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HomeMy WebLinkAbout9/6/2017 - STAFF REPORTS - 2.B. �pALMg A Ali � Z c+ V N °q<<FORN�P CITY COUNCIL STAFF REPORT DATE: September 6, 2017 PUBLIC HEARING SUBJECT: CALLING AND CONDUCTING A SPECIAL ELECTION AND INTRODUCING AN ORDINANCE AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 17 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. 17 (for Tract Map No. 37210 — "64 @ the Riv"). RECOMMENDATION: 1. Open the public hearing, take public testimony, and consider property owner protests associated with Annexation No. 17 (for Tract Map No. 37210 — "64 @ the Riv"); and 2. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING ANNEXATION NO. 17, 64 @ THE RIV, TRACT MAP NO. 37210, 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 SPECIAL ANNEXATION LANDOWNER ELECTION, DETERMINING VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING THE RECORDING ITEM NO. City Council Staff Report September 6, 2017-- Page 2 CFD 2005-1 Annexation No. 17, TM 37210, "64 @ The Riv" OF AN AMENDMENT TO NOTICE OF SPECIAL TAX LIEN FOR ANNEXATION NO. 17, 64 @ THE RIV, TRACT MAP NO. 37210, 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. 17, 64 @ THE RIV, TRACT MAP NO. 37210, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1, (PUBLIC SAFETY SERVICES). 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: • Annexation No. 17 — Tract Map No. 37210, identified as "64 @ the Riv," a residential development consisting of 64 multi-family residences. The location map with a 500' buffer for the development is shown in Figure 1. 02 City Council Staff Report September 6, 2017-- Page 3 CFD 2005-1 Annexation No. 17, TM 37210, "64 @ The Riv" Figure 1 — Location Map R2 R2 R2 RIC R1C O RIC po R06kLLE-RD GLEN CIR N - SPENCER OR RIC C1 _ r. VIA-OLIVERA N - --- RIG '- - RIC- ALEJCANDER.WAY _m R2 P - C CII C7 F R2 .. .Z r RIC - . R2 RGA6 G ESCUELA l�W�I RGA6 _. c W a Q .0 U J.. W _. _.-. n - RIC RIC x `r. RIC RGA6 -_._ R3 RI GA6 R3 LOUISE DR R2 Legend O E VISTA CHINO 13500 Ft Radius .- R2---fie ONWOODRD p CY R3 Parcels CHUCI(WALLA RD "' R2 F. R2 R2 Previously, the City Council conditionally approved the project with a requirement to participate in the process of annexing into CFD 2005-1. On May 3, 2017, the City Council adopted Resolution No. 24218 declaring its intention to annex this project into CFD 2005-1, and schedule a public hearing for June 7, 2017, after which a special election by landowner vote is to be called. At the June 7, 2017, public hearing, the property owner requested a continuance, and the public hearing was continued to September 6, 2017. 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. 17 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. 17. 03 City Council Staff Report September 6, 2017-- Page 3 CFD 2005-1 Annexation No. 17, TM 37210, "64 @ The Riv" Figure 1 — Location Map R2 R2 R27 RIC RIC U RAC S� �.1 \ ROCHELLERD GLEN.CIR.N SPENCERDR _ RIC RIC Ct RIC VUt-OLrVERA RIC ALEXANDER-WAY Z R2 ^ G R2 P K -C1 F R2 = N RIC O W m RG o. v K V1C ESCUELA a0 0 RGAS o W o _ �, . . . . . . . . R3 VR )r W C = J W < RIC O RIC o_> i C7 C1 R3 R3Lo [:'I 1 Rz Legend O E VISTA CHINO [D500 Ft Radius ®Bile F OTTONWOOD_RD i Zoning C7 Cl- R3 R3 i �., Parcels CHUCI(WAL•LA.RD ' R2 R2 R2 15 Previously, the City Council conditionally approved the project with a requirement to participate in the process of annexing into CFD 2005-1. On May 3, 2017, the City Council adopted Resolution No. 24218 declaring its intention to annex this project into CFD 2005-1, and schedule a public hearing for June 7, 2017, after which a special election by landowner vote is to be called. At the June 7, 2017, public hearing, the property owner requested a continuance, and the public hearing was continued to September 6, 2017. 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. 17 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. 17. 03 City Council Staff Report September 6, 2017-- Page 4 CFD 2005-1 Annexation No. 17, TM 37210, "64 @ The Riv" 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 $22,571 annually, based on the Fiscal Year 2016/17 rates, to be used specifically for public safety services. SUBMITTED Marcus L. Fuller, MPA, P.E., P.L.S. David H. Ready, E Assistant City Manager City Manager Thomas Garcia, P.E. City Engineer 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. 17, 64 @ THE RIV, TRACT MAP NO. 37210, 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 May 3, 2017, adopted its Resolution No. 24218 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. 17, 64 @ the Riv, Tract Map No. 37210" ("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. 17 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 seventeenth 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. 