HomeMy WebLinkAbout9/7/2005 - STAFF REPORTS (2) 4 A
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q�IFOR�� City Council Staff Report
September 7, 2005 PUBLIC HEARING
1
I
Subject: CONSIDERATION OF THE FORMATION OF COMMUNITY FACILITIES
DISTRICT NO. 2005-2 (ESCENA) CITY OF PALM SPRINGS; AND TO
INCUR BONDED INDEBTEDNESS IN THE AMOUNT NOT TO EXCEED
$21,000,000; AND APPROVAL OF A JOINT COMMUNITY FACILITIES
AGREEMENT WITH DESERT WATER AGENCY
FROM: DAVID H. READY, CITY MANAGER
I
BY: Finance Department and Public Works & Engineering Department
SUMMARY:
On July 20, 2005, the City Council adopted resolutions declaring its intent to establish
and authorize the levy of a special tax within Community Facilities District No. 2005-02
(Escena), its intention to incur bonded indebtedness, and called a public hearing to take
place on September 7, 2005. Since July 20, 2005, staff has received a request from the
developer to continue the public hearing to October 5, 2005.
RECOMMENDATION:
11. Continue the Public Hearing to October 5, 2005 with no public testimony; and
2. Direct the City Clerk to post a Notice of Continued Public Hearing.
��
DAVID BARAKIAN CRAI9/GRAVES
Director of Public Works/Engineering Dire or of Finance
DAVID H. READY
City Manager
ITEM NO. A' \ '
IT
E1. 53
his or her estimate of the coal of providing the Faeibllas a
;atc 1'7�y.'�^Irr'�1lIq/ NOTICE OF PUBLIC HEARING services, Including an estimate of the fair and reasons
PROOW+ 1( - U ft1CATION CITY OF PALM SPRINGS cost of all Incidental Expenses,including the cost of clean
FORMATION OF COMMUNITY FACILITIES DISTRICT and designing the Facilities to be financed pursuant to I
(2015.5.C.C.P) NO 2005-2 Act,the cost of environmental evaluations of such Foothill
OF THE CITY -2 PALM SPRINGS all costs associated with the creation of the District,issuar
AND THE LEVY OF A SPECIAL TAX WITHIN SAID of bonds,determination to the amount of any spinal lax
DISTRICT collection of any special lazes,or costs otherwise City ,
Notice is hereby given[hat on July 20,2005,the City respeorderct
to carry out the authorized purposes of the City v.
respect In the'District,and any other expenses Incidental
Donnell of Ihe City it Palm Springs,California(the"City the k to be paid completion and inspection financing.
anthem
Council")01 Ihe ado of Palm Springs,California(the work to be paitl4hm City
the proposed dnanc es
"District"),adopted CI a Resolution entitled Section 10. The any may accept advances of funs
A RESOLUTION OF THE CITY OF PALM SPRINGS,CALI- work-in-kind from an
FORNIA,DECLARING ITS INTENTION TO ESTABLISH i sources,nit and
private persons
AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX Private endless,and is aulhonzed and including n any o use st
WITHIN COMMUNITY FACILITIES DISTRICT NO 2005,2 iundsforanyaulhonzed purpose, tmay
cost Inaurr
STATE OF CALIFORNIA m creating the Dish icl.The d saml may enter into an r cc
(ESCENA)OF THE CITY OF PALM SPRINGS mint to repay all of such funds as ale net me ofexpendedthe or co
County of Riverside (the"Resolution of Intention") Pursuant to the Melle,Roos milin for any authorized purpose at the time of the elicit
Community Fmoldies Act o11982(the'Act"),the City Council on the levy of the Special Tax,II the proposal to levy such I
hereby gives notice as follows should fail,and to repay all of such funds advanced if the IF
A The text of the Resolution Intention(excluding Exhibits
A,B and C which are on file with
of the District,
of the Special Tax shall be approved by the qualified slack
h she City Clark)Is as fellows Section 11. The City Clerk is hereby directed to publish
"WHEREAS,the City Council has received a petition Qndud- notice("Notice")of the Hearing pursuant to Section 6061
Ing consent and waiver) (the"Paillam)from Palm Springs the Government Code in a newspaper of general clrculati
Classic, LLq by Lennon Homes of California, Inc, its published in the area of the proposed District Such Nod
