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SR 03-06-2018 3G City Council Report City Council Meeting: March 6, 2018 Agenda Item: 3.G 1 of 6 To: Mayor and City Council From: Andy Agle, Director, Housing and Economic Development Subject: Renewal of Downtown Property-Based Assessment District Recommended Action Staff recommends that the City Council: 1) Authorize the City Manager to cast its ballots on behalf of City-owned properties in support of continuing the Downtown Property-Based Assessment District for an additional 10-year term; and 2) Authorize the City Manager to negotiate and execute the renewal of the Amended and Reinstated Services Agreement with Downtown Santa Monica Inc. for an additional 10-year term. Executive Summary The establishment of the Downtown Property-Based Assessment District (PBAD) has played a significant role in the success of Santa Monica’s Downtown. DTSM, which derives part of its revenue from the PBAD, provides enhanced maintenance, security, marketing and management that significantly improves the attractiveness of Santa Monica’s historic Downtown as a place to live, work, shop, dine and visit. In 2008, a majority vote by Downtown property owners favored the formation of a PBAD for a 20 - year term, subject to the property owners reaffirming the value and utility of the district with a 10-year affirmative vote. Council is asked to authorize the City Manager to vote the City’s ballots for City-owned properties in favor of continuing the Downtown PBAD for an additional 10-year period. Staff also recommends that Council authorize the City Manager to negotiate and execute a Fourth Amendment to Amended and Restated Services Agreement No. 9063 (CCS) with Downtown Santa Monica, Inc. (DTSM) to renew the agreement for an additional 10-year term and modify any other related terms and conditions. Total City assessments are budgeted to be approximately $406,070 annually with increases of up to five percent per year. 2 of 6 Background On March 25, 2008, Council approved a Downtown Management Plan (Management Plan) which was the basis for an assessment engineer’s report (Engineer’s Report) setting forth the mechanism for assessing property owners to raise funds (Attachment A). On July 24, 2008, after a majority vote in favor of the proposed assessment, Council adopted Resolution 10336 (CCS), which established the Downtown Property-Based Assessment District (PBAD) and authorized the levy and placement of assessments on property tax rolls for properties within the district (Attachment B). Assessment funds are used to provide enhanced services and activities within the PBAD, such as maintenance and ambassadors, which are in addition to the baseline services provided by the City. The authorizing documents approved by Council outline the district boundaries, services, budget, cost, formation, and duration. A 20 -year district term was established subject to a 10-year majority vote by the property owners affirming the continuation of existing services. The City entered into a services agreement (Services Agreement) with Downtown Santa Monica, Inc. (DTSM) to define roles and responsibilities between the City and DTSM, and to delineate the collection and disbursement of assessment fees generated from the Downtown PBAD. The Services Agreement provides that the 10-year initial term of the agreement may be renewed for an additional 10-year period upon a majority vote in favor of extending the Downtown PBAD and Council approval. The Downtown PBAD generally encompasses the core of the downtown area bounded roughly by Ocean Avenue to the west, 7th Street to the east, the Santa Monica Freeway to the south, and Wilshire Boulevard to the north. Properties within the boundaries are assessed based on the lot or building square footage (whichever is greater), the property’s location within one of four benefit zones, and the type of use/ownership (commercial, residential, governmental, and non-profit). The Downtown PBAD as originally established in 2008 was comprised of three benefit zones. In 2015, a