APPLE VALLEY VILLAGE PBID – MANAGEMENT DISTRICT PLAN
4 Eastern Boundary: The parcels located to the east of the eastern PBID boundaries are a combination of scattered businesses and vacant land along the south side of Highway 18 and solely residential zoning and land uses southeast of this strip. The commercial uses east of Central are not considered part of the core historic Apple Valley Village and thus, are not included in the District.
Southern Boundary: The southern boundary of the AVV PBID was determined by zoning and land uses where properties located to the south of the southern PBID boundary are mainly zoned and/or developed solely residential with residential land uses while those north of the southern boundary are zoned commercial. For the reason stated above, these single use residential neighborhoods are not included in the AVV PBID.
Western Boundary: The western boundary of the AVV PBID was determined by zoning and land uses where properties located to the west of the western PBID boundary are mainly zoned and/or developed solely residential with residential land uses while those east of the western boundary are zoned commercial.
For the reason stated above, these single use residential neighborhoods are not included in the AVV PBID.
It is noted that 4 parcels included in the boundary expansion on the east side of Navajo north of Powhatan are zoned R-M (multi-family residential) and can be included in the PBID, but not assessed. While direct PBID special benefits and services will not be provided to these non-assessed parcels, inclusion of these parcels will enable the PBID to extend Village image enhancement elements such as banners, street signs and other Village related amenities and activities along this street.
A list of all parcels included in the proposed AVV PBID is shown as Appendix 1, attached to this Plan with their respective San Bernardino County assessor parcel number. The boundary of the proposed AVV PBID and benefit zones are shown on the map of the proposed renewed AVV PBID attached as Appendix 2 to this Plan.
All identified parcels within the above-described boundaries shall be assessed to fund supplemental special benefit programs, services and improvements as outlined in this Plan and in the Management District Plan.
All PBID funded services, programs and improvements provided within the above-described boundaries shall confer special benefit to identified assessed parcels inside the PBID boundaries and none will be provided outside of the PBID. Each identified and assessed parcel within the AVV PBID will proportionately specially benefit from the PBID funded supplemental security, marketing, streetscape/beautification/image enhancement and administration/operations. These services, programs and improvements are intended to improve commerce, employment, rents and occupancy rates of assessed parcels and businesses within the AVV PBID by reducing crime, improving the Village aesthetics and professionally marketing goods and services available within the PBID, all considered necessary in a competitive properly managed business district. All PBID funded services programs and improvements are considered supplemental, above normal base level services provided by the Town of Apple Valley and are only provided for the special benefit of assessed parcels within the boundaries of the AVV PBID.
APPLE VALLEY VILLAGE PBID – MANAGEMENT DISTRICT PLAN
5 III. Proposed 10 -Year AVV PBID Work Plan and Budget
Overview
The Programs and activities to be funded by the AVV PBID include security, marketing, streetscape/ beautification/image enhancement and administration/operations The property uses within the boundaries of the AVV PBID that will receive special benefits from AVV PBID funded programs, services and improvements are a unique mix of retail, restaurant, service, office, non-profit/government, light industrial and some residential. Services, programs and improvements provided and funded by the AVV PBID are primarily designed to provide special benefits as described below to identified assessed parcels within the boundaries of the AVV PBID.
These special benefits are particular and distinct to each and every identified assessed parcel within the AVV PBID and are not provided to non-assessed parcels outside of the AVV PBID. These programs, services and improvements will only be provided to each individual assessed parcel within the AVV PBID boundaries and, in turn, confer proportionate "special benefits” to each assessed parcel.
The very nature of the purpose of the AVV PBID is to fund supplemental programs, services and improvements to assessed parcels within the AVV PBID boundaries above and beyond the base line services provided by the Town of Apple Valley. The Town of Apple Valley does not provide these supplemental programs and services. All benefits derived from the assessments to be levied on assessed parcels within the AVV PBID are for services, programs and improvements directly benefiting each individual assessed parcel within the AVV PBID. No AVV PBID funded services, activities or programs will be provided outside of the AVV PBID boundaries.
The program special benefit cost allocations of the AVV PBID assessment revenues for Year 1 (2023) are shown in the Table on page 9 of this Plan. The projected program special benefit cost allocations of the AVV PBID assessment revenues for the 10-year AVV PBID term, assuming a 6% maximum annual assessment rate increase, are shown in the Table on pages 9/10 of this Plan.
WORK PLAN DETAILS
The services to be provided by the AVV PBID (i.e. security, marketing, streetscape/ beautification/image enhancement and administration/operations) are all designed to contribute to the cohesive commercial and industrial fabric of Apple Valley Village and to improve the economic success and vitality of each assessed parcel within the AVV PBID. The assessed parcels in the AVV PBID will specially benefit from the AVV PBID programs in the form of increasing commerce and improving economic success and vitality through meeting the AVV PBID Goals: to improve security, beautification, landscaping, livability and to attract and retain businesses and services, generate more pedestrian and visitor traffic.
Assessed commercial and industrial parcels are conferred proportionate special benefits from all PBID funded programs, services and improvements which are intended to attract more customers, users, visitors, employees, tenants and investors. For these parcels, PBID programs, services and improvements are designed to increase business volumes, sales transactions, commercial/industrial occupancies and rental
APPLE VALLEY VILLAGE PBID – MANAGEMENT DISTRICT PLAN
6 income. These programs, services and improvements are designed to improve commerce, security and aesthetic appeal for patrons, visitors and employees of these parcels within the AVV PBID by reducing crime, enhancing the physical image and professionally marketing the array of goods and services available within the AVV PBID, all considered necessary in a competitive properly managed business district.
For non-profit/government owned and occupied parcels and facilities within the AVV PBID, it is the opinion of the Assessment Engineer that each of these parcels specially benefit from AVV PBID funded programs and services from safer facilities and an improved physical image for their employees, visitors, vendors and other users of these non-profit/government locations and facilities.
For assessed residential parcels within the AVV PBID (all located on commercial zoned parcels), it is the opinion of the Assessment Engineer that each of these parcels and uses specially benefit, but differently than commercial type parcels, from AVV PBID funded programs and services from security and image enhancement improvements and programs designed to improve the security, image, marketability and livability of these parcels and residential units on them. The proportionate special benefits conferred on all assessed residential parcels and units shall be considered in proportion to those conferred on commercial parcels within the AVV PBID. Assessed parcels with residential uses on them are assessed based on land area and street frontage and not on residential used building areas. For these parcels, PBID programs, services and improvements are designed to increase residential rental occupancies and rental income. These programs, services and improvements are designed to improve security and aesthetic appeal for tenants, visitors and landlords of these parcels within the AVV PBID by reducing crime, improving the physical image of the area and professionally marketing the availability of residential rental units within the AVV PBID and the nearby array of goods, services and activities, all considered necessary in a competitive properly managed contemporary mixed-use business district.