I am a citizen of the United States and a resident Of Manager,requesting the institution of proceedings for forma- shall contain the text or a summary of this Resolution,at
lion of a Community Facilities District,pursuant to the Mello-
the County aforesaid; I am over the age Of eighteen Roos Community Facllilies Act of 1982, commencing with the time and place a the Hearing,a statement that be the ter
many of all interested persons or taxpayers well be ternheard
a
years,and not a party to m'interested in the Section 53311 of the Government Code of the Stale of description of the protest rights of ins registered voters a
above-entitled matter.I am the principal clerk of a California(Ihe"Act');and landowners in the proposed District as provided in Secti
WHEREAS, the Council has determined that the Petition 53324 of the Act and a description of the proposed von
printer of the,DESERT SUN PUBLISIiING oomplieswith thelequuemenls of Government Cede Section procedure for the election required by the Act Such public
COMPANY a newspaper of general circulation, 53318 and now intends to form Community Facilities District non shall be completed at least seven(7)days prior to I
No 2005-2(Escena)of the City of Palm Springs,and date of the Hearing
printed and published in the city of Palm Springs, WHEREAS,the Council desires to adopt this Resolution of Section 12. The City Clerk may send a copy of the Notice
intention as provided in Section 53321 of[he Act to establish
County of Riverside,and which newspaper has been the Hearing by first-class to
mail,postage prepaid,to each re
s
a Community Exhilitiesbit
District consisting of the territory Distritl voter and to each landowner within the propos
adjudged a newspaper Of general circulation by the described in Exhibit"A"hereto and incorporated herein by District as shown on the last equalized assessment roll BE
Superior Court Of the County Of Riverside,State Of
this reference,which the Council hereby determines shall be
known as"CommunityFacililles District No 2005- Escena mailing to shell to of comp
Hearing
California under the date of March 24, 1988.Case of the City of Palm Springs"(the"Canmunily Facilities District Section 13 Pursuant to Section 533441 of the Act, ti
Number 191236; that the notice,Of Whieh the No.2005-2"or the'Tatrict")pursuant to the Act to finance(1) Council hereby reserves to itself, ,n its sole discretion,ti
the purchase, construction, modification, expansion, right and authority by subsequent resolution to allow ai
annexed is a printed copy(set in type not smaller Improvement or rehabilitation of certain real or other tangible owner of properly within the District,subject to the provisioi
than non carrel,has been published in each regular
properly describedinExhibit"B"attached hereto and incur- Of Section 533441 of the Act and those conditions as it petaled herein by this reference, including all furnishings, impose, and any applicable prepayment penalties as If
and entire issue of said newspaper and not in any equipment and supplies related thereto,(2)the payment of scribed in the bond indenture or comparable instrument
supplement thereof On the following dates,t0 Wit:
'development and other fees (collealivelg the "Facililles"), document,to lender to the District treasureri n hull
which Facilities have a useful life of five years of longer,and part payment of any Installment of the special lease opaymer
(3)the incidental expenses to be incurred in connection with Interest or penables thereon which may be due or delinquer
In financing the Facilities and forming and administering Me Cis- but for which a bill has been received,any bond or other of
August 20 ,2005 tricl(Ihe"Incidental Expenses");and(4)payment and retire. gation secured thereby,the bond or other obligation to I
-------------------------------------------------------------- ment of assessments in Assessment District No,155 of the taken at par and credit to be given for the accrued mare
City of Palm Springs,(Ihe"AD 155 Payment"),and shown thereby computed to If date of tender.
