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HomeMy WebLinkAboutRES 2021-521 1 RESOLUTION NO. 2021-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ORDERING THE RENEWAL OF THE PRESIDENT'S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT DISTRICT AND THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2021/2022 The City Council of the City of Palm Desert, California (hereafter referred to as the "City Council"), hereby finds, determines, resolves, and orders as follows: WHEREAS, the City Council did, by previous resolutions, initiate proceedings and order the preparation of a Management District Plan and Engineer's Report (hereafter referred to collectively as "Report"), pursuant to the provisions of 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"). The Report discusses the renewal of the President's Plaza III Property and Business Improvement District (hereafter referred to as the "District") and the establishment of maximum assessments in order to pay for the maintenance and services of landscaping, lighting, street sweeping, and all appurtenant facilities and operations related thereto; and WHEREAS, the City Council did, by previous resolution, appoint an owners' association, pursuant to the Act. The owners' association will cause to be prepared an annual Report on the District for the City Council's approval; and WHEREAS, the City Council has called and duly held a property owner protest ballot proceeding for the District in order to present to qualified District property owners the annual levy of assessments and a maximum annual assessment over the next five years for the costs and expenses associated with and authorized for the District, as outlined in the Report; pursuant to the provisions of the Act and California Constitution articles XIII C and XIII D; and WHEREAS, the protest proceeding was conducted with ballots that were presented to qualified District property owners and returned to the city clerk on July 8, 2021. The ballots were weighted according to the proportional financial obligation of the affected property. The counting of the protest ballots that the property owners returned indicated approval of both the assessment and the maximum assessment allowed over the next five years. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL, THE LEGISLATIVE BODY FOR THE DISTRICT, AS FOLLOWS: Section 1. The above recitals are true and correct. 1 of 4 RESOLUTION NO. 2021-52 Section 2. Renewal of District and Levy of Assessments. The City Council wishes to renew the President's Plaza III Property and Business Improvement District and to levy annual assessments for a duration of five years, pursuant to the provisions of the Act. Section 3. Declaration on Assessments. The City Council hereby declares that the annual assessments will not exceed the maximum assessment that the property owners approved, pursuant to the Act and to the apportionment method that the Report describes. The annual assessments will commence with the fiscal year beginning July 1, 2021 and ending June 30, 2022, in order to pay for the costs and expenses of operating, maintaining, and servicing District improvements. Section 4. Fair Public Hearina. Following notice duly given, the City Council has held a full and fair intent meeting and a public hearing in connection with the levy and collection of assessments and has considered all oral and written statements, protests, and communications that interested persons have made or filed. The city clerk, or his or her assigned representative, has counted the ballots and determined that the property owners have approved the annual levy and collection of assessments and a maximum assessment over the next five years, as outlined in the Report and in accordance with California Constitution articles XIII C and XIII D. Section 5. City Council Findinas. Based upon its review of the Report, copies of which have been presented to the City Council and filed with the city clerk, the City Council hereby finds and determines that: A. The land within the District will receive special benefits from the operation, maintenance, and servicing of the improvements and appurtenant facilities that are located within District boundaries. B. The District includes all of the lands so benefited. C. The District term is five years, beginning in fiscal year 2021/2022 and ending in fiscal year 2025/2026, unless renewed after this time. D. The net amount to be assessed upon the lands within the District, in accordance with the proposed budget for the fiscal year commencing July 1, 2021 and ending June 30, 2022, is apportioned by a formula and by a method that fairly distribute the net amount among all eligible parcels, in proportion to the special benefits that each parcel will receive from the improvements and services. 2 of 4 RESOLUTION NO. 2021-52 1 1 1 E. The assessments that are described in the Report are consistent with the assessments that the District property owners have approved. Section 6. Confirmation of Report and Assessments. The Report and the assessments, as presented to the City Council and as on file in the Office of the City Clerk, are hereby confirmed as filed. Section 7. Section 8. Section 9. Improvements Ordered. The City Council hereby orders the proposed improvements to be made, and the levy and collection of annual assessments to pay for those improvements, to be presented to the County Auditor/ Controller of Riverside County (hereafter referred to as the "County"), commencing with fiscal year 2021/2022. The county auditor/controller will enter on the County Assessment Roll, opposite each parcel of land, the amount of levy. The levy will be collected at the same time and in the same manner as the County taxes are collected. After the County collects the levy, the net amount of the levy will be paid to the Treasurer of the City of Palm Desert. Restricted Use of Assessment Money. The city treasurer will deposit all money representing assessments that the County has collected for the District, into a District fund. This money will be expended only for the improvements that the Report describes. Adoption of District Levy. The adoption of this resolution constitutes the District levy for the fiscal year commencing July 1, 2021 and ending June 30, 2022. Section 10. Direction to City Clerk. The city clerk, or his or her assigned representative, is hereby authorized and directed to file the levy with the county auditor/ controller upon adoption of this resolution. 3 of 4 RESOLUTION NO. 2021-52 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 8th day of July 2021, by the following vote: AYES: HARNIK, JONATHAN, NESTANDE, QUINTANILLA, and KELLY NOES: NONE ABSENT: NONE ABSTAIN: NONE Cu17 k v./ 1 PA KATHLEEN ELLY, MAYOR ATTEST: M. GLORIA`SANCHEZ, /CTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA 4 of 4