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HomeMy WebLinkAboutRes 2026-049 Resolution No. 2026-049 A Resolution of the City Council of the City of Palm Desert, California, Confirming the Annexation of Parcels within Tract 31377 – Corte Placitas to the Consolidated Palm Desert Landscaping and Lighting District No. 1 (Zone #6 – Hovley Lane), the Diagram and Assessments Related Thereto, Overruling All Protests Concerning the Assessments, and Ordering the Levy and Collection of Assessments for Fiscal Year 2026/2027 Whereas, the City Council has by previous Resolutions initiated proceedings and declared its intention for the annexation of territory identified as Tract 31377 – Corte Placitas (hereafter referred to as “Annexation Territory”), into Zone #6 (Hovley Lane) of the Consolidated Palm Desert Landscaping and Lighting District No. 1 (hereinafter referred to as the “District”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (hereinafter referred to as the “Act”) to pay the costs and expenses for the ongoing maintenance, operation and servicing of the landscaping and lighting improvements and appurtenant facilities related thereto , and Whereas, the Assessment Engineer of Work has prepared a budget in connection with the Annexation Territory and the levy of annual assessments connected therewith and has determined that the estimated maximum annual special benefit expenses (amount balloted) to assist with maintaining the improvements in the District, specifically Zone #6, would be $10,141.20 for Fiscal Year 2026/2027. This cost being apportioned to the parcel(s) therein according to the method of apportionment established for the District results in a maximum assessment rate of $507.06 per Equivalent Benefit Unit for Fiscal Year 2026/2027, and beginning in Fiscal Year 2027/2028, the maximum assessment rate shall be subject to an annual inflationary adjustment pursuant to the Assessment Range Formula set forth in the Engineer’s Report. The annual adjustment shall be based on the Consumer Price Index (“CPI”) for All Urban Consumers for the Riverside-San Bernardino-Ontario area, as published by the U.S. Department of Labor, Bureau of Labor Statistics, or any successor or comparable index approved by the City Council if such index is revised or discontinued; provided, however, that the annual adjustment shall not exceed three percent (3.0%) in any fiscal year as identified in the Engineer’s Report, and Whereas, the improvements installed and constructed are maintained by the City as part of the District, and Whereas, the Assessment Engineer of Work has incorporated said Annexation Territory along with the levy of annual assessments and Assessment Diagram connected therewith into the annual Engineer’s Report prepared in connection with the District for Fiscal Year 2027/2028, and said Report is incorporated herein by reference and shall be filed with the City Clerk pursuant to Section 22623 of the Act, and Docusign Envelope ID: AC90CCAC-DAC5-8F0D-8193-BAE92A58F97D Resolution No. 2026-049 Page 2 Whereas, the City Council desires to levy and collect assessments against parcels of land within the Annexation Territory for the fiscal year commencing July 1, 2026, and ending June 30, 2027 (Fiscal Year 2026/2027), to pay the costs and expenses of the ongoing operation, maintenance, and servicing of improvements determined to be of special benefit to the properties within the Annexation Territory, and all appurtenant facilities related thereto , and Whereas, the City Council has conducted a property owner protest ballot proceeding for the Annexation Territory assessments proposed to be levied commencing Fiscal Year 2026/2027 as described herein, and majority protest of the assessments did not exist pursuant to the provisions of the California Constitution Article XIII D (hereinafter referred to as the “Constitution”). 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. Section 2. Protest Determination. Following notice duly given, the City Council has held a full and fair Public Hearing regarding the Annexation Territory, the levy and collection of assessments, and by Resolution, approved the proposed assessments prepared in connection therewith; and has considered all oral and written statements, protests and communications made or filed by interested persons. The City Council in accordance with the provisions of the Constitution has determined that a majority protest does not exist for the annexation of properties identified as the Annexation Territory or the assessments so presented. Section 3. Findings. Based upon its review of the facts presented, the City Council hereby finds and determines that: a) The land within the Annexation Territory will receive special benefit from the operation, maintenance, and servicing of improvements to be provided by the