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HomeMy WebLinkAboutRES 2022-036RESOLUTION NO. 2022-36 ' A RESOLUTION OF THE CITY COUNCIL! OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING THE CITY'S INTENTION TO RENEW THE PRESIDENT'S PLAZA I PROPERTY AND BUSINESS IMPROVEMENT DISTRICT AND 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 2022/2023 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 I 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 (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 the 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, in accordance with the provisions of the Act and California Constitution ' article XIII D, presented to the City Council, and incorporated herein by reference; 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 FOR THE DISTRICT, AS FOLLOWS: Section 1. The above recitals are true and correct. Section 2. 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, to pay 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. Section 3. 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. 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 RESOLUTION NO. 2022-36 are 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 California Constitution article XIII D, Section 4, and California Government Code Section 54954.6. Each property owner may return the ballott, by mail or in person, to the City Clerk not later than the conclusion of the Public Hearing on July 14, 2022. The Public Hearing will be scheduled to begin on Thursday, July 14, 2022, at 4:00 p.m., at 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 to determine if 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 exist. Section 5. District Boundaries: The District will consist of all parcels located in the commercial business area known as the President's Plaza I 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 Portola Avenue; and east of Larkspur Lane. President's Plaza is commonly referred to as President's Plaza East (the area east of San Luis Rey Avenue); and President's Plaza West (the area west of San Luis Rey Avenue) as described in the Plan and Report, which are incorporated herein by reference. The District will remain designated as the ' "President's Plaza I Property and Business Improvement District." Section 6. Description of. Services and Improvements: The improvements and activities within the District include street and landscape maintenance, street sweeping, utilities and solid waste/recycling within the common parking lot areas. These improvements and activities are more specifically described in the Plan and Report 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 Section 8. Notice of Public Hearina: 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 California Constitution article XIII D, Section 4, and Government Code Section 54954.6. Notice is hereby given that a Public Hearing on these matters will be scheduled to begin on July 14, 2022 at 4:00 p.m., in the City Council Chambers, which are located at 73-510 Fred Waring Drive, Palm Desert. Section 9. Notice of Riaht to File Written Protest. 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 counted. In addition to the ballots, District property owners may file a written RESOLUTION NO. 2022-36 ' 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. At the Public hearing, all interested persons will be afforded the opportunity to hear and to be heard. Section 10. The City Clerk is hereby authorized and directed to give notice of such hearing as provided by law. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 12'h day of May 2022, by the following vote to wit: AYES: JONATHAN, KELLY, NESTANDE, QUINTANILLA, and HARNIK ABSENT: NONE ABSTAIN: NONE ATTEST: TY CLI RK T, CALIFORNIA 'AN C. HARNIK, MAYOR