HomeMy WebLinkAboutRes 2025-008RESOLUTION NO. 2025-008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, DETERMINING THE VALIDITY OF PRIOR
PROCEEDINGS, FORMING THE CITY OF PALM DESERT COMMUNITY
FACILITIES DISTRICT NO. 2025-1 (SHADOW RIDGE PUBLIC
SERVICES), AUTHORIZING THE LEVY OF A SPECIAL TAX THEREIN,
ESTABLISHING AN APPROPRIATIONS LIMIT, AND TAKING CERTAIN
OTHER ACTIONS RELATING TO SAID DISTRICT
WHEREAS, the City Council of the City of Palm Desert adopted Resolution No.
2025-1 (the “Resolution of Intention”), stating its intention to form City of Palm Desert
Community Facilities District No. 2025-1 (Shadow Ridge Public Services) (the “CFD”)
pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311,
of the California Government Code (the “Act”); and
WHEREAS, the Resolution of Intention, incorporating a map of the proposed
boundaries of the CFD, and stating the services to be provided, and the rate and method
of apportionment of the special tax to be levied within the CFD to pay for the services, is
on file with the City Clerk and the provisions of the Resolution of Intention are incorporated
herein by this reference as if fully set forth herein; and
WHEREAS, on February 13, 2025, the City Council held a noticed public hearing
as required by the Act and the Resolution of Intention with respect to the proposed
formation of the CFD; and
WHEREAS, at the hearing, all interested persons desiring to be heard on all
matters pertaining to the formation of the CFD, the services to be provided therein and
the levy of such special tax were heard and a full and fair hearing was held; and
WHEREAS, at the hearing, evidence was presented to the City Council on such
matters before it, including a special report (the “Report”), attached as Exhibit C hereto
and hereby incorporated herein, prepared by, or on behalf of, the City officer who is or
will be responsible for the CFD describing the services to be provided through the CFD
and the costs thereof pursuant to the Resolution of Intention, a copy of which is on file
with the City Clerk; and
WHEREAS, no written protests have been filed with the City Clerk by 50% or more
of the property owners that own one-half or more of the area of land within the CFD, and
not exempt from the proposed special taxes.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Recitals. The City Council finds and determines that all the foregoing
recitals are true and correct and incorporated herein.
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SECTION 2. No Majority Protest. The proposed special tax to be levied within the
CFD has not been precluded by majority protest pursuant to Section 53324 of the Act.
SECTION 3. Prior Proceedings Valid. All prior proceedings taken by the City
Council in connection with the establishment of the CFD, and the levy of the special tax
have been duly considered and are hereby found and determined to be valid and in
conformity with the Act, including without limitation, the filing of a petition of a landowner
requesting institution of proceedings to establish the CFD, adoption of the Resolution of
Intention, publication of notice of public hearing on the establishment of the CFD, and
conducting the public hearing on the establishment of the CFD.
SECTION 4. Report. The Report, as now submitted is hereby approved and is
made a part of the record of the hearing, and is kept on file with the transcript of these
proceedings and open for public inspection.
SECTION 5. Name of CFD. The community facilities district designated “City of
Palm Desert Community Facilities District No. 2025-1 (Shadow Ridge Public Services)”
is hereby established pursuant to the Act.
SECTION 6. Boundaries of CFD. The boundaries of the CFD, as set forth in the
map of the CFD, on file with the City Clerk’s office and as described in the Resolution of
Intention, and recorded in the Riverside County Recorder’s Office on January 28, 2025 in
Book 95 of Maps of Assessment and Community Facilities Districts, at page 13, as
Document No. 2025-0027288 are hereby approved, are incorporated herein by reference
and shall be the boundaries of the CFD.
SECTION 7. Description of Services. The type of public services proposed to be
financed by the CFD pursuant to the Act shall consist of those items shown in Exhibit A
hereto and by this reference incorporated herein (the “Services”).
