HomeMy WebLinkAboutRes 01-46 through 01-49 Presiden's Plaza III Resolution for Adoption Resolution No. 01-46
Resolution No. 01-47
Resolution No. 01-48
Resolution No. 01-49
Contract No. C18740
� \►� STAFF REPORT
bim �/`ti,. Office of the City Manager
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PAT CONLON, SPECIAL PROJECTS ADMINISTRATOR
DATE: APRIL 12, 2001
SUBJECT: PRESIDENT'S PLAZA III — FORMATION OF A BUSINESS
IMPROVEMENT DISTRICT
RECOMMENDATION
1) Approve Resolution No. 01-46 , declaring the City's intention to form the
President's Plaza III Business Improvement District, and the levy and collection
of assessments, pursuant to the provisions of Part 7 of Division 18 of the
California streets and highways code and call for an assessment ballot
proceeding to submit to the qualified property owners within such district the
question of establishing an assessment range formula for such district and
levying such assessments for such district.
2) Approve Resolution No. 01-47 , initiating proceedings for the formation of the
President's Plaza III property and Business Improvement District, and the levy
and collection of assessments, pursuant to the provisions of Part 7of Division18
of the California streets and highways code.
3) Approve Resolution No. 01-48 , describing proposed improvements and
services and approval of the preliminary management district plan regarding the
proposed formation of the President's Plaza III Business Improvement District,
and the levy and collection of assessments, pursuant to the provisions of Part 7
of Division 18 of the California streets and highways code.
4) Approve Resolution No. 01-49 , preliminary approve an engineer's report for
the President's Plaza III property and Business Improvement District, Fiscal Year
2001/02.
5) Authorize staff to advertise and obtain design-build proposals for the
reconstruction of President's Plaza III and report back to the City Council with a
recommendation for award of contract.
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Resolution No. 01-46
Resolution No. 01-47
Resolution No. 01-48
Resolution No. 01-49
Contract No. C18740
Staff Report
President's Plaza III — Formation of a Business Improvement District
April 12, 2001
EXECUTIVE SUMMARY
These resolutions are necessary to begin the formation of a Business Improvement
District which when approved by fifty-one percent (51%) of the property owners will fund
the utilities, insurance, and maintenance costs of the proposed public parking lot.
Authorization to go out for bid is also necessary at this time to begin and complete the
improvements to President's Plaza III during the summer.
BACKGROUND
After several meetings with the property owners and the requisite number of petitions
requesting formation of the Business Improvement District returned to the City, we are
now at the point where we may start the process of formation of the Business
Improvement District.
When the improvements to the public parking lot are complete, the goal of the Business
Improvement District is to have a mechanism in place for the property owners to pay for
their share if the utilities, insurance, and ongoing maintenance of the parking lot; similar
to President's Plaza I and II with the exception that trash service is not included in the
maintenance cost of this district. The owners will retain control over their individual
trash pick-up service.
Attached to this report are the following documents necessary to pursuant Proposition
218 to begin the district formation: a) 4 resolutions; b) preliminary management district;
c) preliminary engineer's report.
At the meetings with the property owners, it was unanimous for the reconstruction of
the parking lot to take place during the summer months (June to mid September).
The redesign and reconstruction of President's Plaza III parking lot will achieve
improvement in the following critical areas:
1) The redesign adds 108 parking spaces to the parking lot which will help relieve
the crowded parking conditions currently in the area of Palominos, California
Pizza Kitchen, and Tony Roma's restaurants.
2) Improved traffic circulation.
3) Improved drainage.
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Resolution No. 01-46
Resolution No. 01-47
Resolution No. 01-48
Resolution No. 01-49
Staff Report Contract No. C18740
President's Plaza III — Formation of a Business Improvement District
April 12, 2001
4) Updated and expanded trash enclosures with enough room for recycle bins.
5) Updated handicap parking stalls conforming to ADA standards.
6) Shade tree landscaping and placement conforming to our current City parking lot
standards.
7) Parking lot illumination conforming to our current City lighting standards during
the evening hours, increased safety of the employees and patrons of the
adjacent businesses.
A copy of the site plan is attached to this report for your review.
The next step in the Business Improvement District formation is the mailing of the
ballots to the 16 property owners, and after the required 45-day ballot period a public
hearing will be held to count the ballots and determine if the district will be formed.
During this period staff would like to advertise for design-build proposals and return
back to the City Council at the same meeting as the public hearing to award the
contract for construction. Only if the district is successful in forming.
Please call me if you have any questions.
Respectfully submitted: CITY COUNCILCTION:
APPROVED DENIED
RECEIVED OTHER
MET IN DATE rQ
:'AYES: inAAA-tom) k.04 , 4.41,616 0
PA CONLON NOES
SPECIAL PROJECT ADMINISTRATOkBSENT: _•4.
S1AIN
VERIFIED BY:
mo Original on File with ' ; erk' s Office
Attachments
Reviewed and concur:
CARLOS L. ORTEGA
CITY MANAGER
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s
•
RESOLUTION NO. 01-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, TO PRELIMINARILY APPROVE AN ENGINEER'S REPORT FOR
THE PRESIDENT'S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT
DISTRICT, FISCAL YEAR 2001/02
The City Council of the City of Palm Desert (hereafter referred to as the "City Council") does
resolve as follows:
WHEREAS, the City Council has retained MuniFinancial for the purpose of assisting
with the Annual Levy of the President's Plaza III Property and Business Improvement District
(hereafter referred to as the "District"), and to prepare and file an Engineer's Report (hereafter
referred to as the "Report") with the City Clerk in accordance with the provisions of California
Constitutional Articles XIIIC and XIIID; and,
WHEREAS, there has now been presented to this City Council the Preliminary
Engineer's Report as required by California Constitutional Articles XIIIC and XIIID; and,
WHEREAS, this City Council has carefully examined and reviewed the Report as
presented, and is preliminarily satisfied with the District, each and all of the budget items and
documents as set forth therein, and is satisfied that the levy amounts, on a preliminary basis,
have been spread in accordance with the special benefit received from the improvements,
operation, maintenance and services to be performed within the District, as set forth in said
Report; and,
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY
THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:
Section 1 Engineer's Report: The City Council hereby orders MuniFinancial to prepare and file
with the City Clerk the Engineer's Report concerning the levy of assessments for the District for
the fiscal year commencing July 1, 2001, and ending June 30, 2002, in accordance with California
Constitutional Articles XIIIC and XIIID.
Section 2 Proposed improvements and any substantial changes in existing improvements: The
improvements within the District include: landscaping, lighting, and street sweeping. The
Engineer's Report describes all the improvements and any substantial changes in existing
improvements.
Section 3 That the "Engineer's Report" as presented, consists of the following:
a) A Description of Improvements.
1
RESOLUTION NO. 01-49
b) The Annual Budget (Costs and Expenses of Services, Operations and
Maintenance).
c) The Method of Apportionment.
Section 4 The "Engineer's Report" as presented is hereby approved on a preliminary basis,
and ordered to be filed in the Office of the City Clerk as a permanent record and to remain
open to public inspection.
Section 5 That the City Clerk shall certify to the passage and adoption of this Resolution and
the minutes of this meeting shall so reflect the presentation of the Report.
Section 6 Intention: The City Council hereby declares its intention to seek the annual levy and
collection of assessments within the District pursuant to the Act, over and including the land
within the District boundary, and to levy and collect assessments on all such land to pay the
annual costs and expenses of the improvements and services described in Section 4 of this
Resolution, for Fiscal Year 1999/2000.
Section 7 District Boundaries: The boundaries of the District are as described in the Engineer's
Report and are consistent with the boundary established and described in the Management
District Plan, on file with the City Clerk, and incorporated herein by reference. The District is
within the boundaries of the City of Palm Desert, within the County of Riverside, State of
California and includes the territory referred to as the "President's Plaza III Property and
Business Improvement District".
Section 8 Proposed Assessment Amounts: For Fiscal Year 2001/2002, the proposed
assessments outlined in the Engineer's Report and Management District Plan will be
submitted for approval to the property owners. As such, the proposed assessment is new, and
does require property owner approval for an increase in accordance with the requirements of
the California Constitution,Articles XIIIC and XIIID.
2
•
• RESOLUTION NO. 01-49
The foregoing Resolution 01-49 was passed and adopted by the City Council of the City
of Palm Desert on the 12th day of April , 2001, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JIM FERGUSON, MAYOR
City of Palm Desert
ATTEST:
SHEILA R. GILLIGAN, CITY CLERK
City of Palm Desert
3
RESOLUTION NO.