fourth benefit zone was established through the Colorado Avenue Overlay Zone , which runs until 2028, coinciding with the end of the Downtown PBAD term. The Downtown PBAD is separate from the Lincoln Boulevard Property-Based Assessment District (Lincoln 3 of 6 PBAD), which was also formed in 2015 and also runs until 2028. DTSM, a 501(c) (3) non-profit organization, is under contract with the City to administer the assessment funds and manage a variety of programs, services, and operations to support economic stability and community life in Santa Monica’s Downtown. DTSM provides hospitality and maintenance services, programs a year-round calendar of community events including a popular seasonal ice rink, and promotes Downtown as a vibrant shopping, dining, and entertainment destination. DTSM is governed by a 13 - member Board of Directors with six members appointed by the City Council, six elected by property owners, and one appointed by the City Manager. Since formation of the Downtown PBAD, DTSM has funded programs that have improved the area and attracted residents, businesses, and visitors alike. Notable services include a maintenance program, which provides staffing 24 hours per day, 7 days per week, a hospitality ambassador program, and enhanced marketing efforts and special events that help to promote the district. Attachment C produced by DTSM provides an overview of data demonstrating the measurable impacts of their oper ations, which have benefited Downtown and Santa Monica generally. Discussion Downtown property owners are being asked to consider only the continuation of district services under the existing Management Plan and Engineer’s Report. An assessment ballot initiative managed by the City is not required since there are no modifications to the district’s boundaries, assessment rate structure, governance, or other terms. The purpose of the 10-year vote is for the district’s property owners to affirm the services and assessments to be provided for the second 10 -year term. DTSM is administratively conducting the affirmative vote and is responsible for distributing and collecting the ballots, with the DTSM Board of Directors responsible for certifying the results. DTSM has retained Kristen Lowell Inc. (KLI), who was the consulting engineer on the Downtown PBAD’s formation, to advise on conducting the vote and to provide independent verification in tabulating the ballots and presenting the 4 of 6 official results. Under KLI’s guidance, DTSM will follow the same internal balloting process used to elect property owner representatives to their board. On February 15, 2018, DTSM mailed ballots and informational materials to property owners within the Downtown PBAD boundaries. Ballots are due on March 20, 2018, and the results will be tabulated by KLI and presented to DTSM’s Board of Directors at its March 22, 2018 meeting. In conjunction with the vote, DTSM proactively outreached to property owners and is holding office hours when ballots can be returned or concerns can be addressed directly. Property owners receive one vote for each assessment dollar paid, with ballots weighted in accordance with FY 2017-18 assessments. For the district to continue, the majority of ballots returned, as weighted by assessments, must be in favor of continuing the Downtown PBAD for another 10 years. City’s Ballots Council is asked to authorize the City Manager to cast ballots on behalf of several City- owned properties located within the boundaries of the Downtown PBAD. There are 31 City-owned parcels within the district that represent approximately 9.35 percent of the assessment vote. City properties mainly include the public parking structures and surface lots, the 4th/5th Street and Arizona Avenue site, the Santa Monica Main Library, and property adjacent to the Expo terminus station, as well as other properties listed on Attachment D. Next Steps If the Downtown PBAD property owners affirm the district’s 10 -year extension, staff recommends Council authorize the City Manager to negotiate and execute a Fourth Modification