HomeMy WebLinkAboutRes 2025-049RESOLUTION NO. 2025-049
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA ORDERING THE LEVY AND COLLECTION OF
ASSESSMENTS FOR THE PRESIDENT’S PLAZA III PROPERTY AND
BUSINESS IMPROVEMENT DISTRICT, FISCAL YEAR 2025/2026
WHEREAS, on July 8, 2021, the City Council called and duly held a public hearing
and property owner protest ballot proceedings for the President’s Plaza III Property and
Business Improvement 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 “Code”)
and the California Constitution Article XIIID, for the purpose of presenting to the qualified
property owners within the District the annual levy of assessments and a maximum
annual assessment over a five year period beginning July 1, 2021 and ending June 30,
2026, for the costs and expenses associated with the maintenance and oper ation 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 July 8, 2021 did cast their ballots resulting in the approval of the District
formation and annual levy of assessments related thereto; and,
WHEREAS, the City Council, pursuant to the Code did by previous resolutions
renewed the District, and approved an annual report in connection with the District and
appointed an Advisory Board that caused to be prepared such annual report for the City
Council’s approval; and the resolution renewing the District adopted on July 8, 2021
following the public hearing (the “Resolution of Formation”) is incorporated herein by this
reference and is made a part of this Resolution; and,
WHEREAS, the Advisory Board has held a meeting for reviewing and approving
the proposed budget for Fiscal Year 2025/2026 and has prepared an annual report in
connection with the District 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 annual
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” (hereafter referred to as the “Report”); and,
WHEREAS, The City Council has carefully examined and reviewed the Report as
presented, and by previous resolution has approved 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.
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SECTION 2. The City Council desires to levy and collect the annual assessment
for the District for Fiscal Year 2025/2026 pursuant to the provisions of the Code.
SECTION 3. Based upon its review of the Report, 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 territory of land within the District will receive special benefits from the operation,
maintenance and servicing of the improvements and appurtenant facilities located
within the boundaries of the District.
B. District includes all the lands so benefited.
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, 2025 and ending June 30,
2026 is apportioned by a formula and method which fairly distributes the net amount
among all eligible parcels in proportion to the special benefits to be received by each
parcel from the improvements and services.
D. The assessments so described in the Report are consistent with the assessments so
approved by the property owners within the District.
SECTION 4. The Report and assessments as presented to the City Council and
on file in the office of the City Clerk are hereby confirmed as filed.
SECTION 5. The City Council hereby orders the 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 for Fiscal Year 2025/2026. The
County Auditor/Controller shall enter on the County Tax Roll opposite each parcel of land
the amount of the assessment, and such assessments shall be collected at the same time
and in the same manner as the County taxes are collected. After collection by the County,
the net amount of the levy shall be paid to the City Treasurer.
SECTION 6. The City Treasurer shall deposit all money representing assessments
collected by the County for the District to the credit of a fund for the President’s Plaza III
Property and Business Improvement District, and such money shall be expended only for
the improvements described in the Report.
SECTION 7. The adoption of this Resolution, and the Resolution of Formation by
this reference, constitutes the District levy for the Fiscal Year commencing July 1, 2025
and ending June 30, 2026.
SECTION 8. The City Clerk is hereby authorized and directed to file the levy with
the County Auditor upon adoption of this Resolution.
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ADOPTED ON JUNE 26, 2025.
JAN C. HARNIK
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2025-049 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
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