SECTION 8. Special Tax.
a. Except to the extent that funds are otherwise available to the CFD to
pay for the Services, a special tax (the “Special Tax”) sufficient to pay the costs thereof,
secured by the recordation of a continuing lien against all non-exempt real property in the
CFD, is intended to be levied annually within the CFD, and collected in the same manner
as ordinary ad valorem property taxes or in such other manner as may be prescribed by
the City Council.
b. The proposed rate and method of apportionment of the Special Tax
among the parcels of real property within the CFD are shown in Exhibit B attached hereto
and hereby incorporated herein, and include sufficient detail to allow each landowner
within the proposed CFD to estimate the maximum amount such owner will have to pay.
SECTION 9. Increased Demands. It is hereby found and determined that the
Services are necessary to meet increased demands placed upon local agencies,
including the City, as the result of development occurring in the CFD. The Services are
in addition to those provided in the territory of the CFD as of the date hereof and will not
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supplant services already available within the territory of the CFD as of the date hereof.
The City Council hereby determines the rate and method of apportionment set forth in
Exhibit B to be reasonable.
SECTION 10. Accountability Measures. Pursuant to and in compliance with the
provisions of Government Code Section 50075.1, the City Council hereby establishes the
following accountability measures pertaining to the levy by the CFD of the Special Tax
above:
c. Such Special Tax shall be levied for the specific purposes set forth
herein.
d. The proceeds of the levy of such Special Tax shall be applied only
to the specific purposes set forth herein.
e. The CFD shall establish an account or accounts into which the
proceeds of such Special Tax shall be deposited.
f. The Director of Finance, or their designee, acting for an on behalf of
the CFD, shall annually file a report with the City Council as required pursuant to
Government Code Section 50075.3.
SECTION 11. Responsible Official. The City’s Director of Finance, or designee
thereof, 73-510 Fred Waring Drive, Palm Desert, California, telephone number (760) 346-
0611, is the officer of the City who will be responsible for preparing annually a current roll
of the levy of the Special Tax obligations by assessor’s parcel number and who will be
responsible for estimating future levies of the Special Tax.
SECTION 12. Tax Lien. Upon recordation of a notice of special tax lien pursuant
to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure
each levy of the Special Tax shall attach to all nonexempt real property in the CFD, and
this lien shall continue in force and effect until the Special Tax obligation is prepaid and
permanently satisfied and the lien canceled in accordance with law or until collection of
the Special Tax by the City ceases.
SECTION 13. Appropriations Limit. In accordance with the Act, the annual
appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the
California Constitution, of the CFD is hereby preliminarily established at an amount equal
to all the proceeds of the special tax collected annually within the District, and such
appropriations limit shall be submitted to the voters of the CFD as hereafter provided. The
proposition establishing such annual appropriations limit shall become effective if
approved by the qualified electors voting thereon and shall be adjusted in accordance
with the applicable provisions of the Act and the Constitution.
SECTION 14. Election. Pursuant to the provisions of the Act, the proposed levy
of the Special Tax and the proposed establishment of the appropriations limit specified
above shall be submitted to the qualified electors of the CFD at an election, the time,
place and conditions of which election, shall be as specified by a separate resolution of
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this Council. The City Clerk is directed to certify and attest to this Resolution and to take
any and all necessary acts to call, hold, canvass, and certify an election or elections on
the levy of the Special Tax and the establishment of the appropriations limit.
SECTION 14. Effective Date. This resolution shall take effect upon its adoption.
ADOPTED ON FEBRUARY 13, 2025
JAN C. HARNIK
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2025-008 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 February 13, 2025, by
the following vote:
AYES:
NOES:
NESTANDE, PRADETTO, QUINTANILLA, AND TRUBEE
NONE
ABSENT: HARNIK
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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EXHIBIT A
CITY OF PALM DESERT
Community Facilities District No. 2025-1
(Shadow Ridge Public Services)
DESCRIPTION OF SERVICES
The services to be funded, in whole or in part, by the community facilities district (the
"CFD") include, but are not limited to: (i) police protection and related services of the City
of Palm Desert required to sustain the public safety service delivery capability for
emergency and non-emergency services including related facilities, equipment, vehicles,
services, supplies and personnel; (ii) Fire protection and suppression services, and
ambulance and paramedic services; (iii) maintenance and lighting of parks, parkways,
streets, roads and open space; (iv) flood and storm protection services; and (v) other
public services authorized to be funded under Section 53313 of the California
Government Code.
