HomeMy WebLinkAbout2/18/2015 - STAFF REPORTS - 1.A. {OQ Q ALM S..
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CQ�fFOR0 City Council Staff Report
DATE: February 18, 2015 PUBLIC HEARING
SUBJECT: ANNEXATION OF CERTAIN PROPERTIES INTO COMMUNITY
FACILITIES DISTRICT (CFD) NO. 2005-1 (PUBLIC SAFETY SERVICES)
ANNEXATION NO. 8, CALLING AND CONDUCTING THE SPECIAL
ELECTION, AND INTRODUCTION OF AN ORDINANCE AUTHORIZING
THE LEVY OF SPECIAL TAXES IN THE CFD (DESERT PALISADES,
TRACT 35540)
FROM: David H. Ready, City Manager
BY: James Thompson, Chief of Staff
SUMMARY
The City Council formed a Community Facilities District (CFD) to provide a financing
mechanism to sustain the delivery of public safety services to new residential
developments.
The City Council will conduct a public hearing, if no majority protest is received to the
Annexation the City Council will call and conduct a special election, adopt a resolution
declaring the results of the special landowner election, and introduce an ordinance to
annex the territory into the CFD and authorize the levy of special tax.
RECOMMENDATION:
1) Open the public hearing and take public testimony and property owner protests for
proposed Annexation No. 8 into Community Facilities District No. 2005-1 (PUBLIC
SAFETY SERVICES);
2) Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ANNEXATION OF
TERRITORY 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
(ANNEXATION NO. 8) (DESERT PALISADES, TRACT 35540);"
3) Conduct special election, and the City Clerk to canvass results;
I-fEM NO. ►�_
City Council Staff Report
February 18, 2015—Page 2
CFD 2005-1, Annexation No. 8
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 OF AN AMENDMENT TO
NOTICE OF SPECIAL TAX LIEN (ANNEXATION NO. 8) (DESERT PALISADES,
TRACT 35540);" and
5) Waive reading of the full text and introduce on first reading by title only, Ordinance
No. , "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES
DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY (ANNEXATION NO. 8)
(DESERT PALISADES, TRACT 35540)."
STAFF ANALYSIS:
The City Council has identified the need for additional funding sources for police
protection and fire protection and life safety services, especially those services that are
created by new development within the City. In response to the need for additional
funding for such services, the City Council formed Community Facilities District 2005-1
(the "CFD") and the levy of special taxes therein.
The City Council created the Community Facilities District to assist in the financing of
police, fire and life safety services to new residential development. This type of
financing program, which is authorized under the Mello-Roos Community Facilities Act
of 1982, envisioned the participation of all future new development projects, either by
formation of new districts or annexation into the existing CFD.
Since the formation of the intial CFD, a number of residential developments have been
annexed to the CFD by the City Council. Tract 35540, Desert Palisades, consisting of
110 residential lots for single family homes, is ready for annexation.
This project has a condition of project approval, a requirement to participate in the
process of annexing into the CFD for public safety services. Although the City could
form a separate CFD for this development, it is simpler and less costly to annex this
project into the existing CFD since the Rate and Method of Apportionment established
for CFD 2005-1 govern the levy of special taxes not only within the original boundaries
of the CFD but, also, within all subsequent annexations.
On January 7, 2015, the City Council declared its intention to annex territory to the CFD
by the adoption of Resolution No. 23743, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO
AUTHORIZE THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES
DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) AND TO AUTHORIZE THE
LEVY OF SPECIAL TAXES THEREIN ANNEXATION NO. 8".
02
City Council Staff Report
February 18, 2015—Page 3
CFD 2005-1, Annexation No. 8
Staff recommends the City Council conduct the public hearing and receive public
testimony and landowner protests. If a majority protest is not received, the City Council
may call and conduct the special landowner election for the CFD No. 2005-1
Annexation No. 8. Actions include: Holding the public hearing, conducting the special
election, and directing the recording of an Amended Notice of Special Tax Lien.
After the public hearing, the City Council will conduct the special election and adopt the
Resolution of the City Council of the City of Palm Springs, California, Declaring the
Results of a Special Annexation Landowner Election, Determining the Validity of Prior
Proceedings, and Directing the Recording of an Amended to Notice of Special Tax Lien.