WHEREAS,it is the intention of the City Council to consider Section 14 The voting procedure with respect to the said
_______________________________________________________________ financing[he Facllilies,the Incidental Expenses,and the AD lishmant of the District and the imposition of the special L
All in the year 2005 155 Payment through the formation of the proposed District shall be by hand delivered ballot election"
y and ilia sale of bonded indebtedness in an amount not to
I certify(or declare)under penalty of perjury that the exceed$21,000,000 within[he Dislncl and the levy of a spe- B The hearing referred to in the ek resa
foregoing is true t. Plat fax within the District to pay far the Facilities and the Resoluhou of Intention shall be on the nth day of Seplambe
g g rue an correct. Incidental Expenses and to pay debt service on the boned 2005 at the hour of 6:00 IF an,or as soon thereafter as pro
Indebtedness incurred by the District,provided that the bond hands,at the chambers of the City Council of the City of Pal
Dated at Palm Springs,California this-----22"",----d£salles and Phi Dll to ctevIa.are approved of an election to be Springs, California, 3200 E. Tohquitz Canyon Way, Pal
/ V( Springs,CA 92262 At that time and place
Y
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
DOES
SY
/ )_/'f , _ _------_� Sectione 1. Th RESOLVE
I hereby recitals ret FOLLtrue OWS,
t end rect. a pro- tiI public extent of thee Distr or ict,or tlwahm tishhe ingt the of lot all rats
ion
es
ear
rict
___ _ 7 / / ________________________ Act under
the lei Las f the Actpursuant to Section 53350 of the reretl whom,whichever is more,residing within�former
r
of--------�u ust---' � 2005 P gafore
l be
arnings for
he formation
a Community
cilities
50
or
he
'!y/y g i-r I- � etif and descnhedumh. abses of the
District
n on that hereby
li kp. proIftaff or moed re of ore of the district,or eretl9 the ownersere,o stro Rio
_________ `l Signature Clerk en9t In letllEPmb osednBoonan darles otlCommaunhof Facilities lu be percent
n Included area of the Nand fig I t (recrp p ep sE
n
the district and net exemptfrom the s wer
P Y tax,file writlen protests against the establishment of the or
District No 2005-2(Escena) of the City of Palm Spnngs," tact,and protests are not withdrawn se as to reduce the val,
which map indicates by a boundary line the extent of the ter- of the protests to less than a majority,no further proceetlin-
N ritory included in the proposed District and shall govern for all 10 create tile specified community facilities district or to let
V details as to the extent of the District On Ihe engmal and erre the specified special tax shall be taken for a period of or
copy of the map of such District or,Ilia in Ilia Clark's office, year from the date of the deciskm at the City Council. If ti
the Clly Clerk shall endorse the certificate evidencing the majority protests of the registeredvoters or of the l or types
[ dale and adoption of this Resolution of I is office The with-
are only against the furnishing of a specified type or types
Clerk shall Isle the s aft el of such map in hiss Re and,with- facilities or services within the es of
or against levying
in fifteen the days after the adoption of this Resolution of [he specified
special tax.Ix sh types be
of motile or services
Intention,the my Clerk shall cause to have endorsed
with the the specrfied special lax shall be eliminated from the resole
Riverside County Recorder a copy of Ilia endorsed map Iron of formation.
Seaton 3. The name of the proposed District shall be des- D The voting procedure w0h respect to the&star
ignated as"Community Facilities District No 2005-2(Eseena) Iishmeat of the Dlatrlo(specified by the Resolution.11 mantle
of the City of Palm Stu nngs" and the imposition of the special tax shall be by hand deli
Section 4 The Facilities to be financed by the proposetl cry ar match!ballot eleohon.
Dislncl and to be flnanced in part by the proposed Dislncl are E A copy of the boundary map relating to ti
public infrastructure facilities and other governmental facili- District is on We in lire office of the City'Chnia
ties with an estimated useful life of five years or longer,which
the City of Palm Springs or Desert Water Agency(TWA")Is /s/James Thompson
authorized by law W construct,acquire,own,operate or con-
tribute revenue to The City Council hereby finds and deter- James Thompson "Clerk
. ,. 1 .. I ib,Of P -, ar-
to understand what the funds of the District may be usaii
finance The IncNeMat Expenses elpelnll l be incur ,
Include the cost of planning and designing the Facilities,the -
costs of forming the Disbid,issuing bonds and levying and
collecting a special tax within the District. The Council here-
by finds that the proposed Facilities are necessary to meet
increased demands placed upon the City and DWA as a
result of development occurring within the proposed District
Such Facilities need not be physically located within the
* District. ?
