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DATE: January 3, 2018 PUBLIC HEARING
SUBJECT: CALLING AND CONDUCTING A SPECIAL ELECTION AND
INTRODUCING AN ORDINANCE AUTHORIZING THE LEVY OF SPECIAL
TAXES WITHIN ANNEXATION NO. 18 TO COMMUNITY FACILITIES
DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES)
FROM: David H. Ready, City Manager
BY: Engineering Services Department
SUMMARY
The City Council previously established Community Facilities District 2005-1 (Public
Safety Services) (CFD 2005-1) in September 2005, to levy a special tax on "fee status"
(non-Indian Allottee Leased or non-Tribal Trust properties) properties located within the
City, to provide a financing mechanism to sustain the delivery of public safety services to
new residential developments located on those properties. This action completes the
annexation of additional properties into CFD 2005-1 identified as Annexation No. 18 (for
Tract Map No. 37245 — "Enclave").
RECOMMENDATION:
1. Open the public hearing, take public testimony, and consider property owner
protests associated with Annexation No. 18 (for Tract Map No. 37245—"Enclave");
and
2. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING ANNEXATION NO. 18,
ENCLAVE AT BARISTO, TRACT MAP NO. 37245, INTO COMMUNITY
FACILITIES DISTRICT NO. 2005-1, (PUBLIC SAFETY SERVICES),
AUTHORIZING THE LEVY OF A SPECIAL TAX, AND SUBMITTING THE LEVY
OF A SPECIAL TAX TO QUALIFIED ELECTORS'; and
3. Conduct the special election and direct the City Clerk to canvass the results; and
4. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF A
ITEM i NJ. `".__._____�
City Council Staff Report
January 3, 2018-- Page 2
CFD 2005-1 Annexation No. 18, TM 37245"Enclave"
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. 18,
ENCLAVE AT BARISTO, TRACT MAP NO. 37245, INTO COMMUNITY
FACILITIES DISTRICT NO. 2005-1, (PUBLIC SAFETY SERVICES); and
5. Waive reading of the full text and introduce on first reading by title only, Ordinance
No. , "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES IN A
COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION
TERRITORY IDENTIFIED AS ANNEXATION NO. 18, ENCLAVE AT BARISTO,
TRACT MAP NO. 37245, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-
1, (PUBLIC SAFETY SERVICES).
BUSINESS PRINCIPAL DISCLOSURE:
Enclave at Baristo, LLC, is a Limited Liability Company in California applying as the
applicant for the development for TM 37245. A search of records available through the
Secretary of State of California shows that the company registered as of July 14, 2016.
The business entity had Thomas Noya listed as the only one manager or agent. The
owner of the land to be developed is Philip J. Prieto.
STAFF ANALYSIS:
The City Council created Community Facilities District 2005-1 (Public Safety Services)
(CFD 2005-1) to allow the City to levy a special tax on certain "fee status" (non-Indian
Allottee Leased or Tribal Trust properties) properties located within the City, to provide a
financing mechanism to sustain the delivery of public safety services to new residential
developments located on those properties. This type of financing program, which is
authorized under the Mello-Roos Community Facilities Act of 1982, envisioned the
participation of all future new residential development projects on "fee status" lands, either
by formation of new districts or as an annexation into the original CFD 2005-1.
As new residential developments on "fee status" lands have been approved by the City,
they are conditionally approved with a requirement to annex into CFD 2005-1. CFD 2005-
1 was specifically established separately from the City's other CFD, Community Facilities
District 2007-1 (Public Safety Services) (CFD 2007-1), for developments located on
Indian Allottee Leased or Tribal Trust lands, and cannot be annexed into the existing CFD
2005-1 due to their unique ownership status.
At this time, one residential development approved on "fee status" land is recommended
for annexation into CFD 2005-1:
02
City Council Staff Report
January 3, 2018 -- Page 3
CFD 2005-1 Annexation No. 18, TM 37245"Enclave"
Annexation No. 18—Tract Map No. 37245, identified as "Enclave at Baristo," a residential
development consisting of 30 single-family residences.
The location map with a 500' radius buffer from the development is shown in Figure 1.
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FIGURE 1 Location Map
Previously, the City Council conditionally approved the project with a requirement to
participate in the process of annexing into CFD 2005-1 . On November 15, 2017, the City
Council adopted Resolution No. 24332 declaring its intention to annex this project into
CFD 2005-1 , and scheduled a public hearing for January 3, 2018, after which a special
election by landowner vote is to be called.