These benefits are particular and distinct to each and every identified and assessed parcel within the AVV PBID and are not provided to non-assessed parcels outside of the PBID. These programs, services and improvements will only be provided to each individual assessed parcel within the PBID boundaries and, in turn, confer proportionate "special benefits” to each assessed parcel.
The following programs, services and improvements are proposed by the AVV PBID to specially benefit each and every individually assessed parcel within the AVV PBID boundaries. AVV PBID services, programs and improvements will not be provided to parcels outside the AVV PBID boundary. Assessment funds generated in each benefit zone shall only be used to provide services which specially benefit individual assessed parcels within that benefit zone.
Security
The Security component includes deploying a periodic dedicated private security patrol or San Bernardino County Sheriff Patrol service via Sheriff vehicles throughout the AVV PBID with varying schedules day/night/weekends checking for/reporting on – crime, graffiti, vandalism and suspicious activities. The patrol also makes pedestrian checks and traffic stops (Sheriff only) within the AVV PBID as well as makes business contacts and assesses business location security. The security service provides regular written and oral reports to the PBID Association and disseminates special security and crime related alerts.
APPLE VALLEY VILLAGE PBID – MANAGEMENT DISTRICT PLAN
7 The security services component is designed to specially benefit each identified and assessed parcel and land use within the AVV PBID. This element is designed to establish and keep the Village a safe place to visit, work, transact business, shop and dine. Security services are designed to attract more customers, clients, employees, tenants and investors which potentially would increase business volumes, sales transactions, occupancies and rental income. Security services will be provided only within the AVV PBID boundaries and for the special benefit of identified and assessed parcels and land uses within the AVV PBID.
Marketing
The Marketing component could include but is not limited to: newsletters, website and social media management, development and distribution of promotional materials, seasonal decorations, special events, media advertising and other programs that will promote the array of goods and services available within the AVV PBID.
This component is designed to specially benefit and improve the marketability of assessed parcels within the AVV PBID. This element is designed to attract more customers, clients, visitors, employees, tenants and investors which potentially would increase business volumes, sales transactions, occupancies, rental income and return on investments. Marketing programs will only be provided for identified and assessed parcels located within the PBID boundaries.
Streetscape/ Beautification/Image Enhancement
The Streetscape/Beautification/Image Enhancement category includes specialized maintenance of PBID funded improvements and funding of physical amenities and beautification projects for the special benefit of each identified and assessed parcel within the AVV PBID. Maintenance includes regular upkeep and irrigation for the PBID funded center median island improvements along Highway 18 as well as placement, rotation and upkeep of seasonal pole banners along Highway 18 and placement of business directory signs also located along Highway 18. Types of physical amenities and beautification projects include: seasonal pole banners; business directory signs and landscape replacement along the Highway 18 center median island; a private property aesthetic and rehabilitation grant program (ARGP) and, other streetscape related improvements, as approved by the Apple Valley Village Board of Directors.
The Streetscape/Beautification/Image Enhancement category also may include Special Projects such as phased future capital improvement projects funded from PBID capital reserves which might include but are not limited to: Highway 18 and Outer Highway 18 storm water drainage improvements (culverts, channels, catch basins, street and gutter regrading and realignment); street grading/pavement/re-pavement; installation of Village theme streetscape elements such as signage, lighting, displays and landscaping; and, other projects as approved by the PBID Association Board of Directors. As was done in the past with the Highway 18 center median island landscaping and beautification project, outside matching private and public grant funds will be sought to maximize the value of PBID assessment dollars. Because the timing of gaining approval and receipt of such outside funds is a variable, the exact implementation and phasing of Special Projects will vary and be dependent on outside factors.
This component is designed to specially benefit and improve the aesthetic appeal of each identified and assessed parcel within the PBID and attract more customers, clients, visitors, employees, tenants, and investors which potentially would increase business volumes, sales transactions, occupancies and rental
APPLE VALLEY VILLAGE PBID – MANAGEMENT DISTRICT PLAN
8 income. The Streetscape/Beautification/Image Enhancement component is designed to specially benefit each identified and assessed parcel within the AVV PBID by improving the appearance and amenities in the public realm to benefit assessed parcels in the AVV PBID as an attractive and inviting place to work, visit, transact business, shop and dine. Streetscape Beautification improvements will only be provided for identified and assessed parcels and their businesses and occupants located within the PBID boundaries.
Administration/Operations
Included in the Administration & Operations component are the costs for PBID management, consultants, accounting, legal, bank charges, annual report and Directors and Officers and General Liability insurance and other office and operation expenses. This component also includes County collection fees, allowance for delinquent assessment payments and other variable and unforeseen expenses related to each program element. This program element also includes assessment reserves being held for future capital improvement projects. A portion of PBID assessment funds remaining in the last two years of the proposed PBID renewal term may be used to develop the Management District Plan, Engineer’s Report and related renewal costs for the following renewal term.
This component is key to the proper expenditure of PBID assessment funds and the administration of PBID programs and activities. This component exists only for the purposes of the PBID and will only be provided for matters specially benefitting each individual assessed parcel within the AVV PBID.
In summary, all AVV PBID funded services, programs and improvements described above confer special benefits to identified assessed parcels inside the AVV PBID boundaries and none will be provided outside of the AVV PBID. Each assessed parcel within the AVV PBID will proportionately specially benefit from security, marketing, streetscape/beautification/image enhancement and administration/operations. These services, programs and improvements are intended to improve commerce, employment, rents and occupancy rates of assessed parcels within the AVV PBID by deterring crime, reducing litter, installing physical improvements and professionally marketing goods, services and spaces available within the AVV PBID, all necessary in a competitive properly managed contemporary business district. All AVV PBID funded services programs and improvements are considered supplemental, above normal base level services provided by the Town of Apple Valley and are only provided for the special benefit of each and every assessed parcel within the boundaries of the AVV PBID.
