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HomeMy WebLinkAboutCC RES 2016-47RESOLUTION NO. 2016-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING THE CITY'S INTENTION TO FORM THE PRESIDENT'S PLAZA III BUSINESS IMPROVEMENT DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS THEREIN, AND CALLING FOR AN ASSESSMENT BALLOT PROCEEDING TO SUBMIT TO THE QUALIFIED PROPERTY OWNERS WITHIN SUCH DISTRICT THE QUESTION OF LEVYING ASSESSMENTS FOR SUCH DISTRICT, COMMENCING FISCAL YEAR 2016/2017 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 III 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 Engineer's Report and Management District Plan for said District, WHEREAS, The City Council has retained Willdan Financial Services for the purpose of assisting with the formation/renewal of the District and establishment of the assessments, and to prepare and file an Engineer's Report and Management District Plan with the City Clerk in accordance with the Act; and in accordance with the requirements of the California Constitution, Article XIIID, and WHEREAS, Willdan Financial Services has presented to the City Council the Engineer's Report and the Management District Plan, which are incorporated herein by reference, and WHEREAS, The City Council has, by previous resolution, approved the Engineer's Report and the Management District Plan, which contain a full and detailed description of the 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, THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY RESOLVE AS FOLLOWS: 1. The above recitals are true and correct. 2. The City Council hereby declares its intention to form/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, as described in the Engineer's Report and the Management District Plan. The City Council has determined at this time to call for an assessment ballot proceeding. RESOLUTION NO. 2016-47 3. Calling an assessment ballot proceeding: Pursuant to California Constitution Article XIIID, an assessment ballot proceeding is hereby called on behalf of the District on the matter of establishing assessments for a five-year term on the properties within the District. 4. The assessment ballot proceeding for the District on the matter of authorizing the levy of the assessments, pursuant to California Constitution, Article XIIID, Section 4 consists of a ballot, included with the mailed notice required by Government Code Section 54954.6, distributed by mail, to the property owners of record within the District as of the close of the Intent Meeting. 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 14, 2016. The Public Hearing is scheduled to begin on July 14, 2016 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 shall open and tabulate the ballots to determine if a majority protest exits. The ballots shall be weighted according to the proportional financial obligation of the affected property. A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. 5. District Boundaries: The territory of the District is located South of Palm Desert Drive at Highway 111; North of El Paseo; West of Sage Lane; and East of Highway 74 Pines to Palms Highway as described in the Engineer's Report and the Management District Plan, which are incorporated herein by reference. The District is designated as "President's Plaza III Property and Business Improvement District." 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, and debris removal; and are more specifically described in the Engineer's Report and the Management Plan attached hereto and incorporated herein by reference. 7. Proposed Assessment Amounts: The proposed assessments are detailed in the Engineer's Report and the Management District Plan, which also detail the assessment range formula. 8. Notice of Public Hearing(s): The City Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments for the District in accordance with Government Code, Section 54954.6 and California Constitution, Article XIIID, Section 4(e). Notice is hereby given that a Public Hearing on these matters will be held by the City Council on July 14, 2016 at 4:00 P.M., in the City Council Chambers, located at 73-510 Fred Waring Drive, Palm Desert. 9. Notice. 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 RESOLUTION NO. 20161,-47 they will be opened and tabulated. In addition to the ballots, District property owners may file a written protest regarding the District formation 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 shall state all grounds of objection and a protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the public hearing, all interested persons shall be afforded the opportunity to hear and be heard. 10. The City Clerk is hereby authorized and directed to give notice of such hearing as provided by law. The foregoing Resolution was passed and adopted by the City Council of the City of Palm Desert on the 26th day of May, 2016, by the following vote to wit: AYES: HARNIK, JONATHAN, TANNER, WEBER, and SPIEGEL NOES: NONE ABSENT: NONE ABSTAIN: NONE ROBERT A. SPIEL , O ATTEST: RAEL'LLE D. KLASSEWCITY CLERK CITY OF PALM DESERT, CALIFORNIA APPROVED AS. TO FORM: RBEFIT W. HA'RGR= ES, CITY ATTORNEY B T, BEST & f"RIEG•' LP 3