17 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 May 18, 2017, in Book 80 at Page 72 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 as 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 61h DAY OF SEPTEMBER, 2017. DAVID H. READY, CITY MANAGER ATTEST: KATHLEEN D. HART, INTERIM CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, KATHLEEN D. HART, Interim 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 September 6, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: KATHLEEN D. HART, INTERIM 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. 17 64 @ THE RIV, TRACT MAP NO. 37210 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 September 6, 2017, 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. 17 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 May 3, 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: 6 Property Owner: THE RIV LP Riverside County Assessor's Parcel Numbers: 501-090-019 and 501-090-020 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. 17, 64 @ THE RIV, TRACT MAP NO. 37210, 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. 17, 64 @ the Riv, Tract Map No. 37210, 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. 24218, entitled "A Resolution of the City Council of the City of Palm Springs, California, Resolution No. Page 2 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. 17, 64 @ the Riv, Tract Map No. 37210," adopted by this City Council on May 3, 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 61h DAY OF SEPTEMBER, 2017. DAVID H. READY, CITY MANAGER ATTEST: KATHLEEN D. HART, INTERIM CITY CLERK 12 Resolution No. Page 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, KATHLEEN D. HART, Interim 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 September 6, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: KATHLEEN D. HART, INTERIM 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. 17 64 @ THE RIV, TRACT MAP NO. 37210 CANVASS AND STATEMENT OF RESULT OF ELECTION I hereby certify that on September 6, 2017, 1 canvassed the returns of the election held on September 6, 2017, for the City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) Annexation No. 17, 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. 17 6 Special Tax Election, June 7, 2017 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. 17 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 May 3, 2017? Yes: No: IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND on September 6, 2017. By: Kathleen D. Hart, Interim City Clerk City of Palm Springs ' 4 AL 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. 17, 64 @ THE RIV, TRACT MAP NO. 37210 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 June 7, 2017, 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. 17, 64 @ the Riv, Tract Map No. 37210, 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. 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 Ordinance No. Page 2 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 2017-18 in the District, including the Annexation Territory identified as Annexation No. 17, 64 @ the Riv, Tract Map No. 37210, 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 2017-18 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 _ DAY OF , 2017. ROBERT MOON, MAYOR ATTEST: KATHLEEN D. HART, INTERIM CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, KATHLEEN D. HART, Interim 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 September 6, 2017, and adopted at a regular meeting held on 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: KATHLEEN D. HART, INTERIM CITY CLERK City of Palm Springs, California a. 8 Sp City of Palm Springs Office of the City Clerk 3200 E.Tahquitz Canyon Way • Palm Springs, California 92262 C4�IFORN,P Tel:760.323.8204 • Fax: 760.322.8332 •TDD 760.864.9527 •www.palmspringsca.gov NOTICE OF CONTINUANCE NOTICE IS HEREBY GIVEN that the Regular Meeting held on June 7, 2017, the City Council continued Public Hearing Item No. 2.13. to September 6, 2017: A SPECIAL ELECTION AND INTRODUCTION OF AN ORDINANCE AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 17 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES: ACTION: 1) Open the public hearing, and take no public testimony at this time. 2) Continue the public hearing to September 6, 2017. 