WORK PLAN BUDGET
Each identified assessed parcel within the AVV PBID will be assessed the full amount of the proportionate special benefit conferred upon it based on the level of AVV PBID funded services provided within each benefit zone. The projected AVV PBID program special benefit (assessments) allocation budget for Year 1 (2023) is shown in the following Table:
APPLE VALLEY VILLAGE PBID – MANAGEMENT DISTRICT PLAN
9 AVV PBID Year 1 (2023) Special Benefit Assessment Budget by Zone
BENEFIT
ZONE SECURITY MARKETING
STREETSCAPE,
BEAUTIFICATION
& IMAGE
ENHANCEMENT
ADMINISTRATION
& OPERATIONS TOTAL
% 24.3% 28.0% 21.9% 25.8% 100%
A $31,884 $36,790 $28,819 $33,924 $131,417
B $20,116 $23,210 $18,181 $21,403 $82,910
TOTAL $52,000 $60,000 $47,000 $55,327 $214,327
In order to carry out the AVV PBID programs outlined in the previous section, a Year 1-2023 assessment budget of $214,327 is projected. Since the AVV PBID is planned for a 10-year term, projected program costs for future years (Years 2-10) are set at the inception of the AVV PBID. While future inflationary and other program cost increases are unknown at this point, a maximum increase of 6% per year, commensurate to special benefits conferred on each assessed parcel is incorporated into the projected program costs and assessment rates for the 10-year AVV PBID term.
Funding carryovers, if any, may be reapportioned the following year for related programs, services and improvements in accordance with this Management District Plan. Detailed annual budgets will be prepared by the Owners’ Association Board and included in the Annual Report for the Apple Valley Town Council’s review and approval.
It is recognized that market conditions may cause the cost of providing goods and services to fluctuate from year to year during the 10-year term of the proposed renewed AVV PBID. Accordingly, the Owners’ Association shall have the ability to reallocate any budget line item within the budget categories, based on such cost fluctuations subject to the review and approval by the Owners’ Association Board. Such reallocation will be included in the Annual Report for the approval by the Apple Valley Town Council pursuant to the Streets and Highways Code Section 36650. Any accrued interest or delinquent payments may be expended in any budget category in accordance with this Management District Plan.
A 10-year projected AVV PBID special benefit budget is shown in the following Table:
YEAR 1-10 PROJECTED AVV PBID ASSESSMENT BUDGET SUMMARY (Special Benefits) (Assumes 6% max rate increase per year)
YEAR
BENEFIT
ZONE SECURITY MARKETING
STREETSCAPE,
BEAUTIFICATION
& IMAGE
ENHANCEMENT
ADMINISTRATION
& OPERATIONS TOTAL
% 24.3% 28.0% 21.9% 25.8% 100.00%
1 A $31,884 $36,790 $28,819 $33,924 $131,417
2023 B $20,116 $23,210 $18,181 $21,403 $82,910
TOTAL $52,000 $60,000 $47,000 $55,327 $214,327
APPLE VALLEY VILLAGE PBID – MANAGEMENT DISTRICT PLAN
10 2 A $33,797 $38,997 $30,548 $35,959 $139,302
2024 B $21,323 $24,603 $19,272 $22,687 $87,885
TOTAL $55,120 $63,600 $49,820 $58,646 $227,187
3 A $35,825 $41,337 $32,381 $38,117 $147,660
2025 B $22,602 $26,079 $20,428 $24,048 $93,158
TOTAL $58,427 $67,416 $52,809 $62,165 $240,818
4 A $37,975 $43,817 $34,324 $40,404 $156,520
2026 B $23,958 $27,644 $21,654 $25,491 $98,747
TOTAL $61,933 $71,461 $55,978 $65,895 $255,267
5 A $40,254 $46,446 $36,383 $42,828 $165,911
2027 B $25,395 $29,303 $22,953 $27,020 $104,672
TOTAL $65,649 $75,749 $59,336 $69,848 $270,583
6 A $42,669 $49,233 $38,566 $45,398 $175,866
2028 B $26,919 $31,061 $24,330 $28,641 $110,952
$69,588 $80,294 $62,896 $74,039 $286,818
7 A $45,229 $52,187 $40,880 $48,122 $186,418
2029 B $28,534 $32,925 $25,790 $30,359 $117,609
$73,763 $85,112 $66,670 $78,481 $304,027
8 A $47,943 $55,318 $43,333 $51,009 $197,603
2030 B $30,246 $34,901 $27,337 $32,181 $124,666
$78,189 $90,219 $70,670 $83,190 $322,269
9 A $50,820 $58,637 $45,933 $54,070 $209,459
2031 B $32,061 $36,995 $28,977 $34,112 $132,146
$82,881 $95,632 $74,910 $88,182 $341,605
10 A $53,869 $62,155 $48,689 $57,314 $222,027
2032 B $33,985 $39,215 $30,716 $36,159 $140,075
$87,854 $101,370 $79,405 $93,473 $362,102
The AVV PBID assessments may increase for each individual parcel each year during the 10-year effective operating period, but not to exceed 6% per year, commensurate to special benefits received by each assessed parcel, and must be approved by the Owners’ Association Board of Directors, included in the Annual Report and adopted by the Apple Valley Town Council. Any accrued interest and delinquent payments will be expended within the budgeted categories. The Owners’ Association Board of the Directors (“Property Owners’ Association of the AVV PBID) shall determine the percentage increase, if any, to the annual assessment, not to exceed 6% per year. The Owners’ Association Executive Director shall communicate the annual increase to the City each year in which the AVV PBID operates at a time determined in the
APPLE VALLEY VILLAGE PBID – MANAGEMENT DISTRICT PLAN
11 Administration Contract held between the Owners’ Association and the Town of Apple Valley. No bonds are to be issued in conjunction with the proposed renewed AVV PBID.
Pursuant to Section 36671 of the Streets and Highways Code, any funds remaining after the 10th year of operation will be rolled over into the renewal budget or returned to stakeholders in accordance with State Law. AVV PBID assessment funds may be used to pay for costs related to the following AVV PBID renewal term. If the AVV PBID is not renewed or terminated for any reason, unencumbered/unexpended funds will be returned to the property owners in accordance with State Law.
PBID assessment revenue for Year 1 (2023) is projected to be $214,327. Additional Year 1 revenues from grants, sponsorships, event proceeds etc. are estimated to be a minimum of $20,000. These non-assessment revenues shall be used to offset the computed general benefit cost of $11,280.
Special/General Benefits
The Assessment Engineer has determined that districtwide general benefits equate to 5% of the total adjusted PBID program costs of $225,607 or $11,280 (see Finding 2 of the attached Engineer’s Report) with special benefits set at 95%. Article XIIID Section 4(b) of the California Constitution limits the levy of property assessments to costs attributed to special benefits only. The 5% general benefit value is computed to be $11,280 with a resultant 95% special benefit limit computed at $214,327. Based on current property data and land uses, this is the maximum amount of Year 1 (2023) revenue that can be derived from property assessments from the subject District. A projected breakdown of special and general benefit costs for each benefit zone, the work plan components and each year of the proposed 10 year renewal term in shown in the attached Engineer’s Report beginning on page 8. All program costs associated with general benefits will be derived from non-assessment sources such as grants, program income, credits, interest etc.