•
01-48
DESCRIBING PROPOSED IMPROVEMENTS AND SERVICES AND
APPROVAL OF THE PRELIMINARY MANAGEMENT DISTRICT PLAN
REGARDING THE PROPOSED FORMATION OF THE PRESIDENT'S PLAZA
III BUSINESS IMPROVEMENT DISTRICT, AND THE LEVY AND
COLLECTION OF ASSESSMENTS, PURSUANT TO THE PROVISIONS OF
PART 7 OF DIVISION 18 OF THE CALIFORNIA STREETS AND HIGHWAYS
CODE
The City Council of the City of Palm Desert, California (hereafter referred to as the "City
Council") does resolve as follows:
WHEREAS, The City Council pursuant to the provisions of the Property and
Business Improvement District Law of 1994, Part 7 of Division 18 of the Streets and Highways
Code of California (hereafter referred to as the "Act"), did by previous Resolution, initiate
proceedings for the formation of the President's Plaza III Property and Business
Improvement District (hereafter referred to as the "District"), pursuant to the provisions of
the Act, and did order the preparation of a Management District Plan for said District, and
WHEREAS, The City Council has retained MuniFinancial, for the purpose of
assisting with the formation of the District and establishment of the assessments, and to
prepare and file a Management District Plan with the City Clerk in accordance with the Act;
and in accordance with the requirements of the California Constitution, Articles XIIIC and
XIIID, and
WHEREAS, MuniFinancial has presented to the City Council the Preliminary
Management District Plan, which is incorporated herein by reference, and
WHEREAS, The City Council has carefully examined and reviewed the
Preliminary Management District Plan as presented, and is satisfied with the District, each
and all of the budget items and documents as set forth therein, and is satisfied that the
assessments have been spread in accordance with the special benefits received from the
improvements, operation, maintenance and services to be performed within the District,
as set forth;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM
DESERT DOES HEREBY RESOLVE AS FOLLOWS:
1. The above recitals are true and correct.
2. That the Management District Plan as presented, and consisting of the following:
A. A Description of Improvements and services to be provided by the District
1
RESOLUTION NO. 01-48
B. The Annual Budget (Estimates of Costs and Expenses of Services, Operations and
Maintenance);
C. The District Roll containing the Levy of Assessments for each Assessor Parcel within
the District; and,
D. A Preliminary Boundary Map for the boundaries of the District.
The foregoing Resolution 01-48 was passed and adopted by the City Council of the
City of Palm Desert on the 12th day of April , 2001, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JIM FERGUSON, MAYOR
City of Palm Desert
ATTEST:
SHF,ILA R. GILLIGAN, CITY CLERK
City of Palm Desert
2
•
RESOLUTION NO. 01-47
INITIATING PROCEEDINGS FOR THE FORMATION OF THE PRESIDENT'S
PLAZA III PROPERTY AND BUSINESS IMPROVEMENT DISTRICT, AND
THE LEVY AND COLLECTION OF ASSESSMENTS, PURSUANT TO THE
PROVISIONS OF PART 7 OF DIVISION 18 OF THE CALIFORNIA STREETS
AND HIGHWAYS CODE
The City Council of the City of Palm Desert, California (hereafter referred to as the "City
Council") does resolve as follows:
WHEREAS, The City Council desires to initiate proceedings for the formation of
President's Plaza III Property and Business Improvement District (hereafter referred to as
the "District") pursuant to the provisions of the Property and Business Improvement District
Law of 1994, Part 7 of Division 18 of the Streets and Highways Code of California (hereafter
referred to as the "Act"), formation of a business improvement district, and the levy and
collection of assessments by the County of Riverside for the City of Palm Desert to pay for
the Improvements and Activities as described in the Management District Plan; and,
WHEREAS, Pursuant to the Act, a written petition of the property owners within
the District, representing more than 50 percent of the proposed assessment to be levied, has
been presented to the City Council; and,
WHEREAS, The City Council has retained MuniFinancial for the purpose of
assisting with the formation of the District and establishment of the assessments, and to
prepare and file a Management District Plan with the City Clerk in accordance with the Act;
and in accordance with the requirements of the California Constitution, Articles XIIIC and
XIIID;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM
DESERT DOES HEREBY RESOLVE AS FOLLOWS:
1. The above recitals are true and correct.
2. The City Council hereby orders MuniFinancial to prepare and file with the City Clerk
the Management District Plan concerning the formation and establishment of
assessments for the District in accordance with the Act.
3. Proposed improvements: The improvements within the District are more specifically
described in the Management Plan attached hereto and incorporated herein by reference.
4. Boundaries and Designation: The District consists of all parcels located in the
commercial business area known as the President's Plaza III within the City of Palm
Desert. The territory is within the City of Palm Desert, within the County of
Riverside, State of California. The proposed district is designated as: "President's Plaza
III Property and Business Improvement District."
1
RESOLUTION NO. 01-47
The foregoing Resolution )01-47 was passed and adopted by the City Council of the
City of Palm Desert on the 12th day of April , 2001, by the following
vote:
AYES: BENSON, CRITES, KELLY, SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: FERGUSON
JIM, FERGUSON, MAYOR
City of Palm Desert
ATTEST:
SHEILA R. GILLIGAN, CITY CLERK
City of Palm Desert
2
RESOLUTION NO. 01-47
The foregoing Resolution )01-47 was passed and adopted by the City Council of the
City of Palm Desert on the 12th day of April , 2001, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JIM, FERGUSON, MAYOR
City of Palm Desert
ATTEST:
SHEILA R. GILLIGAN, CITY CLERK
City of Palm Desert
2
CITY OF PALM DESERT
PRELIMINARY ENGINEER'S REPORT
PRESIDENT'S PLAZA III PROPERTY AND
BUSINESS IMPROVEMENT DISTRICT
FISCAL YEAR 2001/02
MuniFinancial
A WILLDAN COMPANY
Corporate Office Regional Offices
28765 Single Oak Drive ♦ Jacksonville, FL
Suite 200 ♦ Kansas City, MO
Temecula, CA 92590 ♦ Oakland, CA
Tel: (909)699-3990 ♦ Phoenix, AZ
Tel: (800) 755-MUNI (6864) ♦ Sacramento, CA
Fax: (909)699-3460 ♦ Seattle, WA
www.muni.com ♦ Washington, DC
♦ Whittier, CA
ENGINEER'S REPORT AFFIDAVIT
City of Palm Desert
President's Plaza III Property and
Business Improvement District
City of Palm Desert
Riverside County, State of California
This Report describes the District and defines improvements, budget and method of
assessment apportionment, and the parcels proposed to be levied for Fiscal Year 2001/02 as
they existed at the time of the passage of the Resolution of Intention. Reference is hereby
made to the Riverside County Assessor's maps for a detailed description of the lines and
dimensions of parcels within the District. The undersigned respectfully submits the enclosed
Report as directed by the City Council.
Dated this day of , 2001.
MuniFinancial
Assessment Engineer
On Behalf of the City of Palm Desert
By:
Brian Jewett
Project Manager
By:
Richard Kopecky
R. C. E. # 16742
TABLE OF CONTENTS
OVERVIEW 1
Introduction 1
District Formation Process 2
DESCRIPTION OF THE DISTRICT 3
Description of the District Boundary 3
Description of the Improvements and Activities 3
Special Benefits of the Improvements and Activities 4
METHOD OF APPORTIONMENT 6
Method of Apportionment Rationale 6
Method of Apportionment Calculations 6
DESCRIPTION OF BUDGET ITEMS 9
District Budget 12
APPENDIX A — DISTRICT BOUNDARY MAP 14
APPENDIX B — DISTRICT ASSESSMENT ROLL 16
President's Plaza III Property 'Business Improvement District
Preliminary En, is Report, City of Palm Desert
Fiscal Year 2001/02
OVERVIEW
Introduction
The City of Palm Desert ("City") proposes to establish the President's Plaza III
Property and Business Improvement District ("District"). The purpose of the District
is to provide the annual operation and maintenance of certain improvements that
confer special benefits upon real property within the boundaries of the District.
The District is proposed to have a maximum term of five years beginning in Fiscal
Year 2001/02 and ending in Fiscal Year 2005/06. Once the term of the District has
expired, the property owners within the District have the ability to renew the District
up to another five-year term as provided by California law.
The City of Palm Desert Redevelopment Agency ("Agency") currently is in the
process of installing and constructing various improvements to the private parking lot
included within the boundaries of the proposed District. The installation and
construction of the improvements will be fully funded by the Agency. The annual
operation and maintenance of these improvements are proposed to be funded through
District assessments. The assessments are proposed to be levied on the District parcels
that benefit from the annual operation and maintenance of these improvements.
The District is proposed to be established and levied pursuant to the Property and
Business Improvement District Law of 1994, Part 7 of Division 18 of the California Streets
and Highways Code ("Act"). Pursuant to the Act, property owners within the District
must submit a signed petition requesting formation of the District. The District can be
formed, and a maximum assessment approved, by the property owners through an
assessment ballot proceeding, conducted according to provisions of the California
Constitution Article XIIID ("Proposition 218"). Pursuant to the Act, the Council may
propose to annually levy and collect assessments to provide funding for improvements
and activities authorized within the District for a period of five years (Fiscal Years
2001/02 through 2005/2006).
This Engineer's Report ("Report") describes the proposed District, improvements and
activities, method of apportionment, special benefit analysis, boundaries of the
District, the proposed budgets, and the maximum assessment to be approved for the
five-year duration of the District. The proposed assessments are based on the estimated
cost to provide the improvements, activities, and operation that provide a direct and
special benefit to properties within the District. The costs of improvements, activities,
and operation include all expenditures, deficits, surpluses, revenues, and reserves.
