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HomeMy WebLinkAbout24824RESOLUTION NO. 24824 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF COMMUNITY FACILITIES DISTRICT NO. 2020-1 (CANYON VIEW) OF THE CITY OF PALM SPRINGS PROPOSITIONS WITH RESPECT TO THE ANNUAL LEVY OF SPECIAL TAXES WITHIN SAID COMMUNITY FACILITIES DISTRICT AND ESTABLISHING AN APPROPRIATIONS LIMIT FOR SAID COMMUNITY FACILITIES DISTRICT WHEREAS, pursuant to Section 53325.1 of the California Government Code, the City Council (the "City Council") of the City of Palm Springs ("the City") has adopted a resolution establishing Community Facilities District No. 2020-1 (Canyon View) of the City of Palm Springs, County of Riverside, State of California (the "District") and the boundaries thereof (the "Resolution of Formation"); and WHEREAS, pursuant to Section 53351 of the California Government Code, the City Council has also adopted a resolution determining that it is necessary that the District incur a bonded indebtedness in an amount not to exceed $4,000,000 for the purposes of financing the design, construction, and acquisition of certain public facilities for the District (the "Bond Resolution"); and WHEREAS, by the Bond Resolution, the City Council called a special election on the proposition to be submitted to the voters of the District with respect to the District incurring a bonded indebtedness for the purpose of financing such public facilities for the District; and WHEREAS, pursuant to Sections 53326 and 53350 of the California Government Code, it is necessary that the City Council also submit to the voters of the District the proposition relating to the annual levy of special taxes on the property within the District to pay the principal of and interest on the bonds of the District which may be issued and sold to finance the design, construction and acquisition of the public facilities for the District, if such bonds are authorized and issued, or to pay or accumulate funds for paying the costs of public facilities; and WHEREAS, pursuant to Section 53325.7 of said Code, the City Council may also submit to the voters of the District a proposition with respect to establishing an appropriations limit for the District; THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, HEREBY RESOLVES, DETERMINES AND APPROVES AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (i) the foregoing recitals are correct, (ii) less than 12 persons have been registered to vote within the territory of the 5 5575.70002\33354643.1 District during the 90 days preceding the close of the public hearing on November 12, 2020; (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this resolution shall be by the landowners of the District whose property would be subject to the special taxes if they were levied at the time of the elections, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within the District which would be subject to the proposed special taxes if they were levied at the time of the elections; (iv) EHOF Canyon View, LLC., the owner of all of the land in the District has by written consent (a) waived the time limits set forth in said Section 53326 for holding the elections called by this resolution, (b) consented to the holding of said elections on November 12, 2020, (c) waived notice and mailed notice of the time and date of said elections, and (d) waived an impartial analysis by the City Attorney of the ballot propositions pursuant to Section 9280 of the California Elections Code and arguments and rebuttals pursuant to Sections 9281 to 9287, inclusive, of said Code; and (v) the City Clerk of the City has consented to the holding of said elections on November 12, 2020. SECTION 2. Call of Election. The City Council hereby calls and schedules special elections for November 12, 2020 within and for the District on (i) the proposition with respect to the annual levy of special taxes within the District for the payment of principal of and interest on the bonds of the District, or to pay or accumulate funds for paying the costs of the design, construction and acquisition of public facilities, and (ii) the proposition with respect to establishing an appropriations limit for the District. Section 3. Propositions. (a) The propositions to be submitted to the voters of the District at such special elections shall be as follows: Proposition A: Shall a bonded indebtedness in an aggregate principal amount not to exceed $4,000,000 be incurred by and for Community Facilities District No. 2020-1 (Canyon View) of the City of Palm Springs, County of Riverside, State of California, for a maximum term of not more than 30 years and with interest at a rate or rates not to exceed the maximum interest rate permitted by law, for the purposes of providing public facilities for the community facilities district, including the design, construction and acquisition of street and road facilities, traffic control devices, landscape medians and undergrounding of existing overhead utilities, of the City of Palm Springs, as provided in the Resolution of Formation adopted by the City Council of the City of Palm Springs on November 12, 2020? Proposition B: Shall special taxes be levied annually on taxable property within Community Facilities District No. 2020-1 (Canyon View) of the City of Palm Springs, County of Riverside, State of California, to pay the principal of and interest on the bonds of the community facilities district which may be issued and sold to finance the design, construction and acquisition of the public facilities described in Proposition A of this ballot, pay the principal of and interest on bonds or other obligations of the City relating to such facilities, and costs incidental thereto, to replenish the reserve fund for the bonds, or to accumulate funds for future bond payments, including any amount required by federal law to be rebated to the United States with regard to the bonds, to pay or accumulate funds for paying the costs of the design, construction and acquisition of such facilities, and to pay expenses incidental thereto and to the levy and collection of the special taxes, so long as the special taxes are needed to pay the principal of and interest on the bonds and for such other purposes, at the special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit "A" to the Resolution of Formation adopted by the City Council of the City of Palm Springs on November 12, 2020? Proposition C: Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, be established for Community Facilities District No. 2020-1 (Canyon View) of the City of Palm Springs, County of Riverside, State of California, in the amount of $4,000,000? SECTION 4. Conduct of Elections. Except as otherwise provided in Section 5 hereof, said elections shall be conducted by the City Clerk of the City pursuant to the California Elections Code governing mail ballot elections of cities, and in particular, the provisions of Division 4 (commencing with Section 4000) of said Code, insofar as they may be applicable. SECTION 5. Election Procedures. The procedures to be followed in conducting the special elections on (i) the proposition with respect to the District incurring a bonded indebtedness