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HomeMy WebLinkAbout9/2/2015 - STAFF REPORTS - 1.E. iy V N C4 < PO CITY COUNCIL STAFF REPORT I PO RN�P DATE: September 2, 2015 PUBLIC HEARING SUBJECT: CALLING AND CONDUCTING THE SPECIAL ELECTION, AND INTRODUCTION OF AN ORDINANCE AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN ANNEXATIONS NO. 1 AND NO. 2 TO COMMUNITIY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES) FROM: David H. Ready, City Manager BY: Marcus Fuller, Assistant City Manager/City Engineer SUMMARY The City Council previously established Community Facilities District 2007-1 (Public Safety Services) (CFD 2007-1) in September 2007, to levy a special tax on properties located within the Agua Caliente Band of Cahuilla Indians Reservation on Indian Allottee leased property or Tribal Trust property, 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 2007-1 identified as Annexation No. 1 (for Tract Map No. 36815 — Canyon Lofts) and as Annexation No. 2 (for Tract Map No. 36651 — 18 @ Twin Palms); the action also schedules a Public Hearing for September 2, 2015, to officially annex these additional properties into CFD 2007-1. RECOMMENDATION: 1. Open the public hearing, take public testimony, and consider property owner protests associated with Annexation No. 1 (for Tract Map No. 36815 — Canyon Lofts) and as Annexation No. 2 (for Tract Map No. 36651 — 18 @ Twin Palms), to Community Facilities District 2007-1 (Public Safety Services); and 2. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING ANNEXATION NO. 1, CANYON LOFTS, TRACT MAP NO. 36815, INTO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES), AUTHORIZING THE LEVY OF A SPECIAL TAX, AND SUBMITTING THE LEVY OF SPECIAL TAX TO QUALIFIED ELECTORS;" and ITEM NO.-� City Council Staff Report September 2, 2015-- Page 2 CFD 2007-1 Annexation No. 1 & No. 2 3. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING ANNEXATION NO. 2, 18 @ TWIN PALMS, TRACT MAP NO. 36651 , INTO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES), AUTHORIZING THE LEVY OF A SPECIAL TAX, AND SUBMITTING THE LEVY OF SPECIAL TAX TO QUALIFIED ELECTORS;" and 4. Conduct the special election, and direct the City Clerk to canvass the results; and 5. 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 OF AN AMENDMENT TO NOTICE OF SPECIAL TAX LIEN FOR ANNEXATION NO. 1, CANYON LOFTS, TRACT MAP NO. 36815, INTO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES);" and 6. 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 OF AN AMENDMENT TO NOTICE OF SPECIAL TAX LIEN FOR ANNEXATION NO. 2, 18 @ TWIN PALMS, TRACT MAP NO. 36651 , INTO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES);" and 7. 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. 1, CANYON LOFTS, TRACT MAP NO. 36815, INTO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES);" and 8. 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. 2, 18 @ TWIN PALMS, TRACT MAP NO. 36651 , INTO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES);" and STAFF ANALYSIS: The City Council created Community Facilities District 2007-1 (Public Safety Services) (CFD 2007-1) to allow the City to levy a special tax on certain properties located within 02 City Council Staff Report September 2, 2015 -- Page 3 CFD 2007-1 Annexation No. 1 & No. 2 the Agua Caliente Band of Cahuilla Indians Reservation on Indian Allottee leased property or Tribal Trust property, 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 Indian Allottee leased properties or Tribal Trust properties, either by formation of new Districts or as an annexation into the original CFD 2007-1. As new residential developments on Allottee leased or Tribal Trust properties have been approved by the City, they are conditionally approved with a requirement to annex into CFD 2007-1. CFD 2007-1 was specifically established separately from the City's other District, Community Facilities District 2005-1 (Public Safety Services) (CFD 2005- 1), for properties that are located on Indian Allotted or Tribal Trust property, and cannot be annexed into the existing CFD 2005-1 due to their unique ownership status. Under both