Item No.
APPROVED BY
CITY MANAGER
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: VANIAH DE ROJAS, ASSISTANT CITY MANAGER
DATE: OCTOBER 10, 2023
SUBJECT: SERVICES AND LICENSE AGREEMENT BETWEEN THE CITY OF DOWNEY AND RAW INSPIRATION, INC. FOR OPERATION OF THE
DOWNEY CERTIFIED FARMERS' MARKET
EXECUTIVE SUMMARY
The City Council will consider approving a Services and License Agreement with Raw Inspirations, Inc. for a one-year term for the operation of the Downey Certified Farmers' Market. The Downey Certified Farmers' Market has been in operation for over 15 years and operates every Saturday from 8:00 A.M. to 2:00 P.M. on City Property on Second Street between La Reina Avenue and New Street, rain or shine.
RECOMMENDATION
That the City Council:
1. Approve the Services and License Agreement between the City of Downey and Raw Inspiration, Inc. for a one-year term for the operation and oversight of the certified Downey Farmer's Market.
2. Authorize the Agreement to be automatically renewed and extended for subsequent one-year periods (renewal period) unless the City or Raw Inspiration, Inc. notifies the other party in writing that it is terminating this Agreement at least 30 days prior to the expiration of the then current term. � ► : * WE
In February 2008, the City of Downey approved the creation of a Downey Farmers' Market and in March 2008, approved an agreement with California Certified Farmers Market (dba Raw Inspiration, Inc.) to operate a certified farmers' market within the City. Through the agreement, there were not to be any costs incurred by the City, and Raw Inspiration, Inc. (RI) was only required to pay for street closure costs (if necessary). RI has operated farmers' markets for 23 years in and around Southern California, and it currently operates 25 farmers markets with a vast network of over 5,000 vendors.
SERVICES AND LICENSE AGREEMENT BETWEEN THE CITY OF DOWNEY AND RAW INSPIRATION, INC. FOR OPERATIONS OF THE DOWNEY CERTIFIED FARMERS' MARKET OCTOBER 10, 2023
PAGE 2
The certified Downey Farmers' Market operates based on the rules and regulations ratified by the City Council. The certified Downey Farmers' Market occurs every Saturday from 9 a.m. to 1 p.m., rain or shine. It was previously located on Downey Avenue, between 2nd and 3rd streets; however, in July 2020, due to the outdoor dining program along Downtown Downey, the Farmer's Market was successfully relocated to 2nd Street and La Reina Avenue on City -owned property, where it continues to operate currently.
The City of Downey entered into a new agreement with RI in November 2020 to extend the contract for operation of the Downey Farmers' Market. The contract states that "the initial term of this agreement shall be for one (1) year from the effective date of this Agreement. This Agreement may be renewed for an additional one-year term (renewal period) at the City's option by written notice by the City Manager thirty (30) days prior to the expiration of this Agreement."
In November 2022, the City amended the agreement to extend the contract to December 2024. However, it was later determined that this amendment was not valid as the November 2020 agreement did not authorize an extension beyond November 2022.
Therefore, the agreement expired in November 2022.
RI has expressed its interest to staff to continue its contract with the City and continue operating the certified Downey Farmers' Market as it has done for the last 15 years.
Separately, the Downtown Downey Improvement Association (DDIA) also expressed interest in managing the Downey's Farmers' Market as it seeks ways to develop the Downtown and generate revenue.
At the April 11, 2023 City Council Meeting, staff presented the City Council with various options to consider regarding the operations and management of the Downey Famers' Market. The City Council asked staff to meet with both parties and develop a plan that can be inclusive of both groups, and to return to a future City Council meeting with a possible solution.
ANALYSIS
City staff met with both RI and the DDIA over the last several months to formulate a plan that addresses the needs of the community and the efforts to grow the Downtown Downey area.
Through these discussions, both parties agreed to the terms outlined in the attached proposed agreement. The following summarizes the key details of the agreement:
• RI would continue to operate the Downey Certified Famers' Market for a one-year term. • This Agreement shall be automatically renewed and extended for one-year (renewal period) unless the City or RI notifies the other party in writing that it is terminating this Agreement at least (30) days prior to the expiration of the then current term.
SERVICES AND LICENSE AGREEMENT BETWEEN THE CITY OF DOWNEY AND RAW INSPIRATION, INC. FOR OPERATIONS OF THE DOWNEY CERTIFIED FARMERS' MARKET OCTOBER 10, 2023
PAGE 3
• City agrees to waive any and all applicable City -issued permits, business license, vendor and street closure fees for RI and its vendors' activities at the Downey Farmers' Market.
• RI would be responsible for all operating and maintenance expenses related to management and operation of the Downey Farmers' Market. • RI will pay 10% of all gross monthly revenues from the Downey Farmer's Market to the City of Downey, which City shall provide to the DDIA for Downtown Downey revitalization efforts.
• RI will provide the City evidence of its bookkeeping, which will demonstrate that the required 10 (%) percent of gross revenues from the Downey Farmer's Market has been provided to the City.
• City will provide money paid by RI to the DDIA for Downtown Downey revitalization efforts within net 30 days of receipt from RI.
• DDIA may only use the funds provided by the City under this Agreement for Downtown Downey Community Benefit District revitalization efforts including administrative expenses and for special benefit services in accordance with the previously approved Management and Disbursement Agreement...
CITY COUNCIL PRIORITIES
Economic Vibrancy
Quality of Life, Safety & Infrastructure
FISCAL IMPACT
There is no fiscal impact.
ATTACHMENTS
Attachment A — Services and License Agreement
SERVICES AND LICENSE AGREEMENT BY AND BETWEEN
THE CITY OF DOWNEY AND RAW INSPIRATION, INC.
This SERVICES AND LICENSE AGREEMENT ("Agreement") is made effective as of this 1 day of October, 2023 ("Effective Date"), by and between the CITY OF DOWNEY ("City"), a municipal corporation and charter city, and RAW INSPIRATION, INC. ("RI"), a California nonprofit corporation and California Certified Farmers' Market, and the DOWNTOWN DOWNEY IMPROVEMENT ASSOCIATION ("DDIA"), a California nonprofit public benefit corporation (all parties referred to herein collectively as "Parties" and individually as "Party").
RECITALS
WHEREAS, RI wishes to operate a certified farmers' market ("Downey Farmers' Market") on the parcel of real property in the City of Downey described in Exhibit A and Exhibit B (the "Property") which are incorporated herein by reference; and WHEREAS, City wishes to provide a location for the Downey Farmers' Market; and WHEREAS, City wishes to waive business licensing and applicable City vendor fees for certified agricultural vendors at the Downey Farmers' Market; and WHEREAS, the City Council finds that this assistance serves a public purpose of City by contributing to the economic development of City and its citizens, providing California farmers and food producers a venue to sell their produce to the public, and providing Downey residents and visitors with a community event; and
WHEREAS, the RI will provide a certain percentage of gross revenue to the City to be given to the Downtown Downey Improvement Association (DDIA) for the public purpose of downtown Downey revitalization efforts. Downtown revitalization is a public purpose and will provide a variety of public benefits. These benefits include using the revenues to support efforts to attract businesses to downtown Downey, provide more activities free or at low cost to the public, and revitalization and beautification of the downtown area. The DDIA is well -suited to accomplishing the objectives of downtown revitalization and revenues from the Downey Farmers' Market will be provided to the DDIA as part of this Agreement.
WHEREAS, the Parties seek to establish a viable farmers' market to provide local farmers and food producers a venue to sell their produce to the general public.
NUI
In consideration of the foregoing recitals, the mutual understandings contained in this Agreement, and other good, valuable and sufficient consideration, the Parties hereto agree as follows:
1. INCORPORATION OF RECITALS. The Parties agree that the above recitals are true and correct, and incorporate those recitals by reference into this Agreement.
2. DOWNEY FARMERS' MARKET.
2.1 RI agrees to conduct the Downey Farmers' Market each and every Saturday from eight o'clock in the morning (8:00 A.M.) until two o'clock in the afternoon (2:00 P.M.) rain or shine on the Property. The City grants an exclusive, non -transferable license to RI to operate the Downey Farmers' market between the hours of 8:00 a.m. until 2:00 p.m. each Saturday (the "Operating Hours"). City shall have the right to enter the Property at any time and for any reason. If the City's use of the Property will interfere with the purpose and use of the Property for farmers' market purposes, the City shall use reasonable efforts to notify RI of any use which would interfere in the operation of the Downey Farmers' Market. City shall have the right to modify the Operating Hours or permanently or temporarily change the location if the City determines that the Downey Farmers' Market is creating an adverse impact on neighboring properties in the area, Local Emergency or to comply with applicable Federal, State or County orders, laws or regulations. Vendors shall possess California Department of Food and Agriculture permits or shall be local food producers or craft vendors offering their produce, foodstuffs or other goods for sale, barter or other lawful transaction to members of the general public. The license to enter and use the Property granted to RI by this Agreement is subject to the City's absolute discretion to enter and use the Property at any time, and to prohibit the Farmers' Market use, for public safety, health, or welfare. The City represents and warrants to RI that RI's operation of the Market in conformity with the provisions of this Agreement, and its vendors' sales of products permitted under this Agreement, will not conflict with or breach the terms of any agreement or commitment between the City and any business operating within the market area of the Property.
2.2 Relocation of Downey Farmers' Market. If City must relocate the Downey Farmers' Market, the City Manager or his/her designee will provide written notice to RI at least fifteen (15) days prior to the effective date of relocation and set forth the terms and conditions of RI's use of the new location for the Downey Farmers' Market.
TERM OF AGREEMENT.
3.1. Condition of Operation. RI agrees to operate the Downey Farmers' Market at the direction of the City in accordance with the City's market rules and regulations listed in Exhibit C, which may be amended by the City with written notice to RI. RI shall distribute City's market rules and regulations to all vendors of the Downey Farmers' Market. RI agrees to conduct the Downey Farmers' Market according the terms of this Agreement on the Property. RI agrees that City shall not be obligated to provide the Downey Farmers' Market, RI or anyone else direct or indirect financial assistance for the development, maintenance or operation of the Downey Farmers' Market and that RI shall be solely responsible for all costs and expenses related to the operation of the Downey Farmers' Market.
