HomeMy WebLinkAbout24704RESOLUTION NO. 24704
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DECLARING THE
RESULTS OF A SPECIAL ANNEXATION LANDOWNER
ELECTION, DETERMINING VALIDITY OF PRIOR
PROCEEDINGS, AND DIRECTING THE RECORDING OF
AN AMENDMENT TO NOTICE OF SPECIAL TAX LIEN FOR
ANNEXATION NO. 23, LIVING OUT, TRACT MAP NO.
37602, INTO COMMUNITY FACILITIES DISTRICT NO.
2005-1 (PUBLIC SAFETY SERVICES).
WHEREAS, under the Mello -Roos Community Facilities Act of 1982 (Sections
53311 and following, California Government Code; hereafter referred to as the "Act"), the
City Council of the City of Palm Springs (the "City") previously conducted proceedings to
establish the City of Palm Springs Community Facilities District No. 2005-1 (Public Safety
Services) (the "District"); and
WHEREAS, in proceedings conducted by this City Council pursuant to the Act, this
City Council has adopted a Resolution entitled "A Resolution of the City Council of the
City of Palm Springs, California, Authorizing Annexation No. 23, Living Out, Tract Map
No. 37602, into Community Facilities District No. 2005-1 (Public Safety Services),
Authorizing the Levy of a Special Tax, and Submitting the Levy of Special Tax to Qualified
Electors," (the "Resolution of Annexation"), which called for a special election of the
qualified landowner electors in the territory of land proposed to be annexed to the District;
and
WHEREAS, pursuant to the terms of the Resolution of Annexation, which is by this
reference incorporated herein, the special election has been held and the City Clerk has
on file a Canvass and Statement of Results of Election, (the "Canvass") a copy of which
is attached hereto as Exhibit A; and
WHEREAS, this City Council has been informed of the Canvass, finds it
appropriate, and wishes to complete its proceedings for the annexation of territory into
the District.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, HEREBY
RESOLVES, DETERMINES, AND APPROVES AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. The issue presented at the special election was the levy of a special
tax within the territory annexed to the District, to be levied in accordance with the formula
heretofore approved by this City Council, all as described in Resolution No. 24668,
entitled "A Resolution of the City Council of the City of Palm Springs, California, Declaring
its Intention to Annex Territory into a Community Facilities District and to Authorize the
Resolution No. 24704
Page 2
Levy of Special Taxes for City of Palm Springs Community Facilities District No. 2005-1,
(Public Safety Services), Annexation No. 23, Living Out, Tract Map No. 37602," adopted
by this City Council on November 6, 2019.
SECTION 3. Pursuant to the Canvass on file with the City Clerk, the issue
presented at the special election was approved by the landowners of the territory annexed
to the District by more than two-thirds (2/3) of the votes cast at the special election.
SECTION 4. Pursuant to the voter approval, the annexed territory is hereby
declared to be fully annexed to and part of the District and this City Council may levy
special taxes therein as heretofore provided in these proceedings.
SECTION 5. It is hereby found that all prior proceedings and actions taken by this
City Council with respect to the District and the territory annexed thereto were valid and
in conformity with the Act.
SECTION 6. Within 15 days of the date of adoption hereof, the City Clerk shall
execute and cause to be recorded in the office of the County Recorder of the County of
Riverside, an Amendment to Notice of Special Tax Lien, as required by Section 3117.5
of the California Streets and Highways Code.
SECTION 7. This Resolution shall take effect upon its adoption.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 9th DAY OF JANUARY 9, 2020.