Federal and State case law, Allottee or Tribal Trust property is held "in trust" by the Federal Government for the benefit of its Indian Allottee land owners or the Tribe itself. As such, the land has been determined "an instrumentality" of the Federal Government and is not subject to direct taxation, including the special tax levied through CFD 2005- 1. Although Indian Allottee land owners are not considered "landowners" for purposes of the Act and cannot be taxed directly, it has been determined that the possessory or leasehold interest is subject to taxation. Since CFD 2005-1 does not provide for an encumbrance against possessory interest, the City formed CFD 2007-1 to accommodate the Indian Allottee or Tribal Trust properties, as well as to attach the burden of CFD 2007-1 to the possessory interest. At this time, two residential developments approved on Indian Allottee leased or Tribal Trust property are recommended for annexation into CFD 2007-1: • Annexation No. 1 — Tract Map No. 36815, identified as "Canyon Lofts," a residential development consisting of 32 multi-family units and 2 live/work units; and • Annexation No. 2 — Tract Map No. 36651, identified as 18 @ Twin Palms," a residential development consisting of 18 single-family units. The location maps for each development are included in this report. 03 City Council Staff Report September 2, 2015 -- Page 4 CFD 2007-1 Annexation No. 1 & No. 2 Location Map Annexation No. 1 "Canyon Lofts," Tract Map No. 36815 Illll■ � ��h-i IFI 1 , Location Map Annexation No. 2 "18 @ Twin Palms," Tract Map No. 36651 NOWWWO yWml WEM Li Mawf)V - Vicinity maps illustrating a 500 feet radius boundary from each development are included as Attachment 1. 04 City Council Staff Report September 2, 2015-- Page 5 CFD 2007-1 Annexation No. 1 & No. 2 Previously, the City Council conditionally approved each of these projects with a requirement to participate in the process of annexing into CFD 2007-1. On July 15, 2015, the City Council adopted Resolutions No. 23859 and 23860, declaring its intention to annex these projects into CFD 2007-1, and scheduled a public hearing for September 2, 2015, at which time a special election by landowner vote was 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 Annexations No. 1 and No. 2 to CFD 2007-1. 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 Resolutions declaring the results of the special election, and introduce for first reading Ordinances authorizing the levy of the special tax for CFD 2007-1 in each of the Annexations. 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 complete the annexation of certain properties into CFD 2007-1, 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: The special tax that is currently being assessed on properties within CFD 2007-1 is based upon a Fiscal Impact Analysis that was prepared by MuniFinancial. Based on this analysis, the current special tax for a single-family residence is $408.43 per year, and will increase by the annual escalation factor until it reaches the maximum of $500. The current special tax for a multi-family residence is $344.25, and cannot exceed the maximum of $500. The special tax is collected as part of the annual property tax. The 2015-16 fiscal year budget includes $9,000 in revenue generated by special taxes levied in CFD 2007-1 for public safety services. Following annexation of these two residential developments into CFD 2007-1, after construction of the units (issuance of building permits), the special tax to be levied within these developments will generate an additional $17,901 annually to be used specifically for public safety services. 05 City Council Staff Report September 2, 2015 -- Page 6 CFD 2007-1 Annexation No. 1 & No. 2 SUBMITTED: Marcus L. Fuller, MPA, PE, PLS David H. Ready, Es Assistant City Manager/City Engineer City Manager Attachment: 1. Vicinity Maps 2. Resolutions (4) 3. Ordinances (2) 06 Attachment 1 07 N A Gt OPLMS I Department of Public Works and Engineering ,h E }�.., Vicinity Map C4�If00.N�p S ; ARENAS-RD ARENAS RD , i Zi Z U 2 Z Z LU W'' W W C < uu a - BAR STO RD z U v ' I SATURNINO RD Legend Site MO' Radius CITY OF PALM SPRINGS 08 N 4aP P PlM S�oZ Department of Public Works and Engineering w E a�....; M Vicinity Map t ��I�PaPN�P .l oQ a U o Z i a Q J !6 Q O l W 7�? 