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HomeMy WebLinkAboutCC RES 2020-41RESOLUTION NO. 2020 - 41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING THE CITY'S INTENTION TO FORM THE PRESIDENT'S PLAZA BUSINESS IMPROVEMENT DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS THEREIN, AND CALLING FOR AN ASSESSMENT BALLOT PROCEEDING TO SUBMIT TO THE QUALIFIED PROPERTY OWNERS WITHIN SUCH DISTRICT THE QUESTION OF LEVYING ASSESSMENTS FOR SUCH DISTRICT, COMMENCING FISCAL YEAR 2020/2021 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 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 and Engineer's Report for said District, WHEREAS, a Management District Plan and Engineer's Report (combined Report) regarding the formation of the District and establishment of assessments has been prepared and filed with the City Clerk in accordance with the Act and the California Constitution, Article XIIID, and said Report has been presented to the City Council and is incorporated herein by reference, and WHEREAS, the City Council has, by previous resolution, approved the combined Management District Plan and Engineer's Report, which contain a full and detailed description of the improvements and services, the boundaries of the District, the estimated costs of improvements and services, and the proposed assessments upon assessable Tots and parcels within the District; NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS: Section 1. The above recitals are true and correct. Section 2. The City Council hereby declares its intention to form/renew the District for a period of two years and to levy and collect assessments within the District, pursuant to the Act, to pay the annual costs of the services and improvements, as described in the Management District Plan and Engineer's Report. The City Council has determined at this time to call for an assessment ballot proceeding. Section 3. Calling an assessment ballot proceeding: Pursuant to California Constitution Article XIIID, an assessment ballot proceeding is hereby called on behalf of the District on the matter of establishing assessments for a two-year term on the properties within the District. Section 4. The assessment ballot proceeding for the District on the matter of authorizing the levy of the assessments, pursuant to California Constitution, Article XIIID, Section 4 consists of a ballot, included with the mailed notice required by Government Code Section 54954.6, 5 RESOLUTION NO. 2020-41 distributed by mail, to the property owners of record within the District as of the close of the Intent Meeting. Each property owner may return the ballot by mail or in person to the City Clerk not later than the conclusion of the Public Hearing on July 9, 2020. The Public Hearing is scheduled to begin on Thursday, July 9, 2020, at 4:00 p.m., at the City Council Chambers, 73- 510 Fred Waring Drive, Palm Desert, or by other methods so published. At the close of the Public Hearing, the City shall open and tabulate the ballots to determine if a majority protest exits. The ballots shall be weighted according to the proportional financial obligation of the affected property. A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. Section 5. District Boundaries: The territory of the District is located South of Palm Desert Drive at Highway 111; North of El Paseo; West of Portola Avenue; and East of Larkspur Lane as described in the Management District Plan and Engineer's Report, which are incorporated herein by reference. The District is designated as "President's Plaza Property and Business Improvement District." Section 6. Description of Services and Improvements: The improvements and activities within the District include: maintenance of parking lot landscaped areas, maintenance and operation of parking lot lighting facilities, debris removal, and maintenance of parking lot surface areas; and are more specifically described in the Management Plan and Engineer's Report attached hereto and incorporated herein by reference. Section 7. Proposed Assessment Amounts: The proposed assessments are detailed in the Management Plan and Engineer's Report, which also detail the assessment range formula. Section 8. Notice of Public Hearina(s): The City Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments for the District in accordance with Government Code, Section 54954.6 and California Constitution, Article XIIID, Section 4(e). Notice is hereby given that a Public Hearing on these July 9, 2020 at 4:00 P.M., in the City Council Chambers, located at 73-510 Fred Waring Drive, Palm Desert, or by other methods so published. Section 9. Notice. Property owners will be provided an assessment ballot and notice of the public hearing at least 45 days prior to the public hearing. Completed ballots must be received by the City Clerk prior to the conclusion of the Public Hearing, after which they will be opened and tabulated. In addition to the ballots, District property owners may file a written protest regarding the District formation with the City Clerk prior to the conclusion of the hearing, or, having previously filed a protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and a protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the public hearing, all interested persons shall be afforded the opportunity to hear and be heard. Section 10. The City Clerk is hereby authorized and directed to give notice of such hearing as provided by law. 6 RESOLUTION NO..2020-41 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 30th day of April, 2020, by the following vote to wit: AYES: HARNIK, JONATHAN, BELLY, WEBER, and NESTANDE NOES: NONE ABSENT: NONE ABSTAIN: NONE GINA NESTANDE, MAYOR ATTEST: ee...-ez.- Wo-e-heA- GRA E L. ROCHA, ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA 7