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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: Docusign Envelope ID: AC90CCAC-DAC5-8F0D-8193-BAE92A58F97D Resolution No. 2026-050 Page 2 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 Docusign Envelope ID: AC90CCAC-DAC5-8F0D-8193-BAE92A58F97D Resolution No. 2026-050 Page 3 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. Docusign Envelope ID: AC90CCAC-DAC5-8F0D-8193-BAE92A58F97D Resolution No. 2026-050 Page 4 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 Docusign Envelope ID: AC90CCAC-DAC5-8F0D-8193-BAE92A58F97D Resolution No. 2026-050 Page 5 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 Docusign Envelope ID: AC90CCAC-DAC5-8F0D-8193-BAE92A58F97D 7/10/2026