2 R ,_..... �W O - - CiLL-6 E•PALM•CANYON-DR N PALMS DR RE � g � . i a; z x �I a �, J v LA JOLLA RD Z _ i i J MARION WAY n U, Eg5Radws .. CITY OF PALM SPRINGS 09 Attachment 2 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. 1, CANYON LOFTS, TRACT MAP NO. 36815, INTO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (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. 2007-1 (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. 1, Canyon Lofts, Tract Map No. 36815, into Community Facilities District No. 2007-1 (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. 23859, entitled "A Resolution of the City Council of the City of Palm Springs, California, � 1 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. 2007-1, (Public Safety Services), Annexation No. 1, Canyon Lofts, Tract Map No. 36815," adopted by this City Council on July 15, 2015. 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 2nd DAY OF SEPTEMBER, 2015. DAVID H. READY, CITY MANAGER ATTEST: JAMES THOMPSON, CITY CLERK 12 Resolution No. Page 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, 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 2, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JAMES THOMPSON, CITY CLERK City of Palm Springs, California 13 EXHIBIT A CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 1 CANYON LOFTS, TRACT 36815 CANVASS AND STATEMENT OF RESULT OF ELECTION I hereby certify that on September 2, 2015, 1 canvassed the returns of the election held on September 2, 2015, for the City of Palm Springs Community Facilities District No. 2007-1 (Public Safety Services) Annexation No. 1, 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. 2007-1 (Public Safety Services) Annexation No. 1 2 Special Tax Election, September 2, 2015 BALLOT MEASURE: Shall the City of Palm Springs, by and for its Community Facilities District No. 2007-1 (Public Safety Services) (the "CFD"), be authorized to annually levy a special tax within the territory identified as Annexation No. 1 to the CFD in accordance with the rate and method of apportionment described in the Resolution of Intention adopted by the Council of the City of Palm Springs on July 15, 2015? Yes: No: IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND on September 2, 2015. By: James Thompson, City Clerk City of Palm Springs 14 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. 2, 18 @ TWIN PALMS, TRACT MAP NO. 36651, INTO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (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. 2007-1 (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. 2, 18 @ Twin Palms, Tract Map No. 36651, into Community Facilities District No. 2007-1 (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. 23860, entitled "A Resolution of the City Council of the City of Palm Springs, California, 15 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. 2007-1, (Public Safety Services), Annexation No. 2, 18 @ Twin Palms, Tract Map No. 36651," adopted by this City Council on July 15, 2015. 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 2nd DAY OF SEPTEMBER, 2015. DAVID H. READY, CITY MANAGER ATTEST: JAMES THOMPSON, CITY CLERK 16 Resolution No. Page 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, 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 2, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JAMES THOMPSON, CITY CLERK City of Palm Springs, California 17 EXHIBIT A CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 2 18 @ TWIN PALMS, TRACT 36651 CANVASS AND STATEMENT OF RESULT OF ELECTION I hereby certify that on September 2, 2015, 1 canvassed the returns of the election held on September 2, 2015, for the City of Palm Springs Community Facilities District No. 2007-1 (Public Safety Services) Annexation No. 2, 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. 