HomeMy WebLinkAbout4/19/2017 - STAFF REPORTS - 2.A. A.
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C'411, VL % CITY COUNCIL STAFF REPORT
DATE: April 19, 2017 PUBLIC HEARING
SUBJECT: CALLING AND CONDUCTING THE SPECIAL ELECTION AND
INTRODUCTION OF AN ORDINANCE AUTHORIZING THE LEVY OF
SPECIAL TAXES WITHIN ANNEXATION NO. 16 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. 16 (for
Tract Map No. 31848 - "Miralon").
RECOMMENDATION:
1. Open the public hearing, take public testimony, and consider property owner
protests associated with Annexation No. 16 (for Tract Map No. 31848
"Miralon"); and
2. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING ANNEXATION
NO. 16, MIRALON, TRACT MAP NO. 31848, 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
April 19, 2017 -- Page 2
Public Hearing of Annexation No. 16, "Miralon", TM 31848 to CFD 2005-1
OF AN AMENDMENT TO NOTICE OF SPECIAL TAX LIEN FOR ANNEXATION
NO. 16, MIRALON, TRACT MAP NO. 31848, 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. 16, MIRALON,
TRACT MAP NO. 31848, 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. 16 — Tract Map No. 31848, identified as "Miralon," a residential
development consisting of 752 single family residences and 398 multi-family
residences.
The location map with a 500' buffer for the development is shown in Figure 1 .
02
City Council Staff Report
April 19, 2017--Page 3
Public Hearing of Annexation No. 16, "Miralon", TM 31848 to CFD 2005-1
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Figure 1 — Location Map, Annexation No. 16, "Miralon" TM 31848
Previously, the City Council conditionally approved the project with a requirement to
participate in the process of annexing into CFD 2005-1. On March 15, 2017, the City
Council adopted Resolution No. 24199 declaring its intention to annex this project into
CFD 2005-1, and scheduled a public hearing for April 19, 2017, at which time a special
election by landowner vote was to be called.
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. 16 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 resolution declaring
the results of the special election and introduce for the first reading the ordinance
authorizing the levy of special tax for CFD 2005-1 in Annexation No. 16.
03
City Council Staff Report
April 19, 2017-- Page 4
Public Hearing of Annexation No. 16, "Miralon", TM 31848 to CFD 2005-1
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 annexation of the residential development into CFD 2005-1, after construction
of the units (issuance of building permits), the special tax to be levied within the
development will generate an additional $455,015 annually, based on the Fiscal Year
2016/17 rates, to be used specifically for public safety services.
SUBMITTED:
Marcus L. Full r, MPA, PE, PLS David H. Ready, Es
Assistant City Manager/City Engineer City Manager
Attachments:
1. Resolution
2. Ordinance
04
Attachment 1
05
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AUTHORIZING
ANNEXATION NO. 16, MIRALON, TRACT MAP NO. 31848,
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 March 15, 2017, adopted its Resolution No.
24199 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. 16, Miralon, Tract Map No.
31848" ('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. 16 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 fifteenth 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. 16 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 March 22, 2017, in Book 80 at Page 50 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 is, 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
of Palm Springs 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 191h DAY OF APRIL, 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 April 19, 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. 16
MIRALON, TRACT 31848-1
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 April 19, 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. 16 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
March 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: 297
Property Owner: Avalon 1150, LLC
Riverside County Assessor's Parcel Numbers: See Attached Listing
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. 16, MIRALON, TRACT MAP NO.
31848, 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. 16, Miralon, Tract Map
No. 31848, 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. 24199,
entitled "A Resolution of the City Council of the City of Palm Springs, California,
11
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. 16, Miralon, Tract Map No.
31848," adopted by this City Council on March 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 191h DAY OF APRIL, 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 April 19, 2017, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
KATHLEEN D. HART, INTERIM CITY CLERK
City of Palm Springs, California
1 �
EXHIBIT A
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 16
MIRALON, TRACT 31848
CANVASS AND STATEMENT OF RESULT OF ELECTION
I hereby certify that on April 19, 2017, 1 canvassed the returns of the election held on April 19, 2017,
for the City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services)
Annexation No. 16, 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. 16 297
Special Tax Election, April 19, 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. 16 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 March 15, 2017?
Yes:
No:
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND on April 19, 2017.
By:
Kathleen D. Hart, Interim 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. 16,
MIRALON, TRACT MAP NO. 31848 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
March 15, 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. 16,
"Miralon", Tract Map No. 31848, 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
2017-18 in the District, including the Annexation Territory identified as Annexation No.
16, "Miralon", Tract Map No. 31848, and in each fiscal year thereafter to pay for the
Services for the District and all 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 19T" DAY OF APRIL, 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 April 19, 2017, and adopted
at a regular meeting held on May 3, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
KATHLEEN D. HART, INTERIM CITY CLERK
City of Palm Springs, California
28
CITY OF PALM SPRINGS
PUBLIC NOTIFICATION
Date: April 19, 2017
Subject: Annexation No. 16, 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 April 8, 2017.
I declare Vnder of perjury that the foregoing is true and correct.
