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HomeMy WebLinkAboutRES 2022-070' RESOLUTION NO. 2022-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ORDERING THE RENEWAL OF THE PRESIDENTS' PLAZA I PROPERTY AND BUSINESS IMPROVEMENT DISTRICT, APPROVING, AND ADOPTING THE MANAGEMENT DISTRICT PLAN/ENGINEERING REPORT AND AUTHORIZING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2022/2023 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 Presidents' Plaza I 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 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 14, 2022. 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. I Section 2. Renewal of District and Levv of Assessments. The City Council wishes to renew the Presidents' Plaza I Property and Business Improvement District RESOLUTION NO. 2022-70 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, 2022, and ending June 30, 2023, 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 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, 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 I 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 2022/2023 and ending in fiscal year 2026/2027, 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, 2022, and ending June 30, 2023, 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. E. The assessments that are described in the Report are consistent with the assessments that the District property owners have approved. 2 of 4 RESOLUTION NO. 2022-70 ' Section 6. Confirmation of Reoort 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. 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 2022/2023. 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. Section 8. Restricted Use of Assessment Monev. 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. Section 9. Adoption of District Levv. The adoption of this resolution constitutes the ' District levy for the fiscal year commencing July 1, 2022, ending June 30, 2023. Section 10. Direction to Citv Clerk. The city clerk or designated representative is hereby authorized and directed to file the levy with the county auditor/controller upon adoption of this resolution. 3of4 RESOLUTION NO. 2022-70 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City I Council, held on this 14th day of July 2022, by the following vote to wit: AYES: JONATHAN, KELLY, QUINTANILLA, and HARNIK NOES: NONE ABSENT: NESTANDE ABSTAIN: NONE J C. HARNI , MAYOR ATTEST: A,-:�—AHONYODEiER CLERK CITY OF PALIFORNIA ' 7 4 of 4