to the Services Agreement with DTSM to renew the term for an additional 10 years and modify any other required terms and conditions. However, if the majority of votes do not support the Downtown PBAD continuation, then programs such as enhanced maintenance and ambassador services would not be able to continue after May 2019 with the termination of the assessment funding and the end of the Services Agreement term. 5 of 6 Any subsequent renewal of the district would require a new management plan, engineer’s report, and ballot process, as would any new or increased assessments that are not consistent with the provisions of the adopted Management Plan. The duration of the Downtown PBAD 20-year term limit coincides with the expiration of the Colorado Overlay and the Lincoln PBAD in 2028. At that time, the City and DTSM could initiate proceedings to form a new PBAD that combines the Downtown PBAD and the Lincoln PBAD into a single assessment district that would serve Santa Monica’s Downtown. Financial Impacts & Budget Actions Should the Downtown property owners vote in favor of continuing the Downtown PBAD, the City would continue to pay property assessments for City-owned properties for an additional 10 years. In FY 2017-18, DTSM received $4,343,973 in property assessments within the Downtown PBAD. Of that, assessments for City -owned properties totaled approximately $406,070, which represents 9.35 percent of Downtown PBAD assessment funds. City assessments are funded from Housing and Economic Development Account 01274.577840 - Assessments for City-owned Property. To keep pace with the consumer price index and program costs, annual assessments may be increased up to five percent, subject to annual review and approval by DTSM’s Board of Directors. Additionally, the City’s annual assessment expenditures may vary depending on property acquisition and disposition over the next 10 years. Prepared By: Kriss Casanova, Senior Development Analyst Ap proved Forwarded to Council Attachments: A. March 25, 2008 Council Report B. July 24, 2008 Council Report C. DTSM Marketing Pamphlet - PBAD 10-YR Vote 6 of 6 D. List of City-Owned PBAD Properties Downtown Santa Monica Property-Based Assessment District 10 Year Affirmative Vote 10 YEARS DOWN(TOWN) It was roughly 10 years ago when property owners like yourself took a symbolic leap of faith by approving the creation of the Downtown Santa Monica Property-Based Assessment District (PBAD). Your considerable commitment provided the majority of the funding necessary to create award- winning enhanced hospitality and maintenance services and a comprehensive marketing plan ensuring that the Third Street Promenade remained one of the most celebrated public spaces in the world and that Downtown Santa Monica continued to grow into a diverse, economically vibrant, safe and clean community. At the time, there was limited evidence supporting the creation of the PBAD, aside from case studies in other downtowns, however, you were convinced of the need and committed to the vision outlined in the defining principles and objectives contained in the district’s founding documents. A decade later we can confidently say that your faith has been rewarded. Downtown is booming. The number of residents living in downtown has nearly tripled. Property values are higher than they have ever been. Exciting restaurants and innovative businesses are opening nearly every few months. Downtown and the Third Street Promenade are still drawing millions of visitors each year, helping to generate more than $1 billion in taxable sales for the City of Santa Monica. But now is not the time to rest. In fact, it is time to push forward and tackle the challenges of today, which is why we are asking for your support once again to reaffirm your belief in the PBAD and Downtown Santa Monica, Inc., the nonprofit charged with safeguarding your investment. Under the PBAD’s bylaws you must cast your vote for another 10 years of success. The assessment methodology will not change, and we will continue to deliver the same robust level