in an amount not to exceed $4,000,000, (ii) the proposition with respect to the levy of special taxes on the land within the District to pay the principal of and interest on the bonds of the District or to pay or accumulate funds for paying the costs of the design, construction and acquisition of public facilities, and (iii) the proposition with respect to establishing an appropriations limit for the District in the amount of $4,000,000 (the "special elections") shall be as follows: (a) Pursuant to said Section 53326 of the California Government Code, ballots for the special elections shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid, or by personal service. (b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and specifically Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in the form attached hereto as Exhibit "A", as appropriate, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of the Resolution of Formation; provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners. (c) The official ballot to be mailed or delivered by the City Clerk to each landowner -voter shall have printed or typed thereon the name of the landowner -voter and the number of votes to be voted by the landowner -voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner -voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner -voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner - voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner -voter, to vote all votes to which the landowner -voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner -voter's land ownership within the District. (d) The return identification envelope mailed or delivered by the City Clerk to each landowner -voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk. (e) The instruction to voter form to be mailed or delivered by the City Clerk to the landowner -voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 5:30 p.m. on November 12, 2020. (f) Upon receipt of the return identification envelope which is returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the special election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot. SECTION 6. Accountability Measures. Pursuant to Section 53410 of the California Government Code, if the voters approve the proposition contained in the official ballot for the consolidated special elections with respect to the District incurring bonded indebtedness for the purposes for which such indebtedness is to be incurred and bonds of the District are to be issued (the "Bond Proposition"), the incurring of such bonded indebtedness and the issuance of bonds of the District shall be subject to the following accountability measures: (a) The Bond Proposition shall identify the specific purposes for which the bonds are to be issued; (b) The proceeds of the bonds shall be applied only for the specific purposes identified in the Bond Proposition; (c) An account or accounts shall be created pursuant to the fiscal agent agreement for such bonds into which the proceeds of the sale of such bonds shall be deposited; and (d) The City Manager, or his designee(s), shall file a report with the City Council no later than January 2 of the calendar year beginning after the year in which the bonds are issued and annually thereafter, which shall contain the information required by Section 53411 of the California Government Code. The City Council finds that the Bond Proposition as set forth in the official ballot for the consolidated special elections attached hereto as Exhibit "A," identifies the specific purposes for which the District will incur bonded indebtedness and issue bonds. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 12TH DAY OF NOVEMBER, 2020. l DAVID H. READY, CjTrMANAGER ATTEST: &THONY J.J, ITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, ANTHONY J. MEJIA, MMC, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24824 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 November 12, 2020 AYES: Councilmembers Garner, Middleton, Woods, Mayor Pro Tern Holstege, and Mayor Kors NOES: None ABSENT: None ABSTAIN: None RECUSED: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 3'ri- day of -' Ace ,,,,,ko" , 2s-L-,:_. kpt�ony J. Mei a, MMC, i y Clerk City of Palm Springs, California EXHIBIT "A" OFFICIAL BALLOT CONSOLIDATED SPECIAL ELECTIONS FOR COMMUNITY FACILITIES DISTRICT NO. 2020-1 (CANYON VIEW) OF THE CITY OF PALM SPRINGS COUNTY OF RIVERSIDE STATE OF CALIFORNIA November 12, 2020 To vote, mark a cross (+) in the voting square after the word "YES" or after the word "NO". All marks otherwise made are forbidden. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Palm Springs and obtain another. PROPOSITION A: Shall a bonded indebtedness in an aggregate principal amount not to exceed $4,000,000 be incurred by and for Community Facilities District No. 2020-1 (Canyon View) of the City of Palm Springs, County of Riverside, State of California, for a maximum term of not more than 30 years and with interest at a rate or rates not to exceed the maximum interest rate permitted by law, for the purposes of providing public facilities for the community facilities district, including the design, construction and acquisition of street and road facilities, traffic control devices, landscape medians and undergrounding of existing overhead utilities, of the City of Palm Springs, as provided in the Resolution of Formation adopted by the City Council of the City of Palm Springs on November 12, 2020? A-1 5 5 575.70002133354643. 1 YES NO PROPOSITION B Shall special taxes be levied annually on taxable property within Community Facilities District No. 2020-1 (Canyon View) of the City of Palm Springs, County of Riverside, State of California, to pay the principal of and interest on the bonds of the community facilities district which may be issued and sold to finance the design, construction and acquisition of the public facilities described in Proposition A of this ballot, pay the principal of and interest on bonds or other obligations of the City relating to such facilities, and costs incidental thereto, to replenish the reserve fund for the bonds, or to accumulate funds for future bond payments, including any amount required by federal law to be rebated to the United States with regard to the bonds, to pay or accumulate funds for paying the costs of the design, construction and acquisition of such facilities, and to pay expenses incidental thereto and to the levy and collection of the special taxes, so long as the special taxes are needed to pay the principal of and interest on the bonds and for such other purposes, at the special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit "A" to the Resolution of Formation adopted by the City Council of the City of Palm Springs on November 12, 2020? PROPOSITION C Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, be established for Community Facilities District No. 2020-1 (Canyon View) of the City of Palm Springs, County of Riverside, State of California, in the amount of $4,000,000? YES NO PROPOSITION A IS SUBJECT TO THE ACCOUNTABILITY MEASURES PRESCRIBED IN SECTION 53410 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. 5 5575.70002133354643.1 A-2