The District may fund any of the following related to the services described in the
preceding sentence: obtaining, constructing, furnishing, operating and maintaining
equipment, apparatus or facilities related to providing the services and/ or equipment,
apparatus, facilities or fixtures in areas to be maintained, paying the salaries and benefits
of personnel necessary or convenient to provide the services, payment of insurance costs
and other related expenses and the provision of reserves for repairs and replacements
and for the future provision of services. It is expected that the services will be provided by
the City, either with its own employees or by contract with third parties, or any combination
thereof.
The services to be financed by the District are in addition to those provided in the territory
of the District before the date of creation of the District, and will not supplant services
already available within that territory when the District is created.
Administrative Expenses: The administrative expenses to be funded by the District
include the direct and indirect expenses incurred by the City in carrying out its duties with
respect to the District (including, but not limited to, the levy and collection of the special
taxes) including the fees and expenses of attorneys, any fees of the County of Riverside
related to the District or the collection of special taxes, an allocable share of the salaries
of the City staff directly related thereto and a proportionate amount of the City's general
administrative overhead related thereto, any amounts paid by the City from its general
fund with respect to the District or the services authorized to be financed by the District,
and expenses incurred by the City in undertaking action to foreclose on properties for
which the payment of special taxes is delinquent, and all other costs and expenses of the
City in any way related to the District.
Other: The incidental expenses that may be funded by the District include, in addition to
the administrative expenses identified above, the payment or reimbursement to the City
of all costs associated with the establishment and administration of the District.
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EXHIBIT B
CITY OF PALM DESERT
Community Facilities District No. 2025-1
(Shadow Ridge Public Services)
RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX
For the City of Palm Desert Community Facilities District No.
2025-1 (Shadow Ridge Public Services), County of Riverside,
State of California
The Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels within
the City of Palm Desert Community Facilities District No. 2025-1 (Shadow Ridge Public
Services), (“CFD 2025-1”), other than Assessor’s Parcels classified as Exempt Property
as defined herein and collected each Fiscal Year commencing in Fiscal Year 2025-26, in
an amount determined by the CFD Administrator through the application of the
procedures described below. All the real property within CFD 2025-1, unless exempted
by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in
the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Act” means the Mello-Roos Communities Facilities Act of 1982 as amended, being
Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means the following actual or reasonably estimated
expenses related to the administration of CFD 2025-1: (i) the costs of determining the
amount of the levy of the Special Tax, the collection of Special Taxes, including the
expenses of collecting delinquencies and pursuing foreclosures; (ii) the payment of a
proportional share of salaries and benefits of any City employee and City overhead whose
duties are directly related to the administration of CFD 2025-1; (iii) fees and expenses for
counsel, audits, costs associated with responding to public inquiries regarding CFD 2025-
1; and (iv) any and all other costs incurred in connection with the administration of CFD
2025-1.
“Annual Escalation Factor” means two percent (2%).
“Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an
assigned assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County
designating parcels by assessor’s parcel number.
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“Base Year” means the first year that any Assessor’s Parcel of Taxable Property is
classified as Developed Property.
“Building Permit” means a permit issued for new construction of a Residential Unit. For
purposes of this definition, “Building Permit” shall not include permits for construction or
installation of retaining walls, grading, utility improvements, or other such improvements
not intended for human habitation.
“Certificate of Occupancy” means a document issued by the City certifying that a newly
constructed Residential Unit complies with all applicable codes and ordinances and that
it is suitable and safe for occupancy.
“CFD Administrator” means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and providing for the levy and collection of the
Special Tax for CFD 2025-1.
“CFD 2025-1” means City of Palm Desert Community Facilities District No. 2025-1
(Shadow Ridge Public Services) established by the City Council under the Act.
“City” means the City of Palm Desert.