The City Council will also proceed with the first reading of the Ordinance.
FISCAL IMPACT:
At build-out, Desert Palisades, Tract 35540, will generate an additional $44,926 per
year for public safety services.
CFD funds can only be used for public safety services. In fiscal year 2014-15 a total of
1,275 parcels are in the CFD and were levied a total amount of$414,732.
mes Thompson David H. Ready, Es .
City Clerk City Manager
/kd h
Attachments:
1. Resolution Authorizing Annexation No. 8
2. Resolution Declaring Annexation No. 8 Election Results
3. Ordinance to Levy Special Tax Annexation No. 8
4. Notice of Public Hearing
03
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AUTHORIZING THE
ANNEXATION OF TERRITORY 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 (ANNEXATION NO. 8).
DESERT PALISADES, TRACT 35540
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 January 7, 2015, adopted its Resolution No.
23743 entitled "A Resolution of the City Council of the City of Palm Springs California,
Declaring its Intention to Annex Territory into a Community Facilities and to Authorize
the Levy of Special Taxes" (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
existing District, or (ii) any of the owners of land in the territory proposed to be annexed
to the District; and
04
Resolution No.
Page 2
WHEREAS, Annexation Map No. 8 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. The foregoing recitals are true and correct.
2. All prior proceedings taken by this City Council with respect to the District
and the proposed eighth 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.
3. The boundaries of the territory to be annexed to the District, as set forth in
the map entitled "Annexation Map No. 8 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 January 20, 2015 in Book 77 at Page 82 of Maps
of Assessment and Community Facilities Districts are hereby finally approved, are
incorporated herein by this reference, and shall be included within the boundaries of the
District, and said territory is hereby ordered annexed to the District, subject to voter
approval of the levy of the special taxes therein as hereinafter provided.
4. The provisions of the Resolution of Intention is, by this reference
incorporated herein, as if fully set forth herein.
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.
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.
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
05
Resolution No.
Page 3
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.
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.
9. Pursuant to Section 53327 of the Act, the election shall be conducted by
hand-delivered ballot pursuant to the California Elections Code.
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.
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.
12. Analysis and arguments with respect to the ballot measures are hereby
waived, as provided in Section 53327 of the Act.
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.
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
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,
06
Resolution No.
Page 4
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.
15. This Resolution shall take effect upon its adoption.
ADOPTED THIS 18TH DAY OF FEBRUARY, 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, and was duly adopted at a
regular meeting of the City Council of the City of Palm Springs on the 18 adopted
of
February, 2015, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
07
Resolution No.
Page 5
EXHIBIT A
OFFICIAL BALLOT
ANNEXATION ELECTION
City of Palm Springs
Community Facilities District No. 2005-1
(Public Safety Services)
Annexation No. 8
Desert Palisades, Tract 35540
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 February 18, 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. 2005-1
(Public Safety Services) (the "CFD"), be authorized to YES:
annually levy a special tax within the territory identified
as Annexation No. 8 to the CFD in accordance with the NO:
rate and method of apportionment described in
Resolution No. 23743 adopted by the Council of the City
of Palm Springs on January 7, 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: 117
Property Owner: Pinnacle View
Riverside County Assessor's Parcel Numbers: 504-030-007, 504-030-009,
504-030-010, and 504-030-011
By:
08
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
(ANNEXATION NO. 8).
DESERT PALISADES, TRACT 35540
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 the Annexation of Territory 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.
NOW, THEREFORE, the City Council of the City of Palm Springs, DOES
HEREBY RESOLVE as follows:
1. The foregoing recitals are true and correct.
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. 23743,
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" adopted by this City Council on January 7, 2015.
09
Resolution No.
Page 2
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.
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.
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.
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.
7. This Resolution shall take effect upon its adoption.
APPROVED AND ADOPTED THIS 18T" DAY OF FEBRUARY, 2015.
DAVID H. READY, CITY MANAGER
ATTEST:
JAMES THOMPSON, CITY CLERK
10
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, and was duly adopted at a
regular meeting of the City Council of the City of Palm Springs on the 18th day of
February, 2015, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
11
Resolution No.