RSection 5. Except where funds are otherwise available,it
is the intention of the Council to levy annually in accordance
with procedures contained In the Act special tax within the
I A + y proposed Dlsidi(the"Special To sudialint to pay for the
c M'd costs of financing the acquisition and/or construction of the h
! Facilities, Incidental Expenses and the AD 155 Payment,
)0, Including the principal and interest and other periodic costs
4, on bonds or other indebtedness proposed to be issued to
'le rY finance the Facililles,Incidental Expenses and the AD 155
eqj Payment, the establishment and replenishment of reserve
I` funds,the credit enhancement fees,the costs of administer-
ing the levy and collection of the Special Tax and all other
,costs of the levy of the Special Tax and issuance of the !
bonds,including any foreclosure proceedings,architectural,
engineering,inspection,legal,fiscal,and financial consultant
fees,discount fees,interest on bonds due and payable prior
I to the expiration of one year from the date of completion of I
1 Facilities(but not to exceed two years),election costs and all
costs of issuance of the bonds,recoil but not limited to,
,fees for bond counsel,disclosure counsel,financing consul[-
ants and printing costs,and,all other administrative costs of
the tax levy and bond issue The Special Tax will be secured
by recordation of a continuing Ilan against all non-exempt real
property in the District In the first year in which such a
Special Tax is levied,the levy shall Include a sum sufficient to
repay to the City all amounts,if any,transferred to the District
pursuant to Section 53314 of the Act and Interest thereon.
The schedule of the rate and method of apportionment and
manner of collection of the Special Tax within the District is
described in detail in Exhibit"C"attached hereto and mcor
pointed herein by this reference The Special Tax is based
upon the cost of financing the Facilities,Incidental Expanses
and the AD 155 Payment in the District, the demand that
each parcel will place on the Facilities and the benefit(direct
and/or indirect)received by each parcel from the Facilities
The Special Tax within the District is apportioned to each par
cel on the foregoing hams pursuant to Section 533253 of the
Act In the event that a portion of the property within the
District shall become for any reason exempt,wholly or par-
rally,from the levy of the Special Tax,the City Council shall, i.
on behalf of the District,Increase the levy to the extent nec-
essary upon the remaining property within the District which
is not delinquent or exempt in order to yield the required pay-
ments,subject to the maximum lax If special taxes of the 'Fy
District are levied against any parcel used for private resi-
dential purposes,(I)the maximum special tax rate shall not �.
be increased over time except that it may be increased by an [,
amount not to exceed two percent(2%)per year to the extent f
permitted in the rate and method of apportionment,(ii)such r
lax shall be levied for a period not to exceed forty-five(45)
years commencing with Fiscal year 2005-2006, as further
described in Exhibit"C"attached hereto;and Ili)under no cir-
cumstances wAl such special tax be increased as,a cone-
'quence of delinquency or default by the owner of any other
parcels within the District by more than ten percent(10%).
Section 6. The special tax within the proposed District is
based on the expected demand that each parcel of real prop-
erty within the proposed District will place on the Facilities
and on the benefit that each parcel derives from the right to
access the Facilities The City Council hereby determines'
that the proposed Facilities are necessary to meet the
increased demand placed upon the City of Palm Springs and
DWA and the existing infrastructure in the City as a result of
the development of land proposed for mcluslon in the District.
The Council hereby determines the rate and method of
apportionment of the special lax set forth'in Exhibit "C
attached hereto to be reasonable
Section] A public hearing(the"Hearing")on the estab-
lishment of Community Facilities District No 2005.2,the pro.
posed rate and method of apportionment of the Special Tax
and the proposed issuance of bonds to finance the Facilities,
the Incidental Expenses and the AD 155 Payment shall be
held on September 7,'2005'at 600 p.m;or as soon there-
after as predicable, at the Council Chambers of the City
Council of the City of Palm Springs, 3200 East Tahquitz
Canyon Way, Palm Springs,California M62 Should the
City Council determine to form the District,a,special election
will be held within the District to authorize the issuance of
bonds and the levy of the Special Tax in accordance with the
procedures contained to Government Code Section 53326. If
held,the proposed voting procedure at the election will be a
landowner vote with each landowner who is the owner of
record of land within the District at the close of the Hearing,
or the au[hortzed representative thereof,having one vote for
each acre or portion thereof owned within the District Ballots
for the special election may be distributed by mail or by per-
sonal service.
Section B At the time and place set forth above for the
Hearing,any Interested person,including all persons owning
lands or registered to vote within the proposed District,may
appear and be heard.
