CITY OF SAN DIEGO DOWNTOWN PROPERTY & BUSINESS IMPROVEMENT DISTRICT ANNUAL UPDATE ENGINEER’S REPORT JULY 2012 PURSUANT TO THE PROPERTY & BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 OF THE CALIFORNIA STREETS & HIGHWAYS CODE City of San Diego Mayor Jerry Sanders City Council Members Sherri Lightner Carl DeMaio District 1 District 5 Kevin Faulconer Lori Zapf District 2 (Council President Pro Tem) District 6 Todd Gloria Marti Emerald District 3 District 7 Anthony Young David Alvarez District 4 (Council President) District 8 City Attorney Jan Goldsmith Chief Operation Officer Jay M. Goldstone City Clerk Elizabeth Maland Independent Budget Analyst Andrea Tevlin City Engineer James Naglevoort TABLE OF CONTENTS SECTION I.  EXECUTIVE SUMMARY..............................................................................1  SECTION II.  BACKGROUND...........................................................................................3  SECTION III.  PLANS AND SPECIFICATION..................................................................5  A.  GENERAL DESCRIPTION OF THE DISTRICT................................................5  B.  DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED AND SERVICES...............................................................................................................5  C.  IMPROVEMENTS..................................................................................................5  SECTION IV.  ESTIMATE OF COSTS...............................................................................8  A.  ESTIMATE OF COSTS TABLE............................................................................8  SECTION V.  METHOD OF APPORTIONMENT............................................................9  A.  GENERAL...............................................................................................................9  B.  SPECIAL BENEFIT ANALYSIS...........................................................................9  C.  ASSESSMENT METHODOLOGY......................................................................11  D.  ASSESSMENT RANGE FORMULA...................................................................12  SECTION VI.  DISTRICT DIAGRAM..............................................................................14  SECTION VII.  ASSESSMENT ROLL................................................................................15 SECTION I. EXECUTIVE SUMMARY Project: Downtown Property & Business Improvement District Oversight: The assessments are overseen by the City of San Diego and are managed by the Property and Business Improvement District Management Committee, a 15 member committee of the Downtown San Diego Partnership. (The Partnership is a private non- profit business organization with over 325 property owners in the downtown area as members.) Apportionment Method: Greater of Lot or Building Square Footage (“SF”) Linear Front Foot (“LFF”) Benefit Zones: The Downtown Property & Business Improvement District (“PBID” or “District”) has 5 Zones identified as follows:  Core/Columbia  Cortez  East Village  Gaslamp Quarter  Marina Table 1 – FY 2013 Summary Information by Zone Total Number of Units Parcels SF LFF Core/Columbia 2,071 25,594,382 82,875 Cortez 1,513 5,711,697 36,739 East Village 3,383 14,996,856 99,828 Gaslamp Quarter 993 3,203,233 16,225 Marina 2,726 5,760,461 26,491 Totals 10,686 55,266,629 262,158 Proposed Unit Assessment Assessment Proposed FY FY 2013 Rates Revenue 2013 $/SF $/LFF Core/Columbia $1,787,653.10 $0.0422 $8.5378 Cortez $551,386.89 $0.0538 $6.6441 East Village $1,751,225.75 $0.0746 $6.3355 Gaslamp Quarter $1,081,667.33 $0.2161 $24.0030 Marina $690,431.03 $0.0666 $11.5807 Totals $5,862,364.09 N/A N/A City of San Diego Engineer’s Report Page 1 Downtown Property & Business Improvement District FY 2013 July 2012 District History: The District was originally established in February 2000 by a weighted majority of property owners in the District who approved the assessments in a property owner ballot procedure. The original PBID had a maximum 5-year statutory life that expired on June 30, 2005. District Renewal: The District was renewed on June 14, 2005 after 71% majority of property owners, based on assessment amount, approved the proposed assessments through a property owner ballot procedure. The renewal of the PBID included a 10 year term and provisions for annual rate increases of up to 5% per year. Annual Cost Indexing: The assessments are authorized to increase by 5% per year. Additionally, the assessment for any property may change, up or down, if the total building area for the parcel increases or decreases. Bonds: No bonds will be issued in connection with this District. City of San Diego Engineer’s Report Page 2 Downtown Property & Business Improvement District FY 2013 July 2012 SECTION II. BACKGROUND A. Introduction On February 22, 2000, the Downtown Property & Business Improvement District (“PBID” or “District”) was established to provide enhanced services to properties in the District, including public safety, enhanced maintenance and lighting programs, and other services above and beyond those currently provided by the City of San Diego (“City”). The PBID had an original term of 