Page 4
EXHIBIT A
City of Palm Springs
Community Facilities District No. 2005-1
(Public Safety Services)
Annexation No. 8
Desert Palisades, Tract 35540
CANVASS AND STATEMENT OF RESULT OF ELECTION
I hereby certify that on February 18, 2015, 1 canvassed the returns of the election held
on February 18, 2015, for the City of Palm Springs Community Facilities District No.
2005-1 (Public Safety Services) Annexation No. 8 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. 8
Special Tax Election, February 18, 2015 117
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. 8 to the CFD in accordance with the rate and
method of apportionment described in Resolution No. 23743 adopted by
the Council of the City of Palm Springs on January 7, 2015?
Yes:
No:
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND ON
FEBRUARY 18, 2015.
By:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
12
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 (ANNEXATION NO. 8)
DESERT PALISADES, TRACT 35540
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
February 18, 2015, adopted a Resolution entitled "A Resolution of the City Council of the
City of Palm Springs, California, Declaring the Results of Special Annexation Landowner
Election, Determining Validity of Prior Proceedings, and Directing the Recording of an
Amendment to Notice of Special Tax Lien."
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
DOES HEREBY ORDAIN AS FOLLOWS:
1. The foregoing recitals are true and correct.
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
13
Ordinance No.
Page 2
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 2015-16 in the District, including the Annexation
Territory, and in each fiscal year thereafter to pay for the Services for the District
and all costs of administering the District.
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.
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.
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.
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 2015-16 and for each fiscal year thereafter until no longer
required to pay for the Services or until otherwise terminated by the City.
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.
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.
14
Ordinance No.
Page 3
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 3ro DAY OF MARCH, 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, California, do
hereby certify that Ordinance No. is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs Cit� Council held on
February 18, 2015, and adopted at a regular meeting held on the 4t day of March, 2015,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
15
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 8 - DESERT PALISADES, TRACT 35540
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of the City of Palm Springs will conduct a public
hearing on Wednesday, February 18, 2015, at 6:00 p.m. or as soon thereafter as the matter may be
heard, in the City Council Chambers located at 3200 East Tahquitz Canyon Way, Palm Springs,
California, 92262, to consider the following:
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 8 - DESERT PALISADES, TRACT 35540
On January 7, 2015, the City Council, as the legislative body for the District, 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. 8, on file with the City Clerk, and
identified in Exhibit B 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 case 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.
mes Thompson, City Clerk
16
CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
Date: February 18, 2015
Subject: CFD 2005-1, Annexation 8, Desert Palisades, Tract 35540
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 January 24, 2015.
1 declare under penalty of perjury that the foregoing is true and correct.
UA-C�
Kathie Hart, MMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
1, 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 January 22, 2015.
1 declare under penalty of perjury that the foregoing is true and correct.
L"& uz
Kathie Hart, MMC
Chief Deputy City Clerk
17
The Desert Sun Certificate of Publication
750 N Gene Autry Trail ,
Palm Springs, CA 92262
760-778-45781 Fax 760-7784731 R EBEi V E.D
-11' Y OF IsALIII SIa:'prr;
2915 FEB -2 AM 9: 25
State Of California Be: JA� � TN
County of Riverside E Y CLERK oq
Advertiser:
CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 922632
2000537158 No0100
CRY OF PALM SPRWGS
COMMUNITY FACILITIES DISTRICT NO.2005.1
(PU ANONIN N F10 @cE31
NOTICE OF PUBLIC*RINIQ
Notice Is hereby given I M the City Council of the
I am over the age of 18 years old, a citizen of the United Not Palm Si l wR conduct a public hearing
or
States and not a party to, or have interest in this matter. I assoGONnmer Taama�rmyybeepe o
hereby certify that the attached advertisement appeared Ta IFz Cain way PWn Spin locatedip Ca�Manla,
in said newspaper (set in type not smaller than non panel) t ,b consider Old W;iig:
in each and entire issue of said newspaper and not in any -0nY OF PALM SPRINGS
supplement thereof on the followingdates,to wit: COMMUNITY FACILITIES DISTRICT NO.2005.1
(PUBLIC SAFETY SERVICES),
ANNEXATION NO.8
Newspaper: .The Desert Sun onnJJanmerrry 720118,D0111 CRY Cdooupnccild,NOW
lepls-
INNed'IC ReeoNtlDn W the Clly Council of the
d Palm SPit ga CsiifanYs Dec er ng Ibof Tryln-
1/2s/2015 Comwnlry F Clitesl deMtrktta�No�.n2005--11 (PiLAc
Safety Services)and to AwhoKe Iles Levy of Spe-
Gel Taxes Therein'(tha'Re9du8om d WM. ').