3.2 Maintenance. RI shall be responsible for the overall maintenance of the Property and the areas adjacent to the Downey Farmers' Market, which includes trash pick-up and street/sidewalk maintenance (i.e. sweeping/cleaning) on City Property on Second Street between La Reina Avenue and New Street, during and immediately after 9:00 am to 1:00 p.m. ("Market Hours") to ensure the Property remains clean. RI agrees to place an adequate amount of trash receptacles throughout the Property for both public and vendor use during Operating Hours. RI shall empty the City's existing green trash receptacles located along Downey Avenue after Market Hours. All bagged/loose trash collected from the market event shall be disposed of in the City's trash dumpster placed on the first floor (by west entrance) of the City parking structure located at Second Street and La Reina Avenue. 2 RI shall properly notify all market vendors of the proper maintenance/disposal procedures and shall ensure that vendors are following the established protocols. If City staff is required to conduct event cleanup for failure of RI or market vendors to follow cleanup procedures, RI will be billed for said staff time. Additionally, if the City determines upon inspection that vendors are not conducting proper cleanup, RI personnel will be required to physically standby until all vendors leave the premises to ensure that all cleaning/trash disposal is handled in accordance with this subsection.
3.3 Initial Term. The initial term of this Agreement shall be for one (1) year from the Effective Date of this Agreement. This Agreement shall be automatically renewed and extended for one-year (renewal period) unless the City or RI notifies the other parry in writing that it is terminating this Agreement at least (30) days prior to the expiration of the then current term.
3.4 Compliance with Laws. RI warrants that it shall use and occupy the Property in accordance and compliance with all applicable laws, statutes, ordinances, rules, regulations, orders and requirements in effect during the Agreement.
3.5 Other Obligations.
(1) RI will send a designated representative to all Downtown Downey Improvement Association (DDIA) board meetings once per month to provide updates on the Downey Farmers' Market. (2) RI will pay 10% of all gross revenues from the Downey Farmer's Market to the City of Downey which City shall provide to the DDIA for Downtown Downey revitalization efforts. RI will provide the City evidence of its bookkeeping which demonstrates that the required 10 (%) percent of gross revenues from the Downey Farmer's Market has been provided to the City. RI will provide payment and documentation supporting the required payment on a monthly basis to the City Finance Department and Community Development Department by the 15th of the following month. (3) City will provide money paid by RI to the DDIA for Downtown Downey revitalization efforts within net 30 days of receipt from RI. City has no obligation to provide any amount of the 10% gross revenues sent to the City by RI until actually received by the City from RI. DDIA affirms and acknowledges that the City has no obligation to provide any money to DDIA unless and until it is actually received by the City from RI. DDIA releases City from any claims due to nonpayment of money to DDIA caused by RI's failure to pay the City.
(4) DDIA may only use the funds provided by the City under this Agreement for Downtown Downey Community Benefit District revitalization efforts including administrative expenses and for special benefit services in accordance with the Management and Disbursement Agreement, attached and incorporated herein as Exhibit D. The DDIA shall treat all funds provided to it by the City under this Agreement in the same manner "District Revenues," as defined in Section 2 of the Management and Disbursement Agreement.
4. INDEPENDENT CONTRACTOR.
4.1. RI agrees to hire, employ or otherwise direct a Market Manager to coordinate, manage and operate each and every Saturday the Downey Farmers' Market takes place.
4.2. RI enters into this Agreement as an independent contractor and not as an employee of the City. RI shall have no power or authority by this Agreement to bind the City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees,
agents, contractors or subcontractors hired or retained by RI, including but limited to the Market Manager and any vendor, are employees, agents, contractors or subcontractors of RI and not of the City.
The City shall not be obligated in any way to pay any fees, costs, wage claims, benefits, overtime or any other claims made against RI by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this Agreement.
5. FEE WAIVER. City agrees to waive any and all applicable City -issued permits, business license, vendor and street closure fees for RI and its vendors' activities at the Downey Farmers' Market.
6. NOTICE. Any notice, payment or instrument required or permitted by this Agreement to any parry shall be deemed to have been received when personally delivered to any parry or seventy-two (72) hours following mailing of the same, first class, postage prepaid, addressed as follows:
City: City of Downey
11111 Brookshire Ave.
Downey, CA 90241
Attn: City Manager's Office
Courtesy copy to: City Attorney's Office
City of Downey
11111 Brookshire Avenue
Downey, CA 90241
RI: RAW INSPIRATION, INC.
23051 Park Sorrento
Calabasas, CA 91302
Attn: Melissa Farwell
DDIA: Jorge Villa, President
8255 Firestone Blvd., Suite 308
Downey, CA 90241
Attn: Hans K. Fritz
7. INDEMNITY. RI shall indemnify, defend and hold harmless City, its elected officials, officers, agents, employees and volunteers ("Indemnified Parties") from and against any and all claims, damages, injuries, demands, liability, costs, losses and expenses, including, without limitation, court costs and reasonable attorneys' fees, arising out of, in connection with or in any way related to RI's or RI's officers, officials, employees, volunteers or contractors actions or inactions related to this Agreement, including without limitation any actions or inactions of vendors of the Downey Farmers' Market, except such loss or damage caused by the sole negligence of City.
The City - shall indemnify, defend and hold harmless RI and its agents, advisors, employees, partners, shareholders, directors, invitees, independent contractors from and against any and all indirect claims, damages, injuries, demands, liability, costs, losses and expenses, including, without limitation, court costs and reasonable attorneys' fees, arising out of, in connection with or in any way related to City's breach of any of its covenants, representations or warranties set forth in this Agreement.
0 8. COMMERCIAL GENERAL LIABILITY INSURANCE. As a condition precedent to the effectiveness of this Agreement and without limiting the indemnity provisions of this Agreement, RI shall obtain and maintain in full force and effect a policy of Commercial General Liability Insurance of no less than $2,000,000 per occurrence for products and completed operations, bodily injury, property damage and personal and advertising injury. If Commercial General Liability Insurance or other form with general aggregate limit applies, either the general aggregate limit shall apply separately to this Agreement/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit
9.1. The Commercial General Liability policy shall be endorsed to state that:
(1) the City, its elected officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to liability arising from Services or operations performed by or on behalf of RI under this Agreement, including materials or equipment furnished in connection with such Services or operations; and (2) the insurance coverage shall be primary insurance as respects the City, its elected officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Commercial General Liability insurance coverage may be provided in the form of an endorsement to the Consultant's insurance (at lease as broad as ISO Form CG 2010 11 85 or both CG 20 10, CG 20 26, CG 20 33 or CG 20 38; and CG 20 37 forms if later revisions are used).
9.2. RI shall provide City with original certificates of the Required Insurance prior to RI's use of the Property.
9.3 The Required Insurance shall be primary and any other insurance, deductible, or self- insurance maintained by the Indemnified Parties shall not contribute with this primary insurance.
9.4 The Required Insurance policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty (30) days' prior written notice of cancellation has been served upon City except ten (10) days' prior written notice shall be allowed for non-payment of premium.
9.5 The Required Insurance shall be obtained from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to do business in the State of California.
9.6 RI hereby grants to City a waiver of any right to subrogation which any insurer of said RI may acquire against the City by virtue of the payment of any loss under said insurance policies set forth herein. RI agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
10. WORKERS' COMPENSATION INSURANCE. As a condition precedent to the effectiveness of this Agreement and without limiting the indemnity provisions of this Agreement, RI shall provide evidence satisfactory to the City that it has secured all Workers' Compensation Insurance as required by the Labor Code of the State of California with Statutory Limits; and Employer's Liability limits of no less than $2,000,000 per accident for bodily injury or disease.
Employer's Liability coverage may be waived by the City if City receives written verification that Consultant has no employees.
11. TERMINATION. Either party may terminate the whole or any part of this Agreement at any time either for cause or without cause by giving written notice to the other party of such termination, and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination.
12. DAMAGE TO PROPERTY AND RESTORATION
12.1 RI assumes responsibility for all damage to the Property caused by, or related to, its use thereof, and shall reimburse the City for correction of any such damage.
12.2 Dut,, toRepair, Restore or Replace. Within five (15) days of the termination or expiration of this Agreement, RI shall remove any remaining personal property and restore the property to the condition it was in prior to the execution of this agreement. If the RI fails to remove such Property or restore the Property pursuant to the reasonable satisfaction of the City, within this time frame it shall be liable for liquidated damages in the amount of $100 per day. In such event, the City shall have the option of restoring the Property at the RI's expense. Any cost incurred by the City in so doing shall constitute a debt of the RI to the City, recoverable by the City in any manner provided by law, and shall be in addition to any liquidated damages due to the extent that the City's costs exceed the amounts RI paid as liquidated damages.
13. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties hereto. No assignment of this Agreement shall be made without City's prior written consent, which shall be granted or denied at City's sole discretion.
14. ATTORNEYS' FEES. If any legal action, or any arbitration or other proceeding is initiated for the enforcement of this Agreement or because of any alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees, witness fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled.
15. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, such portion shall be deemed severed from this Agreement and the remaining parts shall remain in full effect as though such invalid or unenforceable provision had not been a part of this Agreement.
16. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. Venue shall be in the courts of Los Angeles County.
17. THIRD PARTY. This Agreement confers a right by DDIA to payment of revenues from the Farmer's Market as discussed in Section 3.5 of this Agreement, but DDIA's ability to enforce this Agreement and DDIA's rights do not extend beyond the right to payment of those funds. In no event shall DDIA have a right to payment of revenues discussed in Section 3.5 from City if City has not received revenues discussed in Section 3.5 from RI.