The word "property," for the purposes of this Plan, refers to real property situated
within the District, and identified as an individual property or parcel assigned its own
Assessment Number by the County of Riverside Assessor's Office. The County of
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President's Plaza III Property Business Improvement District
Preliminary Em is Report, City of Palm Desert
Fiscal Year 2001/02
Riverside Auditor/Controller uses Assessment Numbers to identify, on the tax roll,
parcels and properties assessed for special district benefit assessments.
District Formation Process
A written petition of the property owners within the District, representing more than
50 percent of the proposed District assessment to be levied, is required in order to
initiate formation proceedings. The City Council may initiate proceedings for the
formation of the District by adopting a resolution expressing its intention to form the
District. The resolution of intention contains the original Management District Plan,
this Report and the time and place of a public hearing on the establishment of the
District and levy of assessments.
Not less than forty-five (45) days and not more than ninety (90) days of adopting the
resolution of intention, the City Council may hold a public hearing on the matter of
formation, and cause notice to the property owners pursuant to Section 54954.6 of the
Government Code. Public notices and assessment ballots (property owner protest
ballots) may be mailed to each property owner at least 45 days prior to the public
hearing pursuant to Article XIIID of the California Constitution.
At the public hearing, the City Council will provide the public and property owners
an opportunity to provide oral protests and written protests prior to the adoption of
the Management District Plan and the final Engineer's Report. Pursuant to the
California Constitution Article XIIID, the City Council will tabulate property owner
assessment ballots received from property owners to determine whether majority
protest exists. If it is determined and declared by resolution that majority protest does
not exist and the property owners confirm and approve the assessments, the District
may be formed.
Pursuant to the Act, the City Council shall appoint an Advisory Board for the
District. This Advisory Board shall make recommendations to the City Council on the
expenditures of revenue derived from the levy of assessments and on the classification
of properties as applicable. At least one member of the Advisory Board shall be a
business licensee within the District who is not a property owner within the District.
This Advisory Board shall cause to be prepared a report each fiscal year for which
assessments are to be levied and collected. Said annual report shall be filed with the
City Clerk and shall contain: any proposed changes to the district boundary; the
improvements and activities to be provided that year; the estimated costs for that year;
the method of assessment; the amount of any surplus or deficit; and contributions
from other sources. The City Council may approve the report as submitted or as
modified.
MuniFinancial Page 2
President's Plaza III Property i ;usiness Improvement District
Preliminary Eng 's Report, City of Palm Desert
Fiscal Year 2001/02
DESCRIPTION OF THE DISTRICT
Description of the District Boundary
The District consists of all parcels located in the commercial business area known as
the President's Plaza III within the City of Palm Desert, County of Riverside. The
District includes sixteen (16) assessed commercial parcels.
The boundary of the District and the parcels therein are generally located South of
Palm Desert Drive at Highway 111; North of El Paseo; West of Sage Lane; and East of
Old Highway 74, and includes the Palm Desert Parking Lot - lease parcel to the City
of Palm Desert located South of Highway 111; East of New Highway 74; and West of
Old Highway 74.
Description of the Improvements and Activities
In an effort to enhance and improve business opportunities and the appearance of the
area known as the President's Plaza III, the Agency currently is providing funds for the
renovation and capital improvement of the parking lot and landscaped areas related to
this commercial business center. In conjunction with this renovation, President's Plaza
III Property and Business Improvement District is proposed to be formed to provide
and ensure the continued operation and maintenance of the improvements after the
renovations have been completed.
All the properties within the District receive special and distinct benefits from the
improvements and activities to be funded through the assessments. The improvements
include all necessary activities, services, operation, administration, and maintenance
required to keep the improvements in satisfactory condition including all necessary
labor, material, and equipment. The services may include, but are not limited to,
regular maintenance, repair, removal or replacement of all or any part of the
improvements including removal of trimmings, rubbish, debris and other solid waste;
and, providing for the growth, health and beauty of landscaping and lighting including
cultivation, trimming, spraying, fertilizing or treating for disease or damage as well as
supplying necessary irrigation and electrical energy. The specific improvements and
activities include:
• Parking lot landscaped areas — including but not limited to: ground cover, shrubs,
trees, plants, irrigation and drainage systems and associated appurtenant facilities,
and,
• Parking lot lighting facilities — including but not limited to: bulbs, fixtures, poles,
wiring, and electrical energy, and,
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President's Plaza III Property 3usiness Improvement District
Preliminary Eng 's Report, City of Palm Desert
Fiscal Year 2001/02
• Debris removal — including but not limited to: regular mechanical sweeping of the
parking lot.
The costs associated with the improvements are equitably spread among all benefiting
parcels within the District utilizing the method of apportionment described in Section
III of this Report. The total funds collected shall be dispersed and used for only the
services and operations provided to the District.
Special Benefits of the Improvements and Activities
All assessed properties within the District receive special benefits from one or more of
the improvements and activities funded through the District assessments. Specifically,
lighting and landscaping amenities within the parking lot, and regular sweeping of the
parking lot.
The special benefits of lighting (parking lot lights) are the convenience, safety, and
security of property, improvements, and goods. Specifically:
1. Enhanced deterrence of crime and the aid to police protection;
2. Increased nighttime safety for patrons and employees;
3. Improved visibility for pedestrians and motorists;
4. Improved ingress and egress to property;
5. Reduced vandalism and other criminal acts and damage to improvements or
property;
6. Enhanced aesthetic appeal of the parking area and the properties that are associated
with the parking area;
7. Increased promotion of business activities and opportunities during nighttime
hours; and,
8. The special enhancement to the value of property which results from the above
benefits.
The benefits associated with landscaped islands and medians within the parking lot are
specifically:
1. Improved aesthetic appeal of the parking area and nearby parcels;
2. Improved dust control;
3. Enhanced adaptation of the urban environment within the natural environment;
4. Improved traffic circulation;
5. A positive representation of the businesses within the District;
6. Centralized locations for refuse collection facilities; and,
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President's Plaza III Property Business Improvement District
Preliminary En is Report, City of Palm Desert
Fiscal Year 2001/02
7. The special enhancement to the value of property which results from the above
benefits.
Parking lot sweeping is an essential and necessary activity for all properties—
particularly commercial properties. This improvement is funded through the
assessments solely for the special benefit of properties within the District. The benefits
associated with this service is:
1. Enhanced aesthetic appeal of the parking area and the properties that are associated
with the parking area;
2. Improved dust control;
3. The special enhancement to the value of property which results from the above
benefits.
The on-going operation and maintenance of the landscaping, lighting and sweeping
improvements provide no measurable general benefit to other properties outside the
District or to the public at large. Therefore, these improvements and the
corresponding assessments have been identified as 100% special benefit to parcels
within the District.
MuniFinancial Page 5
President's Plaza III Property Business Improvement District
Preliminary Eng 's Report, City of Palm Desert
Fiscal Year 2001/02
METHOD OF APPORTIONMENT
Method of Apportionment Rationale
The costs of the District improvements have each been apportioned by a formula and
method which fairly distributes the net amount to be assessed among all assessed
parcels in proportion to the estimated special benefits to be received by each parcel
from the improvements.
Parking Lot Improvements and Services
All assessed parcels within the President's Plaza III PBID have use of, and access to, a
centralized parking facility (lot) that provides access, parking, and delivery areas for the
businesses and parcels within the District. Because the parking area is a centralized
facility used and accessed by all properties within the District, each parcel's benefit is
based on the size of such parcel. Therefore, it has been determined that a fair and
reasonable reflection of each parcel's benefit for the parking lot improvements shall be
based on the approximate size, in square feet, of each parcel.
Method of Apportionment Calculations
The Total Direct Costs of the parking lot improvements and services are apportioned
to each parcel within the District based on each parcel's lot size in square feet. In
addition to a parcel's Total Direct Cost, each parcel is assessed for District
administration expenses and a reserve fund collection (Indirect Costs). The Indirect
Costs for each parcel have been apportioned in the same manner as Total Direct Costs.
Therefore, each parcel's Total Annual Assessment is the sum of its proportionate share
of the Total Direct Costs and Total Indirect Costs.
Apportionment of Direct Costs
The Total Direct Costs estimated for parking lot improvements and services
(maintenance) is based on the estimated annual costs to maintain the landscaping,
lighting, and mechanical sweeping of the parking lot within President's Plaza III. This
Total Direct Cost, divided by the sum of the square footage of all parcels within the
District, establishes a rate per parcel square foot. This rate multiplied by each parcel's
square footage equals the parcel's proportionate share of the parking lot maintenance
costs (rounded to the nearest even penny). The rate provided below is for Fiscal Year
2001/02 only. Please refer to the District Budget (Table 1) for future assessment rates.
