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:
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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
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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