18. NO THIRD -PARTY BENEFICIARIES. Except as otherwise provided under Section 17 of this Agreement, the rights in favor of RI and the City set forth in this Agreement shall be for the exclusive benefit of RI and the City, respectively, it being the express intention of the Parties that in no event shall such rights be conferred upon or for the benefit of any third party. 0 19. NO WAIVER. The failure of a Party to insist on strict performance of any provision of the Agreement does not constitute a waiver of, or estoppel against asserting, the right to require performance In the future. A waiver or estoppel given in any one instance does not constitute a waiver or estoppel with respect to a later obligation or breach.
20. FORCE MAJEURE. Neither Party is responsible for any delay or failure in performance of any part of this Agreement to the extent that delay or failure is caused by fire, flood, explosion, war, embargo, government requirement, civil or military authority, act of God, act or omission of carriers or other similar causes beyond the Party's control.
21. AUTHORITY. Each of the persons signing this Agreement represents and warrants that they have authority to bind the party for whom they are signing.
22. COMPLIANCE WITH APPLICABLE LAW. RI and the City shall comply with all applicable laws, ordinances and codes of the Federal, State, County and City governments
23. COUNTERPART EXECUTION. This Agreement may be executed in any number of counterparts with the same effect as if all the Parties had signed the same document; all counterparts shall be construed together and shall constitute one and the same instrument. The delivery of an executed counterpart to this Agreement by electronic means (including via email) shall be as effective as the delivery of a manually executed counterpart.
24. CONSTRUCTION. The headings in this Agreement are inserted for convenience and identification only. When the context requires, the number of all words shall include the singular and the plural. In this Agreement, words importing any gender include the other genders and the words including, includes and include shall be deemed to be followed by the words without limitation. All documents or items attached to, or referred to in, this Agreement are incorporated into this Agreement as fully as if stated within the body of this Agreement. The Agreement expresses the mutual intent of the Parties to this Agreement and the rule of construction against the drafting Party has no application to this Agreement.
25. TAXES. This Agreement may create a taxable property interest in the Property. RI is solely responsible for the personal Property, possessory interest, income, franchise and similar taxes imposed on the Property up to and including the date of expiration, termination or cancellation of this Agreement and Term.
26. ENTIRE AGREEMENT. This Agreement embodies the entire understanding and agreement between the Parties pertaining to the matters described herein and supersedes and cancels all prior oral or written agreements between the Parties with respect to these matters. Each Party acknowledges that no parry, agent or representative of the other parry has made any promise, representation or warranty, express or implied, not expressly contained in this Agreement, that induced the other Party to sign this document.
[Signatures on the Next Page]
7 IN WITNESS WHEREOF, the Parties hereto .have signed this Agreement the day and year first above written.
4jul
Raw Inspiration, a California
Nonprofit Corporation
B'.
Name: Melissa Farwell Title:
Market Coordinator
"DDIA"
Downto Downey ov ment
Associ
By:
Name: Jorge Villa
Title: President
44citY"
City of Downey
By: Roger ra ey, ity Manager:
ATTEST:
Maria Alicia Duarte, CMC
City Clerk
APPROVED AS TO FORM:
�14 X" L-11
Jo# Funk, City Attorney
8 EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
The Downey Farmers' market shall be held on City Property on Second Street between La Reina Avenue and New Street, California, as depicted in the red cross -hatched are on the map in Exhibit B. 9 EXHIBIT C
DOWNEY FARMERS' MARKET - CITY RULES
• Market vendors are expected to conduct themselves in a safe and courteous manner. No rude, abusive, insulting, disruptive or threatening language/behavior is permitted. • No form of music or live entertainment shall be allowed during market hours. No loud hawking or shouting to promote products is allowed.
• No filming allowed at the market, unless it is done by the City for marketing purposes.
• No animals are allowed at the market, with the exception of service animals. • No solicitation allowed at the market. Solicitation refers to any oral or written request, offer or enticement, or action which indicates the availability to provide services for compensation or which seeks to purchase or secure services or goods; the purchase or sale of goods; a request for money or other property; or a contribution of money or other property.
• No bicycling, skateboarding, roller skating, or riding of scooters is permitted. • Smoking is prohibited at the market.
• Alcoholic beverages are prohibited at the market.
• Subject to space availability, table space at the market is provided only for City departments and programs to distribute information to market visitors. • Market vendors must park off -site and leave near -by parking for the public. Vendors may park their vehicles in the Public Parking Structure located at the corner of 2nd Street and New Street, in Downtown Downey.
• Vendors may park their vehicles near the market to unload their items, but once the market opens at 9:00 a.m., they will need to move their vehicles to either the Downtown Public Parking Structure or other parking spaces not directly close to the market. Nearby parking should be left for the public. Once the market closes at 1:00 pm., vendors may drive their vehicles back close to the market to load their belongings. • Market vendors are required to maintain their individual selling space in a clean, safe and sanitary manner during the course of the market, including protecting the pavement from drips from any part of a market participant's vehicle and/or from food prepared or sold in the stall space.
• Public trash receptacles may not be used for disposal of any excess product from market vendors such as produce and other items sold.
• Market vendors found violating any of these rules will be given two (2) warnings before they are subject to immediate dismissal from the market. 11 i .-
California • Corporation and
Charter City
The Downtown Downey improvement Association,
California •PublicBenefitCorporation
r
This Management and Disbursement Agreement ("Agreement") between the City of Downey, a California municipal corporation and charter city, (the "City") and the Downtown Downey Improvement Association of Downey, a California Non -Profit Public Benefit Corporation, (the "DDIA") is entered into this of November 13, 2018 ("Effective Date"). City and DDIA shall respectively be referred to as the "Party" or collectively as the "Parties."
WHEREAS, under Article II Chapter 14 of the Downey Municipal Code entitled "Downey Community Benefit District Procedural Ordinance" (`Ordinance"), which was adopted by the City Council on October 27, 2015, the City is authorized to establish a Community Benefit District("CBD") for a maximum of 20 years to enhance security, safety appearance and economic viability within such districts; and WHEREAS, consistent with the process defined by Ordinance, on July 24, 2018, following a public hearing, the City Council adopted Resolution No. 18-7829 approving the creation of the Downtown Downey Community Benefit District of 2018 ("District"); and WHEREAS, the Management District Plan ("District Plan") and Engineer's Report that provide the legal basis for the District describe and set forth the intended particular and special benefit the property owners in the District will receive including but not limited to special events, private security, beautification, marketing, promotional activities, public space development, enhancement for property owners, street sweeping, steam cleaning, public art and administration to be provided by the DDIA through implementation of the District Plan (the "District Plan Improvements"); and
WHEREAS, the City through a District ballot held on July 24, 2018 received more than 50%weighted approval to levy and collect the property assessments for use and administration pursuant to the District Plan; and
WHEREAS, the District Plan Improvements will be funded through an annual levy of special assessments upon real property within the District (the "Assessments"), commencing on December 1, 2018, and continuing for period not to exceed twenty (20) years or until the property owner petition and vote to disestablish the District; and WHEREAS, the City desires to contract with DDIA to provide for the operation and management of the District and the implementation of the District Plan; such services include but are not limited to creating a District budget and policies to comply with the District Plan; for preparing and filing quarterly and annual reports with the City reflecting compliance with the District Plan; and for overseeing the day-to-day implementation of the District Plan Improvements; and
WHEREAS, the Parties desire to enter into this Agreement in order to coordinate their respective activities necessary for the successful operation, administration and implementation of the District Plan and District Plan Improvements. 2 NOW THEREFORE, the Parties to this Agreement do hereby covenant and agree as follows;'
1. DDIA Remonsibilities.
2. Scope of Disbursement Duties. DDIA agrees to promptlyperform all duties' specified in the District Plan, attached hereto as Exhibit A and on file with the City Clerk. DDIA and the City shall each respectively designate an individual or individuals who shall be responsible for communications with each other for the duration of this Agreement.
Nothing in this Agreement shall be construed to require DDIA to perform as specified in the District Plan if funds are not available to perform those duties due to lack of funding from Assessments or other revenues from operation of the District (the "District Revenues"). DDIA shall notify City in writing as soon as DDIA is aware that District Revenues are insufficient or not available to perform duties specified in the District Plan.
3. Method of Perform ing Disbursement Duties. The method, details and means of performing the disbursement of District Revenues shall be as described in the District Plan attached hereto as Exhibit A, and as set forth herein (the "Disbursement Duties").
In the event of any conflict between the District Plan and this Agreement, disbursement of District Revenues shall be for the special benefits described in the District Plan.
4. District Term. DDIA's Disbursement Duties shall begin on December 1, 2018, or as soon as the first year Assessments have been transferred by the City to the DDIA.
DDIA shall complete their Disbursement Duties if and when the District has been disestablished through a mail ballot procedure of the CBD property owners , subject to the annual review and termination provisions in Section 13 of this Agreement.
4.1. Pro ram Im lementation and:Operation. DDIA shall be fully responsible for developing, implementing, directing and operating the District Plan attached hereto as Exhibit A and on file in the City Clerk's Office. DDIA assumes all responsibility for completing activities required to implement the District Plan and its programs.
4.2. Competitive idoin< DDIA shall competitively bid all contracts over $50,000 and shall keep and provide copies of all bids submitted for review to any affected property owners or to the City upon request. The lowest bidder will not necessarily receive the contract that is bid, but is a factor in awarding the contract. The quality, performance and experience of bidding contractor shall also be taken into consideration prior to the awarding of that contract. The maximum contract term shall be three years for competitively bid projects. Employment contracts are exempt from this provision. Administrative services or staffing shall be bid out but not be subject to the three-year review and renewal of services if both parties agree to keep the agreement in place and there is a 30-day "no cause" termination provision in the agreement.
4.3.'Separate Bank Account for District Revenues. All District Revenues received by DDIA pursuant to this Agreement shall be held in a bank account separate and apart from any other funds managed or administered by DDIA, and shall not be co mingled with any other funds (the "Account"). Copies of all DDIA District Revenue
Account statements shall be made available within ten (10) working days to the City upon request. DDIA shall provide the City with evidence of the establishment of the required District Revenue Account prior to the City transferring any Assessments to the DDIA.
