HomeMy WebLinkAboutCC RES 2018-52RESOLUTION NO. 2018-52
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 2018/2019
The City Council of the City of Palm Desert (hereafter referred to as the "City Council")
does resolve as follows:
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 I 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 2018/2019, and filed with the
City Clerk of the City of Palm Desert and the City Clerk has presented to the City Council
RESOLUTION NO. 2018-52
such Report entitled "Management District Plan for the President's Plaza I Property and
Business Improvement Assessment District, Fiscal Year 2018/2019"; 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.
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RESOLUTION NO. 2018-52
PASSED, APPROVED, AND ADOPTED this 28th day of June, 2018 by the
following vote to wit:
AYES: HARNIR, KELLYC, NESTANDE, and JONATHAIN
NOES: NONE
ABSENT: WEBER
ABSTAIN: NONE
ATTEST:
RACHELLE D. KLASSEN, CITY CLE
CITY OF PALM DESERT, CALIFORNIA
SABBY JON THAN, MAYOR
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