HomeMy WebLinkAboutRES 2022-065RESOLUTION NO. 2022-65
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, FISCAL YEAR 2022/2023
The City Council of the City of Palm Desert (hereafter referred to as the "City Council")
does resolve as follows:
WHEREAS, in Fiscal Year 2021/2022 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 the California Constitution Article X111D conducted
proceedings for the formation of the President's Plaza III Business Improvement District
(hereafter referred to as the "District"), and the levy of annual assessments connected
therewith; and,
WHEREAS, on July 8, 2021, the City Council held a full and fair public hearing
regarding the formation of the District and 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, 2021 and ending June 30, 2026 pursuant to the Code;
and,
WHEREAS, upon conclusion of the public hearing of July 8, 2021, 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")
each fiscal year for which assessments are to be levied and collected, said 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,
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 2022/2023, and filed with the
' City Clerk of the City of Palm Desert and the City Clerk has presented to the City Council
such Report entitled "Management District Plan for the President's Plaza III Property and
Business Improvement Assessment District, Fiscal Year 2022/2023'; and,
RESOLUTION NO. 2022-65
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 said Report; and,
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY
COUNCIL 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 to the passage and adoption of this
Resolution, and the minutes of this meeting shall so reflect the presentation
of and final approval of the Report and appointment of the District Advisory
Board.
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RESOLUTION NO. 2022-65
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert,
California this 14th day of July 2022 by following vote:
AYES: JONATHAN, KELLY, QUINTANILLA, and HARNIK
NOES: NONE
ABSENT: NESTANDE
ABSTAIN: NONE
ATTEST:
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ION4PAM
CITY CLERK
OF ESERT, CALIFORNIA
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J C. HARNIK, MAYOR
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