4.4. Use of Downtown Downev Communitv Benefit District or DDIA Name. The name "Downtown Downey Community Benefit District" or the " Downtown Downey Improvement Association" as its management corporation, or an appropriate abbreviation, shall appear on all marketing and promotional materials funded in part or in whole by District Revenues.
4.5._Reporting to Property Owners within the District. A statement of activities/programs funded by District Revenues, and the cost of each such activity or program shall be mailed to every property owner within one -hundred and twenty days (120) of the close of the fiscal year consistent with Section 9 of the DDIA By-laws, (the "Activity Statement") commencing after the end of the first Fiscal Year November 30, 2019.
A copy of the Activity Statement and a list of property owner names and addresses shall be provided to the City no later than June 1st, of each year during the Term.
4.6. Coen Meetin slaws. DDIA shall comply with the open meeting requirements of the Ralph M. Brown Act with regard to its performance of this Agreement. DDIA must maintain and disclose any District -related records in accordance with the requirements of the California Public Records Act.
4.7. Program and Budget Reports.
4.7.1. AnnualRe arts 1�Plans and ud ets. The DDIA shall "submit an Annual Report to the City for each fiscal year for which Assessments were levied and collected by the City. An Annual Report will include at the minimum, copies of Board minutes and meeting notes. In addition, the DDIA shall also submit for City approval an Annual Work Plan and Budget on or before December 1 st of each year for each fiscal year for which Assessments are to be levied and collected (the "Annual Report and Budget"). The Annual Work Plan and Budget shall be prepared in accordance with Section 36622 of the Streets and Highways Code, and Article XIII.D of the California Constitution. The Annual Work Plan and Budget, assuming that no structural changes are recommended to the Engineer's Report, will be approved each year before December 1, the beginning of the new Fiscal Year. If changes to the Annual Work Plan and/or Budget that require changing the Engineer's Report are requested that would require a public hearing and/or a public meeting pursuant to state law, the Ordinance, or which would affect the Assessment database and resulting budget of the upcoming fiscal year, then such modification shall be submitted prior to May 1 st of each year. The City must report any changes to the database or boundaries to the County by July 15th of each year during the Term. Each program or activity specified in the District Plan and succeeding programs and activities shall be implemented within the approved budget amounts in accordance with the District Plan and this
Agreement. Any obligations or expenditures not specifically budgeted shall not be paid from District Revenues.
4.7.2. City's General Fund Not Liable. The City shall only be responsible for payment of its property assessment as a property owner in the District.
Neither the City's General Fund, nor any other City fund, revenue source, or any other City monies, except the actual Assessment for property the City owns in the District, shall be collected from the County and transferred to the DDIA by the City. The City is not obliged to loan or procure funding for the District. All Parties acknowledge and agree that any unpaid Assessments in the District are not a debt of the City, nor legal or equitable pledge, charge, lien or encumbrance upon any City property or upon City income, receipts or revenues.
4.8. Financial Statements.
4.8.1. Annually, in conjunction with the Annual Report and Budget, DDIA shall prepare financial statements that document the disposition, commitment and line item expenditures of all District Revenues received during the previous calendar year (the "Financial Statement"). The Financial Statement shall be prepared by a Certified Public Accountant (CPA) acceptable to the City who will provide a "Review Opinion" regarding whether or not there are any material modifications that should be made to the Financial Statement in order for them to be in conformity with accounting principles generally accepted in the United States..
4.8.2. DDIA shall conduct a financial auditfollowing their first year in operation. The audit shall be submitted the City for review. The City shall have the right to request that a financial audit be conducted every five (5) years during the term of this Agreement. During the interim years, Financial Statements may submitted in lieu of a financial audit. The City may request a full audit of DDIA's Financial Statements, if in its sole and absolute discretion, the City believes such an audit is necessary. The review or audit will be paid for by DDIA.
4.8.3. The City's review of the DDIA Financial Statements shall be conducted in accordance with Government Auditing Standards (2003 and subsequent revisions) prescribed by the Comptroller General of the United States. All other audits shall be prepared in accordance with Generally Accepted Accounting Principles in the United States of America.
.8.4. Any District Revenues necessary to cover DDIA's portion of the Financial Statement shall beset aside in the Budget.
4.8.5. The Financial Statement shall be delivered to the City at the same time as the Annual Report and Budget or within 90 days of the completion of each fiscal year of the DDIA;
5 4.9 Cooperation. DDIA shall perform its obligations and carry out its responsibilities under this Agreement and the Management Plan in a cooperative manner with the City. Implementation activities shall be coordinated with the City as necessary.
4.10 Assessment Records. DDIA shall maintain a complete database for each parcel assessed within the District, containing the following information:
4.10.1 Assessor's Parcel Number;
4.10.2 Street Address;
4.10.3 Name and Address of Owner(s) of Record;
4.10.4 Amount of the Assessment Levied;
4.10.5 Proportionate Financial Obligation Imposed, compared to District; and
4.10.6 Assessment Calculations, including all variables used DDIA agrees to maintain such information and make it available to property owners within the District during regular business hours.
4.11 Annual Assessment Pre aration. By June 1 st of each operating year, DDIA shall provide the City with Assessment data for the subsequent tax year (July 1 — June 30), in a format prescribed by the City. The Assessment data shall include all of the information required in "Assessment Records," as described in paragraph
4.10. 4.12 liaison with Cornmun,i. DDIA shall maintain on -going communication and coordination with District property owners, residents and property owners, which shall include:
4.12.1 Annual Meeting. . At its own cost and expense, DDIA shall organize and conduct, at a minimum, one (1) annual public meeting to be noticed in writing and mailed to all record owners of property in the District. This meeting will be conducted at a location convenient to the District. A City representative may attend as a member of the panel to provide information and assistance.
4.12.2 Other Events. Such other events and activities involving District members that encourage attainment of the District goals and objectives.
4.12.3 Cost and Expense ,Records. DDIA shall maintain full and complete records of activities performed under this Agreement. Such records shall be open to inspection by the City, and shall be maintained for minimum of four (4) years after the termination of this Agreement.
2 4.12.4 Payment of Taxes. DDIA is responsible for paying, when due, all taxes, including income taxes, if any, including estimated taxes, incurred as a result of activities completed under this Agreement. On request, DDIA will provide City with proof of timely payment of any taxes. DDIA agrees to indemnify and defend City, with counsel acceptable to the City, for any claims, costs, losses, fees, penalties, interest or damages suffered by City resulting from DDIA's failure to comply with this provision.
4.12.5 Payment Qf Expenses. DDIA will be responsible for all expenses incurred in performing its duties under this Agreement.
4.12.6 Tools. Materials and EAujpr gnt. DDIA will supply all tools, materials and equipment required, if any, to perform the Disbursement Duties.
4.12.7 Corr sensation. DDIA agrees and understands that it shall receive no compensation for any of the Disbursement Duties or other obligations set forth in this Agreement.
•
5.1 Administration. This Agreement shall be administered by the City Manager or his/her designee (referred to herein as "City") on behalf of the City. The City agrees to:
5.1.1 Coordinate the collection of the annual Assessment through an agreement with Los Angeles County; (hereafter referred to as "the County"), ensure the billing of those public or tax-exempt entities not billed through the County property tax billing procedures; and monitor the payment process to obtain timely payment of Assessments by public entities and other tax-exempt District property owners;
5.1.2 Provide timely District property tax roll information to the County Auditor - Controller in order to include the annual Assessment amounts on the County's property tax bills;
5.1.3 Direct the disbursement of collected Assessments to DDIA in accordance with this Agreement and the approved Annual Report and Budget; and
5.1.4 Perform other related tasks, as agreed to by the City.
5.2 Discre ancies and Assessment Dis utes. The City may assist with the resolution of any discrepancies in individual Assessment amounts or calculations and has the authority to:
5.2.1 Conduct reviews and or audits of any Assessment related data; verify Assessment data as compiled by any consultant, sub -consultant, or other party hired by DDIA; perform field or on -site inspections to verify the accuracy of Assessment data or investigate any property owner claims concerning the accuracy of any Assessment data; and
7 5.2.2 Recalculate the Assessment amount due and request the Tax Collector of Los Angeles County to make the requested adjustments. Provided however, that if the Tax Collector does not honor the City's request to recalculate the Assessment, the City shall not be liable in any way for any Assessments other than its own, and shall not be obligated to pursue any action against the Tax Collector to obtain any adjustment or recalculation.
5.3 Disbursements. The annual District Assessments, including Assessments to be collected from the City and tax-exempt property owners, will be collected through the County property tax collection procedures and will be transmitted to the City pursuant to agreements between the City and County. City shall disburse all of the collected Assessments to DDIA pursuant to the terms and conditions of this Agreement. The City shall not be obligated to disburse Assessments which have not been collected. Upon request by DDIA, and with approval of the City subject to compliance with this Agreement, any Assessments received by the City that are in excess of the annual Assessment (penalties, late -payments, etc.) shall be disbursed to the DDIA upon receipt.
5.4 Assessment Disbursement Schedule. Contingent uponreceipt of District Assessment funds from the County as well as those collected by the City for parcels that are tax-exempt and contingent upon DDIA's compliance with this Agreement and the District Plan, the City shall disburse to the DDIA the Assessments received from the County in accordance with the following schedule:
December 23rd Fifty percent (50%) of annual Assessment received from the County, or the full amount transferred by the
County to the City in the December installment,
whichever is greater. Plus 50% of the annual
Assessments received and collected by the City for tax- exempt and publicly owned parcels within the District.
Nothing in this agreement_ shall prevent the City or its entities from paying its full assessments after the
beginning of the fiscal year, (July 1s);
May 10t" Fifty per cent (50%) of the annual Assessment received from the County, or the full amount transferred by the
County to the City in the April installment, whichever is greater. Plus 50% of the annual Assessments received
and collected by the City for tax-exempt and publicly
owned parcels within the District.
8 June 20t" Any additional Assessment amounts transferred to the City that were collected during the fiscal year
(terminating on June 30t") and transferred to the City, shall be forwarded to DDIA based on the schedule set
forth in 5.4 herein above. Said additional amounts may
include any delinquency or penalty amounts from the
late or non-payment of Assessments by any property
owner in the District.
