HomeMy WebLinkAboutPresidents Plaza I BID FY2013/14 - Continued to 08/22/2013RESOLUTION NO. 2013-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DECLARING THE CITY'S INTENTION TO FORM THE PRESIDENT'S
PLAZA I 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 2013/2014
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 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 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
three 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. 2013-25
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 three-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 11, 2013. The Public Hearing is scheduled to begin on Thursday, July
11, 2013, 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 Portola Avenue; and East of Larkspur
Lane 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
I 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, debris removal, and maintenance of parking
lot surface areas; 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 Hearina/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 Thursday. July 11. 2013. at 4:00 a.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
they will be opened and tabulated. In addition to the ballots, District property owners
RESOLUTION NO. 2013-25
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.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 23rd day of May, 2013, by the
following vote, to wit:
AYES: BENSON, SPIEGEL, TANNER, WEBER, and HARNIK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
JAN C. HARNIK, MAYOR
CITY COUNCILA'ION
APPROVEP ✓✓� DENTED
RECEIVED OTHER
MEET ► ' _
AYES
NOEST i -
ABSENT: ;' One
ABSTAIN: Al(f1'l ;
VERIFIED BY: ry��
Original on File with City rk's Office
* 1) Open the public hearing
2) By Minute Motion, continue public hearing and
balloting period for the District to the
meeting of August 22, 2013.
Sanchez, Gloria
From: Moeller, Charlene [CMOELLER@palmspri.gannett.com]
Sent: Tuesday, June 04, 2013 4:48 PM
To: Sanchez, Gloria
Subject: RE: Legal Notice - Res 2013-25 - PH 07/11/2013 - FY 13/14 Presidents Plaza I
Ad received and will publish on date(s) requested.
Charlene Moeller Media Sales Legal Notice Coordinator
The Desert Sun Media Group
750 N. Gene Autry Trail, Palm Springs, CA 92262
t 760.778.4578 ( f 760.778.4731
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From: asanchez(&cityofpalmdesert.or_g[mailto:gsanchez(a�cityofpalmdesert.org]
Sent: Tuesday, June 04, 2013 4:45 PM
To: tds-legals
Cc: rstendell@citvofp imdesert.org
Subject: Legal Notice - Res 2013-25 - PH 07/11/2013 - FY 13/14 Presidents Plaza I
PLEASE PUBLISH THE FOLLOWING:
NOTICE OF PUBLIC HEARING
Resolution No. 2013-25 — Declaring the City's Intention to Form the President's Plaza I 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 2013/2014.
TWICE IN THE DESERT SUN
Thursday, June 27, 2013
Thursday, July 4, 2013
If you have any questions or require additional information, please call me.
Thank you and have a nice evening, Charlene!
'M.9o-iia 5241,dt,
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