If the AVV PBID is not renewed again at the end of the proposed 10-Year renewal term, any unexpended/unencumbered funds remaining at the end of a renewal term will be returned to AVV PBID property owners in accordance with City policy and State PBID Law.
Duration
As allowed by State PBID Law, the AVV PBID will have a ten (10) year operational term from January 1, 2023 to December 31, 2032. The proposed renewed AVV PBID operation is expected to begin services on January 1, 2023. If the AVV PBID is not renewed again at the end of the proposed 10-year renewal term, services will end on December 31, 2032.
Manner of Collection
Assessments shall be collected at the same time and in the same manner as ad valorum taxes paid to the County of San Bernardino (Operation Years 2023-2032). The AVV PBID assessments shall appear as a separate line item on the property tax bills issued by the San Bernardino County Assessor. The Town of Apple Valley is authorized to collect any assessments not placed on the County tax rolls, or to place assessments, unpaid delinquent assessments, or penalties on the County tax rolls as appropriate to implement this Management District Plan.
APPLE VALLEY VILLAGE PBID – MANAGEMENT DISTRICT PLAN
12 IV PROPOSED ASSESSMENT FORMULA
The AVV PBID programs and services described in this Management District Plan will be funded through benefit assessments levied on real property in the AVV PBID and non-assessment revenues to fund the costs associated with general benefits conferred on assessed parcels within the AVV PBID, the public at large and surrounding parcels outside of the AVV PBID boundaries. The assessment formula has been developed by the Assessment Engineer to ensure that no parcel will be assessed an amount that exceeds the cost of the proportional special benefit that parcel derives from the programs, services and improvements to be funded by the proposed benefit assessments. The assessment rates are based on the projected special benefit to be conferred on each individual parcel within the boundary of the AVV PBID.
Based on the specific needs and corresponding nature of the program activities to be funded by the proposed renewed AVV PBID (i.e. security, marketing, streetscape/beautification/image enhancement and administration/operations) it is the opinion of the 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 of each parcel within two benefit zones, except as noted herein.
The “Basic Benefit Units” will be expressed as a combined function of gross building square footage (Benefit Unit “1”), land square footage (Benefit Unit “2”) and street frontage (Benefit Unit “3” for Highway 18 frontage and “Benefit Unit “4” for all other street frontages). Based on the shape of the proposed AVV PBID, 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 area, land area and street frontage within two benefit zones. Zone B assessment rates shall be set at 40% of Zone A rates based on the Assessment Engineer’s projection of conferred special benefits on parcels within each benefit zone.
For the array of land uses within the PBID, the interactive application of building and land areas and street frontage quantities are a common method of fairly and equitably spreading special benefit costs to these beneficiaries of PBID funded services, programs and improvements. Each of these factors directly relates to the degree of proportionate special benefit conferred on each assessed parcel from PBID funded activities. There are no parcels zoned solely residential or agricultural that are assessed within the AVV PBID.
Building area is a direct measure of the static utilization of each parcel and its corresponding impact or draw on PBID funded activities. In the opinion of this Assessment Engineer, the targeted weight of this factor, building area, should generate approximately 55% of the total PBID revenue (55.488169% when adjusted for current precise building area measurements and program costs and service levels).
Land area is a direct measure of the current and future development capacity of each parcel and its corresponding impact or draw on PBID funded activities. In the opinion of this Assessment Engineer, the targeted weight of this factor, land area, should generate approximately 20% of the total PBID revenue (17.239506% when adjusted for precise parcel measurements and program costs and service levels).
Street Frontage is a direct measure of the current and future development capacity of each parcel and its corresponding impact or draw on PBID funded activities. Street frontage includes all public street frontages
APPLE VALLEY VILLAGE PBID – MANAGEMENT DISTRICT PLAN
13 of a parcel. In the opinion of this Assessment Engineer, the targeted weight of this factor, street frontage, should generate approximately 30% of the total PBID revenue (27.272325% when adjusted for precise parcel measurements and program costs and service levels).
Special Assessment Circumstances
1. Residential Uses
There are a few parcels within the AVV PBID (including mobile home parks) that have legal nonconforming residential uses on them. State Law exempts parcels zoned “solely” residential or agricultural from being assessed. While there are 4 parcels zoned solely residential within the proposed boundary expansions, none of these 4 parcels will be assessed unless their zoning is changed in the future to assessable zoning status. It is the opinion of the Assessment Engineer that any parcel with legal residential uses on commercially zoned land, shall not be assessed for the residential building portions of the parcel since these building areas do not specially benefit from PBID funded marketing programs. Such parcels do proportionately specially benefit from other PBID funded programs, services and improvements such as security, capital improvements and beautification projects and shall be assessed for non-residential building areas on these parcels as well as land area and street frontage at the benefit Zone rates in which they are located.
2. Commercial/Industrial Condos
a. Building area assessed at full building area rate
b. Land area assessed at full land area fee rate but pro-rated for each unit based on ratio of unit building area to total building area
c. Frontage assessed at full frontage rate but pro-rated for each unit based on ratio of unit building area to total building area
3. Mixed-Use Properties
Mixed –Use Rental - Ground Floor Commercial and Upper Floor Residential a. Building area assessed at full rate for commercial area and exempt for residential area b. Land area assessed at full land area rate
c. Frontage assessed at full frontage rate
Mixed-Use Commercial Condos and Residential Condos
a. Building area assessed at full rate for commercial area and exempt for residential building area b. Land area assessed at full land area rate (assessed on ground floor owners) c. Frontage assessed at full frontage rate (assessed on ground floor owners) Other Special Criteria
4. Properties zoned solely for residential or agricultural use shall not be assessed.
5. Street frontage along Highway 18 shall be assessed at the full, 100% Street Frontage A rate. All other
APPLE VALLEY VILLAGE PBID – MANAGEMENT DISTRICT PLAN
14 street frontages shall be assessed at 40% of the full rate - Street Frontage B rate.
Future Development
Other than future maximum rates and the assessment methodology delineated in the Engineer’s Report, per State Law (Government Code Section 53750), future assessments may change for any given parcel if such a change 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 or a subdivision, lot split, reversion to acreage etc. Any change in assessment formula methodology or assessment rates higher than as stipulated in the Engineer’s Report would require a new ballot procedure (Section 4(b) of Article XIIID of the California Constitution - Proposition 218) in order to approve any such changes.
