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Home My WebLink About6/7/2017 - STAFF REPORTS - 2.B. �VPAM gp c V N C4ffFORN�P CITY COUNCIL STAFF REPORT DATE: June 7, 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 is related to the annexation of additional properties into CFD 2005-1 identified as Annexation No. 17 (for Tract Map No. 37210 — "64 @ the Rid'). The subject property is in escrow to be acquired by the developer of Tract Map No. 37210; however, escrow has not closed and the developer is not yet the title owner to the property. The official ballots for the election of the property owners to annex into CFD 2005-1 must be executed by the current title owner of the property, and the current property owner and developer of Tract Map No. 37210 have requested a delay in the public hearing and election for Annexation No. 17 for 90 days to allow the property acquisition to be completed. RECOMMENDATION: 1. Open the public hearing, and take no public testimony at this time; 2. Continue the Public Hearing to September 6, 2017; and 3. Direct the City Clerk to post a notice of continuance. rMM NO. � a City Council Staff Report June 7, 2017 -- Page 2 CFD 2005-1 Annexation No. 17, TM 37210, "64 @ The Riv" SUBMITTED �M Marcus L. Fuller, MPA, P.E., P.L.S. Thomas Garcia, P.E. Assistant City Manager City Engineer David H. Ready, Esq., Ph. City Manager 02 CITY OF PALM SPRINGS PUBLIC NOTIFICATION 4 raMr Date: June 7, 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 May 27, 2017. 1 declare under penalty of perjury that the foregoing is true and correct. Cynthia A. 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 May 25, 2017. 1 declare under nalty of perjury that the foregoing is true and correct. Cynthia A. Berardi, CMC Interim Chief Deputy City Clerk 03 The Desert Sun 750 N Gene Autry Trail Certificate of Publication Palm Springs, CA 92262 RECEIVED 760-778-45781 Fax 760-778-4731 CITY Of PALM SPRING'-. State Of California ss: County of Riverside 2011 JUN -6 PIN 1, 51 OFFICE OFF TNrE CiTY CLERK. Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 92263 Order# 0002163287 1 am over the age of 18 years old,a citizen of the United States and not a party to, Or have interest in this matter. I hereby certify that the attached advertisement appeared in said �,■r1ntL.rL{ ■uv� I newspaper(set in type not smaller than non NOTICE OF PUBLIC HEARING NO 0733: CITY COUNCIL - parlel) In each and entire Issue of said COMMUNITY FACILITIES DISTRICT NO.2005-1 an newspaper and not in supplement thereof (PUBLIC SAFETY SERVICES) Y PP ANNEXATION No.17 on the following dates,to wit: 640 THE RIV,TRACT MAP NO.37210 Notice is hereby given that the City Council of the'City of Palm Springs, Newspaper:The Desert Sun California, will hold a public hearing at its meeting of June 7,2017. The City Council meeting begins at 6:00 p.m., at the Palm Springs Convention Center, Primrose 8,located at 277 N. Avenida Caballeros, Palm Springs, California, 5/2 7/2 017 92262,to consider the following. CITY OF PALM SPRINGS _ COMMUNITY FACILITIES DISTRICT NO.2005-1 (PUBLIC SERVICES) ANNEXATION NO 17 - _ 64®THE RIV,TRACT MAP NO.37210 I acknowledge that I am a principal clerk Of the on May 3,2017,the City Council,as the legislative body for Community Faclli- ties District No.2005-1.adopted a resolution entitled"A Resolution of the City printer of The Desert Sun, printed and 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 Spa- published weekly in the City of Palm Springs, cial Taxes for City of Palm Springs Community FacllitiesDiurict No.a Res {Pub- lic Safety Services)" he"Resolution of Intention ): Pursuant to the Resolution County of Riverside, State of California.The of Intention,the CiTy Council determined that the public convenience and ne- Desert Sun was adjudicated a Newspaper of cessiTy require that certain territory,as more particularly deuribed in the Reno- 1lotion of Intention, be annexed to the existing District,all as provided in the general circulation on March 24, 1988 b the Mello-Roos Community Facilities Ad of 1982 (Sections 53311 and following, 9 Y California Government Code)(the"Act"). Reference ishereby made to the Res- $U Superior Court of the County Of Riverside, C-11.,of Intention'I, on file with foie City Clerk of the CiTy for further pan e P are. The following Is a summary of the provsi.ns of the Resolution of Inten- State Of California Case No. 191236. tie". 