MuniFinancial Page 6
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President's Plaza III Property 3usiness Improvement District
Preliminary Eng 's Report, City of Palm Desert
Fiscal Year 2001/02
Total Direct Cost/Total Square Footage = Rate per Square Foot
Rate x Parcel Square Footage = Direct Cost Assessment Component
Proposed
Direct Rate
CDita (per sq ft)
First Fiscal Year $11,600 $0.026
Apportionment of Indirect (Administration/Reserve) Costs
To ensure the improvements, activities, and services provided and funded through the
District are continued, each parcel will be assessed for administrative and reserve costs
(Indirect Costs). These Indirect Costs include all expenses related to the administration
of the District as well as the collection of money towards a Reserve Fund. The Reserve
Fund Collection is proposed to be slightly over forty percent (40%) of the annual Total
Direct Costs of the District.
Similar to the method of apportionment for Total Direct Costs, the District's indirect
costs are apportioned to each parcel based on each parcel's lot size in square feet. The
rate provided below is for Fiscal Year 2001/02 only. Please refer to the District Budget
(Table 1) for future assessment rates.
Total Indirect Cost/Total Square Footage = Rate per Square Foot
Rate x Parcel Square Footage = Indirect Cost Assessment Component
Proposed
Indirect Rate
Costs (per sq ft)
First Fiscal Year $15,609 $0.034
MuniFinancial Page 7
•
President's Plaza III Propertj Business Improvement District
Preliminary En is Report, City of Palm Desert
Fiscal Year 2001/02
Total Annual Assessment
Each parcel's Total Annual Assessment is the sum of their proportionate share of the
Direct Costs and Indirect Costs. The preceding description of the method of
apportionment outlines the estimated cost and rates applied for the District in the first
fiscal year of existence (FY 2001/01). The rate provided below is for Fiscal Year
2001/02 only. Please refer to the District Budget (Table 1) for future assessment rates.
Direct Cost Rate + Indirect Cost Rate = Total Rate per Square Foot
Proposed
FY 01/02
Rate (sq ft)
Direct Cost Rate $ 0.026
Indirect Cost Rate 0.034
Total Assessment Rate $ 0.060
Annual Budget Adjustments
For the initial five years of the PBID, annual assessments may be adjusted by the
President's Plaza III PBID Advisory Board up to three percent (3%) per year. Actual
annual adjustments may range from zero percent (0%) to three percent (3%).
Adjustments may differ from year to year depending on the service needs identified by
the Advisory Board. In any event, assessments will not exceed the levels illustrated by
the District Budget (Table 1).
Any annual budget surplus or deficit will be accrued into the following year's PBID
budget. Assessments will be set accordingly, within the constraints of the annual
adjustment, to adjust for surpluses or deficits that are carried forward.
MuniFinancial Page 8
President's Plaza III Property Business Improvement District
Preliminary En is Report, City of Palm Desert
Fiscal Year 2001/02
DESCRIPTION OF BUDGET ITEMS
Direct Benefit Costs
Landscape Maintenance Contract—Includes all regularly scheduled labor, material
(e.g. pipe, fertilizer, insecticides), and equipment required to properly maintain and
ensure the satisfactory condition of all landscaping, irrigation and drainage systems,
and appurtenant facilities. All landscaping improvements within the District are
contracted for maintenance and service on a regular basis. The frequency and specific
maintenance and operations required within the District will be determined by City
staff.
Landscape Water—Utility cost to furnish water for required landscape irrigation.
Landscape Electric—Utility cost for furnishing of electricity required for the
operation of the irrigation systems and landscape maintenance.
Landscape Repairs—This item includes repairs that are not normally included in the
yearly maintenance contract costs. This may include repair of damaged amenities due
to vandalism and storms. Also included may be planned upgrades. These upgrades
could include replacing plant materials or renovation of irrigation systems.
Lighting—The furnishing of electricity required for the operation and maintenance of
the lighting facilities. The City contracts for the furnishing of its electricity for street
lighting, which includes normal maintenance and bulb replacement. This cost does not
include repairs or replacement of damaged facilities due to vandalism, accidents or
storms.
Sweeping Services—Weekly cleaning of the parking lot and gutters using a contracted,
mechanized service.
Indirect Benefit Costs (Administration/Reserves)
District Administration—The cost to all departments and staff of the City, for
providing the coordination of District services, operations and maintenance of the
District, response to public concerns and education, and procedures associated with the
levy and collection of assessments. This cost also includes contracting with
professionals to provide additional administrative, legal, or engineering services specific
to the District.
County Administration Fee—This is the actual cost to the District for the County to
collect District assessments on the property tax bills. This charge is based on a flat rate
per fund number.
MuniFinancial Page 9
President's Plaza III Property Business Improvement District
Preliminary End 's Report, City of Palm Desert
Fiscal Year 2001/02
County Per Parcel Fee—This is the cost to the District for the County to collect
assessments on the property tax bills. This charge is on a per assessment basis, at $0.25
per assessment, and is in addition to the County Administration Fee.
Operating Reserve Fund Collection—The Operating Reserve Fund provides for
collection of funds to operate the District, for each fiscal year, from the time period of
July 1 through January when the County provides the City with the first installment
of assessments collected from the property tax bills. The Operating Reserve Fund
eliminates the need for the City to transfer funds from non-District accounts to pay for
District charges during the first half of FY 2002/03 through FY 2005/06. Because the
District is proposed to operate beginning in FY 2001/02, with no assessments collected
in the prior fiscal year (FY 2000/01), the first six months of District operations (in FY
2001/02) will be funded through non-District accounts. Once the District receives the
first installment of assessments from the County of Riverside in January 2002, the non-
District account(s) will be reimbursed.
The Operating Reserve Fund may also be used to off-set any unforeseen costs such as
repairs, legal fees, revenue deficits, or increased costs due to inflation or contractual
agreements that are greater than originally planned. The Operating Reserve Fund
Collection amount is slightly more than forty percent (40%) of the annual Total Direct
Costs of the District in FY 2001/02
Parking Lot Fund—The Parking Lot Maintenance Fund provides funds for the sealing
and re-striping of the parking lot after the fourth year of the term of the District. The
cost of sealing and re-striping totals $29,771.40 (15 cents per square foot multiplied by
198,476 square feet of surface area).
Insurance—This line item supports insurance costs for the operation of the District.
Levy Breakdown
Total District Costs—This is the sum total of all budgeted Direct and Indirect costs.
District Statistics
Total Parcels —The total number of parcels within the District.
Total Parcels to Levy—The total number of parcels within the District that will be
assessed. Non-assessed lots or parcels include easements, common areas, and parcels
within the boundaries of the District that currently do not benefit from the
improvements.
MuniFinancial Page 10
President's Plaza III Property Business Improvement District
Preliminary En is Report, City of Palm Desert
Fiscal Year 2001/02
Total Parcel Square Footage—This is the sum total of the parcel square footage
applied to each parcel within the District.
Levy Rate per Square Foot—This amount represents the Rate being applied to each
parcel's individual lot square footage. The Levy Rate per Square Foot is the result of
dividing the estimated Total District Costs for that year by the sum of the District's
Total Parcel Square Footage. The rate is calculated to three decimal places.
MuniFinancial Page 11
President's Plaza III Property Business Improvement District
Preliminary En! Report, City of Palm Desert
Fiscal Year 2001/02
District Budget
The District Budget shown on the following table (Table 1), lists the estimated costs of
providing the various improvements and services within the District. The costs and the
resulting rates for Fiscal Year 2001/02 through Fiscal Year 2005/06 are based on the
estimated costs to provide the improvements and services for each year, adjusted for
the three percent (3%) inflation factor.
The Advisory Board, appointed by the City Council, will annually review the District
costs and make recommendations for any changes or adjustments to the budget.
Changes to the budget could result in changes to the annual assessment but, the
resulting total assessment may not exceed the maximum rates established in this Report
without first obtaining property owner approval through assessment ballots.
MuniFinancial Page 12
' President's Plaza III Property Business Improvement District
Preliminary End -'s Report, City of Palm Desert
Fiscal Year 2001/02
Table 1. President's Plaza Ill PBID, Estimated Five-Year Budget
Estimated Estimated Estimated Estimated Estimated
Budget Budget Budget Budget Budget
Budget Items 2001/02 2002/03 2003/04 2004/05 2005/06
Direct Costs
Landscape Maintenance $ 3,360 $ 3,461 $ 3,565 $ 3,672 $ 3,782
Landscape Water 720 742 764 787 810
Lighting and Landscape Electric 3,900 4,017 4,138 4,262 4,389
Landscape Repairs 500 515 530 546 563
Sweeping Services 3,120 3,214 3,310 3,409 3,512
Subtotal Direct Costs $ 11,600 $ 11,948 $ 12,306 $ 12,676 $ 13,056
Indirect Costs
District Administration $ 3,000 $ 3,090 $ 3,183 $ 3,278 $ 3,377
County Administration Fee 150 155 159 164 169
County Per Parcel Fee 4 4 4 4 5
1 Operating Reserve Fund 5,000 - - - -
Parking Lot Maintenance 5,955 5,955 5,955 5,955 5,955
Insurance 1,500 1,500 1,500 1,500 1,500
Subtotal Indirect Costs $ 15,609 $ 10,704 $ 10,801 $ 10,901 $ 11,005
Total District Costs $ 27,209 $ 22,652 $ 23,108 $ 23,577 $ 24,061
District Statistics
Total Parcels 16 16 16 16 16
Total Parcels To Levy 16 16 16 16 16
Total Parcel Square Footage 453,956 453,956 453,956 453,956 453,956
Levy Rate Per Square Foot $ 0.060 $ 0.050 $ 0.051 $ 0.052 $ 0.053
Reserve Information (FY 2001/02 only)
Y)
Beginning Reserve Balance $ -
Ending Reserve Balance $ 5,000
Notes:
1. Budgets for FY 2002/03 through FY 2005/06 are increased by the proposed 3% inflation factor.
Sources: City of Palm Desert; MuniFinancial.
