HomeMy WebLinkAboutRes 2025-009RESOLUTION NO. 2025-009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF THE CITY OF PALM DESERT COMMUNITY
FACILITIES DISTRICT NO. 2025-1 (SHADOW RIDGE PUBLIC
SERVICES) DECLARING THE RESULTS OF A SPECIAL LANDOWNER
ELECTION RELATING TO THE LEVY OF A SPECIAL TAX THEREIN AND
THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT
WHEREAS, the City Council of the City of Palm Desert has adopted a Resolution
entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT
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” (the “Resolution of Formation”), ordering the
formation of the “City of Palm Desert Community Facilities District No. 2025-1 (Shadow
Ridge Public Services)” (the “CFD”), authorizing the levy of a special tax on property
within the CFD and preliminarily establishing an appropriations limit for the CFD, all
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, under the provisions of the Resolution of Formation and pursuant to
a resolution calling a special election (the “Election Resolution”) heretofore a dopted by
the City Council, the propositions of the levy of the special tax and the establishment of
the appropriations limit were submitted to the qualified electors of the CFD as required by
the provisions of the Act; and
WHEREAS, the landowners of record within the CFD, as of close of the public
hearing held on February 13, 2025, unanimously consented to a waiver of the time limits
for setting the lection and a waiver of any written analysis, arguments or rebuttals as set
forth in the Act. Such waivers are set forth in written certificated executed by the
landowners which are on file with the City Clerk, as the election official concurring therein;
and
WHEREAS, pursuant to the terms of the Election Resolution, which are by this
reference incorporated herein, the special election has been held and the City Clerk has
certified to a Canvass and Statement of Results of Election (the “Canvass”), a copy of
which is attached hereto as Exhibit A; and
WHEREAS, the City Council has been informed of the Canvass, find s it
appropriate and wishes to complete its proceedings for the CFD.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT,
ACTING AS LEGISLATIVE BODY OF THE CITY OF PALM DESERT COMMUNITY
Docusign Envelope ID: 3D668D33-E0F5-45B5-B34F-1FD55A13A8ED
Resolution No. 2025-009 Page 2
FACILITIES DISTRICT NO. 2025-1 (SHADOW RIDGE PUBLIC SERVICES) 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.
SECTION 2. Issues Presented. The issues presented at the special election were
the levy of a special tax within the CFD and the approval of establishing an annual
appropriations limit at an amount equal to all the proceeds of the special tax collected
annually within the District, all pursuant to the Resolution of Formation.
SECTION 3. Canvass and Issues Approved. The City Council hereby approves the
Canvass of the special election held February 13, 2025 and finds that it shall be a
permanent part of the record of its proceedings for the CFD. Pursuant to the Canvass,
the issues presented at the special election were approved by the qualified electors of the
CFD by more than two-thirds of the votes cast at the special election.
SECTION 4. Proceedings Approved. Pursuant to the voter approval, the CFD is
hereby declared to be fully formed with the authority to levy the special taxes and to have
the established appropriations limit, all as heretofore provided in these proceedings and
in the Act. It is hereby found that all prior proceedings and actions taken by the City
Council with respect to the CFD were valid and in conformity with the Act. The City
Council is hereby authorized to take the necessary steps to levy the authorized special
tax on property within the CFD.
SECTION 5. Notice of Tax Lien. The City Clerk, or designee, is hereby di rected
to complete, execute and cause to be recorded in the office of the County Recorder of
the County of Riverside a notice of special tax lien in the form required by the Act, such
recording to occur no later than fifteen (15) days following adoption of this resolution by
the City Council.
SECTION 6. Accountability. 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:
a. Such special tax shall be levied for the specific purposes set forth the
issues presented voters and described herein.
b. The proceeds of the levy of such special tax shall be applied only to
the specific purposes set forth in the issues presented to voters and described herein.
c. The CFD shall establish an account or accounts into which the
proceeds of such special tax shall be deposited.
d. 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
Docusign Envelope ID: 3D668D33-E0F5-45B5-B34F-1FD55A13A8ED
Resolution No. 2025-009 Page 3
SECTION 7. Effective Date. The City Clerk shall certify the adoption of this
Resolution. 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. 2025-009 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: NESTANDE, PRADETTO, QUINTANILLA, AND TRUBEE
NOES: 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
Docusign Envelope ID: 3D668D33-E0F5-45B5-B34F-1FD55A13A8ED
2/18/2025
Resolution No. 2025-009 Page 4
EXHIBIT A
CERTIFICATE OF ELECTION OFFICIAL
REGARDING
CANVASS AND STATEMENT OF RESULTS OF ELECTION
The undersigned, Election Official of the CITY OF PALM DESERT COMMUNITY
FACILITIES DISTRICT NO. 2025-1 (SHADOW RIDGE PUBLIC SERVICES) (the
“CFD”), located in the County of Riverside, State of California, does hereby certify that
pursuant to the provisions of Section 53326 of the California Government Code, I did
canvass the returns of the votes cast at the
SPECIAL ELECTION for the CFD held on February 13, 2025.
I further certify that this Canvass and Statement of Results of Election shows the whole
number of votes cast in the CFD for or against the proposition is complete, true and
correct.
NUMBER OF ELIGIBLE VOTES: 18
VOTES CAST ON PROPOSITION A: ___________________ YES
NO _____________________
WITNESS my hand this 13th day of February 2025.
___________________________________
City Clerk, as Elections Official
CITY OF PALM DESERT COMMUNITY
FACILITIES DISTRICT NO. 2025-1 (SHADOW
RIDGE PUBLIC SERVICES)
Docusign Envelope ID: 3D668D33-E0F5-45B5-B34F-1FD55A13A8ED