5.5 Subseouent Adjustments. If there is an adjustment in the Disbursement due to changes in receipts of the District, such Disbursement may be adjusted in the following year. The City shall not be responsible for delays in payments due to delays in transmittal by the County.
5.6 City Review of Financial Summary. The City reserves the right at any time to request a current financial summary of all District Revenues committed and/or spent from DDIA. DDIA shall submit such financial summary to the City within thirty (30) business days of the City's request. The City reserves the right to review the summary and to refuse to disburse any further installments if it is not satisfied with the statement or with regard to the propriety of DDIA's commitment or expenditure during the previous quarter(s). 6 Costs and Expenses. The Parties acknowledge that the County will deduct from the funds collected on behalf of the District the County's administrative costs for the collection and distribution of Assessments to the City (the "County Administrative Costs"). The City shall not charge any administrative fees for the transfer of funds annually to the DDIA.
7 Ownership of Documents. The designs, plans, reports, files, invoices, investigation materials, documents prepared or acquired by or for DDIA pursuant to this Agreement become the joint property of the City and DDIA. DDIA agrees to exercise due diligence in providing for the secure storage of all such materials and to provide copies for official City records upon the request of City.
8 Independent Contractor. It is expresslyagreed that in the performance of this Agreement, DDIA is an independent contractor and is not an employee of City. DDIA retains the right to control and supervise its activities, and employment, direction, compensation and discharge of all persons assisting DDIA in the performance of this Agreement. DDIA shall be solely responsible for all matters relating to the payment of its employees, including compliance with social security, withholding and all other regulations governing such matters, and shall be solely responsible for DDIA's own acts and those of DDIA's subordinates and employees.
9 DDIA Not Agent of City'. Neither DDIA nor any of its employees, agents, representatives or subcontractors are or shall be deemed to be agents of the City or public officials for any purpose, including fulfillment of DDIA's obligations pursuant to this Agreement.
None of the funds generated by the Downtown Downey Community Benefit District are to be considered "public funds" as defined or controlled by the City of Downey.
M
10 DDIA's Qualifications. DDIA represents that it has the qualifications and skills necessary to perform the Disbursement Duties under this Agreement in a competent and professional manner without the advice or direction of City. Failure to perform all of the Disbursement Duties constitutes a material breach of this Agreement, and is cause for termination.
11 Non -Exclusive Relationship. DDIA may perform services for, and contract with other clients, persons or companies in its sole discretion so long as such services and contracts do not breach this Agreement.
12 Compliance with Downey CBD Ordinance; The DDIA shall comply with all requirements of the Ordinance under Downey Municipal Code. 13 Term and Termination
13.1 Term and Termination. This Agreement shall become effective on the Effective Date and terminate when the District ceases to exist due to a successful disestablishment of the District.
13.2 Early Termination. Either Party may terminate this Agreement at anytime upon giving the other party sixty (60) days' prior written notice and upon successful disestablishment of the District.
13.3 Termination for Default. 1f either Party defaults in the performance of any of the terms and/or provisions to be performed by a Party pursuant to this Agreement,_ then the non -defaulting Party shall provide written notice to the defaulting Party describing the default and requesting a cure ("Default Notice"). If such default is not cured within thirty (30) days (or if the default is not susceptible to cure within said thirty -day period) after the Default Notice is mailed or delivered, then the non -defaulting Party may terminate this Agreement. To the extent the alleged default concerns or relates to the use or expenditures of District Revenues, DDIA shall holdall unencumbered District Revenues in an escrow account until the default is cured and provide proof of escrow account deposit within seven (7) days of the City's written request.
14. Inspection of Books and Records. During the Term, and for a period of four (4) years after the Term, or two (2) years after the closure of any disputed matter, whichever occurs later, (the "Audit Period"), DDIA shall maintain financial and operational records related to this Agreement, which include, but are not limited to the Annual Financial Statements, the Annual Reports andBudgetsand any audits (the "Books and Records")._ At the request of the City, DDIA shall make all Books and Records open to inspection by the City, or its designee during normal business hours.
15. on -Discrimination in Employment. DDIA certifies and agrees not to discriminate against any employee or person who is subject to this Agreement because of race, color, religion, religious belief, national origin, ancestry, citizenship, age, sex, sexual orientation, marital status, pregnancy, parenthood, medical condition, or physical or mental disability or other protected classes asmaybe added under State or Federal law.
Evidence of discrimination shall be sufficient cause for termination of this Agreement. 10 16. Public Liability and Property Damage Insurance. DDIA shall assume all responsibility for damages to property and injuries to persons, including accidental death, which may arise out of or may be caused by DDIA's performance of this Agreement, by its employees, agents, representatives or subcontractors , and regardless of whether such damage or injury may accrue, or may be discovered, before or after termination of this Agreement. At its own expense, DDIA shall obtain, pay for and maintain during the life of the Agreement an "occurrence" policy for Commercial General Liability (including Contractual Liability) and for Automobile Liability which shall protect it from claims for injuries and damages. The DDIA shall demonstrate that it has such policies fully paid for and in place within 60 days of the transfer of the first installment of assessment funds from the City in December 2018. DDIA shall require that any of its subcontractors, independent contractors and subconsultants maintain the same level of insurance as required under this Agreement_ prior to performing work for the DDIA. The policy shall name the "City of Downey, its elected and appointed officials, officers, agents and employees" as additional insureds under the policy in the following amounts:
16.1 COMMERCIAL GENERAL LIABILITY INSURANCE in an amount not less than Two Million Dollars ($2,000,000) per occurrence for personal injuries, including accidental death, to any one person; property damage insurance in an amount not less than Two Million Dollars ($2,000,000) and subject to the above limits and combined single limit of insurance in an amount not less than Two Million Dollars ($2,000,000). If a general aggregate limit applies, either the general aggregate limit shall apply separately (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit; and
16.2 AUTOMOBILE LIABILITY INSURANCE endorsed for all vehicles (whether rented, leased, hired, scheduled, owned or non -owned), in an amount not less than One Million Dollars ($1,000,000) per occurrence for personal injuries, including accidental death, to any one person; property damage insurance in an amount not less than One Million Dollars ($1,000,000) and subject to the above limits and combined single limit of insurance in an amount not less than One Million Dollars ($1,000,000).
16.3 PROFESSIONAL LIABILITY (ERRORS & OMISSIONS): Insurance appropriate to the DDIA's profession with limits of no less than $2,000,000 per occurrence or claim; $2,000,000 in the aggregate.
16.4 At all times, the insurance company issuing said policy shall be an "admitted" insurer in the State of California and shall carry an A.M. Best & Company minimum rating of AA:VII.
16.5 All policies shall contain a "Severability of Interest" clause and a "Primary Coverage" clause for any loss arising out of or caused by DDIA's performance of the Agreement. In addition, the policies shall contain a statement of obligation on the insurance carrier's part to notify City, by registered mail, at least thirty (30) days in advance of any policy cancellation, termination or reduction in the amount of coverage.
11 16.6 Within sixty (60) days of the first transfer of funds from the City, the DDIA shall deliver to City a "certificate of insurance" and an "additional insured endorsement", both documents countersigned by the insurance carrier or its authorized representative, on forms satisfactory to the City, which set forth the above provisions.
16.7 The countersigned certificate, along with the additional insured endorsement, shall state:
"The City of Downey, its elected and appointed officials, officers, agents and employees are named as additional insureds under this policy. This insurance is primary to the coverage of the Downey Successor Agency and the City of Downey.
Neither the Agency nor the City or any of their insurers shall be required to contribute to any loss. This policy contains a severability of interest clause. The issuing company shall mail thirty (30) days advance notice to the City of any policy cancellation, termination or reduction in the amount of coverage."
16.8 Additionally, the certificate of insurance shall state if any claim has been paid or is currently pending under the policy, and if so, the amount of the claim(s) and the amount of liability limits as lowered by the paid or pending claim(s). Any deductibles or self -insured retentions shall be set forth on the certificate and shall be subject to City's review and approval.
16.9 WORKERS' COMPENSATION INSURANCE. DDIA understands and agrees that all persons furnishing services to DDIA under this Agreement are, for the purpose of workers' compensation liability, employees solely of DDIA and not of City. DDIA shall bear the sole responsibility and liability for furnishing workers' compensation benefits to its employees, or anyone it directly or indirectly employs, for injuries arising out of or connected with services performed on behalf of DDIA.
16.10 At its ownexpense, DDIA shall obtain, pay for, and maintain for the duration of the Agreement, complete workers' compensation insurance. DDIA shall provide proof of workers' compensation coverage by delivering to City either an insurance certificate or a certificate of consent to self -insure. The City shall not be responsible for any claims at law or in equity caused by DDIA's failure to comply with this paragraph. All workers' compensation insurance policies shall bear an endorsement, or shall attach a rider, which provides that the insurer will Notify City, by registered mail, at least thirty (30) days in advance of the policy's expiration, termination or cancellation.
16.11 DDIA'S FAILURE TO OBTAIN, PAY FOR, OR MAINTAIN INSURANCE.
DDIA shall deliver to City the required certificate(s) of insurance and endorsement(s) to the City within sixty (60) days of the first transfer of funds under this Agreement.
DDIA's failure to obtain, pay for, or maintain any required insurance shall constitute a material breach upon which City may immediately terminate or suspend this Agreement. In the event of any termination or suspension, City may use the services of another consultant or consultants, without City incurring any liability to DDIA. At its sole discretion, City may obtain or renew DDIA's insurance, and City may pay all or part of the premiums. Upon demand, DDIA shall pay City all monies paid to obtain 12 or renew the insurance. City may offset the cost of the premium against any monies due DDIA from City.