MuniFinancial Page 13
President's Plaza III Property Business Improvement District
Preliminary End is Report, City of Palm Desert
Fiscal Year 2001/02
APPENDIX A - DISTRICT BOUNDARY MAP
The boundary map for the District is on the following page and is inclusive of all parcels
identified on the County of Riverside Assessor's Parcel Map Book 627, Page 192.
MuniFinancial Page 14
SHEET 1 OF 2
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HWY. 111 d RECORDED IN THE OFFICE OF THE CITY CLERK. THIS 200_ DAY OF
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�� RECORDED IN THE OFFICE OF THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER,CITY
OF PALM DESERT,THIS DAY OF 200�
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4- MESA
*� VIEW DR. PROJECT DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SITE ORIGINAL PARCELS CITY OF PALM DESERT
p MAP ASSESSOR'S
N.T.S. REF. NO. PARCEL NO. I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARY OF THE
1 627-192-014 PRESIDENT'S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT DISTRICT,CITY OF
2 627-192-040 PALM DESERT,COUNTY OF RIVERSIDE,STATE OF CALIFORNIA,WAS APPROVED BY THE
627-192-020 CITY OF PALM DESERT CITY COUNCIL AT A REGULAR MEETING THEREOF,HELD ON THE
,2' 3DAY OF 200 BY ITS RESOLUTION NO.
4 627-192-021
5 627-192-022
6 627-192-023
7 627-192-024 CITY CLERK
VICINITY MAP 9 627-192-033 CITY OF PALM DESERT
9 627-192-009 FILED THIS DAY OF .200_AT THE HOUR OF
10 627-192-039
11 627-192-006 O'CLOCK .M.,IN BOOK OF MAPS OF ASSESSMENT
AND COMMUNITY FACILITIES DISTRICTS AT PAGE(S) AND AS INSTRUMENT NO.
12 627-192-038 -IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE.
13 627-192-035 STATE OF CALIFORNIA.
14 627-192-034
15 627-192-037 FEE: __ INST.NO.:
16 627-192-036 GARY L. ORSO ASSESSOR.CLERK-COUNTY RECORDER
17 627-192-042(Portion)
BY DEPUTY,
COUNTY RECORDER
COUNTY OF RIVERSIDE
THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ON THIS DIAGRAM SHALL BE THOSE
LINES AND DIMENSIONS AS SHOWN ON THE RIVERSIDE COUNTY ASSESSOR MAPS FOR THOSE PARCELS
LISTED.
THE RIVERSIDE COUNTY ASSESSOR'S MAPS SHALL GOVERN FOR ALL DETAILS CONCERNING THE
LINES AND DIMENSIONS OF SUCH LOTS OR PARCELS.
•
Muni Financial PROPOSED BOUNDARY MAP OF
A WILLDAN COMPANY
°• 28785 Single Oak Drive PRESIDENT'S PLAZA III PROPERTY AND BUSINESS
Suite 200 IMPROVEMENT DISTRICT
Temecula, California 92590-3661
Phone (909) 699-3990 Fax (909) 699-3460 CITY OF PALM DESERT
R.0 Christopher R. Wuerz
COUNTY OF RIVERSIDE
R.C.E. ,y50556
STATE OF CALIFORNIA
1210023-0000-12 (01-025) APRIL 2001
SHEET 2 OF 2
STATE HWY 111
ti
PALM DESERT DR.
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lammiiieRgo PROPOSED DISTRICT BOUNDARY
OMAP REFERENCE NUMBER
Wm% MuniFinancial PROPOSED BOUNDARY MAP OF
o.• A WILLDAN COMPANY PRESIDENT'S PLAZA III PROPERTY AND BUSINESS
26765 Single 0°k Drive Suite 200 IMPROVEMENT DISTRICT
Temecula. California 92590-3661
Phone (909) 699-3990 Fax (909) 699-3460
Bo' ao' 0' 60' CITY OF PALM DESERT
�— COUNTY OF RIVERSIDE
SCALE: I"= 60 STATE OF CALIFORNIA
1210023-0000-12 (01-025) APRIL 2001
•
President's Plaza III Property Business Improvement District
Preliminary End is Report, City of Palm Desert
Fiscal Year 2001/02
APPENDIX B - DISTRICT ASSESSMENT ROLL
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on
the County Assessor's Map for the year in which this Report is prepared.
A listing of parcels assessed within this District, along with the assessment amounts, is
included on the following page.
MuniFinancial Page 16
President's Plaza III Property Business Improvement District
Preliminary Ent is Report, City of Palm Desert
Fiscal Year 2001/02
Table 2. President's Plaza III PBID Proposed Levy Information
Maximum Maximum
Lot Size Proposed Proposed
APN Situs Address Property Owner (sq ft) Levy Rate Assessment
627-192-006 73185 US Highway 111 Darmon Real Estate Investment Inc 11,000 0.060 $ 659.32
627-192-009 73211 US Highway 111 Darmon Real Estate Investment Inc 10,933 0.060 655.30
627-192-014 73100 El Paseo El Paseo Collection North 33,940 0.060 2,034.28
627-192-020 73160 El Paseo Rural Stores Inc 11,980 0.060 718.06
627-192-021 73170 El Paseo Linder David&Barbara 11,958 0.060 716.74
627-192-022 73180 El Paseo W Ray Henderson Md Inc 11,936 0.060 715.42
627-192-023 73190 El Paseo Lyons Gary W 11,814 0.060 708.10
627-192-024 73200 El Paseo Karno Norton S 35,741 0.060 2,142.22
627-192-033 73241 US Highway 111 Center Associates 43,560 0.060 2,610.88
627-192-034 73101 US Highway 111 Just Llc 45,738 0.060 2,741.42
627-192-035 73125 US Highway 111 Brown Chantal Et Al 46,173 0.060 2,767.50
627-192-036 73040 El Paseo Cotter James F 17,424 0.060 1,044.36
627-192-037 73080 El Paseo El Paseo Collection North 34,848 0.060 2,088.70
627-192-038 73155 US Highway 111 Fairfield Home Inc 44,431 0.060 2,663.08
627-192-039 73195 US Highway 111 Darmon Real Estate Investment Inc 21,932 0.060 1,314.54
627-192-040 73130 El Paseo Langman David Langman Airline 60,548 0.060 3,629.10
Total 453,956 $ 27,209
Sources:County of Riverside Assessor's Office;MuniFinancial.
MuniFinancial Page 17
r
CITY OF PALM DESERT
PRELIMINARY MANAGEMENT DISTRICT PLAN
PRESIDENT'S PLAZA III PROPERTY AND
BUSINESS IMPROVEMENT DISTRICT
FISCAL YEAR 2001/02
®-�%Mun iFinancial
agA WILLDAN COMPANY
Corporate Office Regional Offices
28765 Single Oak Drive ♦ Jacksonville, FL
Suite 200 ♦ Kansas City, MO
Temecula, CA 92590 ♦ Oakland, CA
Tel: (909) 699-3990 ♦ Phoenix, AZ
Tel: (800) 755-MUNI (6864) ♦ Sacramento, CA
Fax: (909) 699-3460 ♦ Seattle, WA
www.muni.com ♦ Washington, DC
♦ Whittier, CA
TABLE OF CONTENTS
OVERVIEW 1
Introduction 1
District Formation Process 2
DESCRIPTION OF THE DISTRICT 3
Description of the District Boundary 3
Description of the Improvements and Activities 3
Special Benefits of the Improvements and Activities 4
METHOD OF APPORTIONMENT 6
Method of Apportionment Rationale 6
Method of Apportionment Calculations 6
DESCRIPTION OF BUDGET ITEMS 9
District Budget 12
APPENDIX A — DISTRICT BOUNDARY MAP 14
APPENDIX B — DISTRICT ASSESSMENT ROLL 16
President's Plaza III Property ' —'usiness Improvement District
Management -ict Plan, City of Palm Desert
Fiscal Year 2001/02
OVERVIEW
Introduction
The City of Palm Desert ("City") proposes to establish the President's Plaza III
Property and Business Improvement District ("District"). The purpose of the District
is to provide the annual operation and maintenance of certain improvements that
confer special benefits upon real property within the boundaries of the District.
