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HomeMy WebLinkAboutCC RES 2020-63RESOLUTION NO. 2020-63 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 2020/2021 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 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 two years, to pay for the costs and expenses associated with solid waste (refuse) collection services, 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, 2020, did cast their ballots, the results of which are illustrated below: Total Ballots Cast Yes Total No Total $ 133,356.24 $ 77,321.03 (58%) $ 56,035.21 (42%) 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. Section 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, 2020, weighted according to the proportional financial obligation of each affected property. Section 3. The results of the tabulation of the valid property owner protest ballots returned by the property owners within the District, prior to the conclusion of the public hearing and the property owner protest proceeding held for the District on July 9, 2020, is hereby confirmed and made a public record. RESOLUTION NO. 2020-63 Section 4. The tabulation of the valid property owner protest ballots returned by the property owners within the District indicates approval of the assessments and maximum assessments allowed over the next two years. Section 5. The City Clerk is hereby directed to enter this resolution into the minutes of the City Council, which shall constitute the official declaration of the result of the property owner protest proceeding. Section 6. This resolution shall become effective immediately upon its adoption. Section 7. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council, on the 9th day of July, 2020, by the following vote, to wit: AYES: HARNIK, JONATHAN, KELLY, WEBER, and NESTANDE NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: c..c.-e-c_..- I- /6--c-& GRA E L. ROCHA, ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA ei GINA NESTANDE, MAYOR 2