2007-1 (Public Safety Services) Annexation No. 1 3 Special Tax Election, September 2, 2015 BALLOT MEASURE: Shall the City of Palm Springs, by and for its Community Facilities District No. 2007-1 (Public Safety Services) (the "CFD"), be authorized to annually levy a special tax within the territory identified as Annexation No. 2 to the CFD in accordance with the rate and method of apportionment described in the Resolution of Intention adopted by the Council of the City of Palm Springs on July 15, 2015? Yes: No: IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND on September 2, 2015. By: James Thompson, City Clerk City of Palm Springs 18 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING ANNEXATION NO. 1, CANYON LOFTS, TRACT MAP NO. 36815, INTO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (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. 2007-1 (Public Safety Services) (the "District'), and WHEREAS, this City Council on July 15, 2015, adopted its Resolution No. 23859 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. 2007-1, (Public Safety Services), Annexation No. 9, Canyon Lofts, Tract Map No. 36815," (the "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 19 Resolution No. Page 2 existing District, or (ii) any of the owners of land in the territory proposed to be annexed to the District; and WHEREAS, Annexation Map No. 1 to 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 annexation of territory thereto, identified as Annexation No. 1, (Canyon Lofts, Tract Map No. 36815), 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. 1 of Community Facilities District No. 2007-1 (Public Safety Services)," on file with the City Clerk and heretofore recorded in the Riverside County Recorder's Office on July 28, 2015, in Book 78 at Page 46 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. 20 Resolution No. Page 3 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 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 21 Resolution No. Page 4 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 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 2nd DAY OF SEPTEMBER, 2015. DAVID H. READY, CITY MANAGER ATTEST: JAMES THOMPSON, CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, 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 2, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JAMES THOMPSON, CITY CLERK City of Palm Springs, California 22 EXHIBIT A CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 1 CANYON LOFTS, TRACT 36815 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 2, 2015, 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. 2007-1 (Public Safety Services) (the "CFD"), be authorized to annually levy a special tax within the territory YES: identified as Annexation No. 1 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 July 15, 2015? 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: 2 Property Owner: Riverside County Assessor's Parcel Numbers: 508-085-004 By: 23 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING ANNEXATION NO. 2, 18 @ TWIN PALMS, TRACT MAP NO. 36651, INTO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (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. 2007-1 (Public Safety Services) (the "District'), and WHEREAS, this City Council on July 15, 2015, adopted its Resolution No. 23860 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. 2007-1, (Public Safety Services), Annexation No. 2, 18 @ Twin Palms, Tract Map No. 36651," (the "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 24 Resolution No. Page 2 existing District, or (ii) any of the owners of land in the territory proposed to be annexed to the District; and WHEREAS, Annexation Map No. 2 to 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 annexation of territory thereto, identified as Annexation No. 2, (18 @ Twin Palms, Tract Map No. 36651), 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. 2 of Community Facilities District No. 2007-1 (Public Safety Services)," on file with the City Clerk and heretofore recorded in the Riverside County Recorder's Office on July 28, 2015, in Book 78 at Page 47 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. 