03
City Council Staff Report
January 3, 2018 -- Page 4
CFD 2005-1 Annexation No. 18, TM 37245"Enclave"
Staff recommends that the City Council conduct the public hearing and receive public
testimony and any landowner protests. If a majority protest is not received, the City
Council may call and conduct the special landowner election for Annexation No. 18 to
CFD 2005-1. Following a canvass of the ballots by the City Clerk, the results of the special
election will be called and the City Council may adopt the resolutions declaring the results
of the special election and introduce for the first reading the ordinance authorizing the
levy of special taxes for CFD 2005-1 in Annexation No. 18.
ENVIRONMENTAL IMPACT:
The requested City Council action is not a "Project" as defined by the California
Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a "Project' means the
whole of an action, which has a potential for resulting in either a direct physical change in
the environment, or a reasonably foreseeable indirect physical change in the
environment. The requested action is to authorize annexation of certain properties into
CFD 2005-1, and is exempt from CEQA pursuant to Section 15378(b), in that a "Project'
does not include: (5) Organizational or administrative activities of governments that will
not result in direct or indirect physical changes in the environment.
FISCAL IMPACT:
Following the annexation of the residential development into CFD 2005-1, and after
construction of the units (issuance of building permits), the special tax to be levied within
the development will generate an additional $12,886 annually, based on the Fiscal Year
2017/18 rates, to be used specifically for public safety services.
SUBMITTED:
A �
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Thomas Garcia, P.E. Marcus L. Fu ler, MPA, PE, PLS
City Engineer Assistant City Manager
David H. Ready, Esq.,
City Manager
Attachments:
1. Resolutions
2. Ordinance
04
Attachment 1
05
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AUTHORIZING
ANNEXATION NO. 18, ENCLAVE AT BARISTO, TRACT
MAP NO. 37245, 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.
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, this City Council on November 15, 2017, adopted its Resolution No.
24332 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 Levy of Special Taxes for City of Palm Springs Community Facilities
District No. 2005-1, (Public Safety Services), Annexation No. 18, Enclave at Baristo,
Tract Map No. 37245" (`Resolution of Intention") stating its intention to annex the
territory to the District pursuant to the Act; and
WHEREAS, a copy of the Resolution of Intention, incorporating a description and
map of the proposed boundaries of the territory to be annexed to the District, stating the
services to be funded by the District and the rate and method of apportionment of the
special tax to be levied within the District to pay for the services is on file with the City
Clerk and the provisions thereof are fully incorporated herein by this reference as if fully
set forth herein; and
WHEREAS, on the date hereof, this City Council held a noticed public hearing as
required by the Act and the Resolution of Intention relative to the proposed annexation
of territory to the District; and
WHEREAS, at the hearing all interested persons desiring to be heard on all
matters pertaining to the annexation of territory to the District and the levy of special
taxes within the area proposed to be annexed were heard and a full and fair hearing
was held; and
WHEREAS, prior to the closing of the hearing, no written or oral protests had
been made against the proposed annexation of territory to the District by (i) any
registered voter residing in the existing District, or (ii) any registered voter residing in the
territory proposed to be annexed to the District, or (iii) any of the owners of land in the
06
Resolution No.
Page 2
existing District, or (iv) any of the owners of land in the territory proposed to be annexed
to the District; and
WHEREAS, Annexation Map No. 18 of the District has been filed with the County
Recorder of the County of Riverside, which map shows the territory to be annexed in
these proceedings and a copy of the map is on file with the City Clerk.
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. All prior proceedings taken by this City Council with respect to the District
and the proposed eighteenth annexation of territory thereto have been duly considered
and are hereby determined to be valid and in conformity with the Act and the District
has been validly established pursuant to the Act.
Section 3. The boundaries of the territory to be annexed to the District, as set forth in
the map entitled "Annexation Map No. 18 of Community Facilities District No. 2005-1
(Public Safety Services)," on file with the City Clerk and heretofore recorded in the
Riverside County Recorder's Office on November 29, 2017, in Book 81 at Page 82 of
Maps of Assessment and Community Facilities Districts are hereby finally approved, are
incorporated herein by this reference, and shall be included within the boundaries of the
District, and said territory is hereby ordered annexed to the District, subject to voter
approval of the levy of the special taxes therein as hereinafter provided.
Section 4. The provisions of the Resolution of Intention are, by this reference
incorporated herein, as if fully set forth herein.
Section 5. Pursuant to the provisions of the Act, the proposition of the levy of the
special tax within the territory to be annexed to the District shall be submitted to the
qualified electors of the area to be annexed to the District at an election called therefor
as hereinafter provided.
Section 6. This City Council hereby finds that fewer than 12 persons have been
registered to vote within the territory proposed to be annexed to the District for each of
the 90 days preceding the close of the public hearing heretofore conducted and
concluded by this City Council for the purposes of these annexation proceedings.