17. Laws. DDIA shall comply with all laws, statutes, ordinances and rules of all applicable governmental authorities.
18. Indemnification. Throughout the term of this Agreement, as and from the date hereof, DDIA agrees to defend, indemnify and hold harmless, the Downey Successor Agency, the City of Downey and its elected and appointed officials, officers agents and employees ("Indemnitees" ), from and against any and all liabilities, suits, proceedings, judgments, claims, charges, damages, liens, causes of action, losses or injuries (whether in contractor in tort, including personal injury, accidental death or property damage, and regardless of whether the allegations are false, fraudulent or groundless), costs and expenses (including attorney's fees, litigation, arbitration, mediation, appeal expenses) which in whole or in part arise out of or are connected with acts or omissions of, performance of, or breach of this Agreement by DDIA or DDIA's independent contractors, agents, employees or delegates except to the extent such is cause by the negligent acts or willful misconduct of City. In the event of any such claim, demand, proceeding or lawsuit against the lndemnitees, DDIA agrees to assume the immediate defense of Indemnitees by hiring and paying for legal counsel acceptable to City.
19. Political Prohibition. Subject to applicable State and Federal laws, monies paid pursuant to this Agreement shall not be used for political purposes including the support or defeat of candidates for elected or appointed office, sponsoring or conducting candidate's meetings, engaging in voter registration activity, or for publicity or propaganda purposes designed to support or defeat legislation pending before federal, state or local governmental bodies.
20. Conflict of Interest
20.1 -DDIA certifies that no member, officer, or employee of the City who exercises any functions or responsibilities with respect to the programs or projects covered by this Agreement, shall have any interest, direct or indirect in this Agreement, or in its proceeds during his/her tenure or for one year thereafter.
20.2 DDIA shall immediately notify the City of any real or possible conflict of interest between work performed for the City and for other clients served by DDIA.
20.3 DDIA warrants and represents, to the best of its present knowledge, that no employee of the City who has been involved in the making of this Agreement, or who is a member of a City board or commission which has been involved in the making of this Agreement whether in an advisory or decision -making capacity, has or will receive a direct or indirect financial interest in this Agreement in violation of the rules contained in California Government Code Section 1090, et seq., pertaining to conflicts of interest in public contracting. DDIA shall exercise due diligence to ensure that no such employee will receive such an interest.
20.4 DDIA further warrants and represents, to the best of its present knowledge and excepting any written disclosures as to these matters already made by DDIA to City, 13 that no employee of the City who has participated in concerning this Agreement or has used his or her official position to influence decisions regarding this Agreement, has an economic interest in DDIA or this Agreement. For purposes of this paragraph, an official is deemed to have an "economic interest" in any (a) for -profit business entity in which the official has a direct or indirect investment worth $2,000 or more, (b) any real property in which the official has a director indirect interest worth $2,000 or more, (c) any for -profit business entity in which the official is a director, officer, partner, trustee, employee or manager, or (d) any source of income or donors of gifts to the official (including nonprofit entities) if the income or value of the gift totaled more than $500 the previous year. DDIA agrees to promptly disclose to City in writing any information it may receive concerning any such potential conflict of interest. DDIA's attention is directed to the conflict of interest rules applicable to governmental decision making contained in the Political Reform Act (California Government Code Section 87100, et seq.) and its implementing regulations (California Code of Regulations, Title 2, Section 18700, et seq.).
20.5 DDIA shall incorporate or cause to be incorporated into all subcontracts for work to be performed under this Agreement aprovision governing conflict of interest in substantially the same form set forth herein.
21. NoWaiver. Nothing herein is intended to waive any applicable federal, state or local conflict of interest law or regulation.
22. Remedies and Sanctions. In addition to the rights and remedies otherwise available to the City under this Agreement and under federal, state and local law, DDIA understands and agrees that, if the City reasonably determines that DDIA has failed to make a good faith effort to avoid an improper conflict of interest situation or is responsible for the conflict situation, the City may (1) suspend payments under this Agreement, (2) terminate this Agreement, (3) require reimbursement by DDIA to the City of any amounts disbursed under this Agreement. In addition, the City may suspend payments or terminate this Agreement whether or not DDIA is responsible for the conflict of interest situation.
23. Assignment. DDIA shall not assignor otherwise transfer any rights, duties, obligations or interest in this Agreement or arising hereunder to any person, persons, consultant or sub -consultant, entity or entities whatsoever without the prior written consent of City and any attempt to assign or transfer without such prior written consent shall be void. Consent to any single assignment or transfer shall not constitute consent to any further assignment or transfer.
24. Time of the Essence; Third Pady Beneficiaries. Time is of the essence in the performance of this Agreement. This Agreement is made and entered into for the sole protection and benefit of the Parties, their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.
25. Commencement, Completion and Close Out. 1t shall be the responsibility of the DDIA to coordinate and schedule the work to be performed so that commencement and completion take place in accordance with theprovisionsof this Agreement. Any time 14 extension granted to DDIA to enable DDIA to complete the work must be in writing and shall not constitute a waiver of rights the City may have under this Agreement. Should the DDIA not complete the work by the scheduled date or by an extended date, the City shall be released from all of its obligations under this Agreement.
26. Governing -Law. This agreement shall be governed by the laws of the State of California.
27. Notices. If either party shall desire or be required to give notice to the other, such notice shall be given in writing, by prepaid U.S. certified or registered postage, addressed to recipient as follows:
For the City of Downey:
City of Downey
ATTN: City Manager
11111 Brookshire Avenue
Downey, CA 90241
With a Copy provided to;
City of Downey
City Attorney's Office
11111 Brookshire Avenue
Downey, CA 90241
For DDIA
Jorge Villa, President
8255 Firestone Blvd., Suite 201
Downey, CA 90241
27. Entire Agreement of the Parties. This Agreement supersedes any and all agreements, either oral or written, between the parties with respect to the rendering of disbursement duties by DDIA for City with regard to the Downtown Downey Community Benefit District of 2018-and contains all of the representations, covenants and agreements between the parties with respect to the rendering of those duties. Each party to this agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not contained in this agreement, and that no other agreement, statement or promise not contained in this agreement will be valid or binding.
28. Modification. Any alteration, change or modification of or to this Agreement shall not be effective unless made in writing in each instance signed on behalf of each Party.
29. Seyerabilit. If any term, provision, or covenant of this Agreement, or its application to any Party or circumstances shall be held by a court of competent jurisdiction, to be to any extent, invalid, void or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way. 15 IN WITNESS WHEREOF, the Parties hereto have • this Agreement • the .Pespective dates set forth below.
CITY:
City • Downey, a California
•. Corporation and Charter City
(Date)
City Clerk
DDIA:
Downtown • mprovemen
Association,
Corporation
T—
Jorge Villa, President
(Date)
The Downtown Downey
Community Benefit District 2018
Management District Plan
Final Plan —April 5t', 2018
Formed Under Section 400 of the Downey City Charter and Article 2, Chapter 14 of the Downey Municipal Code
Prepared by:
New City America, Inc.
and
The Downtown Downey CBD Steering Committee
Corporate Office m710 W. Ivy Street n San Diego, CA 92101 w 619-233-5009 w Fax 619-239-7105 San Francisco Bay Area Office w 954 Lee Avenue, w San Leandro, CA 94577 W 888-356-2726 New England Office: 42 Pearl Street, w New Bedford, MA n 02740 [email protected] m www.newcityamerica.com w Facebook: New City America, Inc. 1 Downtown Downey
Community Benefit District
Management District Plan
Table of Contents
Section Number
1. Management District Plan Summary
2. Downtown Downey CBD Boundaries
3. District Improvement and Activity Plan
4. Assessment Methodology
5. District Rules, Regulations and Governance
6. Implementation Timetable
7. Assessment Roll of Properties Included
Attachment:
A. Engineer's Report
3 11
14 21
32 33
34 N
Section 1
Management District Plan Summary
The name of this Community Benefit District is the Downtown Downey Community Benefit District (the "CBD"). The District is formed under Article 2, Chapter 14 of the Downey Municipal Code (entitled "Community Benefit Districts" and hereinafter referred to 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 Downey
In 2011, the State Legislature dismantled 408 redevelopment agencies, redirecting the flow of funds back to the counties, and school districts; rather than reinvesting back into cities. The California League of Cities filed a lawsuit to stop this elimination, resulting in a 2012 California Supreme Court ruling ceasing the operations of all redevelopment agencies by February 2013.
Consequently, the method of financing used previously by the City of Downey to fund Downtown improvements no longer existed. In the past, the opportunity to fund pedestrian lighting, new sidewalks, and public improvements in Downtown Downey has typically been through this redevelopment tax -increment financing.
3 The investigation of a new Downtown Downey CBD centered on these four questions:
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 $6.7million for Firestone Blvd. street and streetscape improvements. • Invested $4.6 million to support the Downey View apartments; the first new residential units in Downtown in years.
• Funded over $600,000 to improve Downtown Downey roadway lighting (upgrading the decorative lights to LED, remove and replace 30 feet cobra head lights with decorative lighting, repainting light poles as necessary, etc...) on Downey Ave. from Firestone Blvd., to 5th Street.
Additional operational annual costs:
• Allocated over $100,000 annually for private security services related to the public parking structure and immediate surrounding area.
• Provided tens of thousands of dollars in annual maintenance costs (including but not limited to: sidewalks and seat -wall cleaning, tree trimming, median landscape maintenance, parking structure and other public parking maintenance, and roadway lighting — not done elsewhere in the City).
• Funded sidewalk and hardscape/pavers and seat benches, pressure washing/steam cleaning - $66,000.
• Funded parking structure maintenance and operations - $64,000. • Funded $7,000 for Downtown tree trimming (on a two year cycle). • Funded the cost for electricity and lighting in Downtown of roughly $10,000 per year.
Additional activities and program costs include:
• Underwriting $36,000 for rooftop events in Downtown.
• Underwriting up to $55,000 for the Downtown International Food Festival. • Underwriting $70,000 for holiday and seasonal decor (banners, lighting, signage) annually.
• Underwriting the Annual Rock and Ride Events for $25,000 per year.
The general services listed above are NOT provided City wide; rather exclusively to Downtown business and property owners. In that sense, they can be considered "enhanced general benefit" that are dependent upon year-to-year budgeting by the City Manager and City Council. The proposed Downtown Downey CBD will provide "special benefits", thereby M
enhancing rent and attracting new capital investment, in turn improving the visiting, retail, and business experience.
