 $113.60 6254 011010 $809.41 6254 002 035 $90.88 6254 011012 $5,262.62 6254 002 036 $128.51 6254 011013 $2,435.07 6254 002 037 $127.09 6254 011014 $1,188.60 6254 002038 $125.67 6254 012 008 $596.39 6254 002 039 $133.27 6254 012 009 $623.02 6254002 042 $127.09 6254 012 010 $2,137.21 6254002043 $135.68 6254012011 $3,523.33 6254 002 044 $133.27 6254 012 013 $3,996.82 6254 002 045 $133.27 6254012 015 $1,559.58 6254 002 046 $133.27 6254 016 912 $16,610.87 6254 002 047 $133.27 6254 018 005 $538.97 6254 002 048 $133.27 6254018 023 $969.39 6254002 049 $95.71 6254 018 024 $3,682.74 6254 002 050 $113.39 6254 018 028 $863.92 6254002 051 $111.90 6254 019 001 $2,445.95 6254 002 052 $128.65 6254 019 003 $758.41 6254002 053 $128.65 6254 019 004 $761.41 6254 002 054 $111.90 6254 019027 $2,148.53 6254 002 055 $113.39 6254019 028 $4,613.93 6254002 056 $95.71 6254 019900 $446.34 6254 002 057 $133.27 6254019 901 $446.31 6254004 028 $3,695.31 6254 019 904 $1,479.15 6254 007 004 $2,676.44 6254 020 001 $119.80` 6254 007 013 $3,881.48 6254 020 002 $717.73 26 6254 020 003 $951.15 6255 002 008 $2,204.26' ' 6254 020 014 $1,160.47 6255 002 009 $3,231.19 6254 020 017 $1,739.08 6255 002 010 $977.35 6254 020020 $836.77 6255 002 011 $1,115.64 6254 020 023 $1,623.42 6255 002 012 $3,416.56 6254 020 024 $451.43 6255002013 $4,067.92 6254 020 025 $533.85 6255 002 023 $2,775.94 6254 020 027 $8,257.93 6255 002 028 $4,739.43 6254 020 028 $1,909.16 6255 002 032 $5,888.06 6254 020 029 $2,003.14 6255 002 033 $2,255.23 6-254020-808 $2,15&96 6255 002 034 $2;831.13 6254 020 903 $85.76 6255 002 900 $4,349.90 6254 020 913 $1,165.79 6255003001 $3,114.60 6254 021 023 $2,059.57 6255 003 005 $891.16 6254 021 025 $1,072.70 6255 003 006 $564.85 6254 021030 $5,032.22 6255 003 007 $1,153.76 6254 021 031 $16,260.95 6255 003 015 $2,659.70 6254 021919 $6,620.60 6255 003018 $8,010.09 6254 021 922 $110.49 6255 003 019 $2,185.15 6254 021 923 $3,145.08 6255 003 900 $6,385.72 6255 001012 $724.83 0 musimi ON 1111mi I I I I I I I f d� 3 r: x a 4 �n M !r5 N N tP, •/lyyco ° a 0 0 0 0 -.-0 -.-0 -0-0 0 -0-0 -0-0 \ 0 \ 0 \ 0 \ 0 \0 0 0° 0 \° 0 \ 0 \o 0 \o \o 0 0 r (D 00100 I;t I- M N 0) ti r r 00 M M 00 It M '00 'N N O O � N Ln N 'O Lq L� 00 (O (q N N ti N p ti LL) d; N "I: (YJ O r O 'Ch r O C) i O co 0 O r O 0 O r O O 'M r I N M' i V (0 N O N %d-� M N O Ln O (U V) 0 0 mt m M 0� co 0 OR r U?d 00 0 V) co m O r a) O N L* u"I: ti ti co O (O co 00 ' M It O 00 Ln � 00 O r CO CO f CO N (D LO LO (0r 0 O I N co -,:I-LO O O Ln r CO qt CO O CN O C O r M Lf) m cod r r 0 r' r 0) In (fl It t- f� oo co N N 1 m (D Ln : f� N r r Lo 'Op M r Ln VI). 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