Section 9 Each City officer who is or will be responsible
for the Facilities to be financed by the District,it it is eaten.
hshed,is hereby directed to study the proposed District and,
at or before the time of the above-mentioned Hearing,file a
report with the Council,and which is to be made a part of the
record of the Hearing,containing a brief description of the
��:amlities and services by type which will in his or her climllon
be required to adequately meet the needs of the District and
No. 326B
NOTICE OF PUBLIC HEARING
CITY OF PALM SPRINGS
TO INCUR BNDEDEBTEDNESS THE
AMOUNT OFONOT TO EXCEED $21 0 0,000
` r^..-f pp WITHIN PROPOSED COMMUNITY FACILITIES
i't�1� �C�I��C ty DISTRICT NO. 2005-2
(ESCENA) OF THE CITY OF PALM SPRINGS
Notice Is hereby given that on Julyy 20,2005, the
City Council of the City of Palm S rings, Callfor-
nia(the"qty Council")adopted a Resole[on enti-
tled:
7n� ^ y'7 rn+yl, .�+T �T A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF P1��Wi l:.��4i Ii,B,. I�'A11O1� GLARING TS NTENTIONSTO INCURR RONDED
r N V +'Tll \ T INDEBTEDNESS IN THE AMOUNT NOT TO EX-
(ZbiS'S'ECT) TIESDDISYRICT NO.2005-20ESCENA) OF THE
CITY OF PALM SPRINGS
he "Resolution to Incur Bonded Indebtedness")
Pursuant to the Mello-Roos Community Facilities
Act of 1982 (the Act"), the City Council hereby
gives notice as follows.
A.The text of the Resolution to Incur Bonded In-
debtedness (excluding Exhibit A which is on file
with the City Clerk) is as follows:
STATE OF CALIFORNIA �"WHEREAS, the City Council upon receipt of a
Count onion (Including consent and waiver) (the "Pet
y of Riverside on') as provided in section 53318 of the Gov
-
as Code of the State of California instituted
proceedinggs to farm Community Facilities District
No. 2005-2 (Escena)of the City of Palm Springs
1the "Community Facilities District No. 2005-2" or
he "District" pursuant to the Merle-Roos Com-
munity Faclli a Act of 1982, commencing with
Section 53311 of the Government Code of the
State of California(the "Act'),as amended pursu-
ant to a resolution adopted by the CouruI on the
I am a citizen of the United States and a resident of date hereof at finance(1)the purchase, nt or Te-
ton, hereof to fin, expansion, improvement or re-
the County aforesaid; [am ovel'the age of eighteen habilitation of public facilities and the payment of
years,and not a party t0 or interested in the development, impact and other fees req erred
therefor, identified in Exhibit "A'attached hereto
above-entitled matter.I am the principal clerk of a and incorporated herein by than reference, includ-
ing all furnishings,equipment and supplies related
thereto (x eases ly,to the incurred
(2) the mhe
printer of the,DESERT SUN PUBLISHING dental expenses to be incurred in financing the
COMPANY a newspaper of a Facilities and forming and administering the Dis-
general circulation, trict(the "Incidental Expenses'); and (3) payment
printed and published in the city of Palm Springs, and retirement of assessments In Assessment
District No. 155 of the City of Palm Springs, (the
County of Riverside,and which newspaper has been AD 155 Payment"); and
adjudged a newspaper Of general circulation by the WHEREAS, in order to finance the Facilities, Ithe
Superior Court of the County of Riverside,State of dental Expenses and the AD 155
Payment, the
Council intends
intends to authorize the issuance of
California under the date of March 24, 1988.Case bonds
forate the proposed
of n t isstrrictto in$2maximum
,xi o 0
Number 191236;that the notice,of which the within the District; and
annexed is a printed copy(set in type not smaller WHEREAS, the repayment of the bonds of the
District is to be secured by special taxes levied in
flan non panel,has been published in each regular the pproposed District in accordance with Section
5mpte df the Act, other than those properties ex-
and entire issue of said newspaper and not in any empted from taxation in the rate and method of
supplement thereof on the following dates,to wit: sppportlonment for the pproposed District set forth
In Exhibit"C" adapted by the City Council by pre-
vlous Resolution.