Considering all identified specially benefiting parcels within the AVV PBID and their respective assessable benefit units, the cumulative quantities by factor and zone are shown in the following Table:
Year 1 – 2023 - Assessable Benefit Units
BENEFIT
ZONE
BLDG AREA
(SQ FT)
LAND AREA
(SQ FT)
STREET
FRONTAGE
A (LN FT)
STREET
FRONTAGE
B (LN FT)
# OF
PARCELS
# OF
ASSESSABLE
PARCELS
A 562,178 6,753,520 16,561 8,277 106 100
B 841,830 8,918,441 0 38,683 191 191
TOTAL 1,404,008 15,671,961 16,561 46,960 297 291
The number of Benefit Units for each identified benefiting parcel within the proposed renewed AVV PBID was computed from data extracted from County Assessor records and maps. These data sources delineate current land uses, 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 AVV PBID for their review. If a property owner believes there is an error on a parcel’s assessed footages, the AVV PBID may confirm the data with the San Bernardino County Assessor’s office. If AVV PBID data matches Assessor’s data, the property owner may opt to work with the Assessor’s office to correct the data so that the AVV PBID assessment may be corrected.
Assessment Formula
In the opinion of the Assessment Engineer the assessment formula for the proposed renewed AVV PBID is, except as noted herein, as follows:
Assessment = Building Area (Unit A) Sq Ft x Unit A Rate, plus Land Area (Unit B) Sq Ft x Unit B Rate, plus
Street Frontage (Unit C) Lin Ft x Unit C Rate
APPLE VALLEY VILLAGE PBID – MANAGEMENT DISTRICT PLAN
15 Assessment Formula Unit Rates
Based on figures from the Assessable Benefit Units Table above, the assessment rates for each factor and zone are shown as calculated in the Table below:
YEAR 1 –2023 Assessment Rates
BENEFIT
ZONE
BLDG AREA
ASSMT RATE
($/SQ FT)
LAND AREA
ASSMT RATE
($/SQ FT)
STREET
FRONTAGE A
ASSMT RATE
($/LN FT)
STREET
FRONTAGE B
ASSMT RATE
($/LN FT)
A $0.132300 $0.003580 $1.653750 $0.661500
B $0.052920 $0.001432 $0.000000 $0.661500
SAMPLE CALCULATIONS:
Zone A - 18,000 sq ft parcel with a 10,119 sq ft building and 80 ft of Hwy 18 street frontage = 18,000 SF land x $0.00358/SF + 10,119 SF bldg x $0.1323/SF + 80 LF frontage x $1.65375/LF = $64.44 + $1,338.74 + $132.30 = $1,535.48 per year
= $ 127.96 per month
= $ 4.26 per day
= 1.26 cents per SF bldg per month
Same example as above but in Zone B
= 18,000 SF land x $0.001432/SF + 10,119 SF bldg x $0.05292/SF + 80 LF frontage x $0.6615/LF = $25.78 + $535.50 + $52.92 = $614.20 per year
= $ 51.18 per month
= $ 1.71 per day
= 1/2 cent per sq ft bldg per month
The complete Year 1 – 2023 assessment roll of all parcels to be assessed by the AVV PBID is included in this Plan as Appendix I. Since the AVV PBID is planned for a 10-year term, maximum assessment rates for future years (Years 2-10) must be set at the inception of the AVV PBID. While future inflationary and other program cost increases are unknown at this point, a built in maximum increase of 6% per annum is incorporated into the projected program costs and, in turn, the resultant assessment rates for the six year term of the AVV PBID. These figures are shown in the table below. Assessment rates may not exceed those indicated below.
APPLE VALLEY VILLAGE PBID – MANAGEMENT DISTRICT PLAN
16 AVV PBID – 10 Year Maximum Assessment Rates
(Includes a 6%/Yr. Max Increase)
BENEFIT
ZONE
BLDG AREA
ASSMT
RATE ($/SQ
FT)
LAND AREA
ASSMT
RATE
($/SQ FT)
STREET
FRONTAGE A
ASSMT RATE
($/LN FT)
STREET
FRONTAGE B
ASSMT RATE
($/LN FT)
YEAR 1
A $0.132300 $0.003580 $1.653750 $0.661500
B $0.052920 $0.001432 $0.000000 $0.661500
YEAR 2
A $0.140238 $0.003795 $1.752975 $0.701190
B $0.056095 $0.001518 $0.000000 $0.701190
YEAR 3
A $0.148652 $0.004023 $1.858154 $0.743261
B $0.059461 $0.001609 $0.000000 $0.743261
YEAR 4
A $0.157571 $0.004264 $1.969643 $0.787857
B $0.063029 $0.001706 $0.000000 $0.787857
YEAR 5
A $0.167025 $0.004520 $2.087822 $0.835128
B $0.066811 $0.001808 $0.000000 $0.835128
YEAR 6
A $0.177047 $0.004791 $2.213091 $0.885236
B $0.070820 $0.001916 $0.000000 $0.885236
YEAR 7
A $0.187670 $0.005078 $2.345876 $0.938350
B $0.075069 $0.002031 $0.000000 $0.938350
YEAR 8
A $0.198930 $0.005383 $2.486629 $0.994651
B $0.079573 $0.002153 $0.000000 $0.994651
YEAR 9
A $0.210866 $0.005706 $2.635827 $1.054330
B $0.084347 $0.002282 $0.000000 $1.054330
YEAR 10
A $0.223518 $0.006048 $2.793977 $1.117590
B $0.089408 $0.002419 $0.000000 $1.117590
APPLE VALLEY VILLAGE PBID – MANAGEMENT DISTRICT PLAN
17 V. PUBLICLY OWNED PARCELS
The State Constitution - Article 13D (Proposition 218) states that government owned properties are not exempt from benefit assessments, unless there is clear and convincing evidence showing that they receive no special benefit from the programs and services to be funded by the proposed benefit assessments. In the opinion of the Assessment Engineer, there is no clear and convincing evidence that publicly owned parcels, except as delineated below, do not proportionately specially benefit from PBID funded programs, services and improvements. Thus, 16 parcels owned by the Town of Apple Valley, the Apple Valley Fire District, the Mojave Water Agency and the San Bernardino County School Board will be assessed at this applicable assessment rates similar to privately owned parcels within the PBID. Please note that there is also one Town owned parcel that is zoned residential that will not be assessed under its current zoning designation.