“City Council” means the Council of the City of Palm Desert, acting as the legislative
body of CFD 2025-1.
“County” means the County of Riverside.
“Developed Property” means an Assessor’s Parcel of Taxable Residential Property for
which a Certificate of Occupancy was issued on or before June 1 preceding the Fiscal
Year for which the Special Tax is being levied.
“Exempt Property” means all Assessor’s Parcels within CFD 2025-1 that are exempt
from the Special Tax pursuant to the Act or Section F herein.
“Fiscal Year” means the period commencing on July 1 of any year and ending the
following June 30.
“Land Use Type” means any of the land use types listed in Table 1 below.
“Maximum Special Tax” means the maximum Special Tax determined in accordance
with Section C, which may be levied in any Fiscal Year on an Assessor’s Parcel of
Taxable Property.
“Property Owner Association Property” means for each Fiscal Year any property
within the boundaries of CFD 2025-1 that was owned by, or irrevocably dedicated as
indicated in an instrument recorded with the County Recorder to a property owner
association, including any master or sub-association, as of June 1.
“Proportionately” means in a manner such that the ratio of the actual Special Tax levy
to the Maximum Special Tax is equal for all Assessor’s Parcels within each Land Use
Class.
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“Public Property” means any property that is owned by, dedicated or irrevocably
dedicated to a city, the federal government, the State of California, the County, or any
other public agency (each, a “Public Entity”); provided, however, that any such property
is leased by such a Public Entity to a private entity and is thereby subject to taxation
pursuant to Section 53340.1 of the Act, such leasehold estate shall be classified and
taxed according to the use thereof.
“Public Services” means those authorized services that may be funded by CFD 2025-
1 pursuant to the Act, as amended including but not limited to police protection services,
fire protection services, paramedic services, park maintenance, street maintenance and
flood control.
“Residential Property” means Assessor’s Parcels of Developed Property within CFD
2025-1 for which a Building Permit has been issued for purposes of constructing one or
more Residential Unit(s).
“Residential Unit” means any residence in which a person or persons may live, which
is not considered to be used for non-residential purposes.
“Special Tax” means the special tax authorized to be levied within CFD 2025-1 pursuant
to the Act, to fund the Special Tax Requirement.
“Special Tax Requirement” means the amount, as determined by the CFD
Administrator, for any Fiscal Year to: (i) pay the costs of providing the Public Services
during such Fiscal Year, (ii) pay Administrative Expenses associated with the Special
Tax, (iii) establish or replenish any operational reserve fund established for Public
Services, (iv) pay incidental expenses related to the Public Services as authorized
pursuant to the Act, (v) fund an amount equal to a reasonable estimate of delinquencies
expected to occur in the Fiscal Year in which the Special Tax will be levied (“Estimated
Special Tax Delinquency Amount”) and (vi) fund the shortfall, if any, in the Special Tax
revenues collected in the preceding Fiscal Year necessary to fund the Special Tax
Requirement for such Fiscal Year where such shortfall resulted from delinquencies in the
payment of the Special Tax in such Fiscal Year that exceeded the Estimated Special Tax
Delinquency Amount included in the Special Tax Requirement for such Fiscal Year.
“Taxable Property” means all Assessor’s Parcels that are not exempt from the Special
Tax pursuant to the Act or Section F.
“Undeveloped Property” means an Assessor’s Parcel of Taxable Property which is not
classified as Developed Property.
B. CLASSIFICATION OF ASSESSOR’S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2025-26, using the definitions above, each
Assessor’s Parcel within CFD 2025-1 shall be classified by the CFD Administrator as
Taxable Property or Exempt Property. In addition, each such Fiscal Year, each
Assessor’s Parcel of Taxable Property shall be further classified by the CFD Administrator
as Developed Property or Undeveloped Property and subject to the levy of the Special
Tax pursuant to Section C below.
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C. SPECIAL TAX RATES
1.Developed Property
Each Fiscal Year commencing in Fiscal Year 2025-26, each Assessor’s Parcel of
Developed Property shall be subject to the Special Tax.
