HomeMy WebLinkAboutRes 2024-041RESOLUTION NO. 2024-041
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 2024/2025
The City Council of the City of Palm Desert, California (hereafter referred to as the "City
Council") does resolve as follows:
WHEREAS, on June 23, 2022, the City Council called and duly held a public
hearing and property owner protest ballot proceedings for the P resident’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 five -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 2024/2025 and has prepared a report regarding the
District for fiscal year 2024/2025. This report is entitled, “Management District Plan for
the President’s Plaza Property and Business Improvement Assessment District for Fiscal
Year 2024/2025” (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.
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Resolution No. 2024-041 Page 2
SECTION 2. Levy of Assessments. The City Council wishes to levy annual
assessments for fiscal year 2024/2025, 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:
A. The land within the District will receive special benefits from the operation,
maintenance, and servicing of the improvements and appurtenant 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, 2024, and ending June
30, 2025, 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 2024/2025. 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 paid 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, 2024, and ending June 30, 2025.
SECTION 8. Direction to City Clerk. The city clerk is hereby authorized and
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directed to file the levy with the county auditor/controller upon adoption of this resolution.
ADOPTED ON JUNE 27, 2024.
KARINA QUINTANILLA
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2024-041 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 27, 2024, by the
following vote:
AYES: HARNIK, KELLY, NESTANDE, TRUBEE, AND QUINTANILLA
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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6/28/2024