Dounudl�to mAnad met tlledp101 Wrrva CRY
and
necessity require OW cerleku territory, as
tenaoii,be an�nexe�d to the IadstingDistrict.i all asss
0 prov In the Mello-Rocs Community Facilities
d�ta82(Sections 53311 and fdbxhup,Call-
forms
Ommmerd Code)(Vie'Aa1'1. Re
I acknowledge that I am a principal clerk of the printer of le he to the Resolution c!!Imemlon,an
9 P P P Rs w 91 Cork d the City sor further pereo-
The Desert Sun, printed and published weekly in the City inane. The owingg u a mummery d the provi-
sions
dthe Resolllaan of Intention.
of Palm Springs, County of Riverside, State of California. 1n the Resolution of Intention.fits COY,Council de-
clared Desert Sun was adjudicated a newspaper of general claredhelmemlontoannexterriroryWoCommun-
circulation on March 24, 1988 by the Superior Court of the Mkyy FadlNea DNthot No. 2005.1 (Public Safety
Servioeel(the'DleMct'1. The area proposed to be
County of Riverside, State of California Case No. are to fire Carl w as ehavn m Annexation
191236. Map No.8 on file with the Clerk,and klent,
tied th Ez�11 B d the udon d Intention.
The DW W ahafi kind police aervioes,fire vrotec-
Ion row aupgeK 0n services,and Ills eatery serv.
Ices. file D aY Intended 8W me services will
declare under penalty of perjury That the foregoing is true be provkled without araferenca 111 aom�p8� to the
and correct. Executed on this 24th day of January, 2015 in �r�aedthory
amead ro me Dle>�L The Rte
PNon d Mtention orow�e t o tlo-soedel fazes
#prngsomaSprings, heretabs mused to ee levied n ma Dlepktehell
be levied In the tewbPAW asarypproposed b be ennead,
kiga O*actae specified InIhe Ad.oviner consent pro-
_...___..__ cMay pa. as y
Ole a protest
wNr ne cay Clwkfor mee a hand delivery)writing,
Ames Thompson City
Clark
�Palm E.Tahquft CAa 82282�y
The rssWof rt and other su rr�ftw documents
available
CttyaNalfbar aw the fpureregde&Og e.m.a 0 8:00
r 1 U w at
'�/ thembffice of therpggtyh cThieurk Myl76o 323-contact
0a 1
yp I wcuM we to ediedule m mmam to re-
�� view"a documente.
An opportenny will be given at avid hearing for all
interested persons be drectied I.time s to be toad'.Ouseeone ertl-
a,klat(7801 3 23-82H Ommrea City
SI neeesile a da con sale
Ymite,podevor(lame a
Fepq Primere telefon�o�/80) 8A Ousts,Y5,3, mil
Ames Thompson,City Clerk
Published:11M5
OFFICIAL BALLOT
ANNEXATION SPECIAL TAX ELECTION
City of Palm Springs
Community Facilities District No. 2005-1
(Public Safety Services)
Annexation No. 8
Desert Palisades, Tract 35540
This ballot is for a landowner Special Tax Election. You must return this ballot in the
enclosed postage paid envelope to the office of the City Clerk of the City of Palm Springs no
later than 6:00 p.m. on February 18, 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. 2005-1 (Public Safety
Services) (the"CFD"), be authorized to annually levy a special YES:
tax within the territory identified as Annexation No. 8 to the
CFD in accordance with the rate and method of apportionment
described in Resolution No. 23743 adopted by the Council of NO:
the City of Palm Springs on January 7, 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: 117
Property Owner: Pinnacle View
Riverside County Assessors Parcel Number: 504-030-007, 504-030-009, 504-030-010,
and 504-030-011
By.