The District is proposed to have a maximum term of five years beginning in Fiscal
Year 2001/02 and ending in Fiscal Year 2005/06. Once the term of the District has
expired, the property owners within the District have the ability to renew the District
up to another five-year term as provided by California law.
The City of Palm Desert Redevelopment Agency ("Agency") currently is in the
process of installing and constructing various improvements to the private parking lot
included within the boundaries of the proposed District. The installation and
construction of the improvements will be fully funded by the Agency. The annual
operation and maintenance of these improvements are proposed to be funded through
District assessments. The assessments are proposed to be levied on the District parcels
that benefit from the annual operation and maintenance of these improvements.
The District is proposed to be established and levied pursuant to the Property and
Business Improvement District Law of 1994, Part 7 of Division 18 of the California Streets
and Highways Code ("Act"). Pursuant to the Act, property owners within the District
must submit a signed petition requesting formation of the District. The District can be
formed, and a maximum assessment approved, by the property owners through an
assessment ballot proceeding, conducted according to provisions of the California
Constitution Article XIIID ("Proposition 218"). Pursuant to the Act, the Council may
propose to annually levy and collect assessments to provide funding for improvements
and activities authorized within the District for a period of five years (Fiscal Years
2001/02 through 2005/2006).
This Management District Plan ("Plan") describes the proposed District, improvements
and activities, method of apportionment, boundaries of the District, the proposed
budgets, and the maximum assessment to be approved for the five-year duration of the
District. The proposed assessments are based on the estimated cost to provide the
improvements, activities, and operation that provide a direct and special benefit to
properties within the District. The costs of improvements, activities, and operation
include all expenditures, deficits, surpluses, revenues, and reserves.
The word "property," for the purposes of this Plan, refers to real property situated
within the District, and identified as an individual property or parcel assigned its own
Assessment Number by the County of Riverside Assessor's Office. The County of
MuniFinancial Page 1
President's Plaza III Property iusiness Improvement District
Managemeni rict Plan, City of Palm Desert
Fiscal Year 2001/02
Riverside Auditor/Controller uses Assessment Numbers to identify, on the tax roll,
parcels and properties assessed for special district benefit assessments.
District Formation Process
A written petition of the property owners within the District, representing more than
50 percent of the proposed District assessment to be levied, is required in order to
initiate formation proceedings. The City Council may initiate proceedings for the
formation of the District by adopting a resolution expressing its intention to form the
District. The resolution of intention contains the original Management District Plan
and the time and place of a public hearing on the establishment of the District and levy
of assessments.
Within 90 days of adopting the resolution of intention, the City Council may hold a
public meeting and public hearing on the matter, and cause notice to the property
owners pursuant to Section 54954.6 of the Government Code. Public notices and
assessment ballots (property owner protest ballots) may be mailed to each property
owner at least 45 days prior to the public hearing pursuant to Article XIIID of the
California Constitution.
At the public hearing, the City Council will provide the public and property owners
an opportunity to provide oral protests and written protests prior to the adoption of
the Management District Plan. Pursuant to the California Constitution Article XIIID,
the City Council will tabulate property owner assessment ballots received from
property owners to determine whether majority protest exists. If it is determined and
declared by resolution that majority protest does not exist and the property owners
confirm and approve the assessments, the District may be formed.
Pursuant to the Act, the City Council shall appoint an Advisory Board for the
District. This Advisory Board shall make recommendations to the City Council on the
expenditures of revenue derived from the levy of assessments and on the classification
of properties as applicable. At least one member of the Advisory Board shall be a
business licensee within the District who is not a property owner within the District.
This Advisory Board shall cause to be prepared a report each fiscal year for which
assessments are to be levied and collected. Said annual report shall be filed with the
City Clerk and shall contain: any proposed changes to the district boundary; the
improvements and activities to be provided that year; the estimated costs for that year;
the method of assessment; the amount of any surplus or deficit; and contributions
from other sources. The City Council may approve the report as submitted or as
modified.
MuniFinancial Page 2
President's Plaza III Property ' lusiness Improvement District
Management rict Plan, City of Palm Desert
Fiscal Year 2001/02
DESCRIPTION OF THE DISTRICT
Description of the District Boundary
The District consists of all parcels located in the commercial business area known as
the President's Plaza III within the City of Palm Desert, County of Riverside. The
District includes sixteen (16) assessed commercial parcels.
The boundary of the District and the parcels therein are generally located South of
Palm Desert Drive at Highway 111; North of El Paseo; West of Sage Lane; and East of
Old Highway 74, and includes the Palm Desert Parking Lot - lease parcel to the City
of Palm Desert located South of Highway 111; East of New Highway 74; and West of
Old Highway 74.
Description of the Improvements and Activities
In an effort to enhance and improve business opportunities and the appearance of the
area known as the President's Plaza III, the Agency currently is providing funds for the
renovation and capital improvement of the parking lot and landscaped areas related to
this commercial business center. In conjunction with this renovation, President's Plaza
III Property and Business Improvement District is proposed to be formed to provide
and ensure the continued operation and maintenance of the improvements after the
renovations have been completed.
All the properties within the District receive special and distinct benefits from the
improvements and activities to be funded through the assessments. The improvements
include all necessary activities, services, operation, administration, and maintenance
required to keep the improvements in satisfactory condition including all necessary
labor, material, and equipment. The services may include, but are not limited to,
regular maintenance, repair, removal or replacement of all or any part of the
improvements including removal of trimmings, rubbish, debris and other solid waste;
and, providing for the growth, health and beauty of landscaping and lighting including
cultivation, trimming, spraying, fertilizing or treating for disease or damage as well as
supplying necessary irrigation and electrical energy. The specific improvements and
activities include:
• Parking lot landscaped areas — including but not limited to: ground cover, shrubs,
trees, plants, irrigation and drainage systems and associated appurtenant facilities,
and,
• Parking lot lighting facilities — including but not limited to: bulbs, fixtures, poles,
wiring, and electrical energy, and,
MuniFinancial Page 3
President's Plaza III Property 3usiness Improvement District
Mana emeni rict Plan, City rY of Palm Desert
Fiscal Year 2001/02
• Debris removal — including but not limited to: regular mechanical sweeping of the
parking lot.
The costs associated with the improvements are equitably spread among all benefiting
parcels within the District utilizing the method of apportionment described in Section
III of this Report. The total funds collected shall be dispersed and used for only the
services and operations provided to the District.
Special Benefits of the Improvements and Activities
P P
All assessed properties within the District receive special benefits from one or more of
the improvements and activities funded through the District assessments. Specifically,
lighting and landscaping amenities within the parking lot, and regular sweeping of the
parking lot.
The special benefits of lighting (parking lot lights) are the convenience, safety, and
security of property, improvements, and goods. Specifically:
1. Enhanced deterrence of crime and the aid to police protection;
2. Increased nighttime safety for patrons and employees;
3. Improved visibility for pedestrians and motorists;
4. Improved ingress and egress to property;
5. Reduced vandalism and other criminal acts and damage to improvements or
property;
6. Enhanced aesthetic appeal of the parkingarea and the properties that are associated
PP P P
with the parking area;
7. Increased promotion of business activities and opportunities during nighttime
hours; and,
8. The special enhancement to the value of property which results from the above
benefits.
The benefits associated with landscaped islands and medians within the parking lot are
specifically:
1. Improved aesthetic appeal of the parking area and nearby parcels;
2. Improved dust control;
3. Enhanced adaptation of the urban environment within the natural environment;
4. Improved traffic circulation;
5. A positive representation of the businesses within the District;
6. Centralized locations for refuse collection facilities; and,
MuniFinancial Page 4
President's Plaza III Property iusiness Improvement District
Managemeni rict Plan, City of Palm Desert
Fiscal Year 2001/02
7. The special enhancement to the value of property which results from the above
benefits.
Parking lot sweeping is an essential and necessary activity for all properties—
particularly commercial properties. This improvement is funded through the
assessments solely for the special benefit of properties within the District. The benefits
associated with this service is:
1. Enhanced aesthetic appeal of the parking area and the properties that are associated
with the parking area;
2. Improved dust control;
3. The special enhancement to the value of property which results from the above
benefits.
The on-going operation and maintenance of the landscaping, lighting and sweeping
improvements provide no measurable general benefit to other properties outside the
District or to the public at large. Therefore, these improvements and the
corresponding assessments have been identified as 100% special benefit to parcels
within the District.
MuniFinancial Page 5
'
Presidents Plaza III Property iusiness Improvement District
Management rict Plan, City of Palm Desert
Fiscal Year 2001/02
METHOD OF APPORTIONMENT
Method of Apportionment Rationale
The costs of the District improvements have each been apportioned by a formula and
method which fairly distributes the net amount to be assessed among all assessed
parcels in proportion to the estimated special benefits to be received by each parcel
from the improvements.