Accordingly, and pursuant to Section 53326 of the Act, this City Council finds that the
qualified electors for purposes of the annexation election are the landowners within the
territory proposed to be annexed to the District and that the vote shall be by said
landowners, each having one vote for each acre or portion thereof such landowner
owns in the territory proposed to be annexed to the District.
Section 7. This City Council hereby calls a special election to consider the measure
described in Section 5 above, which election shall be held in the meeting room of the
07
Resolution No.
Page 3
City Council immediately following adoption of this Resolution. The City Clerk is hereby
designated as the official to conduct said election. It is hereby acknowledged that the
City Clerk has on file the Resolution of Intention, a certified map of the proposed
boundaries of the territory to be annexed to the District, and a sufficient description to
allow the City Clerk to determine the boundaries of the territory to be annexed to the
District.
Section 8. The voted ballots shall be returned to the City Clerk no later than
immediately following the adoption of this Resolution; and when the qualified electors
have voted, the election shall be closed.
Section 9. Pursuant to Section 53327 of the Act, the election shall be conducted by
hand-delivered ballot pursuant to the California Elections Code.
Section 10. This City Council acknowledges that the City Clerk has caused to be
delivered to the qualified electors of the District a ballot in the form set forth in Exhibit
"A" hereto. The ballot indicated the number of votes to be voted by each landowner.
Section 11. The ballot was accompanied by all supplies and written instructions
necessary for the use and return of the ballot. The envelope to be used to return the
ballot was enclosed with the ballot, had the return postage prepaid, and contained the
following: (a) the name and address of the landowner, (b) a declaration, under penalty
of perjury, stating that the voter is the owner of record or authorized representative of
the landowner entitled to vote and is the person whose name appears on the envelope,
(c) the printed name, signature, and address of the voter, (d) the date of signing and
place of execution of the declaration pursuant to clause (b) above, and (e) a notice that
the envelope contains an official ballot and is to be opened only by the canvassing City
Council.
Section 12. Analysis and arguments with respect to the ballot measures are hereby
waived, as provided in Section 53327 of the Act.
Section 13. The City Clerk shall accept the ballots of the qualified electors in the City
Council meeting room upon and prior to the adoption of this Resolution, whether the
ballot is personally delivered or is received by mail. The City Clerk shall have ballots
available which may be marked at said location on the election day by the qualified
electors.
Section 14. This City Council hereby further finds that the provision of Section 53326
of the Act requiring a minimum of 90 days following the adoption of this Resolution to
elapse before said special election is for the protection of the qualified electors of the
territory to be annexed to the District. The ballots to be executed by the qualified
electors of the area to be annexed to the District contains a waiver of any time limit
pertaining to the conduct of the election and a waiver of any requirement for ballot
measure analysis and arguments in connection with the election. Accordingly, this City
Council finds and determines that, to the extent that the qualified elector submits its
08
Resolution No.
Page 4
ballot, the qualified elector will have been fully apprised of and have agreed to the
shortened time for the election and waiver of ballot measure analysis and arguments,
and will have thereby been fully protected in these proceedings. This City Council also
finds and determines that the City Clerk has concurred in the shortened time for the
election.
Section 15. This Resolution shall take effect upon its adoption.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 3rd DAY OF JANUARY 2018.
DAVID H. READY, CITY MANAGER
ATTEST:
ANTHONY MEJIA, CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY MEJIA, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 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 January 3, 2018, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ANTHONY MEJIA, CITY CLERK
City of Palm Springs, California
09
EXHIBIT A
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 18
ENCLAVE AT BARISTO, TRACT MAP NO. 37245
This ballot is for a special landowner election. You must return this ballot in the enclosed
postage paid envelope to the office of the City Clerk of the City of Palm Springs no later than 6:00
p.m. on January 3, 2018, either by mail or in person. The City Clerk's office is located at 3200 East
Tahquitz Canyon Way, Palm Springs, California, 92262.
To vote, mark a cross (X) in the voting square after the word "YES" or after the word "NO". All
distinguishing marks otherwise made are forbidden and make the ballot void. If you wrongly mark,
tear, or deface this ballot, return it to the City Clerk of the City of Palm Springs and obtain another.
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 YES:
identified as Annexation No. 18 to the CFD in
accordance with the rate and method of NO:
apportionment described in the Resolution of Intention
adopted by the Council of the City of Palm Springs on
November 15, 2017?
By execution in the space provided below, you also confirm your written waiver of the time limit
pertaining to the conduct of the election and any requirement for analysis and arguments with respect
to the ballot measure.
Number of Votes: 5
Property Owner: Philip J. Prieto
Riverside County Assessor's Parcel Number(s): 508-100-035
By:
10
RESOLUTION NO.