Relative to the US Post Office on federal owned land on Highway 18, the US Attorney General has opined that all federal properties are exempt from local taxes and assessments pursuant to the Supremacy Clause of the US Constitution. Thus, this parcel will not be assessed nor will PBID funded services be provided for the special benefit of this parcel.
Relative to the Frontier/Verizon owned public utility parcel and facility on Navajo Road, this parcel contains a building which houses public utility based electronic telephonic switching equipment, similar in function to utility transmission and conveyance infrastructure located along, over and beneath public rights of ways and utility easements and, thus, will not be assessed nor will PBID funded services be provided for the special benefit of this parcel.
VI. AVV PBID GOVERNANCE
The AVV PBID Property Owners Association (“Association”) will continue to be the agency responsible for the ongoing day-to-day management and administration of the AVV PBID. The Association is a nonprofit corporation formed by property owners located in the AVV PBID. The Association may choose to contract with a third party entity such as the Town of Apple Valley to carry out certain District improvements and services. The Association may also contract with professional service entities in conjunction with the planning and implementation of PBID programs and services as well as the next PBID renewal in 10 years.
The annual programs, budgets and assessments for the AVV PBID shall be determined by the Association, which shall also serve as the PBID “property owners association” referenced in State PBID Law. This Board shall be responsible for the general oversight of the District including approval of the annual work programs and budgets, monitoring performance, and ensuring compliance with appropriate rules and regulations, including a PBID management agreement with the Town of Apple Valley. This Board shall generally meet on a monthly basis. When related to PBID matters, such meetings shall be subject to the State of California “Brown Act” open meeting requirements. Records of this Association pertaining to PBID related matters shall be available for public review as stipulated by State Law. Pursuant to State law, the Association Board shall file, for approval by the Town Council, an annual report for the upcoming year for which assessments shall be levied. Upon PBID renewal, the Town Council and the Association shall execute a contract, as applicable, for the performance and delivery of the stipulated program services over the life of the PBID.
APPLE VALLEY VILLAGE PBID – MANAGEMENT DISTRICT PLAN
18 VII. PROPOSED RULES AND REGULATION APPLIED TO THE AVV PBID There are no specific rules or regulations applied to this AVV PBID VIII. OTHER ITEMS
No bonds will be issued for any AVV PBID projects in conjunction with this renewal.
IX. PLAN AUTHOR
The author and preparer of this Plan is Ed Henning of Edward Henning & Associates X. IMPLEMENTATION TIMETABLE
The renewed AVV PBID is expected to begin operation by January 1, 2023. In order to meet this goal, the following procedural timeline is proposed:
Date Action/Task
Summer 2021 • Develop/finalize Management District Plan Fall 2021 • Initiate petition drive
Fall 2021 • Collect petitions signed by property owners Spring 2022 • Submit majority support petitions to Town Spring 2022 • Town Council adopts Resolution of Intention to renew the AVV PBID Spring 2022 • Town sends notice of AVV PBID public hearing and a ballot to property owners within AVV PBID
Mid ‘22 • Town Council conducts hearing (ballots due by this date) Mid ‘22 • Providing no majority ballot protest is filed at the hearing, Council approves Resolution of Renewal for the AVV PBID
Mid ‘22 • Assessment roll submitted to County Assessor
Dec 10/Apr 10 (due) • Assessments billed and collected by County with property taxes 1st Qtr. ‘23 • Revenues remitted to Owners’ Association per contract with Town (10 years) • Owners’ Association carries out renewed AVV PBID programs and services
APPLE VALLEY VILLAGE PBID – MANAGEMENT DISTRICT PLAN
19 APPENDIX 1
YR 1 – 2022/23
ASSESSMENT ROLL
APPLE VALLEY VILLAGE PBID – MANAGEMENT DISTRICT PLAN
20 APN YR 1 ASSMT
0439022660000 $14,934.32
3087301410000 $1,444.69
3087301420000 $93.29
3087301430000 $662.95
3087301440000 $452.34
3087301450000 $12,525.68
3087301460000 $1,769.04
3087301520000 $1,757.13
3087341010000 $541.84
3087341020000 $416.16
3087341030000 $1,535.48
3087341040000 $909.87
3087341050000 $429.50
3087341060000 $8.95
3087341070000 $17.90
3087341090000 $175.91
3087341100000 $1,028.86
3087341110000 $698.49
3087341170000 $28.64
3087341190000 $560.94
3087341200000 $1,470.71
3087341210000 $613.95
3087341220000 $646.06
3087341230000 $217.18
3087341240000 $300.77
3087341250000 $1,088.33
3087341300000 $1,904.37
3087341310000 $1,600.05
3087341320000 $584.02
3087341390000 $580.71
3087341400000 $229.78
3087341410000 $607.67
3087341430000 $1,922.57
3087341440000 $870.48
3087342010000 $667.44
3087342020000 $784.87
3087342030000 $580.55
3087342060000 $737.46
3087342070000 $1,010.16
3087342080000 $1,212.21
3087342110000 $3,552.36
3087342120000 $150.35
3087342130000 $8.59
3087342140000 $47.26
3087342150000 $20.76
3087342160000 $2.86
3087342170000 $47.26
3087342180000 $55.46
3087342190000 $58.33
3087342200000 $16.67
3087342210000 $755.36
3087342220000 $448.11
3087342230000 $5.44
3087342240000 $455.79
3087342250000 $1,266.21
3087342260000 $419.48
3087342270000 $922.17
3087342280000 $617.76
3087342290000 $763.67
3087342300000 $369.41
3087342310000 $282.40
3087342320000 $304.44
3087342330000 $514.67
3087342340000 $10,819.15
3087342350000 $361.50
3087342360000 $372.83
3087342370000 $996.19
3087342380000 $889.33
3087342390000 $788.28
3087342400000 $922.72
3087342410000 $282.01
3087342420000 $1,095.13
3087342430000 $1,921.47
3087342440000 $549.16
3087342450000 $690.55
3087342460000 $580.38
3087342470000 $1,218.33
3087351010000 $381.10
3087351020000 $130.00
3087351030000 $255.74
3087351040000 $255.74
3087351050000 $516.46
3087351070000 $512.10
3087351110000 $510.85
3087351130000 $155.31
3087351150000 $177.76
3087351160000 $177.76
3087351240000 $272.78
3087351250000 $1,542.76
3087351260000 $4,790.47
3087351300000 $494.08
3087351310000 $836.76
3087351320000 $109.11
3087351330000 $638.31
3087351340000 $649.22
3087351350000 $120.02
3087351360000 $304.98
3087351370000 $150.22
3087351380000 $109.11
3087351390000 $109.11
3087351400000 $118.45
3087351410000 $118.45
3087351420000 $721.73
3087351430000 $753.49
3087351440000 $753.49
3087351450000 $810.00
3087351460000 $634.23
3087351470000 $1,158.16
3087351480000 $105.83
3087351490000 $105.83
3087351500000 $296.35
3087351520000 $919.66
3087381020000 $761.81
3087381030000 $436.14
3087381040000 $1,866.58
3087381060000 $514.98
3087381070000 $150.45
