HomeMy WebLinkAboutCC RES 2020-67RESOLUTION NO. 2020-67
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING THE MANAGEMENT DISTRICT
PLAN FOR THE PRESIDENT'S PLAZA III PROPERTY AND BUSINESS
IMPROVEMENT ASSESSMENT DISTRICT FOR FISCAL YEAR
2020/2021
The City Council of the City of Palm Desert (hereafter referred to as the "City Council")
does resolve as follows:
WHEREAS, in fiscal year 2016/2017, the City Council, 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 "Code"), and in
accordance with the provisions of California Constitution article XIIID, conducted
proceedings for the formation of the President's Plaza III Property and Business
Improvement District (hereafter referred to as the "District"), and the levy of annual
assessments connected therewith; and,
WHEREAS, on July 16, 2016, the City Council held a full and fair public hearing
regarding the formation of the District, the establishment of annual assessments, and the
maximum assessments required to pay the maintenance and services of landscaping,
lighting, refuse collection, and all appurtenant facilities and operations related thereto, for a
five-year period, beginning July 1, 2016, and ending June 30, 2021, pursuant to the Code;
and,
WHEREAS, upon conclusion of the public hearing of July 16, 2016, the City
Council tabulated the property owner assessment protest ballots returned and, by
resolution, confirmed that majority protest did not exist and, by resolution, approved the
Management District Plan, appointed an Advisory Board for the District, ordered the
formation of the District, and ordered the levy and collection of the first annual
assessments; and,
WHEREAS, pursuant to the Code, the City Council appointed the President's Plaza
III Committee as the Advisory Board for the District, and this Advisory Board shall cause to
be prepared an annual Management District Plan (hereafter referred to as the "Report") for
each fiscal year for which assessments are to be levied and collected. This Report shall
be filed with the city clerk and shall contain any proposed changes to the District boundary,
the improvements and activities to be provided, the estimated costs and method of
assessment, the amount of any surplus or deficit, and contributions from other sources;
and,
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RESOLUTION NO. 2020-67
WHEREAS, pursuant to the Code, the Advisory Board has caused to be prepared
a Report in connection with the District, describing the proposed improvements, services,
expenditures, and assessments to be levied for fiscal year 2020/2021. This Report,
entitled "Management District Plan for the President's Plaza III Property and Business
Improvement District for Fiscal Year 2020/2021", has been filed with the city clerk of the
City of Palm Desert, and the city clerk has presented it to the City Council; and,
WHEREAS, The City Council has carefully examined and reviewed the Report, as
presented, and is satisfied with each and all of the items and documents as set forth
therein, and finds that the levy of assessments has been spread in accordance with the
special benefits received from the improvements, operation, maintenance, and services to
be performed, as set forth in the Report; and,
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 Management District Plan, as presented, consists of the following:
A. A description of the District boundaries and all properties benefiting
from the improvements and services.
B. A description of improvements and services to be provided by the
District.
C. The annual budget (estimates of costs and expenses of services,
operations, and maintenance).
D. The District roll containing the levy of assessments for each
assessor parcel within the District.
Section 3. The Report, as presented, is hereby approved and is ordered to be filed in
the office of the city clerk as a permanent record, and to remain open to
public inspection.
Section 4.
That the city clerk shall certify the passage and adoption of this resolution,
and the minutes of this meeting shall so reflect the presentation and final
approval of the Report, and the appointment of the District Advisory Board.
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RESOLUTION NO. 2020-67
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
GINA NESTANDE, MAYOR
ATTEST:
GRACE L. ROCHA, ACTING CITY CLERK
CITY OF PALM DESERT, CALIFORNIA