I hereby declare under penalty of perjury that trio :c A'r
listed on the enclosed ballot is the owner of record or
the authorized representative of the land owner entitled
to vote said ballot
Executed on , 2015,
in the City of 4 Attention: This envelope contains an official ballot and is
Staf--of C A to be opened only by the canvassing board with respect to
the City of Palm Springs Community Facilities District No.
Pinnacle View2005-1 (Public Safety Services), Annexation No. 8 Special
Tax Election to be held on February 18, 2015.
By:
Its:
III
PETITION
(Witte Waivers) 'V5 JAN 26 PM 4: 1
To Annex Property to Community Facilities District No.2006-1 and Related Matters
To The Honorable City Council ,A 6I f yr l �_.
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs,CA 92262
Dear Councilmembers:
This is a petition to annex property to Community Facilities District No. 2005-1 and with respect to related
matters under the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following of the California
Government Code("Act"). The undersigned hereby states as follows:
1. Petitioner. This petition is submitted by the persons(whether one or more)identified below as, or for,
the fee tide owners of the parcel(s) of land identified below. By submitting this petition, such persons warrant to
the City of Palm Springs('City)that they are authorized to execute this petition.
2. Proceedings Requested. The Petitioner ask that the City Council of the City undertake and complete
proceedings under the Act to annex property into Community Facilities District No. 2005-1 to be designated
"Annexation No. 8'(the"Annexation'),and to levy special taxes in the Annexation.
3. Boundaries of the Annexation. The Petitioner asks that the territory to be included in the boundaries
of the Annexation consist of the parcel(s)of land identified below.
4. Purpose of the Annexation. The PeMioner asks that the Annexation be annexed and the special
taxes be levied to pay for public safety services including new police services, fire protection and suppression
services,and life safety services.
5. Elections. The Petitioner asks that the election, to be held under the Act to authorize the special
taxes for the Annexation, be consolidated into a single election, that the election be conducted by the City and its
officials using mailed or hand-delivered ballots, and that such ballots be opened and canvassed and the results
certified at the same meeting of the City Council as the public hearing on the Annexation under the Act or as soon
thereafter as possible.
6. Waivers. To expedite the completion of the proceedings for the Annexation, all notices of hearings
and all notices of election, applicable waiting periods under the Act for special elections, and all ballot analysis or
arguments for the election are hereby waived.
By executing this petition,the person(s)below agree(s)to all of the above.
The Property that is subject to this Petition is identified as Riverside County Assessor's Parcel Number(s): 504-
030-007 and 504-030-009 through 504-030-011.
The Property consists of a total of 116.97 acres.
The record owner of the Property is: Pinnacle View
Executed on "3 201 By ri
Title: `t,Q
The address to which ballots for the CFD annexation election are to be sent:
Pinnacle View
2164 NE Broadway No 0200
Portland OR 97232 D t
Kathie Hart
From: Kathie Hart
Sent: Thursday, February 12, 2015 3:47 PM
To: EdFreeman3175@aol.com
Subject: FW: FYI -CFD 2005-1 Annexation 8, Ballot
Attachments: Ballot Return Envelope(Annexation No. 8).doc; Instruction Letter to Voter(Annexation No.8).doc;
OFFICIAL BALLOT(Annexation No. 8).docx
Importance: High
Mr. Freeman:
I hope you had a safe flight back to Portland.
I have attached to this email the Ballot Return Envelope, Instruction Letter, and Official Ballot.
You will be able to print it,and recast your ballot.
I would like to request that this be sent to us with next day delivery.
Being overly cautious, I will be sending to you all the attachments today for delivery tomorrow at 2154 NW Broadway
No. #200, Portland, OR 97232.
Please feel free to call me if there are any questions. City Hall will be until Tuesday, February 17, 2015, due to the
Presidents Day holiday.
I may be reached on my cell 510-566-7120. (yes, this is a SF Bay Area cell number, long story)
Once again, thank you for working with us.
Kathie Hart, MMC
Chief Deputy City Clerk
cy
via ifs 4f �t =«
G�4a�QR�+M
t,:e rm E�x:a etw'
City of Palm Springs m' (760) 323-8206
3200 E. Tahquitz Canyon Way rW (760) 322-8332
Palm Springs,CA 92262 [�" Kathie.Hart@PalmSpringsCA.gov
City Hall is open 8 am to 6 pm, Monday through Thursday,and closed on Fridays.
1