3) Direct the City Clerk to post a notice of continuance. I, Kathleen D. Hart, Interim City Clerk of the City of Palm Springs, California, certify this Notice of Continuance was posted at or before 6:00 p.m. on June 8, 2017, as required by established policies and procedures. AO-AD KATHLEEN D. HART, MMC Interim City Clerk 19 Post Office Box 2743 9 Palm Springs, California 92263.2743 The Desert Sun 750 N Gene Autry Trail Certificate of Publication Palm Springs, CA 92262 `{E C E 1 Y E U 760-778-4578/Fax 760-778-4731 i i `t 0 F P A L K S P n'P'` State Of California ss: 2117 AUG 31 AM 9' 19 County of Riverside aFICEf1r it 'LCfi')' tLL ; Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 92263 Order# 0002367930 1 am over the age of 18 years old, a citizen of P1O 1200; NOTICE OF PUBLIC HEARING the United States and not a party to, or have CITY COUNCIL COMMUNITY FACILITIES DISTRICT NO.2005-1 interest in this matter. I hereby certify that the (PU�NE� ER attached advertisement appeared in said 640 THE RN,TRACT MAP NO.37210 newspaper(set in type not smaller than non Notre Is hereby given that the City Council of the City of Palm spprlrr California, will hold a public hearing at its meeting of September 6,2017. The pariel)in each and entire issue of said City Council meeting begins at 6:00 p.m.,at the Council Chamber at City Hall, 3200 E.Tahquitz Canyon Way,Palm springs,Califomia,92262,to consider the newspaper and not in any supplement thereof following: CITY OF PALM SPRINGS on the following dates, to wit: COMMUNITY FACILITIES DISTRICT NO.2005.1 (PUBLIC SAFETY SERVICES) NO.17 Newspaper: The Desert Sun 640 THE klv T"PRACDT MAP NO.37210 8/2 6/2 017 On May 3 2017,the CRy Cbuncll,as the kgislrtNa tiadr for Community Facili- ties d ct No.3iXis adopted a resolution entitled'/(Resolution of the City Councll of the CIty of Palm npc Caltfomla,Declaringg Its intention to Annex Territory into a Communr acilNes District and to Authorize fNse Levy of Spa= dal Taxes for City of Palm prings Community Facilities District No.2005-1(Pub tic Safety Services)'(the•Resoution of Intemion ). Pursuant to Mre Resolution ffnia Itha.CItyCtwblic comrenience and rie- in ter" de;d•Ibed'in the Reso- I acknowledge that I am a principal clerk of the luttention,be annexed to ti e e.iigr g pqksttrrlct all a:provided m the MeCommityF"Itt533U1 and following. printer of The Desert Sun, printed and Clovernment Code}(tbe'Act^). Reference is herelmade to the Res olution of Intemion,on file with the Chy Usrk-W the City further artier- published weekly in the City of Palm Springs, Ian. The following is a summary of the provis)ons of the Resolution of Intim tion. County of Riverside, State of California. The In the Resolution of Intention,the City Council declared its intention to annex Desert Sun was adjudicated a Newspaper of territory into Community Facilities District No. 2005-1 (Publte Safety Services) (the-District-). Thr area proposed to be annexed to the District is as shown on general circulation on March 24, 1988 by the Annexation Map No.17,on file with the City Clerk,and identified in Exhibit A of the Resolution of Intention. The District shall fund police services,fire pro- Superior Court of the County of Riverside, tection and suppression services,and life safely services.h is presently intended State of California Case No. 191236. that the services will be provided,without preference or priority, tothha existing Rory in the District and the territory proposed to be annexed to the DistrlcL 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 supportin documents regI declare under penalty of perjury that the the hours of 8,00 this matter mr sand 6:00re �py m,Mondayle for th`roro review Thu�rsdayy..Please coo tact the Office of the City Clerk at(760)323-8204 if you would like to schedule an foregoing is true and correct. Executed on appointmemto reviewthese documents. this 26th day of ST, 2017 in Palm 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 Assess- Springs, Califo ia. ment 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 terrimry proposed to be annexed will be heard. Any person Interested may file a protest in writing with the City Clerk by email at cityclerkOpalmsprings-ca. gov,or letter(for mail or hard delivery)to: . -- Kathleen D.Hart;Interim City Clerk 3200 E.Talx)uitz Carryon Way Palm Springs,CA'22262 Any challenge of the in court may be.limited to raising onlythose is- was raised at the pu tic hearing described In this notice,or in written corre- spondence delivered to the City Clerk at, or prior to, the public hearing. Declarant (Government Code Section 65009(bX2)). An opportunity,will be given at said hearing for all Interested.persons to be heard,t?uactipp rrgqggaardmg this may be directed to Thomas Garcia, City Engf neer,at(760)322-8339. i. Si necesita ayuda cone Pri carts, lefonporfavor 60)3 a la Ciudad de Palm Springs y puede nobler con Felipe Primere telefono(760)323-8253 z 6742. Kathleen D.Hart,MMC Interim City Clerk Published:8/26/17 CITY OF PALM SPRINGS PUBLIC NOTIFICATION s C•4rol+`• Date: September 6, 2017 Subject: Annexation No. 17, CFD 2005-1 (Public Safety Services) AFFIDAVIT OF PUBLICATION I, Cynthia A. Berardi, CMC, Interim 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 August 26, 2017. 1 declare under penalty of perjury that the foregoing is true and correct. 1AJpe C Cynthia 9 Berardi, CMC Interim Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Cynthia A. Berardi, CMC, Interim 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 August 24, 2017. 