25 Resolution No. Page 3 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 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 26 Resolution No. Page 4 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 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 2"d DAY OF SEPTEMBER, 2015. DAVID H. READY, CITY MANAGER ATTEST: JAMES THOMPSON, CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, 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 2, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JAMES THOMPSON, CITY CLERK City of Palm Springs, California 27 EXHIBIT A CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 2 18 @ TWIN PALMS, TRACT 36651 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 2, 2015, 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. 2007-1 (Public Safety Services) (the "CFD"), be authorized to annually levy a special tax within the territory YES: identified as Annexation No. 2 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 July 15, 2015? **provided, however, Agua Caliente Band of Cahuilla Indians does not waive, limit, or alter (a) its taxation rights or authority under 25 C.F.R. Part 162 or any successor regulations, as same may be amended from time to time, or (b) its tribal sovereign immunity, except only as expressly provided in this Ballot. 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: 3 Property Owner: Agua Caliente Band of Cahuilla Indians, a federally recognized Indian Tribe Riverside County Assessor's Parcel Number: 511-041-003 By: 28 Attachment 3 29 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. 1, CANYON LOFTS, TRACT MAP NO. 36815, INTO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (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. 2007-1 (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 17, 2007; 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 September 2, 2015, 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. 1, Canyon Lofts, Tract Map No. 36815, into Community Facilities District No. 2007-1 (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. 3n 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. 1723 passed and adopted by the City Council on November 7, 2007, and the special tax is hereby levied commencing in fiscal year 2016- 17 in the District, including the Annexation Territory identified as Annexation No. 1, Canyon Lofts, Tract Map No. 36815, 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 2016-17 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. 31 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 161h DAY OF SEPTEMBER, 2015. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, 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 2, 2015, and adopted at a regular meeting held on the September 16, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JAMES THOMPSON, CITY CLERK City of Palm Springs, California 32 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. 2, 18 @ TWIN PALMS, TRACT MAP NO. 36651 , INTO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (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. 2007-1 (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 17, 2007; 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 September 2, 2015, 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. 2, 18 @ Twin Palms, Tract Map No. 36651, into Community Facilities District No. 2007-1 (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. 33 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. 1723 passed and adopted by the City Council on November 7, 2007, and the special tax is hereby levied commencing in fiscal year 2016- 17 in the District, including the Annexation Territory identified as Annexation No. 2, 18 @ Twin Palms, Tract Map No. 36651, 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 2016-17 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. 34 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 16th DAY OF SEPTEMBER, 2015. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, 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 2, 2015, and adopted at a regular meeting held on the September 16, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JAMES THOMPSON, CITY CLERK City of Palm Springs, California 35 CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION oYM s'4 Date: September 2, 2015 Subject: CFD 2007-1 , Annexation 1 Canyon Lofts, TM 36815 AFFIDAVIT OF PUBLICATION I, Kathie Hart, MMC, 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 15, 2015. 11 declare under penalty of perjury that the foregoing is true and correct. , unn Kathie Hart, MMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Kathie Hart, MMC, 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 11, 2015. 1 declare under penalty of perjury that the foregoing is true and correct. Lbt6A2 Kathie Hart, MMC Chief Deputy City Clerk /kd h 36 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 1, CANYON LOFTS, TRACT MAP NO. 36815 Notice is hereby given that the City Council of the City of Palm Springs will conduct a public hearing on Wednesday, September 2, 2015, at 6:00 p.m. at City Hall, City Council Chamber, located at 3200 East Tahquitz Canyon Way, Palm Springs, California, 92262, to consider the following: COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 1 CANYON LOFTS, TRACT MAP NO. 36815 On July 15, 2015, the City Council, as the legislative body for the District, adopted Resolution No. 23859, "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. 2007-1 (Public Safety Services) (the "District'). The area proposed to be annexed to the District is as shown on Annexation Map No. 1, 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. Any person affected may file a protest in writing with the City Clerk for mail or hand delivery) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 The staff report and other supporting documents regarding this are available for public review at 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. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this may be directed to the Office of City Clerk at (760) 323-8204. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Felipe Primera telefono (760) 323-8253. y b mes Thompson, City Clerk 37 CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION _ MV Date: September 2, 2015 Subject: CFD 2007-1, Annexation 2 18 @ Twin Palms, TM 36651 AFFIDAVIT OF PUBLICATION I, Kathie Hart, MMC, 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 15, 2015. 1 declare under penalty of perjury that the foregoing is true and correct. ALI 9 Kathie Hart, MMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Kathie Hart, MMC, 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 11, 2015. 1 declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, MMC Chief Deputy City Clerk /kdh 38 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 2, 18 @ TWIN PALMS, TRACT MAP NO. 36651 Notice is hereby given that the City Council of the City of Palm Springs will conduct a public hearing on Wednesday, September 2, 2015, at 6:00 p.m. at City Hall, City Council Chamber, located at 3200 East Tahquitz Canyon Way, Palm Springs, California, 92262, to consider the following: COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 2 18 @ TWIN PALMS, TRACT MAP NO. 36651 On July 15, 2015, the City Council, as the legislative body for the District, adopted Resolution No. 23860, "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. 2007-1 (Public Safety Services) (the "District'). The area proposed to be annexed to the District is as shown on Annexation Map No. 2, 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. Any person affected may file a protest in writing with the City Clerk for mail or hand delivery) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 The staff report and other supporting documents regarding this are available for public review at 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. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this may be directed to the Office of City Clerk at (760) 323-8204. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Felipe Primera telefono (760) 323-8253. ~ I i"Tmes Thompson, City Clerk 39 The Desert Sun Certificate of Publication 750 N Gene Autry Trail Palm Springs, CA 92262 R EE'I V E 0 760-778-4578/Fax 760-778-4731 -i T Y OF P-ALM S PR I Pe'f 244 AM 20 AM 7150 State Of California ss: 1A @NTY KOPIPS P� County of Riverside Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 922632 No1187 r' NOTICEOFPUBOA, R(NG C ' ` CITY OFF PALM LM SPPRIRI NGS:1' COMMUNITY FACIL`ITIES.OISTRICT NO 20071" 2000895044 -' WBUC SAFETY SERVICES AfSN�X TTRACT AOAAP�0.368 SL�S, Notice is hemby gi4en 7fiat the Crty Council of the C,rry of Pelm Springs will condUct a�ubfic hearing on Weflnesdey,September 2 2915,'-at boo p.m. atCily HallClry Counnl he or located at 3200 East fahpui Canyyoon Way;Malrn Springs; Celrf0 14,9 to cbnsldetthe1pIIBJ�tn"g I am over the age of 18 years old, a citizen of the United COMMUNITY FAGILITIESpISTR&&IC-`rNO2oo7T. States and not a party to, or have Interest In this matter. I (pUSLIC SAFETY$EflVICES) hereby certify that the attached advertisement appeared ANNEXATION N041.;.a. - . CANYON LOFTS TRACT MAP. 36815 in said newspaper (set in type not smaller than non panel) }. ' in each and entire issue of said newspaper and not in an On July 192015; City Coppu((ndl,,as the loglsla, Y �23859- Af RES5LLTn0 aOFTH�rITY COON supplement thereof on the following dates,to wit: CIL Ok THE CITY=OF TS'I t SPRINGS:GAN- FORNIADECLAR NG IT$INTENTION f0 AN Newspaper: .The Desert Sun NEX TEARRORY-NTO AtiOMMUNITY F'ACILI-: TIES DISTRICT D TO YAUTHORRE,THE LEVY OF SPECIAIJATAXES'((tit0-'i;R6bplWon of. lion, Pursuant to ter 6d.th, t to,,lublic .lion the�e Cooncn aft'' 'ulrb that)fie public a/15/2015 dtory lenceand flec¢sslfy Jacribthat eeriaio,ter-. dtory as-more paftblit y,14 r pbed in-1he Reao- -lutlon of IntenM1on,`b nn e'sakedle the exlsling Cis- -tdct all as provided in the,'Melto-Roos Community FaclhE§s Act pf 19B2(Sec)iohs$3311 and follow- ing'Ceff mid Govetnment CA,He)(the'AdIV Ref- erance is hereb&ade to.Ihe,Resdlulion Inlen- tia i,an file wlth'the CIry Clerk bi the City for for- therpaniculars Tha e lsasummerybf me prowa ns of the Rpapidlbn o Intention. To In the Reselunon m fntemlan Ue City Council tle- I acknowledge that I am a principal clerk of the printer of •clared ns imention4o t6ry,Into Common �1tryv FacllNes DlsbiC[ No 2007,1 v(Pdblic Safety The Desert Sun, printed and published weekly in the City Semoes)(the lDlshici`1"`gfhe Area propoged lobe.. of Palm Springs, Count of Riverside, Stale of California. an ad to the DisMctlls as shown on Annemtion Y Map No 1 on•fill e wNl ifia ,GerYn and idenn The Desert Sun was adjudicated a newspaper of general fietl in'Exftiblt A-ot t�elR anon of Intention. The Did au shall tund police sernoasr fire pr01 It la ntlon a[the circulation on March 24, 1988 by the Superior Court of the tiop and sdppresslenseHica"s$nd)rfe safety sery -ices presetendetl th seryices will: County of Riverside, Slate of California Case No. lie provWed wnno ut prs"ferance oi_pdorfry Act 191236. ekishng fetreeryin Th-8. it't end the tel'raory. -Vroposed fo_P beannex lrlctThaReso-uhon of Iplensoh,provltle's that the special taxes IiereMfore causedM be avlgtl n,the istact shall I declare under penalty of perjury that the foregoing is true >>a lamed m,lhe temlory proposed bj to be annexed; suect to ppbllc.heannaptl owner consent pro- and correct. Execut this 15th day of August, 2015 in ecedlrg' es speclaed �}"e!)c1°; ' An pe-tson elfecTaIa aro(est In wilting Palm Springs,C Ifo ia. iheOCl�erlctorpeal othand,tlelrvery)to,' YJ�'a�Yn' siThg"fnp"tan}C{h%Llerk +' t,32017eE.GJaappQrrS9e9Yuri V�aY rt's'�atm$pdn pAa9�r The stsi(jepor'`k tlAther,supp6iting tlodumenls: ire in th15"al vaifaple`far public mvleYl ffi Cdy He serf the hears of 6co a m anQ m Mohd Mrou hxrhursfla'y7laPlease wmecE. $,e bfgce o the,o clerk�alla�o 32362oa n De larant's I are you(vould like Ao sc eduldart ap ,eimto re;, view Male docuinerAs - � ^ .1� ��An oppodundy,yRll p t k �sa s , h�nng Ur ell _::(meresteil„dereonsjo heard Odestlans erd- 'irg this may.bavp M5he Olfio�bi Cdylerk,. at(760)329-820 ')W, ,A'vit�3"§r 4 - 1' rSl necesifad`�dam Ls1@carte.porfavor Name a i `I� / la Ciudad dePalm Sp��a.y pueda heblar con l/ '.Felrye Pnmere-lelefond 60�3239253�' r -; r 5 James n CIry C)erk 'Publlslietl BN5N5 _ n R t , The Desert Sun Certificate of Publication 750 N Gene Autry