HomeMy WebLinkAboutRes 2026-018Resolution No. 2026-018
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, DECLARING THE CITY’S INTENTION TO
ANNEX TERRITORY (TRACT 31377 – CORTE PLACITAS) TO THE
CONSOLIDATED PLAM DESERT LANDSCAPING AND LIGHTING
DISTRICT (ZONE #6 – HOVLEY LANE), AND TO LEVY AND COLLECT
ANNUAL ASSESSMENTS RELATED THERETO COMMENCING FISCAL
YEAR 2026/2027, PURSUANT TO THE PROVISIONS OF THE PART 2
OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAY CODE;
AND CALLING FOR A PROPERTY OWNER PROTEST BALLOT
PROCEEDINGS, TO SUBMIT TO THE QUALIFIED PROPERTY OWNERS
THE QUESTION OF LEVYING SUCH ASSESSMENTS FOR SAID
ANNEXATION TERRITORY PURSUANT TO THE PROVISIONS OF THE
CALIFORNIA COSTITUTION, ARTICLE XIII D.
Whereas, the City Council, pursuant to provisions of the Landscaping and
Lighting Act of 1972 being Part 2, Division 15 of the California Streets and Highways
Code (hereinafter referred to as the “Act”), did by previous Resolution, initiate
proceedings for the annexation of territory known as Tract 31377 (Corte Placitas)
located along Hovley Lane West, east of Monterey Avenue, west of Portola Avenue and
includes parcels facing Corte Placitas (hereafter referred to as “Annexation Territory”) to
the Consolidated Palm Desert Landscaping and Lighting District No. 1 within Zone #6
(Hovley Lane) (hereinafter referred to as the “District”) and the levy and collection of
assessments against lots and parcels within said Annexation Territory commencing in
Fiscal Year 2026/2027, and
Whereas, the City Council desires to annex the territory of land comprising the
Annexation Territory to the District; and to establish such territory as Annexation of
Tract 31377 to Local Landscaping Zone #6, Hovley Lane, within said District as a sub -
area thereof; and to levy and collect new assessments against lots and parcels of land
within the Annexation Territory to pay the cost and expenses related to the special
benefits received from the maintenance and operation of the landscaping and lighting
improvements connected therewith, and
Whereas, the Assessment Engineer of Work has prepared and filed an
Engineer’s Report in connection with the Annexation Territory and the levy of annual
assessments connected therewith commencing in Fiscal Year 2026/2027 (beginning
July 1, 2026, and ending June 30, 2027) with the City Clerk pursuant to Section 22623
of the Act and said report has been presented to the City Council and is incorporated
herein by reference.
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.
SECTION 2. Engineer’s Report, Content.
The Engineer’s Report as presented, consists of the following sections. The
Plans and Specifications which describe the boundaries of the Annexation Territory
(Tract 31377 – Corte Placitas) and the improvements associated therewith that provide
special benefits to the parcels therein. The Method of Apportionment details the method
of calculating proportional special benefit and the annual assessment obligation for
each affected parcel. The Estimate of Costs including the calculation of the
assessments and the estimated annual funding (“Budget”) required for the annual
maintenance, servicing, and operation of lighting and landscaping improvements and
specifically the costs associated with the improvements determined to be of special
benefit to parcels within the Annexation Territory establishing the proposed maximum
assessment for Fiscal Year 2026/2027. The Assessment Range Formula (“Annual
Inflationary Adjustment”) to be applie d to the proposed Maximum Assessment per
Equivalent Dwelling Unit established in Fiscal Year 2026/2027 is applicable in
subsequent fiscal years. The proposed Maximum Assessments including the
Assessment Range Formula shall be presented to the property owne rs of record in a
protest ballot proceeding pursuant to the California Constitution Article XIII D. The
Boundary Diagram outlining the boundaries of the Annexation Territory. The
Assessment Roll containing the maximum assessments and proposed assessments f or
each Assessor Parcel Number within the Annexation Territory .
SECTION 3. Engineer’s Report, Approval.
The Engineer’s Report is hereby approved on a preliminary basis as submitted or
amended by direction of this City Council and is hereby ordered to be filed in the Office
of the City Clerk as a permanent record and to remain open to public inspection .
SECTION 4. Intention.
The City Council hereby declares its intention to annex the territory known as
Tract 31377 to the Consolidated Palm Desert Landscaping and Lighting District No. 1
within Zone #6 (Hovley Lane), as a sub-area thereof pursuant to Chapter 2, Article 2 of
the Act, and to levy and collect annual assessments against parcels of land within the
Annexation Territory commencing with Fiscal Year 2026/2027 in accordance with the
Act and the provisions of the California Constitution Article XIII D. The territory being
annexed to the District as part of these proceedings shall subsequently be designated
as Annexation of Tract 31377 to Local Landscaping Zone #6, Hovley Lane.
SECTION 5. Annexation Territory.
