HomeMy WebLinkAboutRes 2026-050
Resolution No. 2026-050
Resolution of the City Council of the City of Palm Desert, California
Ordering the Renewal of the President’s Plaza III Property and Business
Improvement District and the Levy and Collection of Assessments for Said
District for Fiscal Year 2026/2027
The City Council of the City of Palm Desert, California (hereafter referred to as the “City
Council”) hereby finds, determines, resolves and orders as follows:
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 Resolutions initiate
proceedings and order the preparation of a Management District Plan and Engineer’s
Report (hereafter referred to collectively as “Report”) in connection with the renewal of the
President’s Plaza III Property and Business Improvement District (hereafter referred to as
the “District”), and the establishment of maximum assessments to pay for the maintenance
and services of landscaping, lighting, parking lot sweeping and all appurtenant facilities
and operations related thereto; and
Whereas, the City Council, pursuant to the Act did by previous Resolution appoint
an owners’ association and this owners’ association shall cause to be prepared an annual
Report regarding the District for the City Council’s approval; and
Whereas, the City Council called and duly held a property owner protest ballot
proceeding for the District pursuant to the provisions of the Act and the California
Constitution Articles XIIIC and XIIID, for the purpose of presenting to the qualified
property owners within the District the annual levy of assessments and a maximum annual
assessment for Fiscal Years 2026/2027 through 2030/2031 for the costs and expenses
associated with and authorized for the District as outlined in the Report, including the
authority to adjust annual assessments during the five -year renewal term by an amount
ranging from zero percent (0%) to three percent (3%) per year, provided that
assessments shall not exceed the maximum assessment levels set forth in the
Management District Plan and Engineer’s Report; and,
Whereas, the protest proceeding was conducted, with ballots presented to qualified
property owners of the District for receipt by the City Clerk on July 9, 2026, weighted
according to the proportional financial obligation of the affected property, and the
tabulation of said protest ballots returned by the property owners indicated approval of the
assessment and maximum assessment allowed for Fiscal Years 2026/2027 through
2030/2031; and,
Now, therefore, be it resolved by the City Council of the City of Palm Desert, California,
as follows:
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Section 1. Recitals.
The above recitals are true and correct and are incorporated herein by this reference. The
properties included in the District renewed by this Resolution are subject to any
amendments to Part 7 of Division 18 of the California Streets and Highways Code.
Section 2. Intention to Renew District.
The City Council desires to renew the President’s Plaza III Property and Business
Improvement District and to levy annual assessments for a duration of five years pursuant
to the provisions of the Act and has previously adopted Resolution No. 2026-024, on May
14, 2026, titled “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.” A brief description of the improvements and activities to be provided by the
District includes the maintenance and services of landscaping, lighting, parking lot
sweeping and all appurtenant facilities and operations related thereto. No bonds shall be
issued by the District. The exterior boundaries of the District and a detailed list of the
maintenance and services to be provided are included in the Management District Plan
and Engineer’s Report which are on file with the City Clerk and are incorporated herein by
this reference.
Section 3. Assessments.
The City Council hereby declares pursuant to the Act and the method of apportionment
described in the Management District Plan and Engineer’s Report, that said annual
assessments shall not exceed the maximum assessment approved by the property
owners and shall commence with the first fiscal year beginning July 1, 2026 and ending
June 30, 2027 to pay the costs and expenses of operating, maintaining and servicing said
improvements located within the District. For Fiscal Years 2027/2028 through 2030/2031,
the annual assessments may be adjusted by an amount ranging from zero percent (0%) to
three percent (3%) per year, as determined in accordance with the Management District
Plan and Engineer’s Report, provided that the assessments shall not exceed the
maximum assessment levels approved by the property owners and set forth in the Report.
The assessment shall be imposed on the property owners and amount of the proposed
assessments is included in the Engineer’s Report.
Section 4. Protest Determination.
Following notice duly given, the City Council has held a full and fair Intent Meeting on May
14, 2026, and a Public Hearing on July 9, 2026, at its regular meeting place being the City
Council Chamber located at 73-510 Fred Waring Dr., Palm Desert, CA, in connection
therewith; the levy and collection of assessments, and considered all oral and written
statements, protests and communications made or filed by interested persons. The City
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Clerk has tabulated the ballots and determined that the property owners have approved
the annual levy and collection of assessments and a maximum assessment for Fiscal
Years 2026/2027 through 2030/2031 as outlined in the combined Management District
Plan and Engineer’s Report, in compliance with California Constitution Articles XIIIC and
XIIID.
Section 5. Findings.
Based upon its review of the Management District Plan and Engineer’s Report, a copy of
which has been presented to the City Council, and which has been 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 of the lands so benefited.
c) The term of the District is five years beginning in Fiscal Year 2026/2027
and ending in Fiscal Year 2030/2031 unless renewed after this time.
d) 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, 2026 and ending June 30, 2027 is $111,219.22 and 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.
e) The assessments so described in the Management District Plan and
Engineer’s Report are consistent with the assessments so approved by
the property owners within the District.
Section 6. Report Approval.
The Management District Plan, Engineer’s Report and assessments as presented to the
City Council and on file in the office of the City Clerk are hereby confirmed as filed,
including the five-year maximum assessment schedule and the annual assessment
adjustment authority of up to three percent (3%) per year for Fiscal Years 2027/2028
through 2030/2031, as set forth therein.
Section 7. Collection of Assessments.
The City Council hereby orders the proposed 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 commencing with Fiscal Year 2026/2027. The
County Auditor/Controller shall enter on the County Tax Roll opposite each parcel of land
the amount of levy, and such levies 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.
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Section 8. Restricted Use of Assessment Money.
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 Management District Plan and Engineer’s Report.
Section 9. Levy of Assessments.
The adoption of this Resolution constitutes the District levy for the Fiscal Year
commencing July 1, 2026, and ending June 30, 2027.
Section 10. Direction to City Clerk.
The City Clerk is hereby authorized and directed to file the levy with the County Auditor
upon adoption of this Resolution.
Section 11. 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. 2026-050 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, by the
following vote:
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