Trail Palm Springs, CA92262 Y 0 Ef EIV SD�Rt„ , 760-778-4578/Fax 760-778-4731 bi.: 28"AUG 20 AM 71$0 State Of California ss: JA 6'tY C MPSOf¢ County of Riverside �ERK Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 601i88 PALM SPRINGS CA 922632 NOTICEOFPUBLIO,NEAltING ' CITY COUNCIL _ f CITY OF PALM SPRI4( t g COMMUNITY FACILITIES DI$7RICT N0.2007 1 #e. (PUBLIC SAFETY SERVICES) ANNEXATION NO 2 18 TWIN PALMS, - 2000895102 �9,_ TRAcrpta�No 3sssi = fJdollce la hereby gNan that ihe`City Caundl of the Glry of Palm Springs will contluct a bliC hearing „uh dvedne§da99,.September 2 2015Wat 6 00 p.m: et CiTy Hall,Ciry Council ChamboA I cl at; 3Qg0 East Teh77ulh Cd"Yon Way,`Palm Springs Caldomia 92262,tfo consider the following r I am over the age of 18 years old, a citizen of the United kMMUNITV FAGILITIDIS7AtCT NG 2007;1 (PUBLIC SAF{TYSERVIGES) States and not a party to, or have interest In this matter. � 18 TWIN ANNEXATION hereby certify that the attached advertisement appealed 1 PALMS,TRACT-MAPNo 36651 in said newspaper (set in type not smaller than non panel) On July 16 2015.me Cdy.Council,as(he legisla - five body,for the Dlstnct ado d A8361utfon No in each and entire issue of said newspaper and not in any y'-23860,t A RESOLUTION, :HE1,CITYrCOUN- pCW OF THEICITY OF P� ;SPRINGS�CAU Supplement thereof on the following dales,to Wit FOR% DECLARING ITS INTENTION T6 AN- NEXQfERRITOR.YufNTO A COMMUNITY FACIU- TIES DISTRIG AND TO`�UTHORIZE7HE Newspaper: .The Desert Sun ''IEWOF SPmE UTA ulidj�to IE,Ithe'Resolutiion of 1an- tlo ithe',01 ooecil detennlgqad that the publlc 466.venfenceendnecessayreg1 Bthiricaratdler- nldrj!'rfis more Particularly descr�od to the Res,. 8/15/2015 Igonof Inten56r tieannexetltd-INeexistind Dis b1dl all as proNtleb,In the Mood Rods CS munay Fablllties Act of 1982(Secbane`53311 analbw Idg',Caummja GoyemmaniCodeJ'(ttia gcfl ,Ref erenca Is hereby,odde to the Rasdlution a Inlen; tloh,�hie with 1he,C GIs rk;athi6 Cn farmr. -c th'eF�'pad�cblars. The fowmg is a'summa Ofthe pronabna of the Res, on ogf Into ntIon.. �. In the Resoluboo of Into Ciry Council de ' I chafed as intefiron toarm territory into Canmun � FacfllOes District No 2007 f ;(in Safety I acknowledge that I am a principal clerk of the printer of se ces)(the Dishtd) Thear-1 proposed afbe to The Desert Sun printed and aa{{t1 lexedtothe Diatrip[isesshownp' p published weekly in the City Ma No 2-on file with the C' Clerk grin lx to of Palm Springs County of Riverside Stale of California. g fn Exhiba A of fhe Aese ufian-of Invention Th'e District shall fued police serviceg fire prolec- The Desert Sun was adjudicated a newspaper of general tion'andsuppressiogSeFyices,andlrfa safety serv- > circulation on March 24, 1988 by the Superior Court of the ioestkh rpre ntly lnfendetl thaI''the'aervloes will hepmvlded hout oreferencepr"phony to;the County of Riverside, State of California Case No egsfing'tErmOr InVib0slric andphe terrdo 191238 ;; ro,psed toboannexetltorthd Dis1dctkThe.Reno- :Putictbf Intention tovides.b that Ice'sppeclel takes 'be caused tob.levied to ice--OleWdt shell be j6df 1 in the ieean'n proposed to'be apnexed, subject to public heanng and gwder consent pro- I declare under penalty of perjury that the foregoing is true ce rigs as speafigp In the ACL*J„ ' and correct. Exec to this 15th day of August, 2015 in A" o"efiectedme�file a protest in wabng wM, Clerk for maloT hand delivery)to: ; s Palm Springs alif ia. James Thompson City Clerk , r, 3200E 7ahgciz Can yonWay d Palfpr5pnn¢s CA 92n The'sfa. report and ether suppppurting'documants F mcing this-are'ayvlable Wr 61ip,renew at qall between the hours of8�0 a:m ar 600 pp gifdMonda fhro I brstldy Ple§se Rcontapt the,bfl06 of the C Clerkat(760)323-820q d yob'irould Ilke(o sedule an appointment to fe- view base d uments; o cla is Sign a ., r ..5 Pportuni)ylvill be'grven at said hearing for all RI ten peisonstp itaheard Oueadoru am- al8�hts'(nay O it@clad to,Ma O�ca ofCrtyvTlerk { 3 9deeaa irtla lvi' t>l paiJ#eporlaVarJlemaa, IaiCiudad de atm SprJr Vpu'de IiahlazrCon FAlipii P,n,�nefa telerano(760)32368253 , JamesThampson;Clty Clerk 1 Publlehetl415115