Cynthia A. erardi, 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 April 4, 2017.
I 7Nund ;k
r penalty
of perjury that the foregoing is true and correct.
ynthia A. Berardi, CMC
Interim Chief Deputy City Clerk
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The Desert Sun
750 N Gene Autry Trail Certificate of Publication
Palm Springs, CA 92262 RECEIVED
760-778-4578/Fax 760-778-4731 i T Y OF PALM SPRING.
State Of California ss: 2111 APR I I AM 9' 02
County of Riverside
JFFICE OF"i'iE CI l`t' CLE''s .`.
Advertiser: CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 92263
Order# 0002048811
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
newspaper(set in type not smaller than non
pariel)in each and entire issue of said No 0475. NOTICE DOFF PUOBCITYV C�HLEARING
newspaper and not in any supplement thereof COMMUNITY FACILITIES DISTRICT NO.2005.1
(ANNEXATION NO.
on the following dates, to wit: MiRALON,TRACT MAP NO.318"
Newspaper:The Desert Sun NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs,
California,will hold a public hearing at Its meeting of April 19.2017• The City
Council meeting tieakn at 6:00 p;m.;in the Councl Chamber at City Hall,3200
4/6/2017 E.Tahqultz Canyon way,Paim Springs.
on March 15,2017,the City Council,as the legislative body for ccxnmunof Fa-
cilities Dis rict No.2005.1.adopted a resolution entitled A Resolution the
CRY Council of the City of Palm SpringCalifornia, Declaring Its Intention to
Annex Territory irdo a Community Facies District and to Authorize the Levy
of Special Taxes'(the-Resolution of Intention"). Pursuant to the Resolution of
Intention,the City Council determined that the public convenience and necessi-
I acknowledge that I am a principal clerk of the ty regmre that certain territory,as morn rD�rlh described In the Resolution
of Intention,be annexed to the ex Distltt,in as provided.in the Mello-
printer of The Desert Sun, printed and Roos Commun ty Fadl ties Act of 1982 53311 and following,California
Government Code)(the`Act"). Reference it hereby made to the Resolution of
published weekly in the City of Palm Springs, Intention,on file with the City Clerk of the City,for further particulars. The fol-
County of Riverside, State of California. The lowing is a summary of the provisions of the Resolution of Intention.
adjudicated a Newspaper Df in the Resolution of Intention,Me City Council declared its intention to annex
Desert Sun was ad
1territorq into Community Facilities District No. 2005-1 (Public Safety Services)
general circulation on March 24, 1988 b the (the-District-). The area proposed to be annexed to the District is as shown on
9 Y Annexation Map No.16,on ffile with the City Clerk,and identified in Exhibit A
Superior Court of the County of Riverside, of the Resolution of Intention. The District shall fund police services,fire pro-
tection and suppression services,and life saffeettyy services. It is proton tty intended
State of California Case No. 191236. that the services will be provided,withouvpreference or priority,to existing
territory in the District and the territory proposed to be annexed to the District.
The Resolution of Intention provides Mat 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
I declare under penalty of perjury that the the hours of 8:00 a.m.and 6:00�pre.,Monday through Thursday.Please contact
the Office of the City Clerk at X"(3)323-8204 H you would like to schedule an
foregoing is true and correct. Executed on appointment to review these documents.
this 6th da Of APRIL, 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, C ornia. /_/ ment District boundaries.
At the public hearing the testimony of all interested persons for and against the
{ annexation of mid territory to the District or the levying of special taxes within
the territory proposed to be annexed will be heard. Airy person Interested may
file a protest in writing with the City Clark by email at c tyclerkOpalmsprings-ca.
gov,or letter(for mail or hand delivery)to:
Kathleen Hart,Interim City Clerk
- - 3200 E..Ts,Canyon Way
Spring
Palm Springs,CA 92262
Airy challenge of the pprroposed In court may be limited to raising only those is-
sues raised at the publk fleari described in this notice,or In written corre-
spondence delivered to tl1e CRY Clerk,at, or,prior to, the public hearing.
Declaran (Government Code Section GM
)Q))• ,
An porhmity will be given at said hearing for all Interested persons to be
City MaQuestions regardingEngineer t i(76N 23be-BZ02 directed to Marcus L.Fuller,Assistant
Si
puede hablar ucon FenpeePrimate t"0110(760)3 3-92 3 x 84 2 e Palm Springs y
Kathleen D.Hart,MMC Published:4/6/2017
y�tl�n^terim City Clerk s��yyy�I
Cif I ' t 1 , R �" ' t
NOTICE OF PUBLIC HEARING
CITY COUNCIL
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 16
MIRALON, TRACT MAP NO. 31848
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs,
California, will hold a public hearing at its meeting of April 19, 2017. The City Council
meeting begins at 6:00 p.m., in the Council Chamber at City Hall, 3200 E. Tahquitz
Canyon Way, Palm Springs.
On March 15, 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" (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. 16, 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.
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.
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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(@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 Marcus L. Fuller, Assistant City
Manager/City Engineer at (760) 323-8202.
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.
V��Aw(p—
Kathleen D. Hart, MMC
Interim City Clerk
21