1 declare under penalty of perjury that the foregoing is true and correct. / ; Cynthia A. Berardi, CMC Interim Chief Deputy City Clerk NOTICE OF PUBLIC HEARING CITY COUNCIL COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 17 64 @ THE RIV, TRACT MAP NO. 37210 Notice is hereby given that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of September 6, 2017. The City Council meeting begins at 6:00 p.m., at the Council Chamber at City Hall, 3200 E. 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. 17 64 @ THE RIV, TRACT MAP NO. 37210 On May 3, 2017, the City Council, as the legislative body for Community Facilities District No. 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. 17, 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. 21 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(a)-palmsprings-ca.gov, or letter (for mail or hand delivery) to: Kathleen D. Hart, Interim 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 a uda con esta carts orfavor Ilame a la Ciudad de Palm Y p Springs s uede Y , P P 9 hablar con Felipe Primera telefono (760) 323-8253 x 8742. 1 <L- :�-- Kathleen D. Hart, MMC Interim City Clerk c: Cindy Berardi From: Joanne Bruggemans Sent: Monday, August 28, 2017 5:38 PM To: Joanne Bruggemans Cc: Cindy Berardi; Thomas Garcia Subject: Annexation No. 17 - 64 @ The Riv, Tract Map No. 37210 Attachments: CC PHN 2017-09-06 Annex 17.pdf ToAll— Please find the attached Public Hearing Notice of the City Council meeting for Wednesday, September 6, 2017 of the proposed Annexation No. 17 - 64 @ The Riv,Tract Map No. 37210 for your review. J Joanne H Bruggemans City of Palm Springs Planning Services Department 3200 E.Tahquitz Canyon Way, Palm Springs, CA 92262 Tel: (760) 323-8245 Fax: (760) 322-8360 Email: joanne.bruggemans@palmspringsca-gov 1 OFFICIAL BALLOT ANNEXATION SPECIAL TAX ELECTION City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) Annexation No. 17 64 @ the Riv, Tract 37210 This ballot is for a landowner Special Tax 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 September 6, 2017 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. 17 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 May 3, 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: 6 Property Owner: THE RIV, LP, a California limited partnership Riverside Coun ses is Par 'I Numbers: 501-090-019 and 501-090-020 By: '�!i PETITION (With Walters) To Annex Properly to Community Facilities District No.20064 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 property 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. 200.5-1 to be designated "Annexation No. 17"(thee"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. Purposp 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 waiting periods under the Actfor 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: 501-090- 019 and 501-090-020. The Properties consists of a total of 5.22 acres. The record owner of the Property is:THE Rl , P, alifornia limited pa ip Executed on .tune 27 201_7, Title: Dennis A. Cunningha ,Authorized Representative r•r C_ The address to which ballot for the CFD annexation election is to be sent: ) THE RIV, LP co >r, c/o Ernest Vincent,Attorney at Law 7 Kern Court r x rn Oceanside, CA 92057 c r Co PETITION (with Walvers) To Annex Property to Community Facilities District No.2005-1 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 property 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.17"(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 waiting 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:501-090- 019 and 501-090-020. The Properties consists of a total of 5.22 acres. The record owner of the Property is:AGRE DCP PALM SPRINGS Executed on .2b 201 , By-" Title: The address to which ballot for the CFD annexation election is to be sent: AGRE DCP Palm Springs 3021 Citrus Cir No. 130 Walnut Creek,CA 94598 Land Owner and Voter: '- THE RIV, LP, a California limited partnership t: 7 Kern Court Oceanside, CA 9205RECEIYED 7 fT e F PALM SPRING,, �� I' L! CV CITY CLERK ► — = CITY OF PALM SPRINGS 3200 EAST TAHQUITZ CANYON WAY o ' „� PALM SPRINGS, CA 92262 RECEIVED I hereby declare under penalty ur Ncnjuiy � 7 on the enclosed ballot is the owner of record or the authorized JUL 12 PH 3: 0 7 representative of the land owner entitled to vote said ballot. OFFICE (F l.Eat Executed on 2017 in the City of ,�'_ /��ao�®,�-e'•j State of .7 Attention: This envelope contains an official ballot and is to THE RIV, LP, a California limited partnership be opened only by the canvassing board with respect to the City of Palm Springs Community Facilities District No. Print: J: N Cr.®>1/n�/Nr�y. 7 2005-1 (Public Safety Services), Annexation No. 17 Special Tax Election to be held on September 6, 2017. By: Its: _ C-�y neVOF