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HomeMy WebLinkAboutCC RES 09-4768-2587 RESOLUTION NO. 09-47 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE MANAGEMENT DISTRICT PLAN FOR THE PRESIDENT'S PLAZA I PROPERTY AND BUSINESS IMPROVEMENT ASSESSMENT DISTRICT, FISCAL YEAR 2009/2010 The City Council of the City of Palm Desert (hereafter referred to as the "City Council") does resolve as follows: WHEREAS, in Fiscal Year 2008/09 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 XIIID conducted proceedings for the renewal/formation of the President's Plaza Business Improvement District I (hereafter referred to as the "District"), and the levy of annual assessments connected therewith; and, WHEREAS, on July 10, 2008 the City Council held a full and fair public hearing regarding the renewal/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, 2008 and ending June 30, 2013 pursuant to the Code; and, WHEREAS, upon conclusion of the public hearing of July 10, 2008 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 renewal/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 El Paseo Business Association 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 2009/2010, and filed with the City Clerk of the City of Palm Desert and the City Clerk has presented 1 RESOLUTION NO. 09-47 68-2587 to the City Council such Report entitled "Management District Plan for the President's Plaza I Property and Business Improvement Assessment District, Fiscal Year 2009/10"; 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 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. 2 RESOLUTION NO. 09-47 PASSED, APPROVED, AND ADOPTED this STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF PALM DESERT ss. 11th 68-2587 day of June 2009. Rachelle D. Klassen , City Clerk of the City of Palm Desert, County of Riverside, State of California do hereby certify that the foregoing Resolution No. 09-47 was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of said Council held on the filth day of June , 2009 by the following vote: AYES: BENSON, FERGUSON, FINERTY, KELLY, and SPIEGEL NOES: NONE ABSENT: NONE ABSTAINED: NONE ,�1�0 6✓.2�C1� ROBERT A. SPEIGEL, Mayor City of Palm Desert ATTEST: RAG`HELLE D. KLASSEN, City Clerk City of Palm Desert 3