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HomeMy WebLinkAboutRes 2021-19RESOLUTION NO. 2021-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING THE CITY'S INTENTION TO RENEW THE PRESIDENT'S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT DISTRICT, TO LEVY AND COLLECT ASSESSMENTS THEREIN, AND TO CALL FOR AN ASSESSMENT BALLOT PROCEEDING TO SUBMIT TO QUALIFIED PROPERTY OWNERS WITHIN SUCH DISTRICT THE QUESTION OF LEVYING ASSESSMENTS FOR SUCH DISTRICT, COMMENCING FISCAL YEAR 2021/2022 WHEREAS, the City Council has, by previous resolution, initiated proceedings for the renewal of the President's Plaza III Property and Business Improvement District (hereafter referred to as "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"), and did order the preparation of a Management District Plan (hereafter referred to as the "Plan") and an Engineer's Report ("hereafter referred to as the "Report") for the District; and WHEREAS, the Plan and Report, which are combined, and which address the renewal of the District and the establishment of assessments, has been prepared and filed with the city clerk, presented to the City Council, and incorporated herein by reference, in accordance with the provisions of the Act and California Constitution article XIII D; and WHEREAS, the City Council has, by previous resolution, approved the Plan and Report, which contains a full -and -detailed description of improvements and services, the boundaries of the District, the estimated costs of improvements and services, and the proposed assessments upon assessable lots and parcels within the District; NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL, THE LEGISLATIVE BODY FOR THE DISTRICT, AS FOLLOWS: Section 1. Section 2. Section 3. The above recitals are true and correct. Intention to Renew District: The City Council hereby declares its intention to renew the District for a period of five years and to levy and collect assessments within the District, pursuant to the Act, in order to pay for the annual costs of the services and improvements that are described in the Plan and Report. The City Council has determined at this time to call for an assessment ballot proceeding. Call for Assessment Ballot Proceedina.: The City Council hereby calls for an assessment ballot proceeding on behalf of the District to authorize the levy of assessments for a five-year term on the properties within the District, pursuant to the provisions of California Constitution article XIII D. 1 of 3 RESOLUTION NO. 2021-19 Section 4. Assessment Ballot Process: The assessment ballot proceeding to authorize the levy of assessments within the District will consist of a ballot and a notice that will be distributed together, by mail, to the property owners of record within the District as of the close of the intent meeting, in accordance with the provisions of section 4 of California Constitution article XIII D and section 54954.6 of the California Government Code. 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 8, 2021. The public hearing will be scheduled to begin on Thursday, July 8, 2021, at 4:00 p.m., at City Hall (in the City Council Chambers), 73-510 Fred Waring Drive, Palm Desert. At the close of the public hearing, the city clerk will authorize Willdan Financial Services to open and count the ballots in order to determine whether a majority protest exists. The ballots will be weighted according to the proportional financial obligation of the affected property. If, upon the conclusion of the hearing, the ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment, then a majority protest will be deemed to exist. Section 5. District Boundaries: The District will consist of all parcels located in the commercial business area known as the President's Plaza III within the City of Palm Desert, the County of Riverside, and the State of California. The territory of the proposed District is generally located south of Palm Desert Drive at Highway 111, north of El Paseo, west of Sage Lane, and east of Old Highway 74. It also includes the Palm Desert Parking Lot, which is a lease parcel to the City of Palm Desert that is located south of Highway 111, east of New Highway 74, and west of Old Highway 74, as described in the Plan and Report, which are incorporated herein by reference. The proposed District will be designated as the "President's Plaza 111 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. These improvements and activities are more specifically described in the Plan and Report, which is attached hereto and incorporated herein by reference. Section 7. Proposed Assessment Amounts: The proposed assessments and the assessment range formula are shown, in detail, in the Plan and Report. 2 of 3 RESOLUTION NO. 2021-19 1 1 1 Section 8. Notice of Public Hearing: The City Council hereby declares its intention to conduct a public hearing on the levy of assessments for the District, in accordance with the provisions of section 4 of California Constitution article XIII D and section 54954.6 of the California Government Code. Notice is hereby given that a public hearing on these matters will be scheduled to begin on Thursday, July 8, 2021, at 4:00 p.m., at City Hall (in the Council Chambers), which is located at 73-510 Fred Waring Drive, Palm Desert. At the public hearing, all interested persons will be afforded the opportunity to hear and to be heard. Section 9. Notice of Right to File Written Protest. Property owners will be provided an assessment ballot and a 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 counted. In addition to the ballots, District property owners may file a written protest regarding the District renewal 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 must state all grounds of objection, and a protest by a property owner must contain a description sufficient to identify the property owned by the protesting property owner. Section 10. Direction to City Clerk. The city clerk is hereby authorized and directed to give notice of this public hearing, as provided by law. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 13th day of May 2021, by the following vote to wit: AYES: HARNIK, JONATHAN, NESTANDE, QUINTANILLA, and KELLY NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: M. GLORIA 'ANCHEZ, ACTIN CITY CLERK CITY OF P LM DESERT, CA FORNIA 1 KATHLEtN KELL , MA 3 of 3