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
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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.
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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.
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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
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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
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7/10/2026