HomeMy WebLinkAboutCC RES 2017-54RESOLUTION NO. 2017-54
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, APPROVING THE MANAGEMENT DISTRICT PLAN FOR THE
PRESIDENT'S PLAZA PROPERTY AND BUSINESS IMPROVEMENT
ASSESSMENT DISTRICT, FISCAL YEAR 2017/2018
WHEREAS, in Fiscal Year 2015/2016 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 (hereafter referred to as
the "District"), and the levy of annual assessments connected therewith; and,
WHEREAS, on July 9, 2015 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, 2016 and ending June 30, 2020 pursuant to the Code; and,
WHEREAS, upon conclusion of the public hearing of July 9, 2015 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 2017/2018, 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 Property and Business Improvement
Assessment District, Fiscal Year 2017/2018"; 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.
RESOLUTION NO. 2017-54
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. Description of the District boundaries and all properties benefiting from
the improvements and services.
B. Description of Improvements and services to be provided by the District.
C. Annual Budget (Estimates of Costs and Expenses of Services,
Operations and Maintenance),
D. 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. 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.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City
Council, held on this 13th day of July , 2017, by the following vote to wit:
AYES: JONATHAN, KELLY, NESTANDE, WEBER, and HARNIK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
.107 RAC`HELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
LI'/JAN C. HARNIK, MAYOR
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