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. 18, ENCLAVE AT BARISTO, TRACT
MAP NO. 37245, 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. 18, Enclave at Baristo, Tract
Map No. 37245, 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. 24332,
entitled "A Resolution of the City Council of the City of Palm Springs, California, Declaring
• 1�
Resolution No.
Page 2
its Intention to Annex Territory into a Community Facilities District and to Authorize the
Levy of Special Taxes for City of Palm Springs Community Facilities District No. 2005-1,
(Public Safety Services), Annexation No. 18, Enclave at Baristo, Tract Map No. 37245,"
adopted by this City Council on November 15, 2017.
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 3►d DAY OF JANUARY, 2018.
DAVID H. READY, CITY MANAGER
ATTEST:
ANTHONY MEJIA, CITY CLERK
12
Resolution No.
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY MEJIA, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 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 January 3, 2018, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ANTHONY MEJIA, CITY CLERK
City of Palm Springs, California
13
EXHIBIT A
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 18
ENCLAVE AT BARISTO, TRACT MAP NO. 37245
CANVASS AND STATEMENT OF RESULT OF ELECTION
I hereby certify that on January 3, 2018, 1 canvassed the returns of the election held on January 3,
2018, for the City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services)
Annexation No. 18, 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. 18 5
Special Tax Election, January 3, 2018
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. 18 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 15, 2017?
Yes:
No:
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND on January 3, 2018.
By:
Anthony Mejia, City Clerk
City of Palm Springs
14
Attachment 2
15
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE
LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES
DISTRICT, INCLUDING CERTAIN ANNEXATION
TERRITORY IDENTIFIED AS ANNEXATION NO. 18,
ENCLAVE AT BARISTO, TRACT MAP NO. 37245 INTO
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC
SAFETY SERVICES).
WHEREAS, the City of Palm Springs (the "City") has conducted proceedings
pursuant to the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part
1. Division 2, Title 5 of the Government Code of the State of California (the "Act') and
the City of Palm Springs Community Facilities District Ordinance enacted pursuant to
the powers reserved by the City of Palm Springs under Sections 3, 5, and 7 of Article XI
of the Constitution of the State of California (the "CFD Ordinance") (the Act and the CFD
Ordinance may be referred to collectively as the "Community Facilities District Law"), to
establish the City of Palm Springs Community Facilities District No. 2005-1 (Public
Safety Services) (the "District') for the purpose of financing police services, fire
protection and suppression services, and life safety services (the "Services") as
provided in the Act; and
WHEREAS, the rate and method of apportionment of special tax for the District is
set forth in Exhibit B to the City Council Resolution entitled "A Resolution of the City
Council of the City of Palm Springs, California, Forming and Establishing a Community
Facilities District," (the "Resolution of Formation"), which was adopted on October 19,
2005; and
WHEREAS the City has conducted proceedings to annex territory into the District
and, with respect to the proceedings, following an election of the qualified electors in the
territory proposed for annexation (the "Annexation Territory"), the City Council, on
January 3, 2018, adopted a Resolution entitled "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. 18,
Enclave at Baristo, Tract Map No. 37245, into Community Facilities District No. 2005-1
(Public Safety Services)."
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The foregoing recitals are true and correct.
16
Ordinance No.
Page 2
Section 2. By the passage of this Ordinance, the City Council hereby authorizes and
levies the special tax within the District, including the Annexation Territory, pursuant to
the Community Facilities District Law, at the rate and in accordance with the rate and
method of apportionment of special tax set forth in the Resolution of Formation, which
rate and method is by this reference incorporated herein. The special tax has
previously been levied in the original territory of the District beginning in fiscal year
2006-07 pursuant to Ordinance No. 1677 passed and adopted by the City Council on
November 2, 2005, and the special tax is hereby levied commencing in Fiscal Year
2018-19 in the District, including the Annexation Territory identified as Annexation No.
18, Enclave at Baristo, Tract Map No. 37245, and in each fiscal year thereafter to pay
for the Services for the District and the costs of administering the District.
Section 3. The City's Finance Director or designee or employee or consultant of the
City is hereby authorized and directed each fiscal year to determine the specific special
tax to be levied for the next ensuing fiscal year for each parcel of real property within the
District, including the Annexation Territory, in the manner and as provided in the
Resolution of Formation.
Section 4. Exemptions from the levy of the special tax shall be as provided in the
Resolution of Formation and the applicable provisions of the Community Facilities
District Law. In no event shall the special tax be levied on any parcel within the District
in excess of the maximum special tax specified in the Resolution of Formation.
Section 5. All of the collections of the special tax shall be used as provided in the
Community Facilities District Law and in the Resolution of Formation, including, but not
limited to, the payment of the costs of the Services, the payment of the costs of the City
in administering the District, and the costs of collecting and administering the special
tax.