of service. Failing to vote yes would eliminate the ambassador program in its entirety. We urge you to once again join us in our effort to enhance Downtown Santa Monica. In this infor- mation packet, you will find insightful stats demonstrating Downtown Santa Monica, Inc.’s progress. Please take the time to review this valuable information. We are confident you will be pleased with the results. Then, please, grab your ballot and cast your vote in favor of continuing the progress we have made. Now, more than ever, we need to focus our efforts on preserving the character of Downtown Santa Monica as we work together to find solutions to the housing crisis, traffic congestion and the changing face of retail. With your help and your support, we are confident that the next 10 years will be as prosperous and rewarding as the last. Please join the following PBAD supporters in creating a neighborhood we can all be proud of, one we would all love to call home. Adam Gottlieb Witkoff & 500 Broadway Alan Mont Property Owner Barbara Tenzer Tenzer Commercial Brokerage Barry Snell Santa Monica College Trustee Bill Tucker Tucker Investment Group Behrouz Soroudi Promenade Gateway Bruria Finkel Resident & Artist Congregation of St. Augustine’s by the Sea Corry Oakes OTO Development David Khedr Khedr Management Company Ellis O’Connor Fairmont Miramar Hotel Dr. Glen & Mary Tistaert Tistaert Dental Jan Sweetnam Federal Realty Johannes Van Tilburg VTBS Architects John Warfel Metropolitan Pacific Joshua Gilman Walter Marks Realty Juan Matute Associate Director, UCLA Julia Ladd Santa Monica Place Kacy Keys Seritage Growth Properties Marvin Lotz American Commercial Equities, LLC Noreen Husain Palisades Patricia Hoffman Resident Randy Starr Avision Young Rob Rader Santa Monica College Trustee Robert Coleman Property Owner Santa Monica College Scott Schonfeld LinWood Ventures/Lincoln Prop. Company Steaven Jones Steaven Jones Dev. Corp The Romano Family The Romano Enterprises Tara Barauskas California Community Foundation Dear Partner, 02 * 2017/2018 DOWNTOWN SANTA MONICA BOARD MEMBER SUPPORTERS OF THE DOWNTOWN PBAD Sincerely, Downtown Santa Monica, Inc. 1 3 L 0 2 ZONE 1 $947,546 ZONE 2 $2,056,955 ZONE 3 $838,015 ZONE L $410,984 ZONE O $327,119 DOWNTOWN PROPERTY OWNERS ARE ASSESSED ANNUALLY BASED ON THE ZONE IN WHICH YOUR PROPERTY IS LOCATED. THIS MAP ILLUSTRATES THE FIVE BENEFIT ZONES AND THEIR RESPECTIVE TOTAL ASSESSMENTS. FY 2016/2017 Downtown Benefit Zones STATEMENT OF ACTIVITIES FY16/17 Assessment Revenues Parks ICE at Santa Monica Other Revenues TOTAL REVENUES Economic/Business Development Marketing/Promotional Branding ICE at Santa Monica Operations Ambassadors Maintenance Parks Management/General Special Projects Homeless Support/Programs Dolphin Change Program TOTAL EXPENSES 6.30.2016 (FY15/16) $6,222,469 $0 $1,116,544 $293,731 $7,632,744 $416,037 $1,031,860 $1,030,256 $220,516 $1,647,063 $1,638,263 $0 $558,984 $343,232 $104,327 $17,275 $7,007,813 STATEMENT OF FINANCIAL POSITION FY16/17 Cash/Cash Equivalents Certificates of Deposit Property/Equipment TOTAL ASSETS Liabilities Total Net Assets TOTAL LIABILITIES & NET ASSETS 6.30.2017 (FY16/17) $4,015,331 $0 $76,606 $4,091,937 $523,974 $3,567,963 $4,091,937 6.30.2016 (FY15/16) $3,587,634 $ 0 $81,563 $3,669,197 $282,320 $3,386,877 $3,669,197 A summary of DTSM, Inc.’s FY16/17 financial statements for all programs and operations. FY 2016/2017 Financial Statements 6.30.2017 (FY16/17) $6,235,739 $249,959 $989,168 $811,689 $8,286,555 $432,311 $1,470,469 $931,489 $216,513 $1,825,068 $1,958,451 $233,955 $679,612 $173,449 $120,081 $22,413 $8,063,811 03 The Downtown Santa Monica Maintenance Program provides round- the-clock cleaning of district streets, sidewalks, parking structures and alleyways. The custodial and power washing services made possible by the PBAD have had an immensely positive impact on the public perception of Downtown Santa Monica. The maintenance team records every task as a “maintenance interaction.” Below is data collected since the program’s inception in June 2009. Maintenance