The City Council hereby finds that proposed territory within the Annexation
Territory consists of all lots, parcels and subdivisions of land known as the “Tract
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31377” located along Hovley Lane West, east of Monterey Avenue, west of Portola
Avenue and includes twenty (20) residential homes facing Corte Placitas, consisting of
Riverside County Assessor’s Parcel Numbers 622 -300-040 through 622-300-059 and
that this Annexation Territory includes all properties that receive special benefits from
the improvements to be provided at the time of the Annexation Engineer’s Report.
SECTION 6. Improvements.
The proposed improvements and services for the Annexation Territory include
installation, construction, or maintenance of any authorized improvements under the
Act, including, but not limited to lighting and landscaping improvements and any
facilities which are appurtenant to any of the aforementioned or which are necessary or
convenient for the maintenance or servicing thereof, including parkway landscaping,
street lighting, and tree maintenance associated with Tract 31377. The Engineer’s
Report prepared in connection with the Annexation Territory provides a more detailed
description of the improvements and services to be provided and for which properties
shall be assessed and by reference that Engineer’s Report is made part of this
Resolution.
SECTION 7. Assessments.
The City Council hereby determines that to provide the improvements described
in Section 6 of this Resolution; it is necessary to levy and collect assessments against
lots and parcels within the Annexation Territory commencing in Fiscal Year 2026/2027.
The Engineer’s Report referred to in Section 2 of this Res olution establishes the
proposed maximum assessment for Fiscal Year 2026/2027 including an inflationary
adjustment to the maximum assessment rate to be applied beginning in Fiscal Year
2027/2028; and an estimate of assessment necessary to provide for the a nnual
operation, administration, services and maintenance of the improvements for Fiscal
Year 2026/2027.
SECTION 8. Compliance with the Constitution.
Pursuant to California Constitution Article XIII D, a property owner protest ballot
proceeding is hereby called on the matter of confirming the proposed new assessments
for the Annexation Territory. The ballots and notices so authorized shall be distribute d
by first class mail to the property owners of record as of the last County equalized roll,
and each property owner may return the ballot by mail or in person to the City Clerk not
later than the conclusion of the Public Hearing for this matter.
The City shall conduct the Public Hearing not less than forty -five (45) days after
the mailing of the notice and ballot to the property owners of record, in full compliance
with Article XIII D of the California Constitution.
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SECTION 9. Mailed Notice and Ballot.
The City Council hereby authorizes and directs the City Clerk or their designee to
prepare and mail notice of the Public Hearing; and in the same or separate mailing, mail
the property owner protest ballot to the subject property owners regarding the propo sed
levy of assessments and the assessment range formula outlined in the Engineer’s
Report, for return receipt prior to the date and time of the Public Hearing set forth in this
resolution.
SECTION 10. Public Hearing.
The City Council hereby declares its intention to conduct a Public Hearing
concerning the Annexation Territory, the improvements, and the levy of assessments
and in accordance with Section 22624 (e) and 22625 of the Act, notice is hereby given
that on Thursday, July 9, 2026 at 4:00 p.m., the City Council will hold a Public Hearing
for the Annexation Territory and the levy and collection of assessments related thereto
commencing in Fiscal Year 2026/2027, or as soon thereafter as feasible. The Public
Hearing will be held at City Hall (in the City Council Chambers), which is located at 73-
510 Fred Waring Drive, Palm Desert, California, at the time so fixed. At the Public
Hearing, all interested persons shall be afforded the opportunity to hear and to be
heard.
SECTION 11. Determination of Majority Protest.
The property owner protest ballot proceeding conducted for the Annexation
Territory shall constitute the property owner’s approval or rejection of the annual levy of
assessments and assessment range formula. Property owners may return the ballot by
mail or in person to the City Clerk not later than the conclusion of the Public Hearing on
Thursday, July 9, 2026. After the close of the Public Hearing, pursuant to Section 4,
Sub-Section 4 (e) of the California Constitution, the City shall tabulate the ballots
returned to determine if majority protest exists. The ballots shall be weighted according
to the proportional financial obligation of the affected property. Majority protest exists if,
upon the conclusion of the hearing, ballots submitted in opposition to the assessment
exceed the ballots submitted in favor of the assessment.
Any interested person may file a written protest with the City Clerk prior to the
conclusion of the hearing, or having previously filed a protest, may file a written
withdrawal of that protest. A written protest shall state all grounds of objection, and
protest by a property owner shall contain a description sufficient to identify the property
owned by such property owner. At the Public Hearing, all interested persons shall be
afforded the opportunity to hear and to be heard.
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SECTION 12. Notice.
The City Clerk is hereby authorized and directed to give notice of such Public
Hearing as provided by law.
ADOPTED ON MAY 14, 2026
EVAN TRUBEE
MAYOR
Attest:
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2026-018 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 May 14, 2026, by the
following vote:
AYES: HARNIK, MORENO, NESTANDE, PRADETTO, AND TRUBEE
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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5/15/2026