HomeMy WebLinkAboutRes 2023-026RESOLUTION NO. 2023-026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF
ASSESSMENTS FOR THE PRESIDENT'S I PLAZA PROPERTY AND
BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2023/2024
WHEREAS, on June 23, 2022, the City Council called and duly held a public
hearing and property owner protest ballot proceedings for the President’s Plaza I
Property and Business Improvement Assessment District (hereafter referred to as the
“District”), 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 “Act”), and California Constitution article XIII D, for the
purpose of presenting to qualified property owners within the District the annual levy of
assessments and a maximum annual assessment over a five -year period, beginning
July 1, 2022 and ending June 30, 2027, for the costs and expenses associated with the
maintenance and operation of landscaping, lighting, refuse collection, and all
appurtenant facilities related thereto; and
WHEREAS, the landowners of record within the District, as of the close of the
public hearing held on June 23, 2022, did cast their ballots, and approve a fi ve-year
District renewal and an annual levy of assessment related thereto; and
WHEREAS, the City Council did, by previous resolutions, renew the District for
an additional five years and appoint an Advisory Board, pursuant to the Act. This
Advisory Board will cause to be prepared an annual report on the District for the City
Council’s approval; and
WHEREAS, the Advisory Board has held a meeting for reviewing and approving
the proposed budget for fiscal year 2023/2024 and has prepared a report regarding t he
District for fiscal year 2023/2024. This report is entitled, “Management District Plan for
the President’s Plaza Property and Business Improvement Assessment District Fiscal
Year 2023/2024” (hereafter referred to as “Plan”). The 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
WHEREAS, the City Council has carefully examined and reviewed the Plan, as
presented, and, by previous resolution, did approve it.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, as follows:
SECTION 1. The above recitals are true and correct and are incorporated herein
by this reference.
SECTION 2. Levy of Assessments. The City Council wishes to levy annual
assessments for fiscal year 2023/2024, as outlined and authorized in the Plan and
pursuant to the provisions of the Act.
SECTION 3. City Council Findings. Based upon its review of the Plan, a copy
of which has been presented to the City Council and filed with the city clerk, the
City Council hereby finds and determines that:
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A. The land within the District will receive special benefits from the operation,
maintenance, and servicing of the improvements and appurtenan t facilities within the
boundaries of the District.
B. The District includes all of the lands so benefitted.
C. The net amount to be assessed upon the lands within the District, in
accordance with the proposed budget for the fiscal year commencing July 1, 2023 and
ending June 30, 2024, is apportioned by a formula and by a method that fairly
distributes the net amount among all eligible parcels, in proportion to the special
benefits that each parcel receives from the improvements and services.
D. The assessments described in the Plan are consistent with the
assessments that District property owners have approved.
SECTION 4. Confirmation of Plan and Assessments. The Plan and the
assessments, as presented to the City Council and as presented for filing with the
Office of the City Clerk, are hereby confirmed as filed.
SECTION 5. Improvements Ordered. The City Council hereby orders the
proposed improvements to be made, and the levy and collection of annual
assessments to pay for those improvements to be presented to the County
Auditor/Controller of Riverside County (hereafter referred to as the “County”) for fiscal
year 2023/2024. The county auditor/controller will enter on the County Assessment
Roll, opposite each parcel of land, the amount of the levy. The levy will be collected at
the same time and in the same manner as County taxes are collected. After the
County collects the levy, the net amount of the levy will be p aid to the Treasurer of the
City of Palm Desert.
SECTION 6. Restricted Use of Assessment Money. The city treasurer will
deposit all money representing assessments that the County has collected for the
District, into a District fund. This money will be expended only for the improvements
that the Plan describes.
SECTION 7. Adoption of District Levy. The adoption of this Resolution
constitutes the District levy for the fiscal year commencing July 1, 2023 and ending
June 30, 2024.
SECTION 8. Direction to City Clerk. The city clerk is hereby authorized and
directed to file the levy with the county auditor/controller upon adoption of this
Resolution.
SECTION 9. Effective Date. This Resolution shall become effective immediately
upon its adoption.
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ADOPTED ON JUNE 22, 2023.
_______________________________
KATHLEEN KELLY
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify
that Resolution No. 2023-026 is a full, true, and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Desert on June 22, 2023, by the
following vote:
AYES: HARNIK, NESTANDE, QUINTANILLA, TRUBEE, AND KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on __________________.
ANTHONY J. MEJIA
CITY CLERK
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7/3/2023