DAVID H. READY, C
ATTEST:
d
'rL
AN NY J. M MM
CITY CLERK
Resolution No. 24704
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 24704 is a full, true and correct copy as was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on the 9th day of January, 2020,
by the following vote:
AYES: Councilmembers Garner, Middleton, Mayor Pro Tern Holstege, and
Mayor Kors
NOES: None
ABSENT: None
ABSTAIN: None
RECUSED: Councilmember Woods
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this 114- day of
HONY J ME M
CITY CLER
Resolution No. 24704
Page 4
EXHIBIT A
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 23
LIVING OUT, TRACT MAP NO. 37602
CANVASS AND STATEMENT OF RESULT OF ELECTION
I hereby certify that on January 9, 2020, 1 canvassed the returns of the election held on
January 9, 2020, for the City of Palm Springs Community Facilities District No. 2005-1
(Public Safety Services) Annexation No. 23, and the total number of votes cast in such
election and the total number of votes cast for and against the measure are as follows
and the totals as shown for and against the measure are full, true and correct:
Qualified
Landowner
Votes
Votes
Votes
Votes
Cast
YES
NO
City of Palm Springs Community
Facilities District No. 2005-1 (Public
Safety Services) Annexation No. 23
9
Special Tax Election, January 9, 2020
BALLOT MEASURE: Shall the City of Palm Springs, by and for its
Community Facilities District No. 2005-1 (Public Safety Services) (the
"CFD"), be authorized to annually levy a special tax within the territory
identified as Annexation No. 23 to the CFD in accordance with the rate and
method of apportionment described in the Resolution of Intention adopted
by the City Council of the City of Palm Springs on November 6, 2019, and
shall the annual appropriations limit of the CFD be established in an amount
equal to the proceeds of the special tax collected annually?
Yes:
No:
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND ON JANUARY 9, 2020.
By:
ANTHONY J. MEJIA, MMC
CITY CLERK
RECORDING REQUESTED BY AND
AFTER RECORDATION RETURN TO:
City Clerk
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
2020-0033872
01/23/2020 11:21 AM Fee: $ 30.00
Page 1 of 3
Recorded In Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
LAIL11 Am
TWENTY-SECOND AMENDMENT TO
NOTICE OF SPECIAL TAX LIEN
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO.2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 23
LIVING OUT, TRACT 37602
Pursuant to the requirements of Section 3114.5 of the California Streets and Highways
Code and Section 53328.3 of the California Government Code, the undersigned City Clerk of
the City of Palm Springs (the "City"), County of Riverside, State of California, hereby gives
notice that a lien to secure payment of a special tax is hereby imposed by the City Council of
the City, on the property described herein. The special tax secured by this lien is authorized to
be levied for the purpose of paying the costs of police services, fire protection and suppression
services, and life safety services, and said special tax is to be levied according to the rate and
method of apportionment set forth in, that certain Notice of Special Tax Lien heretofore
recorded in the Office of the County Recorder of the County of Riverside, State of California on
November 1, 2005 as Document No. 2005-0904135, to which the recorded Notice of Special
Tax Lien reference is hereby made and the provisions of which are hereby incorporated herein
in full by this reference.
This Twenty -Second Amendment to Notice of Special Tax Lien amends the Notice of
Special Tax Lien to add to the territory of Community Facilities District No. 2005-1 (Public
Safety Services) the lands set forth in that certain "Annexation Map No. 22 of Community
Facilities District No. 2005-1 (Public Safety Services), City of Palm Springs, County of
Riverside, State of California," heretofore recorded on November 22, 2019, at Book 84 of Maps
of Assessment and Community Facilities Districts at Page 58 in the office of the County
Recorder of the County of Riverside, State of California, as document number 2019-0483984.
The assessor's parcel numbers of all parcels or any portion thereof which are included
in this Twenty -Second Amendment to Notice of Special Tax Lien, together with the names of
the owners thereof, as they appear on the latest secured assessment roll as of the date of
recording hereof or as are otherwise known to the City are as set forth in Exhibit A hereto and
hereby made a part hereof.
For further information concerning the current and estimated future tax liability of owners
or purchasers of real property subject to this special tax lien, interested persons should contact
the Finance Director of the City of Palm Springs, 3200 East Tahquitz Canyon Way, Palm
Springs, California 92262; telephone number (760) 323-8221.
Dated: As of Jana 2Z , 20z0
A,,,��,
By:
Antho y . Mejia City rk
City of
EXHIBIT A
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO.2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 23
LIVING OUT, TRACT 37602
ASSESSOR'S PARCEL NUMBERS AND OWNER
Assessor's Name of
Parcel Number Propertv Owner
508-070-028 Koar Palm Springs, LLC
508-070-040 Koar Palm Springs, LLC
Exhibit A
Page 1