3087381080000 $86.25
3087381090000 $86.25
3087381100000 $247.04
3087381110000 $848.48
3087381120000 $414.49
3087381150000 $765.50
3087381160000 $320.96
3087381170000 $416.83
3087381180000 $444.87
3087381190000 $648.07
3087381200000 $38.65
3087381210000 $622.78
3087381220000 $291.69
3087381230000 $390.89
3087381250000 $257.66
3087382010000 $1,287.49
3087382020000 $2,151.94
3087382030000 $610.62
3087382040000 $811.41
3087382050000 $1,076.96
3087382060000 $149.70
3087382070000 $149.70
3087382080000 $2,717.85
3087382090000 $539.83
3087382100000 $868.84
3087382110000 $145.93
3087382120000 $819.42
3087382130000 $177.73
3087382140000 $619.33
APPLE VALLEY VILLAGE PBID – MANAGEMENT DISTRICT PLAN
21 3087382150000 $1,570.51
3087382160000 $175.05
3087382170000 $177.73
3087382180000 $175.36
3087382190000 $493.01
3087382200000 $105.70
3087382210000 $105.70
3087382220000 $105.69
3087382230000 $105.70
3087382240000 $105.69
3087382250000 $105.70
3087382260000 $105.70
3087382270000 $105.70
3087382280000 $993.82
3087382290000 $307.27
3087382300000 $105.84
3087382310000 $628.16
3087382320000 $628.16
3087382330000 $603.66
3087382340000 $105.84
3087382350000 $105.84
3087382360000 $105.84
3087382370000 $171.99
3087382380000 $109.11
3087391010000 $2,336.01
3087391020000 $42.47
3087391030000 $809.46
3087391040000 $1,311.86
3087391050000 $1,142.07
3087391060000 $280.78
3087391090000 $406.44
3087391100000 $823.53
3087391110000 $849.99
3087391120000 $307.56
3087391130000 $379.00
3087391140000 $109.11
3087391150000 $109.11
3087391160000 $638.31
3087391170000 $307.56
3087391180000 $395.31
3087391190000 $395.39
3087391200000 $564.74
3087391210000 $808.91
3087391220000 $1,055.37
3087391230000 $119.86
3087391240000 $120.02
3087391250000 $120.02
3087391260000 $120.02
3087391270000 $120.02
3087391280000 $120.02
3087391290000 $240.04
3087391300000 $2,814.91
3087392050000 $543.37
3087392060000 $1,240.11
3087392070000 $120.02
3087392080000 $307.56
3087392090000 $109.11
3087392120000 $289.05
3087392130000 $105.82
3087392140000 $570.93
3087392150000 $120.02
3087392160000 $120.02
3087392190000 $736.54
3087392200000 $105.82
3087392210000 $105.82
3087392220000 $289.05
3087392230000 $120.02
3087392240000 $120.02
3087392250000 $120.02
3087392260000 $120.02
3087392270000 $628.48
3087392280000 $964.10
3087392290000 $684.57
3087392300000 $120.02
3087392310000 $120.02
3087392320000 $120.02
3087392330000 $120.02
3087392340000 $120.02
3087392350000 $354.23
3087392360000 $117.42
3087392370000 $117.42
3087392380000 $1,343.10
3087392390000 $1,319.65
3087811020000 $65.95
3087811030000 $65.95
3087811040000 $65.95
3087811050000 $77.13
3087811060000 $77.13
3087811070000 $77.13
3087811080000 $104.51
3087811090000 $104.51
3087811100000 $104.51
3087811110000 $104.51
3087811120000 $104.51
3087811130000 $104.51
3087811140000 $104.51
3087811150000 $104.51
3087811160000 $104.51
3087811170000 $104.51
3087811180000 $104.51
3087811190000 $104.51
3087811200000 $104.51
3087811210000 $104.51
3112563110000 $3,380.36
3112563120000 $204.58
3112563130000 $204.58
3112563140000 $644.61
3112563150000 $627.94
3112563160000 $698.02
3112563170000 $466.93
3112563180000 $204.58
3112563190000 $575.02
3112563200000 $204.58
3112563210000 $204.58
3112563220000 $883.28
3112563230000 $667.63
3112563240000 $335.06
3112651230000 $3,601.97
3112651240000 $4,262.17
3112651250000 $336.37
3112651260000 $514.13
3112653010000 $666.95
3112653020000 $561.79
3112653030000 $786.70
3112653040000 $404.35
3112653050000 $1,023.25
3112653060000 $567.35
3112653070000 $552.27
3112653080000 $469.18
3112653090000 $773.21
3112653100000 $1,467.38
3112653110000 $204.58
3112653120000 $2,171.40
3112731070000 $3,916.69
3112731080000 $973.76
3112731120000 $408.73
3112731130000 $408.73
3112731160000 $124.71
3112731170000 $166.27
3112731180000 $2,228.00
3112731190000 $610.45
3112731210000 $1,044.90
3112731230000 $5,430.05
3112731240000 $1,471.78
3112731250000 $836.90
$214,326.84
APPLE VALLEY VILLAGE PBID – MANAGEMENT DISTRICT PLAN
22 APPENDIX 2
AVV PBID
BOUNDARY MAP
APPLE VALLEY VILLAGE PBID – MANAGEMENT DISTRICT PLAN
23 INSERT NEW MAP
APPLE VALLEY VILLAGE PBID – MANAGEMENT DISTRICT PLAN
24 ATTACHMENT 1
ASSESSMENT
ENGINEER’S
REPORT
Attachment 2
RESOLUTION NO. 2022-32
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF APPLE VALLEY TO RENEW AND MODIFY THE
BOUNDARIES OF THE APPLE VALLEY VILLAGE
PROPERTY AND BUSINESS IMPROVEMENT DISTRICT
WHEREAS, pursuant to the Property and Business Improvement District Law of 1994, California Streets and Highways Code Sections 36600 et seq (the “Act”), the Town Council adopted Resolution No. 2022-16, dated May 24, 2022, entitled “A Resolution of the Town Council of the Town of Apple Valley Stating its Intention to Renew and Modify the Boundaries of the Apple Valley Village Property and Business Improvement District and to Levy and Collect Assessments Within Such District Pursuant to the Property and Business Improvement District Law of 1994, Part 7 of Division 18 of the California Streets and Highways Code and Appointing a Time and Place for Hearing Objections Thereto.” Such resolution, among other things, adopted the Management District Plan on file in the office of the Town Clerk; and
WHEREAS, the Town caused notice of a public hearing concerning the proposed renewal of the Apple Valley Village Property and Business Improvement District (“Village PBID”) and the proposed levy of assessments within the Village PBID to be duly mailed, as required by law, to the record owner of each parcel proposed to be assessed within the renewed Village PBID;
WHEREAS, a public hearing concerning the proposed renewal and boundary modification of the Village PBID for a ten (10) year period and the proposed levy of assessments within such Village PBID was held on July 26 and continued to August 9, 2022 at the hour of 6:30 pm in the Town Council Chambers at 14995 Dale Evans Parkway, Apple Valley, California 92307;
WHEREAS, at the public hearing, staff presented to the Town Council the Management District Plan which is now on file in the office of the Town Clerk; WHEREAS, at the public hearing, the testimony of all interested persons for or against the renewal of the Village PBID, the levy of assessments within the Village PBID, and the type or types of improvements and activities to be funded with the revenues from the assessments was heard and considered, and a full, fair and complete hearing was held;
WHEREAS, the Town Council heard and considered all objections or protests to the proposed assessments and tabulated the assessment ballots submitted, and not withdrawn, in support of or opposition to the proposed assessments. The Town Council hereby finds that a majority protest does not exist as defined in Section 4(e) of Article XIIID of the California Constitution and Section 53753 of the California Government Code.