PBAD OBJECTIVES TOTAL HOSPITALITY INTERACTIONS 1,105,293 BEFORE PBAD AFTER PBAD Fondly referred to as “the blue shirts,” hospitality ambassadors have made an indelible impression on residents and visitors as the depend- able, friendly, familiar faces of Downtown Santa Monica. Since 2009 the hospitality team has greeted patrons, provided business referrals or directions, assisted in finding lost children or vehicles and more. As the acting eyes and ears of the district, ambassadors will kindly notify patrons of quality of life violations such as no smoking, skate- boarding or biking on the Promenade, no sleeping in doorways and no filming without a permit. All interactions are recorded and reviewed regularly to maintain the quality of service this essential program provides. Hospitality BUSINESS REFERRALS QUALITY OF LIFE INTERACTIONS 449,914 250,052 Hospitality ambassadors have been monitoring the public restroom in Parking Structure 4 since its remodel in 2009. Since then 3,462,739 people have visited the restroom. TOTAL MAINTENANCE INTERACTIONS 859,271 04 TOTAL PIECES OF DEBRIS COLLECTED 668,097 SQ. FT. OF PUBLIC SPACE POWER WASHED 17,653,768 What’s in a name? In our case, it’s the difference between a sunny, thriving central business district and an action-packed authentic, beachside, urban destination that is home to residents of all ages, the top culinary minds in the world, sought after retail brands and cutting-edge technology. After an extensive branding project made possible by the PBAD, Bayside District transformed into Downtown Santa Monica Enhanced Marketing The dream to redevelop and revitalize the Third Street Promenade in the late 1980s was shared between public officials and private property and business owners. Public and private investment and joint policy making paved the road to success. In 2008, you voted to reinvest in Downtown Santa Monica again, this time in programs that would make the user experience safer, cleaner and more inviting. To ensure decisions impacting downtown represent the interests of both residents and property owners, the Downtown Santa Monica, Inc. Board of Directors follows a balanced nomination structure in which property owners directly elect six members who are invested in the district’s success. Governance Structure PROPERTY OWNER ELECTED BOARD MEMBERS CITY COUNCIL APPOINTED CITY MANAGER DESIGNEE MEMBERS 6 13 with the brand philosophy to embrace our true downtown roots. Enhanced marketing programs like branding, public relations, social media and events have elevated the visitor experience and the global conversation about Downtown Santa Monica, Los Angeles Business Journal’s Industry Leader and top Business Improvement District. 05 267 TOTAL EVENTS HOSTED ON THE THIRD STREET PROMENADE 1,733,819,575 TOTAL MEDIA IMPRESSIONS 519,663 TOTAL WRISTBANDS SOLD AT ICE AT SANTA MONICA 2009–2017 MEMBERS 6 MEMBER 1 A DECADE OF DATA 06 2016 $1,089,765,400 Total Taxable Sales Generated in Downtown Santa Monica Percentage of Citywide Taxable Sales Generated in Downtown Santa Monica 2008 16% | 2008 32% | 2016 $462,406,100 4,277,282 Average Annual Office Rent Total Sq. Ft. of Office Space Office Vacancy Rates 2017 8.8% | 2008 6.9% | 2017 2008 2017 $54.47 /sq. ft. $65.36 /sq. ft. 2,587,367 Average Annual NNN Retail Rent Total Sq. Ft. of Retail Space Retail Vacancy Rates 2017 2008 2017 $52.45 /sq. ft. $85.53 /sq. ft.16.8% | 2008 4.9% | 2017 TESTIMONIALS 07 The homeless crisis is one of the most challenging issues we face today, requiring a considerable amount of time, resources, partnerships and patience to help make a meaningful difference. Partners like Downtown Santa Monica, Inc. play a critical role, helping to not only connect those living on the streets to services, but also hiring those who are working their way out of homelessness through their contract with Chrysalis. In addition, downtown ambassadors educate residents and visitors on the programs available for homeless individuals and where they can volunteer their time, further expanding the network of those who