5 years and expired on June 30, 2005. On June 14, 2005, the PBID was renewed for a 10 year term which will expire on June 20, 2015. The PBID encompasses areas previously included in the Downtown Maintenance Assessment District that was formed in 1997. This report constitutes the Engineer’s Report for the City of San Diego Downtown Property & Business Improvement District for Fiscal Year (“FY”) 2013. The City Council pursuant to the provisions of the Property & Business Improvement District Law of 1994, Being Division 18, Part 7 of the Streets and Highways Code of the State of California, beginning with Section 36600 (the “1994 PBID Act”), Article XIIID of the Constitution of the State of California (“Article XIIID”), the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the “Implementation Act”), and (the 1994 PBID Act, Article XIIID and the Implementation Act are referred to collectively as the “Assessment Law”) desires to levy and collect annual assessments against lots and parcels within the District in the fiscal year commencing July 1, 2012 and ending June 30, 2013 to pay for the operation, maintenance and servicing of landscaping, lighting, drainage, safety programs, economic development and all appurtenant facilities. The assessment rates set for fiscal year 2013 as set forth in this Engineer’s Report do not exceed the maximum rates established at the time the District was renewed, therefore, the City and the District are not required to go through a property owner ballot procedure in order to establish the 2012/2013 assessment rates. The improvements and activities funded by the PBID are generally described as follows:  Maintenance Programs: to increase the scope and frequency of landscaping, sidewalk, litter and graffiti cleanup on property in the PBID.  Public Safety Programs: to support crime prevention, reduce the incidence of nuisance crimes, productively address the challenges associated with downtown’s street populations, and generally make the PBID property safer and more hospitable.  Enhanced Lighting: to provide electricity and maintenance for mid-block lighting throughout the PBID.  Public Information, Program Management & Reserves: Public Information, Program Management & Reserves to ensure professional and accountable deployment of improvements and activities for the direct advantage of property in the PBID. City of San Diego Engineer’s Report Page 3 Downtown Property & Business Improvement District FY 2013 July 2012 The renewed PBID assessments have a maximum term of 10 years (commencing July 1, 2005). In addition, the expenditure of the PBID assessments is managed by the Downtown San Diego Partnership in accordance with an operating agreement established between the City and the Downtown San Diego Partnership. Each lot or parcel within the District is assessed proportionately for only the improvements and services that are determined to be special benefit. For this report, each lot or parcel to be assessed, refers to an individual property assigned its own Assessor Parcel Number by the San Diego County (“County”) Assessor’s Office as shown on the last equalized roll of the assessor. Following the conclusion of the Public Hearing, the City Council will confirm the Engineer’s Report as submitted or amended and may order the collection of assessments for Fiscal Year 2013. As provided for by Assessment Law, the assessments will be collected on the County property tax bill and will appear as a separate line item. If a parcel does not receive a County property tax bill, the property owner will be billed directly with the same timeframes and due dates as the County. City of San Diego Engineer’s Report Page 4 Downtown Property & Business Improvement District FY 2013 July 2012 SECTION III. PLANS AND SPECIFICATION A. General Description of the District The territory within the renewed 2005 District is the same as the former Downtown Maintenance Assessment District and the 2000 PBID with the exception of the Little Italy zone which de-annexed form the District in 2004 in order to become a standalone Maintenance Assessment District. The boundary consists of all lots, parcels and subdivisions of land as shown on the Boundary Map titled “Assessment Diagram of the City of San Diego Downtown Business & Property Improvement District” contained within this report in Section VI. The District includes most of downtown San Diego south and west of Interstate 5. The PBID has been divided into five zones for budgeting, benefit apportionment and service purposes. These zones include:  Core/Columbia  Cortez  East Village  Gaslamp Quarter  Marina B. Description of Improvements to be Maintained and Services The District, through the levy of special assessments, provides funding for ongoing maintenance, installation, improvement, activities and servicing of public areas and public facilities, property owner rights-of-ways and dedicated easements located within the District. These improvements may include, but are not limited to, all materials, equipment, utilities, labor, and appurtenant facilities related to the ongoing maintenance of the improvements. Maintenance services will be provided by City personnel and/or private contractors. The improvements maintained and