HomeMy WebLinkAboutRes 2026-024Resolution No. 2026-024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, DECLARING THE CITY’S INTENTION TO
RENEW THE PRESIDENT’S PLAZA III PROPERTY AND BUSINESS
IMPROVEMENT DISTRICT AND TO LEVY AND COLLECT
ASSESSMENTS THEREIN, AND TO CALL FOR AN ASSESSMENT
BALLOT PROCEEDING TO SUBMIT, TO QUALIFIED PROPERTY
OWNERS WITHIN SUCH DISTRICT, THE QUESTION OF LEVYING
ASSESSMENTS FOR SUCH DISTRICT, COMMENCING FISCAL YEAR
2026/2027
Whereas, the City Council, pursuant to the provisions of the 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”), did, by previous resolution, initiate
proceedings for the formation of the President’s Plaza III Property and Business
Improvement District (hereafter referred to as the “District”); and
Whereas, written petitions have been submitted by District property owners
requesting the City Council to initiate proceedings pursuant to the Act to renew the District
for a five year renewal term; and
Whereas, such petitions were signed by property owners owning property within
the boundaries of the District who will pay more than 50% of the assessments proposed
to be renewed and levied; and
Whereas, the Act authorizes the levy and collection of assessments on real
property within the District for the purpose of providing improvements and promoting
activities that specially benefit real property within the District; and
Whereas, article XIII D of the California Constitution and section 53753 of the
California Government Code impose certain procedural and substantive requirements
relating to the levy of new or increased assessments; and
Whereas, no real properties deriving special benefit within the District will be
exempted from payment of the assessments; and
Whereas, pursuant to the provisions of the Act, a Management District Plan
(hereafter referred to as the “Plan”) and an Engineer’s Report (hereafter referred to as
the “Report”) for the District, which are combined into a single report, and which contain
a full-and-detailed description of improvements and services, the boundaries of the
District, the estimated costs of improvements and services, and the proposed
assessments upon assessable lots and parcels within the District, have been prepared
and submitted to the City Clerk, presented to the City Council, and incorporated herein
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Resolution No. 2026-024 Page 2
by reference; and
Whereas, the City Council now desires to renew the District for an additional five
year period pursuant to the Act.
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. Intention to Renew District.
The City Council hereby declares its intention to renew the District for a period of
five years and to levy and collect assessments within the District, pursuant to the Act, to
pay the annual costs of the services and improvements that are described in the Plan and
Report. If renewed, assessments shall be levied on parcels within the District
commencing Fiscal Year 2026-27 and each fiscal year thereafter not to exceed five years.
SECTION 3. The Plan and Report are Approved.
The City Council hereby approves the Plan and Report, on file with the City Clerk
and such documents shall be available for public inspection and review during normal
business hours.
SECTION 3. Call for Assessment Ballot Proceeding.
The City Council hereby calls for an assessment ballot proceeding, on behalf of
the District, to authorize the levy of assessments for a five-year term on the properties
within the District, pursuant to the provisions of California Constitution article XII I D.
SECTION 4. Assessment Ballot Process.
The assessment ballot proceeding to authorize the levy of assessments within the
District will consist of a ballot and a notice that are distributed together, by mail, to the
property owners of record within the District following the adoption of this Reso lution, in
accordance with the provisions of California Constitution article XIII D, Section 4, and
California Government Code Section 53753. 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
on July 9, 2026. The Public Hearing will be scheduled to begin on Thursday, July 9, 2026,
at 4:00 p.m., at the City Council Chambers, 73 -510 Fred Waring Drive, Palm Desert. At
the close of the Public Hearing, the City Clerk will authorize Willdan Financial Services to
open and count the ballots to determine if a majority protest exists. The ballots will be
weighted according to the proportional financial obligation of the affected property. If,
upon the conclusion of the hearing, the ballots submitted in opposition to the assessment
exceed the ballots submitted in favor of the assessment, then a majority protest will exist
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and the District cannot be renewed.
SECTION 5. District Boundaries.
The District will consist of all parcels located in the commercial business area
known as the President's Plaza Ill within the City of Palm Desert, the County of Riverside,
and the State of California. The territory of the proposed District is generally lo cated south
of Palm Desert Drive at Highway 111, north of El Paseo, west of Sage Lane, and east of
Old Highway 74. It also includes the Palm Desert Parking Lot, which is a lease parcel to
the City of Palm Desert that is located south of Highway 111, east of New Highway 74,
and west of Old Highway 74, as described in the Plan and Report, which are incorporated
herein by reference. The proposed District will be designated as the “President’s Plaza
III Property and Business Improvement District.” The boundary of the District is also
demonstrated by map in the Plan and Report which is on file in the City Clerk’s office.
SECTION 6. Description of Services and Improvements.
The improvements and activities within the District include maintenance of parking
lot landscaped areas, maintenance and operation of parking lot lighting facilities, debris
removal, and maintenance of parking lot surface areas. These improvements and
activities are more specifically described in the Plan and Report, which is attached hereto
and incorporated herein by reference. All proposed improvements and activities specially
benefit the property owners located within the District.
SECTION 7. Proposed Assessment Amounts.
The proposed assessments and the assessment range formula are shown, in
detail, in the Plan and Report. Assessments are imposed and levied on property owners
within the District. No bonds will be issued.
SECTION 8. Notice of Public Hearing.
The City Council hereby declares its intention to conduct a Public Hearing on the
renewal of the District and the levy and collection of assessments for the District beginning
Fiscal Year 2026-27, in accordance with the provisions of California Constitution article
XIII D, Section 4, and Government Code Section 53753. Notice is hereby given that a
Public Hearing on these matters will be scheduled to begin on July 9, 2026 at 4:00 p.m.,
in the City Council Chambers, which are located at 73-510 Fred Waring Drive, Palm
Desert. At the public hearing, the City Council will consider all objections or protests, if
any, to the proposed renewal of the District and the proposed assessment. Any interested
person may present written or oral testimony at the public heari ng. At the conclusion of
the public testimony portion of the public hearing, the City Clerk shall open and tabulate
all ballots received and not withdrawn at that time. Results of the ballot procedure will be
announced, and, provided a weighted majority in opposition to the District renewal does
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not occur, the City Council may then renew the District by adopting a resolution to that
effect.
SECTION 9. Notice.
The City Clerk is hereby authorized and directed to give notice of the public hearing
as provided in Section 53753 of the Government Code and Article XIII D, Section 4 of the
California Constitution.
SECTION 10. Effective Date.
This Resolution shall be effective immediately upon its adoption.
ADOPTED ON MAY 14, 2026.
EVAN TRUBEE
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. 2026-024 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