Section 6. The special tax shall be collected in the same manner as ordinary ad
valorem taxes are collected and shall have the same lien priority, and be subject to the
same penalties and the same procedure and sale in cases of delinquency as provided
for ad valorem taxes; provided, however, that the City Council may provide for other
appropriate methods of collection by resolution(s) of the City Council. The Finance
Director of the City is hereby authorized and directed to provide all necessary
information to the auditor/tax collector of the County of Riverside in order to effect
proper billing and collection of the special tax, so that the special tax shall be included
on the secured property tax roll of the County of Riverside for Fiscal Year 2018-19 and
for each fiscal year thereafter until no longer required to pay for the Services or until
otherwise terminated by the City.
Section 7. If for any reason any portion of this Ordinance is found to be invalid, or if
the special tax is found inapplicable to any particular parcel within the District, including
the Annexation Territory, by a court of competent jurisdiction, the balance of this
Ordinance and the application of the special tax to the remaining parcels within the
District, including the Annexation Territory, shall not be affected.
17
Ordinance No.
Page 3
Section 8. The Mayor shall sign this Ordinance and the City Clerk shall cause the
same to be published immediately after its passage at least once in a newspaper of
general circulation for the City.
Section 9. This Ordinance shall take effect 30 days from the date of final passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 17TH DAY OF JANUARY, 2018.
ROBERT MOON, MAYOR
ATTEST:
ANTHONY MEJIA, CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY MEJIA, City Clerk of the City of Palm Springs, do hereby certify that
Ordinance No. is a full, true, and correct copy, and was introduced at a regular
meeting of the Palm Springs City Council held on January 3, 2018, and adopted at a
regular meeting held on January 17, 2018, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ANTHONY MEJIA, CITY CLERK
City of Palm Springs, California
18
CITY OF PALM SPRINGS
PUBLIC NOTIFICATION
pPPPP~'i
0
�IfOPM
Date: January 3, 2018
Subject: Annexation No. 18, CFD 2005-1 (Public Safety Services)
AFFIDAVIT OF PUBLICATION
I, Cynthia A. Berardi, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California,
do hereby certify that a copy of the attached Notice of Public Hearing was published in the
Desert Sun on December 15, 2017.
1 declare under penalty of perjury that the foregoing is true and correct.
Cynthia A.T3erardi, CMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Cynthia A. Berardi, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California,
do hereby certify that a copy of the attached Notice of Public Hearing was posted at City Hall,
3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board, and in the Office
of the City Clerk on December 13, 2017.
1 declare under penalty of perjury that the foregoing is true and correct.
/J 0;0/0�
Cynth a A. Kerardi, CMC
Chief Deputy City Clerk
19
AoftL 750 N Gene Autry Trail
>t Palm Springs,CA 92262
mediagroup Tel:760-778-4578/Fax 760-778-4731
[9 — nuaorrnuM'<:oax Nsrtwml Email:legals@thedesertsun.com
.� cu -PROOF OF
Z CC) PUBLICATION
1FZ 4 L
wZ STATEOF CALIFORNIA SS.
�O_ (W- UNTY OF RIVERSIDE NOTICE OF PUBLIC HEARING
CITY COUNCIL
COMMUNITY FACILITIES DISTRICT NO.2005-0
(PUBLIC
SERVICES)j W . ANNEXATION NO.
8
ENCLAVE AT BARISTO.TRACT MAP NO.37245
U Notice is hereby given that the City Council of the City of Palm Springs,
CI1�OF�LM SPRINGS/LEGALS California,will hold a public hearing at its meeting of January 3,2018. The City
y Council meeting begins at 6:00 p.m.,in the Council Chamber at City Hall,320
BO
X OX 2743 East Tahquita Canyon Way,
Palm Springs,California,92262,to conider the following:
CITY OF PALM SPRINGS
PALM SPRINGS CA 92263 COMMUNITY FACILmES DISTRICT NO.2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO.18
ENCLAVE AT BARISTO,TRACT MAP NO.37245
On November 15,2017,the City Council,as the legislative body for Community
Facilities District 2005-1,adopted a resolution entitled"A Resolution of the City
I am over the age of 18 years old,a citizen of the Council of the City of Palm Springs.California,Declaring its Intention to Annex
Territory into a Community FaOlities District and to Authorix the Levy of
United Stales and not a party to,or have interest in Special Taxes for City of Palm Springs Community Facilities District No.2005-1
(Public Safety Services)' (the Resolution of Intention"). Pursuant to the
ING nlafta.. 1 he.ety c;artify that the alu3Ghed Resolution of Intention, the City Council determined that the public
convenience and necessity retre that certain territory, as more particular
Iy
advertisement appeared in said newspaper(set in described in the Resolution of Intention,be annexed to the existing District,all
t smallerh in d ire aS provided in the Mello-Roos Community Facilities Ad of 19K(Sections 53311
type not than non Parlel) n each an entire and following California Government Code)(the"Act'). Reference is hereby
issue of said newspaperand not in an supplement made to the Resolution of Intention,on file with the City Clerk of the CiN for
Y PP further particulars. The following is a summary of the provisions of the
thereof on the following dates, to wit: Resolution of Intention.
