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HomeMy WebLinkAboutRes 2025-048RESOLUTION NO. 2025-048 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 DISTRICT, FISCAL YEAR 2025/2026 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 Property and 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 has caused 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 2025/2026, 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 “City of Palm Desert President’s Plaza III Property and Business Improvement District Management District Plan and Engineer’s Report, Fiscal Year 2025/2026”; 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 Docusign Envelope ID: 030C2353-7D68-4ACA-969E-650E1C6B6400 Resolution No. 2025-048 Page 2 therein, and finds that the levy of assessments has been spread in accordance with the 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. That the foregoing Recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Report 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 method and basis of levying the assessments. E. The estimated amount of any surplus/deficit from the previous fiscal year and the estimated amount of any contributions to be made from other sources. 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. 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. ADOPTED ON JUNE 26, 2025. JAN C. HARNIK MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK Docusign Envelope ID: 030C2353-7D68-4ACA-969E-650E1C6B6400 Resolution No. 2025-048 Page 3 I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2025-048 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 26, 2025, by the following vote: AYES: NESTANDE, PRADETTO, QUINTANILLA, TRUBEE, AND HARNIK 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: 030C2353-7D68-4ACA-969E-650E1C6B6400 6/27/2025