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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/4th Street and the parcels fronting the east side of Downey Avenue between 3rd and 4th Street, excluding the undeveloped parcels east of US Bank, but including City Hall.
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 services include the branding of the Downtown Downey area, marketing and promotions, newsletter, public relations, media relations, social media, publicity, special events, website development and maintenance, public space develop and holiday decorations. These services equal $ 60,000 or 24% of the first year annual budget of the new district.
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 factors used in the determination of proportional benefit to the parcels in the CBD.
Those four factors are:
• Linear frontage
• Lot size or the footprint of the parcel
• Building square footage (excluding parking structures built within the building that predominantly serve the tenants of the building and are not open to the public) and • Future residential condos that will be constructed within the District.
The following data constitutes the basis for the property assessments that will fund special benefit services in the proposed CBD:
Building square footage: 1,153,991 sq. feet
Lot size: 2,049,768 square feet
Linear Frontage: 15,826 linear feet
Special Benefit Service
Summation of Apportionment plan
Sidewalk Operations
Fully funded by linear frontage assessments
District Identity
Fully funded by building sq. footage assessments
Program Management /Corp Operations
Funded by Lot size assessments
Contingency
Funded by Lot size assessments
Enhanced Residential Benefits
Funded by building square footage of residential
condos (do not currently exist)
Co
Annual Cost of Property Assessments to Fund Special Benefit Services:
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
year
$ 58,542.00
Lot square footage
$0.030540 per square foot per
year
$ 63,326.00
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 assessable building square footage, and in the case of residential condos, by building square footage.
Future residential condo owners will be assessed differently since they are, in essence, acquiring air rights with the purchase of their residential condos and linear frontage and lot size will not be relevant to their parcels. This alternate assessment methodology is created to respond to their special needs of homeowners within this growing Downtown district. All four property variables will be used in the calculation of the annual assessment.
Residential Condos: There are currently not any 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 not altered in the redevelopment of a site, the only changes realized in the CBD will be through the building square footage. In addition, changes in the budget may occur due to the conversion of single parcels to multiple parcels due to the construction of residential or commercial condos.
Bonds:
The District will not issue any bonds related to any program.
District Formation:
Under the local enabling ordinance, the District formation and modification requires a submission of petitions from property owners representing more than 30% of the total assessments.
Once the City verifies the petitions totaling a minimum of 30% of $ 253,589.00 (or $ 76,077.00) in assessment contribution to the District, the Downey City Council may adopt a Resolution of Intention to mail out ballots to all affected property owners. The City will then hold a public hearing and tabulate the mail ballots. The Downtown Downey CBD will be formed if the weighted majority of all returned mail ballots support the District formation and if the City Council adopts a resolution of formation to levy the assessments on the benefiting parcels. At this point, the date for that public hearing has not been scheduled.
Disestablishment:
Streets and Highways Code Section 36670 provides for the disestablishment of a District.
Provisions for annual disestablishment of the CBD are provided for in the local Downey CBD ordinance. Property owners dissatisfied with the results, management or quality of the services may petition the City Council to disestablish the CBD, in the same method in which they petitioned the City Council to establish the District.
Section 36670 states:
(b) The city council shall adopt a resolution of intention to 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 place of the public hearing, and shall contain a N.
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 XIII 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 30t", 2032, with operations winding down by November 30tn, 2033, unless the district is renewed by the CBD property owners through a new assessment ballot proceeding.
Governance:
9 Pursuant to the City of Downey Community Benefit District Ordinance and Section 36650 of the California Streets and Highway Code, a District Management Corporation or Owners' Association, will review District budgets and policies annually within the limitations of the Management District Plan. The Management Corporation will file Annual Reports with the City of Downey (City) and will oversee the day-to-day implementation of services as defined in the Management District Plan. Section 36612 states:
The "Owners' association" means a private nonprofit entity that is under contract with a city to administer or implement activities and improvements specified in the management district plan. An owners' association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners' association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose."
10 Section 2
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 4t" Street. Proceed westward to New Street, run southward to include the parcels fronting 3rd Street including parcels 6254 007 013, 6254 007 004, and parcel 6254 004 028 at the northwest corner of the intersection of La Reina Avenue and 3rd Street.
• Southern 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.
• Western 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 6254 002 024.
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Section 3
District Improvement and Activity Plan
Process to Establish the Improvement and Activity Plan/Outreach Efforts:
Since the Fall of 2014, business and property owners in Downtown Downey have met first in small settings, and then in a larger Steering Committee format, to discuss the advantages of creating this Downtown Downey special benefits district. An initial survey was sent to every property owner in the proposed CBD area in the Fall of 2014 to ascertain their level of conceptual support for the establishment of this assessment district and obtain information regarding the type of enhanced services they were interested in receiving. The survey information was instrumental in determining the services to be delivered by the CBD. A follow up survey was sent out in early 2015 to ensure that every property owner had an opportunity to respond.
Survey results
Special benefit services are those that are over and above the services currently being provided by the City general fund. The results of that survey prompted the Steering Committee to assemble a presentation for the property owners.
Since all properties would 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:
Priority Special Benefit Services — According to the Survey 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 for public relations and social media to support the branding of Downtown.
The CBD Steering Committee began reviewing the results of the survey, and possible benefit zones within a boundaried area.
Under the state constitution, Proposition 218 defines the purpose of property assessments, and unlike special and general taxes, there must be a relationship between how much a property owner pays into a property assessment district and what type of benefit they receive. Property owners must receive more benefits due to the size of their linear frontage, lot square footage, or buildings square footage. All parcels within the boundaries of the Downtown Downey CBD will be required to pay into the assessment district (no properties will be exempt). Costs are determined by the type and frequency of services.
Meetings of the Downtown Downey CBD 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 the proposed district to explain the upcoming survey of property owners.
Once that rounds of 8 to 10 meetings were held, the survey was distributed.
In early 2015, we were still collecting surveys and after another mailing of the survey to maximize the response, we set the first meeting of the CBD Steering Committee. Numerous public meetings have been held with the Downtown Downey CBD Steering Committee. Public meeting dates were held on the following dates:
■ April 28t", 2015
■ June 2na
■ July 211t
■ August 4tn
■ January 13t", 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 outlined in the Management District Plan are intended to directly benefit the properties within this area to support increased commerce, business attraction and retention, retain and increase commercial property rentals, attract new residential developments, enhance safety and cleanliness in the CBD, improve district identity, and eventually fund specialized beautification and enhanced services for the condo residential unit parcels within the District.
The total improvement and activity plan budget for FY 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 Downey CBD Plan:
There will initially be four basic categories of special benefit services that will be funded within the Downtown Downey CBD. All of these services are designed to confer a special benefit to the individual parcels within the Downtown Downey CBD over and above the general benefits they are currently receiving. The categories of special benefits are as follows:
16 Table 3 - A
First Year Downtown Downey CBD Special Benefit Service Budget 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
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 to:
❑ Staff and administrative costs
❑ Director's and Officers Insurance
❑ Office related expenses
❑ Rent
❑ Financial reporting and accounting
❑ Legal work
CONTINGENCY/CITY AND COUNTY FEES/RESERVE: $10,589 4%
Examples of these special benefit services and costs include, but are not limited to:
❑ Delinquencies
❑ City Fees
❑ County fees
❑ Reserves
ENHANCED RESIDENTIAL CONDO UNIT IMPROVEMENTS: (currently don't exist) $ 0 Examples of these special benefit services and costs may include, but are not limited to:
Future residential condos built within the boundaries of the Downtown Downey CBD will be assessed separately due to their unique parcel status and special benefit needs in the district.
Residential condos buildings or Town Homes will have the following special benefit services conferred on the frontage their parcels. These services in the future will include, but will not be limited to:
❑ Installation, stocking and upkeep of pet waste distribution stations on the frontages adjacent to the high concentrations of residential condo individually assessed parcels;
❑ Enhancement and beautification of sidewalks on the frontages adjacent to the high concentrations of residential individually assessed parcels; ❑ Installation of hanging plants, and enhanced upkeep in the sidewalks surrounding these frontages adjacent to these residential condos;
❑ Other services requested by the residents that confer special benefit to the areas directly adjacent to the parcels with high concentrations of residential condos; ❑ Proportional share of the Administrative and Contingency costs to cover the oversight of the Enhanced beautification special benefit services.
Fifteen -Year Operating Budget:
A projected fifteen -year operating budget for the Downtown Downey CBD is provided below.
The projections are based upon the following assumptions:
IN
• 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 and such changes shall be included in the Annual report and submitted to the Downey City Council for review and approval.
Table 3 — B
Fifteen -Year Projection of Maximum Assessment for the
Downtown Downey CBD
Sidewalk Operations, $130,000.00 $136,500.00 $143,325.00 $150,491.25 $158,015.81 $165,916.60 $174,212.43 Beautification and Order
District Identity $60,000.00 $63,000.00 $66,150.00 $69,457.50 $72,930.38 $76,576.89 $80,405.74 Prop. Mrp.
Operationsations $53,000.00 $55,650.00 $58,432.50 $61,354.13 $64,421.83 $67,642.92 $71,025.07 Total $253,589.00 $266,268.45 $279,581.87 $293,560.97 $308,239.01 $323,650.97 $339,833.51 Sidewalk Operations, $182,923.05 $192,069.21 $201,672.67 $211,756.30 $222,344.12 $233,461.32 $245,134.39 $245,718.04 Beautification and Order
Prop. MgmtlCorp. $74,571 $78,305.14 $82,220.40 $86,331.42 $90,647,99 $95,180,39 $99,939.40 $100,177.36 Operations
Total $356,825.19 $374,666.45 $393,399.77 $4135069.76 $433,723.25 $455,409.41 $4785179.88 $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
19 Section 4
Assessment Methodology
The Downtown Downey CBD is a property -based special benefit assessment district being established pursuant to the Downey Community Benefit District enabling ordinance adopted in September 2015 by the Downey City Council. Due to the special benefit nature of assessments levied within a CBD, program costs are to be distributed amongst all identified specially benefited properties based on the proportional amount of special program benefit each property is expected to derive from the assessments collected.