In the Resolution of Intention,the City Council declared its intention to annex
territory into Community Facilities District No. 2005-1 (Public Safety Services)
12/15/17 (the'Distrid"). The area proposed to be annexed to the District is as shown on
Annexation Map No.18,on file with the City Clerk,and identified in Exhibit A
of the Resolution of Intention. The District shall fund police services, fire
Protection and suppression services, and life safety services. It is presently
I acknowledge that I am a principal clerk of the printer intended that the services will be provided, without preference or priority,to
the existing territory in the District and the territory proposed to be annexed to
of The Desert Sun, printed and published weekly in the District. The Resolution of Intention prondes that the special taxes
heretofore caused W be levietl in the District shall be levied in the territory
the City of Palm Springs,County of Riverside, State proposed to be annexed, subject to public hearing and owner consent
of California.The Desert Sun was adjudicated a proceedings as specified in the Act.
REVIEW OF INFORMATION: The staff report and other supporting all
between
Newspaper of general circulation on March 24, 1988 reg hours this matter are available for public review at the City Hall between
the hours of 8a.m.and 6: pp m.,Monday through Thursday.Please contact
by the Superior Court Of the County Of Riverside, the Office of the
e City Clerk att p60)323-6204 if
you would like to schedule an
State of California Case No. 191236. appointment to review these documents.
At the hearing any person may present oral or written testimony. The City
Council will consider all objections or protests, if any, to the proposed
Assessment District boundaries.
I declare under penalty of perjury that the foregoing is At the public hearing the testimony of all interested persons for and against the
true and correct. Executed on this 15th Of annexation of said territory to the District or the levying of special taxes within
the territory proposed to be annexed will be heard. Any person interested may
December 2017 in Palm Springs, California. file a protest in writing with the City Clerk by email at
cityclerkOpalmspringsca.gov,or letter(for mail or hand delivery)to:
Anthonyy J.Melia,City Clerk
32M E.Tahguitz Canyon Way
Palm Springs,CA 92262
Any challenge of the proposed in court may be limited to raising only those
issues raised at the public hearing de in this notice, or In written
correspondence delivered to the Cl Clerkck at,at or prior to,the public hearing.
ve
(Gornment Code Section 65009(b)(�).
An opportunity will be given at said hearing for all interested persons to be
heard. Questions r arding this may be directed to Thomas Garcia, City
DECLARANT Engineer,at (760)322-8339.
Si necesita ayuda con esta carts, porfavor(lame a Its Ciudad de Palm Springs y
puede hablar con Felipe Primers telefono(760)323.8253 x 8742.
Anthony J.Melia,MMC
City Clerk Nblishbd:1V15117
Ad#:0002601741
P O: Annexation No. 18 Hearing
#of Affidavits:1
NOTICE OF PUBLIC HEARING
CITY COUNCIL
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 18
ENCLAVE AT BARISTO, TRACT MAP NO. 37245
Notice is hereby given that the City Council of the City of Palm Springs, California, will
hold a public hearing at its meeting of January 3, 2018. The City Council meeting begins
at 6:00 p.m., in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way,
Palm Springs, California, 92262, to consider the following:
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 18
ENCLAVE AT BARISTO, TRACT MAP NO. 37245
On November 15, 2017, the City Council, as the legislative body for Community Facilities
District 2005-1, adopted a resolution 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 Levy of Special Taxes for City of Palm Springs
Community Facilities District No. 2005-1 (Public Safety Services)" (the "Resolution of
Intention"). Pursuant to the Resolution of Intention, the City Council determined that the
public convenience and necessity require that certain territory, as more particularly
described in the Resolution of Intention, be annexed to the existing District, all as provided
in the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following,
California Government Code) (the "Act'). Reference is hereby made to the Resolution of
Intention, on file with the City Clerk of the City for further particulars. The following is a
summary of the provisions of the Resolution of Intention.