City as part of the District. b) The Annexation Territory includes all of the lands receiving such special benefit. c) The net amount to be assessed upon the lands within the Annexation Territory has been apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services to be provided commencing with Fiscal Year 2026/2027. Docusign Envelope ID: AC90CCAC-DAC5-8F0D-8193-BAE92A58F97D Resolution No. 2026-049 Page 3 Section 4. Improvements. The City Council hereby orders the continuous maintenance of improvements in the Annexation Territory. Said improvements include but are not limited to the maintenance, operation, and incidental expenses related to street lighting and the landscaped areas associated with the parcels of land within the Annexation Territory that may include, but are not limited to: turf; ground cover ; shrubs and trees; irrigation systems; decorative lighting; water features; entry monuments; drainage systems; hardscapes; and associated appurtenances connected with the public right-of-way, public easements and facilities designated and to be maintained by the City in connection with the special benefit received by parcels of land within the Annexation Territory. The cost of providing such improvements generally include, but are not limited to all materials, equipment, utilities, labor, and incidental expenses including administrative expenses for the regular annual maintenance as authorized by the Act. Detailed maps and descriptions of the location and extent of the specific improvements to be maintained for the Annexation Territory are on file in the Public Works Department of the City of Palm Desert and by reference these plans, and specifications are made part of this Resolution and the Engineer’s Report prepared in connection with these proceedings. Section 5. Collection of Assessments. The County Auditor/Controller of Riverside County (hereafter referred to as the “County”) will enter on the County Assessment Roll, opposite each eligible parcel of land, the amount of the levy so described in the Engineer’s Report for the Annexation Territory known as Tract 31377 to Zone #6 of the District. 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. Assessment Range Formula. The City Council hereby approves and incorporates by reference the Assessment Range Formula described in the Engineer’s Report, including the annual CPI adjustment for the Annexation Territory commencing in Fiscal Year 2027/2028, subject to the three percent (3.0%) annual cap. Section 7. Restricted Use of Assessment Money. The City Treasurer will deposit all money representing assessments that the County has collected for the Annexation Territory to the credit of a fund for Tract 31377 of the District. This money will be expended only for the maintenance, operation, and servicing of the landscaping, lighting, and appurtenant facilities that are describe d in the Engineer’s Report and generally outlined within Section 4 of this Resolution. Docusign Envelope ID: AC90CCAC-DAC5-8F0D-8193-BAE92A58F97D Resolution No. 2026-049 Page 4 Section 8. Annexation Approval. The adoption of this Resolution constitutes the annexation of Tract 31377 generally located along Hovley Lane West, east of Monterey Avenue, west of Portola Avenue and includes the twenty (20) parcels facing Corte Placitas (the “Annexation Territory”) to Zone #6 of the District, the boundaries of which shall be contained in the Assessment Diagram for the District; the establishment of the maximum assessment rate and assessment range formula connected therewith; and the assessments for the fiscal year commencing July 1, 2026 and ending June 30, 2027, based on the results of the protest ballots received from the property owners of record as part of the majority protest ballot proceeding conducted for the Annexation Territory. The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the City Council’s approval of the annexation of the parcels within Tract 31377 to Zone #6 (Hovley Lane) of the Consolidated Palm Desert Landscaping and Lighting District No. 1 ; the adoption and confirmation of the Assessment Diagram; and the establishment of the maximum assessment rates, assessment range formula, and the assessments contained in the Engineer’s Report. Section 9. Effective Date. This resolution shall become effective immediately upon its adoption. Adopted on July 9, 2026. Evan Trubee Mayor ATTEST: Anthony J. Mejia City Clerk Docusign Envelope ID: AC90CCAC-DAC5-8F0D-8193-BAE92A58F97D Resolution No. 2026-049 Page 5 I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2026-049 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 July 9, 2026. Ayes: Harnik, Moreno, Nestande, Pradetto, and Trubee Noes: None Absent: None Abstained: 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: AC90CCAC-DAC5-8F0D-8193-BAE92A58F97D 7/10/2026