services provided by the District are generally described below. C. Improvements The “Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to the following: parking facilities; benches, booths, kiosks, display cases, pedestrian shelter and signs; trash receptacles and public restrooms; lighting and heating facilities; decorations; parks; fountains; planting areas; closing, opening, widening, or narrowing of existing streets; facilities or equipment, or both to enhance security of persons and property within the area; ramps, sidewalks, plazas, and pedestrian malls; rehabilitation or removal of existing structures. City of San Diego Engineer’s Report Page 5 Downtown Property & Business Improvement District FY 2013 July 2012 “Activities” means, but is not limited to all of the following: promotion of public events which benefit businesses or real property in the District; furnishing of music in any public place within the District; promotion of tourism within the District; marketing and economic development, including retail retention and recruitment; providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the City; activities which benefit businesses and real property located in the District. The PBID provides resources for a variety of enhanced maintenance service activities by Zone as shown in the table below. Table 2 - Service Frequencies by Benefit Zone Gaslamp Service Core/Columbia Cortez East Village Marina Quarter Sidewalk Sweeping Daily (7 days/wk) Daily (7 days/wk) Daily (7 days/wk) Daily (7 days/wk) Daily (7 days/wk) Litter Removal Daily (7 days/wk) Daily (7 days/wk) Daily (7 days/wk) Daily (7 days/wk) Daily (7 days/wk) Power Washing 150 sidewalks/wk 40 sidewalks/wk 100 sidewalks/wk 60 sidewalks/wk 40 sidewalks/wk Graffiti Removal Daily, as needed Daily, as needed Daily, as needed Daily, as needed Daily, as needed Landscape Maintenance Weekly, as Weekly, as needed Weekly, as Weekly, as Weekly, as needed needed needed needed Tree Trimming Annually Annually (1 Annually (1 Annually (1 Annually (1 (1 time/yr) time/yr) time/yr) time/yr) time/yr) Amenity Maintenance/ As Needed As Needed As Needed As Needed As Needed Repair Estimated Deployment (# of 12.0/600 hrs 3.0/120 hrs 12.0/600 hrs 6.0/240 hrs 4.0/160 hrs workers/hours per week) . Maintenance activities are monitored and adjusted by the PBID Advisory Board and individual Zone Committees. Public Safety Programs The following three public safety programs are funded by the PBID.  Safety Ambassadors - Bicycle Patrols: to enhance the City’s conventional police services visible Safety Ambassadors on bicycle patrols will be provided. The Safety Ambassadors will be concentrated on downtown streets during daylight and early evening hours with flexibility to support events and other special needs. Safety Ambassadors will wear bright identifiable uniforms, reinforcing the overall image of downtown. Safety Ambassadors will be trained to assist pedestrians, customers, workers, visitors and other users of property in the PBID. In addition, the Safety Ambassadors on bicycle patrols act as the “eyes and ears” of local police and consequently improve the safety of property in the PBID.  Safety Ambassadors - Foot Patrols: Similar to the Safety Ambassadors on bicycle patrols, safety ambassadors on foot would be deployed in foot in areas with high City of San Diego Engineer’s Report Page 6 Downtown Property & Business Improvement District FY 2013 July 2012 pedestrian use, near visitor destinations and in public spaces such as parks. Such Safety Ambassadors would assist downtown pedestrians and also act as the “eyes and ears” of local police and consequently improve the safety of property in the PBID.  Enhanced Lighting: The PBID will fund public lighting in the PBID areas. Pursuant to citywide policy, property owners are required to pay for costs associated with mid-block lighting. These costs include electricity, maintenance and repair. The PBID collects assessments for downtown lighting, and then contracts with the City to manage the enhanced lighting services. Public Information, Program Management & Reserves  Public Information: Clean and safe public information programs are intended to inform both PBID property owners and the residents and customers on their property about the services and benefits provided by PBID-financed maintenance, public safety, and lighting. A full time communications manager plus a web page, newsletters, maps and other handouts is budgeted.  Program Management: PBID programs are administered by the Downtown San Diego Partnership. Funds are allocated for PBID oversight, accounting and bookkeeping, office and supplies, insurance and other administrative expenses. City and County administrative costs associated with collection, disbursement, and accounting of PBID funds have also been included in the PBID budget.  Program Reserves: a 7.5% program reserve has been included to account for uncollectables, future development impacts, and other program contingencies. The program reserve may be reduced if assessments and/or service contracts are secured form the state and federal governments. City of San Diego Engineer’s Report Page 7 Downtown Property & Business Improvement District FY 2013 July 2012