In the Resolution of Intention, the City Council declared its intention to annex territory into
Community Facilities District No. 2005-1 (Public Safety Services) (the "District'). The
area proposed to be annexed to the District is as shown on Annexation Map No. 18, on
file with the City Clerk, and identified in Exhibit A of the Resolution of Intention. The
District shall fund police services, fire protection and suppression services, and life safety
services. It is presently intended that the services will be provided, without preference or
priority, to the existing territory in the District and the territory proposed to be annexed to
the District. The Resolution of Intention provides that the special taxes heretofore caused
to be levied in the District shall be levied in the territory proposed to be annexed, subject
to public hearing and owner consent proceedings as specified in the Act.
REVIEW OF INFORMATION: The staff report and other supporting documents
regarding this matter are available for public review at the City Hall between the hours of
8:00 a.m. and 6:00 p.m., Monday through Thursday. Please contact the Office of the City
Clerk at (760) 323-8204 if you would like to schedule an appointment to review these
documents.
20
At the hearing any person may present oral or written testimony. The City Council will
consider all objections or protests, if any, to the proposed Assessment District
boundaries.
At the public hearing the testimony of all interested persons for and against the annexation
of said territory to the District or the levying of special taxes within the territory proposed
to be annexed will be heard. Any person interested may file a protest in writing with the
City Clerk by email at cityclerk(&palmspringsca.gov, or letter (for mail or hand delivery)
to:
Anthony J. Mejia, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Any challenge of the proposed in court may be limited to raising only those issues raised
at the public hearing described in this notice, or in written correspondence delivered to
the City Clerk at, or prior to, the public hearing. (Government Code Section 65009(b)(2)).
An opportunity will be given at said hearing for all interested persons to be heard.
Questions regarding this may be directed to Thomas Garcia, City Engineer, at
(760) 322-8339.
Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede
hablar con Felipe Primera telefono (760) 323-8253 x 8742.
1
th ny J. Me'i MC
City
21
OFFICIAL BALLOT
ANNEXATION SPECIAL TAX ELECTION
City of Palm Springs
Community Facilities District No. 2005-1
(Public Safety Services)
Annexation No. 18
Enclave at Baristo, Tract Map No. 37245
This ballot is for a special landowner election. You must return this ballot in the enclosed
postage paid envelope to the office of the City Clerk of the City of Palm Springs no later than
6:00 p.m. on January 3, 2018, either by mail or in person. The City Clerk's office is located at
3200 East Tahquitz Canyon Way, Palm Springs, California, 92262.
To vote, mark a cross (X) in the voting square after the word "YES" or after the word "NO".
All distinguishing marks otherwise made are forbidden and make the ballot void. If you wrongly
mark, tear, or deface this ballot, return it to the City Clerk of the City of Palm Springs and obtain
another.
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 YES:
tax within the territory identified as Annexation No. 18 to the
CFD in accordance with the rate and method of apportionment
described in the Resolution of Intention adopted by the Council NO:
of the City of Palm Springs on November 15, 2017?
By execution in the space provided below, you also confirm your written waiver of the time
conduct of the election and an requirement for analysis and arguments
limit pertaining to the co Y q Y 9
P 9
with respect to the ballot measure.
Number of Votes: 5
Property Owner: Philip J. Prieto
Riverside County Assessor's Parcel Number(s): 508-100-035
By:
LA tit
�'J
INSTRUCTION LETTER TO QUALIFIED ELECTORS
RE: Letter of Instructions for Special Tax Election —January 3, 2018
City of Palm Springs
Community Facilities District No. 2005-1
(Public Safety Services)
Annexation No. 18
Enclave at Baristo, Tract Map No. 37245
On November 15, 2017, the City Council of the City of Palm Springs adopted a Resolution entitled
"A Resolution of the City Council of Palm Springs, California, Declaring its Intention to Annex Territory into
a Community Facilities District and to Authorize the Levy of Special Taxes for City of Palm Springs
Community Facilities District No. 2005-1, (Public Safety Services), Annexation No. 18, Enclave at Baristo,
Tract Map No. 37245 ("Resolution of Intention"). In the Resolution of Intention, the City Council declared
its intention to annex territory into Community Facilities District No. 2005-1 (the "CFD") to pay for police
protection, fire protection and suppression services, and life safety services as further identified in the
Resolution of Intention, and the Resolution of Intention identified a proposed special tax to be levied on
real property to be included in the CFD to pay for costs of the services.
In the Resolution of Intention, the City Council provided that the levy of the special tax will be
subject to a mailed ballot election among the owners of land in the territory to be annexed into the CFD.
You have been identified as a person that owns land in the territory proposed to be annexed, and are
thereby entitled to vote in the Special Tax Election. Pursuant to California Government Code Section
53326, each landowner, or their authorized representative, shall have one vote for each acre or portion
thereof such landowner owns in the annexation territory as of the close of the public hearing. The acreage
for the property is 4.29 acres, representing 5 votes in the Special Tax Election. The total number of votes
for the Special Tax Election is 5.
