HomeMy WebLinkAboutRes 2023-029RESOLUTION NO. 2023-029
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING THE MANAGEMENT DISTRICT
PLAN FOR THE PRESIDENT’S PLAZA III PROPERTY AND BUSINESS
IMPROVEMENT ASSESSMENT DISTRICT, FISCAL YEAR 2023/2024
WHEREAS, in Fiscal Year 2021/2022 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 formation of the President’s Plaza III Business Improvement District
(hereafter referred to as the “District”), and the levy of annual assessments connected
therewith; and
WHEREAS, on July 8, 2021, the City Council held a full and fair public hearing
regarding the 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, 2021, and ending June 30, 2026 pursuant to the Code;
and
WHEREAS, upon conclusion of the public hearing of July 8, 2021, 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 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 President’s Plaza
III Committee 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 2023/2024, 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 III Property and
Business Improvement Assessment District, Fiscal Year 2023/2024”; 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
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special benefits received from the improvements, operation, maintenance and services to
be performed, as set forth in said Report.
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. 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.
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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I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2023-029 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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7/6/2023