Parking Lot Improvements and Services
All assessed parcels within the President's Plaza III PBID have use of, and access to, a
centralized parking facility (lot) that provides access, parking, and delivery areas for the
businesses and parcels within the District. Because the parking area is a centralized
facility used and accessed by all properties within the District, each parcel's benefit is
based on the size of such parcel. Therefore, it has been determined that a fair and
reasonable reflection of each parcel's benefit for the parking lot improvements shall be
based on the approximate size, in square feet, of each parcel.
Method of Apportionment Calculations
The Total Direct Costs of the parking lot improvements and services are apportioned
to each parcel within the District based on each parcel's lot size in square feet. In
addition to a parcel's Total Direct Cost, each parcel is assessed for District
administration expenses and a reserve fund collection (Indirect Costs). The Indirect
Costs for each parcel have been apportioned in the same manner as Total Direct Costs.
Therefore, each parcel's Total Annual Assessment is the sum of its proportionate share
of the Total Direct Costs and Total Indirect Costs.
Apportionment of Direct Costs
The Total Direct Costs estimated for parking lot improvements and services
(maintenance) is based on the estimated annual costs to maintain the landscaping,
lighting, and mechanical sweeping of the parking lot within President's Plaza III. This
Total Direct Cost, divided by the sum of the square footage of all parcels within the
District, establishes a rate per parcel square foot. This rate multiplied by each parcel's
square footage equals the parcel's proportionate share of the parking lot maintenance
costs (rounded to the nearest even penny). The rate provided below is for Fiscal Year
2001/02 only. Please refer to the District Budget (Table 1) for future assessment rates.
MuniFinancial Page 6
President's Plaza III Property 3usiness Improvement District
Managemen, rict Plan, City of Palm Desert
Fiscal Year 2001/02
Total Direct Cost/Total Square Footage = Rate per Square Foot
Rate x Parcel Square Footage = Direct Cost Assessment Component
Proposed
Direct Rate
Costs (per sq ft)
First Fiscal Year $11,600 $0.026
Apportionment of Indirect (A mini stration/Reserve) Costs
To ensure the improvements, activities, and services provided and funded through the
District are continued, each parcel will be assessed for administrative and reserve costs
(Indirect Costs). These Indirect Costs include all expenses related to the administration
of the District as well as the collection of money towards a Reserve Fund. The Reserve
Fund Collection is proposed to be slightly over forty percent (40%) of the annual Total
Direct Costs of the District.
Similar to the method of apportionment for Total Direct Costs, the District's indirect
costs are apportioned to each parcel based on each parcel's lot size in square feet. The
rate provided below is for Fiscal Year 2001/02 only. Please refer to the District Budget
(Table 1) for future assessment rates.
Total Indirect Cost/Total Square Footage = Rate per Square Foot
Rate x Parcel Square Footage = Indirect Cost Assessment Component
Proposed
Indirect Rate
Costs
(per
sq ft)
First Fiscal Year $15,609 $0.034
MuniFinancial Page 7
f
President's Plaza III Property ;usiness Improvement District
Management rict Plan, City of Palm Desert
Fiscal Year 2001/02
Total Annual Assessment
Each parcel's Total Annual Assessment is the sum of their proportionate share of the
Direct Costs and Indirect Costs. The preceding description of the method of
apportionment outlines the estimated cost and rates applied for the District in the first
fiscal year of existence (FY 2001/01). The rate provided below is for Fiscal Year
2001/02 only. Please refer to the District Budget (Table 1) for future assessment rates.
Direct Cost Rate + Indirect Cost Rate = Total Rate per Square Foot
Proposed
FY 01/02
Rate (sq ft)
Direct Cost Rate $ 0.026
Indirect Cost Rate 0.034
Total Assessment Rate $ 0.060
Annual Budget Adjustments
For the initial five years of the PBID, annual assessments may be adjusted by the
President's Plaza III PBID Advisory Board up to three percent (3%) per year. Actual
annual adjustments may range from zero percent (0%) to three percent (3%).
Adjustments may differ from year to year depending on the service needs identified by
the Advisory Board. In any event, assessments will not exceed the levels illustrated by
the District Budget (Table 1).
Any annual budget surplus or deficit will be accrued into the following year's PBID
budget. Assessments will be set accordingly, within the constraints of the annual
adjustment, to adjust for surpluses or deficits that are carried forward.
MuniFinancial Page 8
President's Plaza III Property 3usiness Improvement District
Managemem rict Plan, City of Palm Desert
Fiscal Year 2001/02
DESCRIPTION OF BUDGET ITEMS
Direct Benefit Costs
Landscape Maintenance Contract—Includes all regularly scheduled labor, material
(e.g. pipe, fertilizer, insecticides), and equipment required to properly maintain and
ensure the satisfactory condition of all landscaping, irrigation and drainage systems,
and appurtenant facilities. All landscaping improvements within the District are
contracted for maintenance and service on a regular basis. The frequency and specific
maintenance and operations required within the District will be determined by City
staff.
Landscape Water—Utility cost to furnish water for required landscape irrigation.
Landscape Electric—Utility cost for furnishing of electricity required for the operation
of the irrigation systems and landscape maintenance.
Landscape Repairs—This item includes repairs that are not normally included in the
yearly maintenance contract costs. This may include repair of damaged amenities due
to vandalism and storms. Also included may be planned upgrades. These upgrades
could include replacing plant materials or renovation of irrigation systems.
Lighting—The furnishing of electricity required for the operation and maintenance of
the lighting facilities. The City contracts for the furnishing of its electricity for street
lighting, which includes normal maintenance and bulb replacement. This cost does not
include repairs or replacement of damaged facilities due to vandalism, accidents or
storms.
Sweeping Services—Weekly cleaning of the parking lot and gutters using a contracted,
mechanized service.
Indirect Benefit Costs (Administration/Reserves)
District Administration—The cost to all departments and staff of the City, for
providing the coordination of District services, operations and maintenance of the
District, response to public concerns and education, and procedures associated with the
levy and collection of assessments. This cost also includes contracting with
professionals to provide additional administrative, legal, or engineering services specific
to the District.
County Administration Fee—This is the actual cost to the District for the County to
collect District assessments on the property tax bills. This charge is based on a flat rate
per fund number.
MuniFinancial Page 9
President's Plaza III Property business Improvement District
Managemen rict Plan, City of Palm Desert
Fiscal Year 2001/02
County Per Parcel Fee—This is the cost to the District for the County to collect
assessments on the property tax bills. This charge is on a per assessment basis, at $0.25
per assessment, and is in addition to the County Administration Fee.
Operating Reserve Fund Collection—The Operating Reserve Fund provides for
collection of funds to operate the District, for each fiscal year, from the time period of
July 1 through January when the County provides the City with the first installment
of assessments collected from the property tax bills. The Operating Reserve Fund
eliminates the need for the City to transfer funds from non-District accounts to pay for
District charges during the first half of FY 2002/03 through FY 2005/06. Because the
District is proposed to operate beginning in FY 2001/02, with no assessments collected
in the prior fiscal year (FY 2000/01), the first six months of District operations (in FY
2001/02) will be funded through non-District accounts. Once the District receives the
first installment of assessments from the County of Riverside in January 2002, the non-
District account(s) will be reimbursed.
The Operating Reserve Fund may also be used to off-set any unforeseen costs such as
repairs, legal fees, revenue deficits, or increased costs due to inflation or contractual
agreements that are greater than originally planned. The Operating Reserve Fund
Collection amount is slightly more than forty percent (40%) of the annual Total Direct
Costs of the District in FY 2001/02
Parking Lot Fund—The Parking Lot Maintenance Fund provides funds for the sealing
and re-striping of the parking lot after the fourth year of the term of the District. The
cost of sealing and re-striping totals $29,771.40 (15 cents per square foot multiplied by
198,476 square feet of surface area).
Insurance—This line item supports insurance costs for the operation of the District.
Levy Breakdown
Total District Costs—This is the sum total of all budgeted Direct and Indirect costs.
District Statistics
Total Parcels —The total number of parcels within the District.
Total Parcels to Levy—The total number of parcels within the District that will be
assessed. Non-assessed lots or parcels include easements, common areas, and parcels
within the boundaries of the District that currently do not benefit from the
improvements.
MuniFinancial Page 10
Presidents Plaza III Property iusiness Improvement District
Management rict Plan, City of Palm Desert
Fiscal Year 2001/02
Total Parcel Square Footage—This is the sum total of the parcel square footage applied
to each parcel within the District.
Levy Rate per Square Foot—This amount represents the Rate being applied to each
parcel's individual lot square footage. The Levy Rate per Square Foot is the result of
dividing the estimated Total District Costs for that year by the sum of the District's
Total Parcel Square Footage. The rate is calculated to three decimal places.
MuniFinancial Page 11
President's Plaza III Property 3usiness Improvement District
Managemen 'rict Plan, City of Palm Desert
Fiscal Year 2001/02
District Budget
The District Budget shown on the following table (Table 1), lists the estimated costs of
providing the various improvements and services within the District. The costs and the
resulting rates for Fiscal Year 2001/02 through Fiscal Year 2005/06 are based on the
estimated costs to provide the improvements and services for each year, adjusted for
the three percent (3%) inflation factor.