Enclosed with this letter in connection with the Special Tax Election are the following:
1. Official Ballot, and
2. Official Return Envelope.
In order to have your ballot count in the Special Tax Election, you must(a) mark the"Yes"or"No"
line on the Official Ballot, (b) insert the Official Ballot in the Official Return Envelope and seal the
envelope, and (c) execute the declaration on the Official Return Envelope on the lines indicated. Please
return the executed Official Return Envelope with the Official Ballot inside to the City Clerk of the City of
Palm Springs at the address indicated on the Official Return Envelope no later than 6:00 p.m. on
Wednesday, January 3, 2018.
You may return the Official Return Envelope and Official Ballot by personal delivery to the City
Clerk's Office, or by first-class mail, but only an Official Return Envelope and Official Ballot properly
executed and received by the City Clerk by 6:00 p.m. on January 3, 2018, will be counted for purposes of
the Special Tax Election.
If you wrongly mark, tear or deface the Official Ballot or Official Return Envelope, return them to
the City Clerk and obtain another. The City Clerk's office is located at 3200 East Tahquitz Canyon Way,
Palm Springs, California, 92262
By: Kathleen D. Hart
Interim City Clerk
City of Palm Springs
PETITION
(With Waivers)
To Annex Property to Community Facilities District No. 2006-1 and Related Matters
To The Honorable City Council
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Dear Councilmembers:
This is a petition to annex properly to Community Facilities District No. 2005-1 and with respect to related
matters under the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following of the California
Government Code("Act"), The undersigned hereby states as follows:
1. Petitioner. This petition is submitted by the persons(whether one or more) identified below as, or for,
the fee title owners of the parcel(s) of land identified below. By submitting this petition, such persons warrant to
the City of Palm Springs("City")that they are authorized to execute this petition.
2. Proceedings Requested. The Petitioner ask that the City Council of the City undertake and complete
proceedings under the Act to annex property into Community Facilities District No. 2005-1 to be designated
"Annexation No. 18"(the"Annexation"), and to levy special taxes in the Annexation.
3. Boundaries of the Annexation. The Petitioner asks that the territory to be included in the boundaries
of the Annexation consist of the parcel(s)of land identified below.
4. Purpose of the Annexation. The Petitioner asks that the Annexation be annexed and the special
taxes be levied to pay for public safety services including new police services, fire protection and suppression
services,and life safety services.
5. Elections. The Petitioner asks that the election, to be held under the Act to authorize the special
taxes for the Annexation. be consolidated into a single election, that the election be conducted by the City and its
officials using mailed or hand-delivered ballots, and that such ballots be opened and canvassed and the results
certified at the same meeting of the City Council as the public hearing on the Annexation under the Act or as soon
thereafter as possible.
6. Waivers. To expedite the completion of the proceedings for the Annexation, all notices of hearings
and all notices of election, applicable wailing periods under the Act for special elections, and all ballot analysis or
arguments for the election are hereby waived.
By executing this petition,the person(s)below agree(s)to all of the above.
The Property that is subject to this Petition is identified as Riverside County Assessor's Parcel Numbers: 508-100-
035.
The Property consists of approximately 4.29 acres.
The record owner of the Property is: Philip J. Prieto
Executed on r_2017 By
Title:
The address to which ballot for the CFD annexation election is to be sent:
Philip J. Prieto
901 E Tahquitz Canyon Way Suite A-200
Palm Springs, CA 92262
i: n RF I
Land Owner and Voter: �P�cESPosr
Philip J. Prieto 16 'DU.-. "17 _
901 E. Tahquita Canyon Way Suite A-200 1,1 j _r- :L z
L
Palm Springs, CA 92262 - PITNEY BOWES
02 1P $ 000.460
0001851421
MAILED FROM ZIP CODE92592
N ^
:i C! J
CITY CLERK
CITY OF PALM SPRINGS
c n 3200 EAST TAHQUITZ CANYON WAY
PALM SPRINGS, CA 92262
0
S22G 69 3eS13 11111111 liltill'tlll''lllllI.IIII,111itlll{I,Illtt,ti,l,ilnl,l
1
i
I hereby declare under penalty of perjury that the vuLc,
on the enclosed ballot is the owner of record or the authorized
representative of the land owner entitled to vote said ballot. i
Executed on_C�� , 20J�,,
in the City of
State of
Attention: This envelope contains an official ballot and is to
-Philip J. Prieto be opened only by the canvassing board with respect to the
City of Palm Springs Community Facilities District No.
Print: All,10 2005-1 (Public Safety Services), Annexation No. 18 Special
Tax Election to be held on January 3, 2018.
sY nn --�
Its: ( d�tra2d _V