All objections or protests, both written and oral, are hereby duly overruled;
Resolution 2022-32
WHEREAS, the public interest, convenience and necessity require the proposed renewal and boundary modification of the Village PBID;
WHEREAS, in the opinion of the Town Council, the property within the Village PBID will be benefited by the improvements and activities to be funded by the assessments, and no assessment has been imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel; NOW, THEREFORE, LET IT BE RESOLVED, that the Town Council of the Town of Apple Valley declares as follows:
Section 1. Renewal of Village PBID. Pursuant to the Act, the Apple Valley Village Property and Business Improvement District (“Village PBID”) is hereby renewed and the Management District Plan is hereby approved.
Section 2. Description of District. The boundaries of the proposed renewed Village PBID include the Highway 18 corridor generally bounded by Navajo Road on the west, Central Road on the east, Esaws Road on the north, and Ottawa Road on the south.
Section 3. Amount of Assessment.
(a) Except where funds are otherwise available, an assessment will be levied annually to pay for all the improvements and activities to be provided within the Village PBID, commencing with fiscal year 2022-23 and ending with fiscal year 2032-33. For purposes of levying and collecting assessments within the Village PBID, a fiscal year shall commence on each July 1st and end on the following June 30th. (b) The total amount of the proposed assessment to be levied and collected for fiscal year 2022-23 shall be approximately $214,327 based on the assessment rates described in the Management Plan, which assessment rates shall continue for each of the following four fiscal years. Parcel assessments may increase where new building construction occurs on parcels within the Village PBID which exceeds the current building area. (c) The method and basis of levying the assessment is set forth in the Management District Plan on file in the office of the Town Clerk.
Section 4. Fund. There is created a special fund designated as the “Apple Valley Village PBID Fund” into which all revenue derived from assessments levied pursuant to this Resolution shall be placed, and such funds shall be used only for the purposes specified in this Resolution. This fund shall be subject to an annual independent audit of financial statements.
Section 5. Use of Revenues. Village PBID revenues shall be used to continue to provide and manage supplemental services and improvements within the Village area, including supplemental public safety services, marketing and promotions, additional streetscape beautification and image enhancements, other business related special
Resolution 2022-32
projects and programs and Village PBID management and operations. The above improvements and activities will be funded by the levy of the assessments. The revenue from the levy of the assessments within the Village PBID shall not be used to provide improvements or activities outside the Village PBID or for any purpose other than the purposes specified in Resolution No. 2022-16 of the Town Council.
Section 6. Contract Services. The Town shall contract, as applicable, with the Apple Valley Village Property and Business Improvement District Association (“Association”), a non-profit entity comprised of property and business owners within the Village PBID to administer, where applicable, activities described in Section 5 above. The Association shall, as applicable, hold funds in trust for purposes related to the contract and may be required to, at no expense to the Town, provide an annual independent report of audited financial statements by a certified public accountant of these funds. The report may be funded from assessment proceeds as part of the general administration of the Village PBID. At all times the Town shall reserve full rights of accounting of this fund.
Furthermore, the Association shall be responsible, at minimum, with advising the Town on the prioritization and implementation of PBID funded activities and improvements.
Section 7. Amendments. Properties within the Village PBID renewed by this Resolution shall be subject to any amendments to the Act.
Section 8. Recordation of Notice and Diagram. The Town Clerk or a designee is hereby authorized and directed to record a notice and an assessment diagram pursuant to Section 36627 of the California Streets and Highways Code following adoption of this Resolution.
Section 9. Levy of Assessment. The adoption of this Resolution and recordation of the notice and assessment diagram pursuant to Section 36627 of the California Streets and Highways Code constitutes the levy of an assessment in each of the fiscal years referred to in the Management District Plan. Each year, the County Auditor of the County of San Bernardino shall enter on the County Assessment Roll opposite each lot or parcel of land the amount of the assessment and such assessment shall then be collected at the same time and in the same manner as the County taxes are collected.
Section 10. Baseline Services. To ensure that assessment revenues from the Village PBID are used to enhance the current level of services provided by the Town within the Village PBID, the Town Council hereby adopts the baseline levels of service as currently provided throughout the Village PBID; provided, however, that in the event of a significant downturn in Town revenues, the Town Council may reduce the level of Town public services, including within the Village PBID.
Resolution 2022-32
APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 9 th day
of August, 2022.
______________________
Kari Leon, Mayor
ATTEST:
____________________________
La Vonda M-Pearson, Town Clerk
Town Council Agenda Report
Date: August 9, 2022
To: Honorable Mayor and Town Council
Subject: CLOSED SESSION
From: Douglas Robertson, Town Manager
Submitted by: Thomas Rice, Town Attorney
Town Attorney
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of Case: Li v. Town of Apple Valley, San Bernardino Superior Court, CIVSB 2120936
B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: Town Manager
C. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Mayor or designee;
Unrepresented employee: Town Manager