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HomeMy WebLinkAboutRes 2021-40RESOLUTION NO. 2021-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AND ADOPTING THE MANAGEMENT DISTRICT PLAN FOR THE PRESIDENT'S PLAZA I PROPERTY AND BUSINESS IMPROVEMENTS DISTRICT FOR FISCAL YEAR 2021/2022 The City Council of the City of Palm Desert, California (hereafter referred to as the "City Council") does resolve as follows: WHEREAS, in fiscal year 2020/2021, the City Council conducted proceedings for the renewal of the President's Plaza I business Improvement District (hereafter referred as the "District") and the levy of assessments connected therewith, in accordance with 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"), and California Constitution article XIII D; and WHEREAS, on July 9, 2020, the City Council held a full and fair public hearing regarding the renewal of the District and the establishment of annual assessments and maximum assessments that are required in order to pay for the maintenance and services of landscaping, lighting, refuse collection, and all appurtenant facilities and operations ' related thereto, for a two-year period beginning July 1, 2020 and ending June 30, 2022, in accordance with the Act; and WHEREAS, upon the conclusion of the public hearing of July 9, 2020, the City Council counted the property owner assessment protest ballots returned and, by resolution, confirmed that a majority protest did not exist. The City Council, by resolution, approved the Management District Plan, appointed an Advisory Board for the District, ordered the renewal of the District, and ordered the levy and collection of the annual assessments; and WHEREAS, the City Council appointed the El Paseo Business Association as the Advisory Board for the District, and this Advisory Board will cause to be prepared an annual Management District Plan (hereafter referred to as the "Plan") each fiscal year for which assessments are to be levied and collected. This Plan will be filed with the city clerk and will contain any proposed changes to the District boundaries, 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 WHEREAS, the Advisory Board has caused to be prepared a Plan in connection with the District that describes the proposed improvements, services, expenditures, and assessments to be levied for fiscal year 2021/2022. This Plan is entitled, "Management ' District Plan for the President's Plaza Property and Business Improvement Assessment District for Fiscal Year202112022". This Plan 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 1 of 3 RESOLUTION NO. 2021-40 WHEREAS, the City Council has carefully examined and reviewed the Plan, 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 that will be received from the improvements, operation, maintenance, and services to be performed, as set forth in the Plan. 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. Contents of Plan. The Plan, as presented, consists of the following: A. A description of District boundaries and all properties benefitting from the improvements and services. B. A description of improvements and services that the District will provide. C. The annual budget (estimates of costs and expenses of services, operations, and maintenance). D. A District roll containing the levy of assessments for each I assessor parcel within the District. Section 3. Approval of Plan. The Plan, as presented, is hereby approved and ordered to be filed in the Office of the City Clerk as a permanent record that will be open to public inspection. Section 4. Certification of Resolution. The city clerk will certify the passage and adoption of this resolution. The minutes of this meeting will reflect the presentation and final approval of the Plan, and the appointment of the District Advisory Board. 2of3 RESOLUTION NO. 2021-40 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council, on the 24'h day of June 2021, by the following vote, to wit: AYES: HARNIK, JONATHAN, NESTANDE, QUINTANILLA, and KELLY NOES: NONE ABSENT: NONE ABSTAIN: NONE 61,4 KATHLEE LLY, L ATTEST: M. GLOMA�SANg CITY O P LM,QE 'CLERK IA 3 of 3