The initial Maximum Special Tax for each Assessor’s Parcel of Developed Property
in its Base Year shall be $2,200.
For each subsequent Fiscal Year following the Base Year, the Maximum Special
Tax rates shall be increased from the Maximum Special Tax rate in effect for the
prior Fiscal Year by the Annual Escalation Factor.
2.Undeveloped Property
Each Assessor’s Parcel classified as Undeveloped Property shall be exempt from
the levy of the Special Tax.
3.Exempt Property
No Special Tax shall be levied on Exempt Property as defined in Section F.
For each Fiscal Year, if the use or ownership of an Assessor’s Parcel or Exempt
Property changes so that such Assessor’s Parcel is no longer classified as one of
the uses set forth in Section F, therefore making such Assessor’s Parcel no longer
eligible to be classified as Exempt Property, such Assessor’s Parcel shall be
deemed to be Taxable Property and shall be taxed pursuant to the provisions of
Section C.
D.METHOD OF APPORTIONMENT OF SPECIAL TAX
Commencing in Fiscal Year 2025-26 and for each subsequent Fiscal Year, the CFD
Administrator shall levy the Special Tax on all Taxable Property of CFD 2025-1 until the
total amount of Special Tax levied equals the Special Tax Requirement. The Special Tax
shall be levied Proportionately on each Assessor’s Parcel of Developed Property within
CFD 2025-1 up to 100% of the Maximum Special Tax to satisfy the Special Tax
Requirement.
Notwithstanding any provision of this Section D to the contrary, under no circumstances
will the Special Tax levied against any Assessor’s Parcel of Developed Property that is
classified as Residential Property be increased by more than ten percent (10%) per Fiscal
Year as a consequence of delinquency or default in the payment of the Special Tax by
the owner of any other Assessor’s Parcel.
E. PREPAYMENT OF SPECIAL TAX
The Special Tax for an Assessor’s Parcel of Undeveloped Property that has been issued
a Building Permit or for an Assessor’s Parcel of Developed Property may be prepaid. The
prepayment amount shall be the lesser of (i) $66,000 or (ii) the Maximum Special Tax
that will be in effect the following Fiscal Year times the number of Fiscal Years remaining
in the 30-year period defined in Section I below.
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F.EXEMPTIONS
The City Council shall classify as Exempt Property: (i) Public Property, (ii) Property Owner
Association Property, (iii) Assessor’s Parcels with public or utility easements making
impractical their utilization for other than the purposes set forth in the easement, including
but not limited to property designated for open space, trails, pathways, parks or park and
recreation related facilities, and (iv) property reasonably designated by the City or CFD
Administrator as Exempt Property due to deed restrictions, conservation easement, or
similar factors.
G. APPEALS
Any property owner claiming that the amounts or application of the Special Tax is not
correct may file a written notice of appeal with the CFD Administrator not later than twelve
months after having paid the first installment of the Special Tax. The CFD Administrator
shall promptly review the appeal, and if necessary, meet with the property owner,
consider written and oral evidence regarding the amount of the Special Tax, and rule on
the appeal. If the decision of the CFD Administrator requires that the Special Tax for an
Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund
shall not be made but an adjustment shall be made to the Special Tax on that Assessor’s
Parcel in the subsequent Fiscal Year(s) to compensate for the overpayment of the Special
Tax.
H.MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary
ad valorem property taxes, provided, however, that the Special Tax may be billed and
collected at a different time or in a different manner if necessary to meet the financial
obligations of CFD 2025-1.
I. DURATION OF TAX
For each Residential Unit, the Special Tax shall be levied for a cumulative 30-year period
to fund the Special Tax Requirement unless such tax is no longer required as determined
by the City Council.
J.INTERPRETATION
The City may interpret, clarify, and revise this Rate and Method to correct any
inconsistency, vagueness, or ambiguity, by resolution and/or ordinance, that does not
create a material adverse effect on the levy and collection of the Special Tax.
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EXHIBIT C
CITY OF PALM DESERT
Community Facilities District No. 2025-1
(Shadow Ridge Public Services)
CFD REPORT
(see attached)
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