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HomeMy WebLinkAboutRes 2023-027RESOLUTION NO. 2023-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AND ADOPTING THE MANAGEMENT DISTRICT PLAN FOR THE PRESIDENT’S PLAZA I PROPERTY AND BUSINESS IMPROVEMENTS DISTRICT FOR FISCAL YEAR 2023/2024 WHEREAS, in fiscal year 2022/2023, the City Council conducted proceedings for the renewal of the President’s Plaza I Business Improvement District (hereafter referred as the “District”) and the levy of assessments connected therewith, in accordance with the provisions of the 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; and WHEREAS, on June 23, 2022, the City Council held a full and fair public hearing regarding the renewal of the District and the establishment of annual assessments and maximum assessments that are required to pay for 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, 2022 and ending June 30, 2027, in accordance with the Act; and WHEREAS, upon the conclusion of the public hearing of June 23, 2022, the Cit y Council counted the property owner assessment protest ballots returned and, by resolution, confirmed that a majority protest did not exist. The City Council, by resolution, approved the Management District Plan (defined below), appointed an Advisory Boa rd for the District, ordered the renewal of the District, and ordered the levy and collection of the annual assessments; and WHEREAS, the City Council appointed the El Paseo Business Association as the Advisory Board for the District, and this Advisory Board will cause to be prepared an annual Management District Plan (hereafter referred to as the “Plan”) each fiscal year for which assessments are to be levied and collected. This Plan will be filed with the city clerk and will contain any proposed changes to the District boundaries, 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, the Advisory Board has caused to be prepared a Plan in connection with the District that describes the proposed improvements, services, expenditures, and assessments to be levied for fiscal year 2023/2024. This Plan is entitled, “Management District Plan for the President’s Plaza Property and Business Improvement Assessment District Fiscal Year 2023/2024”. This 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 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 that will be received from the improvement s, operation, maintenance, and services to be performed, as set forth in the Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: DocuSign Envelope ID: 7736EC3E-303C-4171-A48D-783E03E44237 Resolution No. 2023-027 Page 2 SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Components of Plan. The Plan, as presented, consists of the following: A. A description of District boundaries and all properties benefiting from the improvements and services. B. A description of improvements and services that the District will provide. C. The annual budget (estimates of costs and expenses of services, operations, and maintenance). D. A District roll containing the levy of assessments for each assessor parcel within the District. SECTION 3. Approval of Plan. The Plan, as presented, is hereby approved and ordered to be filed in the Office of the City Clerk as a permanent record that will be open to public inspection. SECTION 4. Certification of Resolution. The city clerk will certify the passage and adoption of this resolution. The minutes of this meeting will reflect the presentation and final approval of the Plan, and the appointment of the District Advisory Board. SECTION 5. Effective Date. This Resolution shall become effective immediately upon its adoption. ADOPTED ON JUNE 22, 2023. _______________________________ KATHLEEN KELLY MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK DocuSign Envelope ID: 7736EC3E-303C-4171-A48D-783E03E44237 Resolution No. 2023-027 Page 3 I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2023-027 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 DocuSign Envelope ID: 7736EC3E-303C-4171-A48D-783E03E44237 7/6/2023