The ordinance refers to the requirement that relative "benefit" received from CBD funded programs and activities be used to determine the amount of assessment paid. Only those properties expected to derive special benefits from CBD funded programs and activities may be assessed and only in an amount proportional to the relative special benefits expected to be received.
General vs. Special Benefits:
As provided by Proposition 218, assessment district programs and activities confer a combination of general and special benefits to properties, but the only program benefits that can be assessed are those that provide special benefit to the assessed properties. Special Benefit" as defined by the California State Constitution means "a particular and distinct benefit over and above general benefits conferred on real property located in the District 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
transactions, occupancies, and rental income, and for future residents, make this DOvxntOvvn more vv8|k8b|e, attractive and livable. These benefits are particular and distinct in that they are not provided tOnon-assessed parcels within Oroutside 0fthe District. Because these programs, services and improvements will only be provided to each individual 83SeS3ed parcel within the Downtown Downey CBD boundaries, these programs, services and improvements will constitute "special benefits".
Existing City OfDowney services will not be n2p|8Ced or duplicated by DOvxntOvvn DOvvneyC8D 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 isbeing 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. NoCBDfunded services, activities orprograms will beprovided beyond the CBUboundaries.
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 vie Proposition 218 to provide that general benefits exist, either by design or unintentionally, in all assessment districts and that a portion of the program coats must be considered attributable togeneral 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, Ort0the 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 1-596 of the total costs.
There are three methods that have been used by the Downtown Downey CBO Assessment Engineer for determining general and special benefit values within assessment districts:
CU The parcel 6vparcel allocation method
(2)/he programlactivity line item allocation method, and 0The composite district overlay determinant method
A majority ofC8Ds in California for which our Assessment Engineer has provided assessment engineering services since the enactment of Proposition 2I8. have used Method #3, the composite district overlay determinant method which will be used for this CDD. This method of computing the value of general benefit involves a composite of three distinct types of general benefit — genera| benefit to assessed parcels within the District, general benefit to the public at large within the District and general benefit to parcels outside the District. 21 Downtown Downey CBD Programs and Improvements:
The total special and general benefit program activities and budget allocations that will be provided to each individual parcel assessed in the proposed Downtown Downey CBD are shown in the chart below:
Total Year 1— 2018 - Special + General Benefit Costs
Service
YR 1- 2018
Assessment
Costs
YR 1- 2018 `
Non -Assessment
Costs
YR 1- 2018
Total Costs
%i of Total
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 15t, 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 1
Building Square
Lot Size (square feet)
Linear Frontage
Condo Sf
Benefit Zone 2:
Building Square Footage
Lot Size (square feet) ::]-Linear
Frontage
Total Assessment District Property Variables:
Building Square Footage
Lot Size (square feet)
Linear Frontage
Amount mfrevenue generated by each benefit zone:
Building Square Footage
Lot Size, square footage
Linear Frontage
Assessment District Revenue Generation imFiscal Year 2017from each assessable property Linear Frontage
Building Square Footage:
Lot Square Footage:
Residential Condos Unit Square
Footage:
$ 131,721.00
5396
S58,542.00
2396
$63,326.00
2596
23 First Year Annual Costs:
The Downtown Downey CBD FY 2018-19 year annual assessments per property variable are as follows:
Property Variable
Building Square Footage
Residential Condominiums
First Year Annual Costs
$ 0.050608 per square foot/year
$ 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 far services in the some
$ 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 forservices 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
W
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 Square 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 Footage Defined:
Lot square footage is defined as the total amount of area within the borders of the parcel. The lot square footage of a parcel has been verified by the County Assessor's parcel maps.
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 lack 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.
Exemptions:
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 we
public at large. No assessment will be imposed on any parcel that exceeds the reasonable cost of the proportional special benefits conferred upon that parcel. Only special benefits are assessable and these benefits must be separated from any general benefits. Properties are assessed as defined on the County Assessor's most current parcel maps. The preceding methodology is applied to the database of parcels within the District. The process for compiling the property database includes the following steps:
• A report was generated from data obtained from the Los Angeles County Tax Assessors office.
• A list of properties to be included within the CBD is provided in Section 7.
Parcel Assessments —
The annual assessment method to calculate all parcels and ground floor commercial condominiums for Benefit Zone 1 will be:
Total Street Frontage X $ 8.166254 per foot
Total Lot Square Footage X $0.030540 per square foot
Total Building Square footage X $0.050608 per square foot
TOTAL PARCEL ASSESSMENT
The annual assessment method to calculate all parcels and ground floor commercial condominiums for Benefit Zone 2 will be:
Total Street Frontage X $ 8.166254 per foot
Total Lot Square Footage X $0.00 per square foot
Total Building Square footage X $0.00 per square foot
TOTAL PARCEL ASSESSMENT
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 CBD will experience the addition or subtraction of assessable commercial buildings or the conversion of empty parcels into new commercial and residential or buildings and units. The Management District Plan assessment methodology will reflect any and all land use changes within the term of the District with annual adjustments being submitted to the City, as these assessment calculation and property variable alterations occur.
Maximum Assessment:
Assessments may be subject to annual increases not to exceed 5% per year. Increases will be determined by the CBD District Management Corporation and will vary between 0% and 5% in any given year. The maximum the assessments can be increased is 5% over the previous fiscal year's base assessments. Not implementing the increase for one year does not give the District Management Corporation the authority to accumulate increases above 5% within any given fiscal year. The following projections illustrate a potential 5% annual increase.
Table 4-A
Maximum Assessments by Property Variable
Projected
Assessment
FY1
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
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
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
N.'
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 place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate.
The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention."
Unexpended surplus funds will be returned to property owners based upon each parcels percentage contribution to the previous fiscal year's assessments if the District is not renewed. we
Government Assessments:
The Downtown Downey CBD Management Plan assumes that the City of Downey will pay assessments for the public property they own within the boundaries of the District as per the methodology within this plan. Article 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 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%
6254 021 919
City of Downey
11131
Brookshire Ave
$
6,620.60
2.61%
6254 021 922
City of Downey
8435
Firestone Blvd
$
110.49
0.04%
6254 021 923
City of Downey
8435
Firestone Blvd
$
3,145.08
1.24%
6255 002 900
City of Downey
8356
Firestone Blvd
$
4,349.90
1.72%
6255 003 900
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
TOTAL $ 1,479.15
0.58%
0.58%
30 ����. �
���������
District Rules � Regulations � ��
�~��~��~~ nx�n��� ��u� ��*� Governance
There are no Sp2CihC rules and regulations prescribed for the proposed DOvvntOvvn Downey Community Benefit District Management Corporation except that it will adhere tOthe 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 366I2states:
"'The "Owners'association" means o privatenonpnofit entity that is under contract with o city t0administer 0r implementactivities and improvements specified /nthe management district plan. An ownersassociation may be an existing nonprofit entity or a newlyformed nonprofit entity. /4nowners' association isoprivate entity and may not beconsidered o public entity for any purpose, nor may its board members nrstaff be considered to be public officials for any purpose. "
The District will not issue any bonds related to any program. 31 Section 6
Implementation Timetable
The Downtown Downey CBD is expected to be established and begin assessing benefiting parcels as of fiscal year 2017-18. Due to the timing of revenue collection and need to establish the owners' association or District Management Corporation, implementation of the Management District Plan and the delivery of services is scheduled to commence in or around the fall of 2018.
Consistent with the local enabling ordinance, the Downtown Downey CBD will have a fifteen -year term through November 30, 2033 with operations winding down by November 30, 2033 unless renewed by Downtown property owners.
32 Section 7
Assessment Roll of Properties Included
APN
Annual
6254
011008
$699.90
Assessment
6254
011010
$809.41
6254
001014
$2,843.36
6254
011012
$5,262.62
6254
001017
$4,157.61
6254
011013
$2,435.07
6254
002 023
$7,060.88
6254
011014
$1,188.60
6254
002 024
$7,097.53
6254
012 008
$596.39
6254
002 028
$95.71
6254
012 009
$623.02
6254
002 029
$113.60
6254
012 010
$2,137.21
6254
002 030
$105.08
6254
012 011
$3,523.33
6254
002 031
$122.83
6254
012 013
$3,996.82
6254
002 032
$122.12
6254
012 015
$1,559.58
6254
002 033
$105.08
6254
016 912
$16,610.87
6254
002 034
$113.60
6254
018 005
$538.97
6254
002 035
$90.88
6254
018 023
$969.39
6254
002 036
$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
6254
002 039
$133.27
6254
019 003
$758.41
6254
002 042
$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
6254
002 045
$133.27
6254
019 900
$446.34
6254
002 046
$133.27
6254
019 901
$446.31
6254
002 047
$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
6254
002 051
$111.90
6254
020 014
$1,160.47
6254
002 052
$128.65
6254
020 017
$1,739.08
6254
002 053
$128.65
6254
020 020
$836.77
6254
002 054
$111.90
6254
020 023
$1,623.42
6254
002 055
$113.39
6254
020 024
$451.43
6254
002 056
$95.71
6254
020 025
$533.85
6254
002 057
$133.27
6254
020 027
$8,257.93
6254
004 028
$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
6254
008 901
$5,104.96
6254
020 913
$1,165.79
6254
009 002
$2,017.23
6254
021023
$2,059.57
6254
009 012
$3,328.59
6254
021025
$1,072.70
6254
009 013
$773.36
6254
021030
$5,032.22
6254
009 014
$1,341.13
6254
021031
$16,260.95
6254
009 900
$3,115.98
6254
021 919
$6,620.60
6254
010 033
$4,042.44
6254
021 922
$110.49
6254
010 034
$2,905.38
6254
021 923
$3,145.08
6254
010 035
$5,517.83
6255
001012
$724.83
6254
011003
$2,010.28
6255
002 008
$2,204.26
33 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
6255
003 006
$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
002 033
$2,255.23
6255
002 034
$2,831.13
6255
002 900
$4,349.90
34 35