The Advisory Board, appointed by the City Council, will annually review the District
costs and make recommendations for any changes or adjustments to the budget.
Changes to the budget could result in changes to the annual assessment but, the
resulting total assessment may not exceed the maximum rates established in this Report
without first obtaining property owner approval through assessment ballots.
MuniFinancial Page 12
1
President's Plaza III Property 9usiness Improvement District
Managemen 'rict Plan, City of Palm Desert
Fiscal Year 2001/02
Table 1. President's Plaza Ill PBID, Estimated Five-Year Budget
Estimated Estimated Estimated Estimated Estimated
Budget Budget Budget Budget Budget
Budget Items 2001/02 2002/03 2003/04 2004/05 2005/06
Direct Costs
Landscape Maintenance $ 3,360 $ 3,461 $ 3,565 $ 3,672 $ 3,782
Landscape Water 720 742 764 787 810
Lighting and Landscape Electric 3,900 4,017 4,138 4,262 4,389
Landscape Repairs 500 515 530 546 563
Sweeping Services 3,120 3,214 3,310 3,409 3,512
Subtotal Direct Costs $ 11,600 $ 11,948 $ 12,306 $ 12,676 $ 13,056
Indirect Costs
District Administration $ 3,000 $ 3,090 $ 3,183 $ 3,278 $ 3,377
County Administration Fee 150 155 159 164 169
County Per Parcel Fee 4 4 4 4 5
Operating Reserve Fund 5,000 - - - -
Parking Lot Maintenance 5,955 5,955 5,955 5,955 5,955
Insurance 1,500 1,500 1,500 1,500 1,500
Subtotal Indirect Costs $ 15,609 $ 10,704 $ 10,801 $ 10,901 $ 11,005
Total District Costs $ 27,209 $ 22,652 $ 23,108 $ 23,577 $ 24,061
District Statistics
Total Parcels 16 16 16 16 16
Total Parcels To Levy 16 16 16 16 16
Total Parcel Square Footage 453,956 453,956 453,956 453,956 453,956
Levy Rate Per Square Foot $ 0.060 $ 0.050 $ 0.051 $ 0.052 $ 0.053
Reserve Information (FY 2001/02 only)
Beginning Reserve Balance $ -
Ending Reserve Balance $ 5,000
Notes:
1. Budgets for FY 2002/03 through FY 2005/06 are increased by the proposed 3% inflation factor.
Sources: City of Palm Desert; MuniFinancial.
MuniFinancial Page 13
President's Plaza III Property 9usiness Improvement District
Managemen 'rict Plan, City of Palm Desert
Fiscal Year 2001/02
APPENDIX A - DISTRICT BOUNDARY MAP
The boundary map for the District is on the following page and is inclusive of all parcels
identified on the County of Riverside Assessor's Parcel Map Book 627, Page 192.
MuniFinancial Page 14
SHEET 1 OF 2
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HWY. 111 CL RECORDED IN THE OFFICE OF THE CITY CLERK, THIS 200_ DAY OF
Illy-
EL
PASEO ,4. CITY CLERK
\ CITY OF PALM DESERT
� RECORDED IN THE OFFICE OF THE DIRECTOR OF PUBUC WORKS/CITY ENGINEER,CITY
OF PALM DESERT, THIS DAY OF 200�
MESA
Kry VIEW DR. PROJECT DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SITEORIGINAL PARCELS CITY OF PALM DESERT
V. MAP ASSESSOR'S
N.T.S. REF.NO. PARCEL NO. I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARY OF THE
1 627-192-014 PRESIDENTS PLAZA III PROPERTY AND BUSINESS IMPROVEMENT DISTRICT.CITY OF
2 627-192-040 PALM DESERT,COUNTY OF RIVERSIDE.STATE OF CAUFORNIA,WAS APPROVED BY THE
627-192-020 CITY OF PALM DESERT CITY COUNCIL AT A REGULAR MEETING THEREOF,HELD ON THE
-.2' 3 _DAY OF 200 ,BY ITS RESOLUTION NO.
4 627-192-021
5 627-192-022
6 627-192-023
7 627-192-024 CITY CLERK
VICINITY MAP 8 627-192-033CITY OF PALM DESERT
9 627-192-00909 FILED THIS DAY OF ,200_ AT THE HOUR OF
10 627-192-039
O'CLOCK .M.,IN BOOK OF MAPS OF ASSESSMENT
11 627-192-0,36 AND COMMUNITY FACILITIES DISTRICTS AT PAGE(S) AND AS INSTRUMENT NO.
12 627-192-038 IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE,
13 627-192-035 STATE OF CALIFORNIA.
14 627-192-034
15 627-192-037 FEE: ____ INST.NO.:
16 627-192-036 GARY L.ORSO ASSESSOR.CLERK-COUNTY RECORDER
17 627-192-042(Portion)
BY DEPUTY,
COUNTY RECORDER
COUNTY OF RIVERSIDE
THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ON THIS DIAGRAM SHALL BE THOSE 0
LINES AND DIMENSIONS AS SHOWN ON THE RIVERSIDE COUNTY ASSESSOR MAPS FOR THOSE PARCELS
LISTED.
THE RIVERSIDE COUNTY ASSESSOR'S MAPS SHALL GOVERN FOR ALL DETAILS CONCERNING THE
LINES AND DIMENSIONS OF SUCH LOTS OR PARCELS.
•
;f4. MuniFinancial PROPOSED BOUNDARY MAP OF
A WILLDAN COMPANY
'�' 28765 Single Oak Drive PRESIDENT'S PLAZA III PROPERTY AND BUSINESS
Suite 200 IMPROVEMENT DISTRICT
Temecula, California 92590-3881
Phone (909) 899-3990 Fax (909) 899-3480 CITY OF PALM DESERT
Christopher R. Wner: COUNTY OF RIVERSIDE
R.C.E. M50558 STATE OF CALIFORNIA
1210023-0000-12 (01-025) APRIL 2001
.
SHEET 2 OF 2
STATE HWY 111
ti
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i
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LEGEND
imimi PROPOSED DISTRICT BOUNDARY /�
i
Oj MAP REFERENCE NUMBER N'
WO MuniFinancial PROPOSED BOUNDARY MAP OF
''/..� A WILLDAN COMPANY
°� A2 WI65 Single Oak Drive PRESIDENT'S PLAZA III PROPERTY AND BUSINESS
Suite 200 IMPROVEMENT DISTRICT
Temecula. California 92590-3661
Phone (909) 699-3990 Fax (909) 699-3460 CITY OF PALM DESERT
80 40' 0' MU'
--le COUNTY OF RIVERSIDE
50ALL . NO. STATE OF CALIFORNIA
1210023-0000-12 (01-025) APRIL 2001
x .
President's Plaza III Property 3usiness Improvement District
Managemen rict Plan, City of Palm Desert
Fiscal Year 2001/02
APPENDIX B - DISTRICT ASSESSMENT ROLL
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on
the CountyAssessor's Mapfor theyear in which this Report is prepared.
P
A listing of parcels assessed within this District, alongwith the assessment amounts, is
included on the following page.
MuniFinancial Page 16
r a
President's Plaza III Property Business Improvement District
Managemen trict Plan, City of Palm Desert
Fiscal Year 2001/02
Table 2. President's Plaza III PBID Proposed Levy Information
Maximum Maximum
Lot Size Proposed Proposed
APN Situs Address Property Owner (sq ft) Levy Rate Assessment
627-192-006 73185 US Highway 111 Darmon Real Estate Investment Inc 11,000 0.060 $ 659.32
627-192-009 73211 US Highway 111 Darmon Real Estate Investment Inc 10,933 0.060 655.30
627-192-014 73100 El Paseo El Paseo Collection North 33,940 0.060 2,034.28
627-192-020 73160 El Paseo Rural Stores Inc 11,980 0.060 718.06
627-192-021 73170 El Paseo Linder David&Barbara 11,958 0.060 716.74
627-192-022 73180 El Paseo W Ray Henderson Md Inc 11,936 0.060 715.42
627-192-023 73190 El Paseo Lyons Gary W 11,814 0.060 708.10
627-192-024 73200 El Paseo Karno Norton S 35,741 0.060 2,142.22
627-192-033 73241 US Highway 111 Center Associates 43,560 0.060 2,610.88
627-192-034 73101 US Highway 111 Just Llc 45,738 0.060 2,741.42
627-192-035 73125 US Highway 111 Brown Chantal Et Al 46,173 0.060 2,767.50
627-192-036 73040 El Paseo Cotter James F 17,424 0.060 1,044.36
627-192-037 73080 El Paseo El Paseo Collection North 34,848 0.060 2,088.70
627-192-038 73155 US Highway 111 Fairfield Home Inc 44,431 0.060 2,663.08
627-192-039 73195 US Highway 111 Darmon Real Estate Investment Inc 21,932 0.060 1,314.54
627-192-040 73130 El Paseo Langman David Langman Airline 60,548 0.060 3,629.10
Total 453,956 $ 27,209
Sources:County of Riverside Assessor's Office;MuniFinancial.
MuniFinancial Page 17
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