care and want to help bring an end to this crisis. —JOHN MACERI Executive Director, The People Concern I’ve been a Santa Monica resident for over 20 years, since before the Promenade as we now know it. I just want to tell you that I love the ambassadors (in this case Dion) who are sitting on the lower level of parking structure 4 near the elevators, who are available to be of service, who always have a friendly “hello” and make me feel a hell of a lot more secure. The whole climate of the place has changed. I actually used the bathroom in one structure! And it was nice! So thank you for helping to dramatically improve the environment and, I’m sure, making more than one person safe and happy. Cheers! —CATHY L. Santa Monica, CA —CHIEF KENNETH SEMKO Santa Monica Police Department The ambassador program managed by Downtown Santa Monica, Inc. is a tangible model of success in community policing. Providing additional eyes and ears with an open line of communication to the Police Department, the ambassador program continues to be a valu- able public safety asset as we continually strive to improve the safety and wellbeing of our community. —TIM TOMPKINS President, Times Square Alliance President, International Downtown Association Downtown Santa Monica, Inc. is at the forefront of urban place man- agement and is one of the leaders in the industry. It’s CEO, Kathleen Rawson, has been an invaluable presence on the International Downtown Association board of directors, providing sound leadership and insight gathered during her nearly 30 years of work in the field. Santa Monica is lucky to have an organization like Downtown Santa Monica, Inc. looking after its downtown. We’ve got your back. VOTE NOW FOR 10 MORE YEARS OF SERVICE. APN Site Address Site Description Lot or Bldg Sq.Ft.FY 2017-18 Assessment 1 4291-002-901 1235 2nd Street Parking Structure #2 240,000 $39,600.00 2 4291-003-903 1234 4th Street Parking Structure #1 134,663 $22,219.40 3 4291-012-900 1318 4th Street Parking Structure #3 134,663 $22,219.40 4 4291-013-901 1321 2nd Street Parking Structure #4 225,000 $37,125.00 5 4291-016-902 1431 2nd Street Parking Structure #6 284,899 $47,008.34 6 4291-017-905 1440 4th Street Parking Structure #5 216,762 $35,765.73 7 4291-026-916 320 Broadway Parking Structure #7 310,048 $51,157.92 8 4291-026-917 215 Colorado Avenue Parking Structure #8 381,702 $62,980.83 9 4291-009-900 1343 6th Street Library Consolidated 108,250 $17,861.25 10 4291-010-901 1323 5th Street Surface Parking Lot 7,497 $1,237.01 11 4291-011-900 1324 5th Street 4th + AZ Development Site 8,999 $1,484.84 12 4291-011-901 1324 5th Street 4th + AZ Development Site 5,998 $989.67 13 4291-011-902 1324 5th Street 4th + AZ Development Site 7,497 $1,237.01 14 4291-011-903 1324 5th Street 4th + AZ Development Site 7,497 $1,237.01 15 4291-011-904 1324 5th Street Surface Parking Lot 7,501 $1,237.67 16 4291-011-905 1326 5th Street Angelo's Parking Lot 7,497 $1,237.01 17 4291-011-906 1338 5th Street Carlson Park Lot Swap 7,497 $1,237.01 18 4291-011-907 1342 5th Street Former Carlson Building 7,501 $1,237.67 19 4291-011-908 1334 5th Street Former Angelo's Building 7,501 $1,237.67 20 4290-011-909 402 Colorado Avenue Expo Adjacent 46,942 $7,745.43 21 4290-011-901 402 Colorado Avenue Expo Adjacent 4,900 $808.50 22 4290-011-902 402 Colorado Avenue Expo Adjacent 5,387 $888.86 23 4291-020-900 1444 7th Street Fire Station #1 15,002 $2,475.33 24 4291-025-900 1527 4th Street Ken Edwards Center 26,926 $8,858.65 25 4292-020-013 1125 3rd Street Parking Structure #10 39,857 $6,576.41 26 4292-020-014 1148 4th Street Parking Structure #9 120,000 $19,800.00 27 4290-010-908 505 Olympic Boulevard BBB minus Samoshel 34151 $5,634.92 28 4290-011-905 1636 5th Street Surface Parking Lot 4400 $726.00 29 4290-011-904 1636 5th Street Surface Parking Lot 4761 $785.57 30 4290-011-903 1636 5th Street Surface Parking Lot 5166 $852.39 31 4290-011-906 1636 5th Street Office Building 15,803 $2,607.50 $406,069.92 CITY-OWNED PARCELS - DOWNTOWN PBAD FY 2017-18 ASSESSMENTS REFERENCE: Agreement No. 10641 (CCS)