HomeMy WebLinkAboutResolution 2015-68A - Presidents Plaza Property and Business Improvement District Fiscal Year 2015 - 2016 Declare ResultsY rJ
Resolution No. 2015-68A
CITY OF PALM DESERT
CITY MANAGER'S OFFICE
CITY COUNCIL STAFF REPORT
REQUEST: CONSIDERATION OF AMENDED RESOLUTION NO. 2015-68A
RELATING TO THE DECLARED RESULTS OF THE
PRESIDENTS PLAZA PARKING AREA BUSINESS
IMPROVEMENT DISTRICT.
SUBMITTED BY: Ryan Stendell, Senior Management Analyst
DATE: August 27, 2015
CONTENTS: Amended Resolution No. 2015-68A
Recommendation
Waive further reading and adopt:
Amended Resolution No. 2015-68A declaring the results of the property
owner protest ballot proceedings conducted for the proposed Presidents
Plaza Property and Business Improvement District assessments
commencing with fiscal year 2015/2016;
Background
At its meeting of JUly 9th the City Council authorized staff to count the ballots for the
reformation of the Presidents Plaza Parking Area Business Improvement District. At the
conclusion of the ballot counting staff announced the property owners did vote in favor
of the BID by a margin of 64% yes votes. Several of the ballots were hand delivered to
the City Clerk during the operation of the meeting which is permissible. Unfortunately,
one ballot remained unopened as it got shuffled in between other paperwork. Upon
opening the ballot there was an additional yes vote to be added to the final tally.
Staff conferred with the City Attorney and the Assessment District Consultants the
following day and their recommendation was to amend the resolution at the next regular
meeting. Adding the final yes vote takes the final results to 66.61 % (Yes) to 33.39%
(No). The attached amended resolution makes this adjustment and staff is
recommending approval of the amended resolution.
Staff Report
President's Plaza I PBID Amended Resolution 2015-68A
Page 2
August 27, 2015
Fiscal Analysis
There is no fiscal impact related to this report.
Prepared By:
4�111
yan Stendell
Senior Management Analyst
Reviewed and Concur:
/� .14 J
Paul S. Gibson, Director of Finance
n M. Wohlmuth, City Manager
RESOLUTION NO. 2015-68A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DECLARING THE RESULTS OF A PROPERTY OWNER PROTEST
PROCEEDING FOR THE PRESIDENT'S PLAZA PROPERTY AND BUSINESS
IMPROVEMENT DISTRICT AND APPROVING CERTAIN RELATED ACTIONS, FOR
FISCAL YEAR 2015/2016
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 called and duly held a property owner protest
proceeding for the formation (re-establishment) of President's Plaza Property and
Business Improvement District (hereafter referred to as the "District") 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") and
the California Constitution Article XIIID, for the purpose of presenting to the qualified
property owners within the District the annual levy of assessments and maximum annual
assessments over the next five years to pay for the costs and expenses associated with
solid waste (refuse) collection services and the maintenance of parking lot landscaped
areas, the maintenance and operation of parking lot lighting facilities, the maintenance of
parking lot surface areas, and all appurtenant facilities related thereto; and,
WHEREAS, the landowners of record within the District as of the close of the
Public Hearing held on July 9, 2015 did cast their ballots, the results of which are
illustrated below:
Total Ballots Cast Yes Total No Total
$ 154,851.54 $ 103,148.10 $51,703.44
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY
THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:
1. The above recitals are true and correct.
2. The protest proceeding was conducted, with ballots presented to qualified property
owners of the District for receipt by the City Clerk prior to the conclusion of the Public
Hearing on July 9, 2015, weighted according to the proportional financial obligation
of the affected property.
3. The results of the tabulation of the valid property owner protest ballots returned by
the property owners within said District, prior to the conclusion of the Public Hearing
RESOLUTION NO. 2015-68A
and property owner protest proceeding held for the District on July 9, 2015, is hereby
confirmed and made public record.
4. The tabulation of the valid property owner protest ballots returned by the property
owners within said District indicates approval of the assessments and maximum
assessments allowed over the next five years.
5. The City Clerk is hereby directed to enter this Resolution on the minutes of the City
Council which shall constitute the official declaration of the result of such property
owner protest proceeding.
6. This Resolution shall become effective immediately upon its adoption.
7. The City Clerk shall certify the adoption of this Resolution.
The foregoing Resolution was passed and adopted by the City Council of the City of
Palm Desert on the day of 2015, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Susan Marie Weber, Mayor
City of Palm Desert
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert