HomeMy WebLinkAbout24825RESOLUTION NO. 24825
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DECLARING THE
RESULTS OF CONSOLIDATED SPECIAL ELECTIONS
WITHIN COMMUNITY FACILITIES DISTRICT NO. 2020-1
(CANYON VIEW) OF THE CITY OF PALM SPRINGS ON
PROPOSITIONS REGARDING (i) INCURRING A BONDED
INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED
$4,000,000, (ii) THE ANNUAL LEVY OF SPECIAL TAXES
TO PAY PRINCIPAL AND INTEREST ON BONDS AND (iii)
ESTABLISHING AN APPROPRIATIONS LIMIT
WHEREAS, on November 12, 2020, the City Council (the "City Council") of the
City of Palm Springs (the "City") adopted a resolution determining the necessity for
Community Facilities District No. 2020-1 (Canyon View) of the City of Palm Springs,
County of Riverside, State of California (the "District'), to incur a bonded indebtedness
in an amount not to exceed $4,000,000 and calling a special election within the District
on propositions with respect to incurring such a bonded indebtedness for November 12,
2020, and providing for the consolidation of said election with the election on the
propositions with respect to (i) the annual levy of special taxes on taxable property
within the District to pay principal of and interest on such bonds or to pay or accumulate
funds for paying the costs of the design, construction and acquisition of such facilities„
and (ii) establishing an appropriations limit for the District; and
WHEREAS, on November 12, 2020, the City Council also adopted a resolution
calling a special election for November 12, 2020, for submitting to the qualified electors
of the District the propositions with respect to the annual levy of special taxes on taxable
property 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 such facilities and the proposition with respect to establishing an
appropriations limit for the District, and providing for the consolidation of that election
with the election on the proposition of the District incurring a bonded indebtedness (the
"Election Resolution"); and
WHEREAS, the City Council has received a statement from the City Clerk (the
"City Clerk"), who pursuant to the Election Resolution was authorized to conduct the
consolidated special elections and act as the election official therefor, with respect to
the canvass of the ballots returned in and the results of the consolidated special
elections, certifying that more than two-thirds of the votes cast upon the propositions
submitted to the voters in the consolidated special elections in the District were cast in
favor of all such propositions;
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
HEREBY RESOLVES, DETERMINES AND APPROVES AS FOLLOWS:
Resolution No. 24825
Page 2
SECTION 1. Findings. The City Council finds that: (i) there were no persons
registered to vote within the boundaries of the District at the time of the close of the
protest hearing on November 12, 2020, and pursuant to Section 53326 of the California
Government Code ("Section 53326") the vote in the consolidated special elections was,
therefore, to be by the landowners owning land within the District, with each landowner
having one vote for each acre or portion of an acre of land that he or she owned within
the District which would have been subject to the special tax if levied at the time of the
consolidated special elections; (ii) pursuant to Section 53326 and the Election
Resolution, the City Clerk distributed the ballot for the consolidated special election to
EHOF Canyon View, LLC, the owner of all of the taxable property included within the
boundaries of the District (the "Property Owner") by overnight mail; (iii) the Property
Owner waived the time limits for holding the consolidated special elections and the
election dates specified in Section 53326, and consented to the calling and holding of
the consolidated special elections on November 12, 2020; (iv) the consolidated special
elections have been properly conducted in accordance with all statutory requirements
and the provisions of the Election Resolution; (v) pursuant to Section 53326, the
Property Owner, which owned approximately 13.28 acres in the District, was entitled to
a total of 14 votes in the consolidated special election; (vi) the ballot was returned by the
Property Owner to the City Clerk prior to the hour on the date of the election specified
by the City Council for the return of voted ballots; (vii) the ballot returned to the City
Clerk by the Property Owner voted all votes to which it was entitled in favor of all
propositions set forth therein; (viii) more than two-thirds of the votes cast in the
consolidated special election on each such proposition were cast in favor thereof, and
pursuant to Sections 53328, 53329 and 53355 of the California Government Code, all
such propositions carried; (ix) the City Council, as the legislative body of the District, is
therefore authorized to take the necessary action to have the District incur a bonded
indebtedness in an amount not to exceed $4,000,000, to annually levy special taxes on
taxable property within the District in amounts sufficient 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 (x) an appropriations
limit for the District has been established in the amount of $4,000,000.
SECTION 2. Declaration of Results. All votes voted in the consolidated
special elections on the propositions with respect to (i) the District incurring a bonded
indebtedness in an amount not to exceed $4,000,000, (ii) the annual levy of special
taxes on taxable property within the District to pay the principal of and interest on the
bonds of the District or of the City, or to pay or accumulate funds for paying the costs of
the design, construction and acquisition of public facilities, and (iii) establishing an
appropriations limit for the District in the amount of $4,000,000 were voted in favor
thereof, and all such propositions carried.
SECTION 3. Effect of Elections. The effect of the results of the consolidated
special elections, as specified in Section 2 hereof, is that the City Council, as the
legislative body of the District, is authorized (i) to have the District incur a bonded
indebtedness in an amount not to exceed $4,000,000 for the purposes set forth in
Proposition A of the Official Ballot for the consolidated special elections for the District
and, (ii) after the District has incurred a bonded indebtedness and issued bonds
Resolution No. 24825
Page 3
therefor, to annually levy special taxes on taxable property within the District in an
amount sufficient to pay the principal of and interest on such bonds or to pay or
accumulate funds for paying the costs of the design, construction and acquisition of
public facilities at the special tax rates and pursuant to the methodology for determining
and apportioning such special taxes which are set forth in Exhibit "A" to the Resolution
of Formation adopted by the City Council on November 12, 2020, and an appropriations
limit has been established for the District in the amount of $4,000,000.
SECTION 4. Notice of Special Tax Lien. The City Clerk shall record a notice
of special tax lien pursuant to Section 53328.3 of the California Government Code and
Section 3114.5 of the California Streets and Highways Code.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 12TH DAY OF NOVEMBER, 2020.
DAVID H. READY, C NAGER
ATTEST:
WO'HONY J. MWIA,K
Resolution No. 24825
Page 4
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. 24825 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 Tem Holstege,
and Mayor Kors
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Springs, California, this ` w& day of "L7e( , �'
Ar6ony J. Meji , MMC, ' C k
City of Palm S ings, Cali nia r