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 AnnexaUan-Map No.117,on file with the City Clerk,and identified.in Exhibit A 'of the Resolution of Intention. The District shall fund police services;fire pro- tectionand suppression services,and life safety services.It is,presently intended that She services will be provided,without preference or priority,to the existing territory in the DIStriCt and the territorryy proposed to be annexed to.the DIStriCt. declare under penalty of perjury that the 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, foregoing is true and correct. Executed on subject to public hearing and owner consent proceedings as specified in the Act.this 27th day of MAY 2017 in Palm Springs, REVIEW OF INFORMATION: The staff report and other supporting documents -� regarding this matter are available for public review at the City Hall between California. the hours of 8:00 a.m.and b.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 appointmentto review these documents. At the hearing any person may present oral.f written testimony. The City Council will consider..all.objections or protests. if any,to the proposed Assess- 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 territory proposed to be annexed will be heard.,Any person interested may 1 file,a protest in writing with the City Clerk by email at otyclerkapalmsprings-ca, gov,or letter(for mail or hand delivery)to: :Kathleen D.Hart,Interim City Clerk 3200 E.Tahyuitz Canyon Way Palm Springs CA 92262 (1 Any challenge of the proposed in court may be limited to raising only those is, / sues raised at the public hearing described in this notke or in written corre- spondence delivered:to the Cit%Clerk at, or prior to the public hearing. (Government Code Section 65009 )(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 Engi- neer,at(760)322-83g9.Si necesita ayuda con esta Carta,porfavor lame a la Ciudad de Palm Springs y puede hablar con Felipe Primera telefono(760)323-8253 x 8742. Kathleen D.Hart,MMC - Published:5127/2017 Interim City Clerk CG, �L�d7/l7 �? .;5 , 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 June 7, 2017. The City Council meeting begins at 6:00 p.m., at the Palm Springs Convention Center, Primrose B, located at 277 N. Avenida Caballeros, 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. 04 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 ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Felipe Primera telefono (760) 323-8253 x 87/4y2.. ��1Qli�J Kathleen D. Hart, MMC Interim City Clerk 05 Cindy Berardi From: Email,TDS-Legals <legals@thedesertsun.com> Sent: Tuesday, May 23, 2017 8:22 AM To: Cindy Berardi Subject: RE: CC PHN CFD Annex 17 on 2017-06-07 Good Morning Ad received and will publish on date(s) requested. Charlene Moeller I Customer Care Representative/ Legals The Desert Sun Media Group 750 N. Gene Autry Trail, Palm Springs, CA 92262 t 760.778.4578 1 f 760.778.4528 e: legals(a)thedesertsun.com Lobby hours are 9am-noon (closed for lunch) 1:30p-4pm This email and any files transmitted with it are confidential and intended for the individual to whom they are addressed. If you have received this email in error, please notify the sender and delete the message from your system From: Cindy Berardi Imailto:Cindy.Berardi@palmsprings-ca.aov] Sent: Monday, May 22, 2017 4:18 PM To: Email,TDS-Legals<Iegals@thedesertsun.com> Cc: Kathie Hart<Kathie.Hart@palmsprinas-ca.gov> Subject:CC PHN CFD Annex 17 on 2017-06-07 Hi Charlene, Please publish the attached on Saturday, May 27, 2017. Thank you. Cynthia A. Berardi, CMC Intorim Chief Deputy City Clerk City of Palm Springs P. O. Box 2743 Palen Springs. CA 92263 (760) 322-8355 (760) 322-8332 fax Please note: City Hall is open Monday-Thursday 8:00am-6:00pm, and we are closed on Fridays. t