August 20d',2005 THE CITY COUNCIL OF THE CITY OF PALM
---..--------..--------_-------- SPRINGS DOES HEREBY RESOLVE AS FOL-
LOWS,
Section 1. The above recitals are true and cor-
----------------------------------------------------------
Teti.
All in the year 2005 Section 2.It Is necessary to Incur bonded indebt-
I certify(or declare)underedness wlthln'the proposed boundaries of the
penalty of perjury that fire reposed District In an amount not to exceed
foregoing is true and correct. g2l,00g,go3,to finance the costs of the Facilities,
Incidental ON,
and the AD 155 Payment, as
permitted by the Act.
Dated at Palm Spring, �u
r^ 1 Califorita this-----22 ,____day section s The bonds for the proposed District
!J will be issued for the perPone of financing the
,i costs of the Facilities and the Incidental Expens-
Of---------AUgUst- --,I/- ______�2005 es,Including,but net limited to,the funding afre-
_ __:_____ f
__-, p serve funds for the bonds, the financing o costs
.q„ \ associated with the issuance of the bonds and all
1,\�\ other costs and expenses necessary to finance
the Facilities which are permitted a be financed
________ ___ . pursuant to the Act, and the pa meat ss all out-
a----- -- ---------------- standing,
tanding and unpaid assessments m Assessment
Signatures \`� District No. 155 of the City of Palm Springs
.,.__./ Section 4. It Is the intent of the Council to quire—
rite the sale of hands for the proposed District In
one or more series, in the maximum agggregate
principal amount ed not ri exceed $ maximum
r within the proposed District and at a maximum
interest rate not In excess of percent per
an-
num such rate not inexcesss of the maximum
Tate pea rmitted by law at the time the bands are
issued The term of the bonds of each series stall
be determined pursuant to a resolution legislative
the
Council acting in its cap rizt as the issuance
of
body of the District outdo bung the issuance of
the bands such series, but such term shall in
no event exceed 40 years or such longer term as
is then permitted by law.
',Section 5.The City Council hereby declares Its in-
tention to conduct a Public Hearing concerning
the proposed debt issue In accordance with the
Act.Any interested persons, mcluding all persons
owning land or registered to vote within the pro-
pposed District may appear and be heard at the
Hearing.
Section B. Notice Is hereby given that a Public
1 tL m " re will - N —d by the
j..,000 r, - sub-
mitted to the qualified,electors of the District. A
special community facilities distract election shall
i be conducted on September 7, 2005,the special
election shall be conducted by hand delivered or
mailed ballot election. The ballots shall be re-
turned to the office of the election officer no later I
than 11.00 a.m. on September 7, 2005.
Section B.The City Clerk shall cause notice to be
ggiven of the time and Place of the Public Hearing
by causing the publishing of this Resolution once
in the local paper not less than seven(7)days be-
rfore the date of the hearing and by posting a
copy of this Resolution on the official bulletin
board customarily used by the City Council for
✓ �, the posting of such notices, pursuant to the Act."
j �1 B.The he referred to In the aforesaid Reso-
lution of Intention to Incur Bonded Indebtedness
shall be on the 7th day of September,2005 at the
'� # AIIt, �`• hour of 6:00 p.m.,or as soon thereafter as practi-
cable, at the chambers of the City Council of the
�,x i ,j City of Palm Springs, 3200 E. Tahquitz Canyon
*xt Way, Palm Springs, California 92262.
C. At that time and place the testimony of all in-
terested persons, Including all persons owning
d bPelssu in anthe will Se r ordagainst the proposed
D. A copy of the boundary map relating to the
Distract is on file in the Office of the City Clerk.
/a/James Thompson
James Thompson, City Clerk
City Of Palm Springs
Published:August 20, 2005
09-06-05 10:57am From-Lennar Communities - Inland 909 817 3699 T-574 P 001/009 F-331
SEP
Lennar Communities Inland
391 N. Main Street, Suite 301 Cti"Y Cl_w
Corona, California 92880
Tel: 951,817.3600 Fax; 951.817.3699
To: James Thompson, City Clerk From: Chris Evans
Date: September 6, 2005 Phone: 951-817-3601
Fax number: 760-322-8332 Fax number: 951-817-3689
CC. Urban Schreiner, Bond Counsel Subject: Request to Continue Public
Hearing — City of Palm Springs CFD No.
2005-2 (Escena)
Number of pages including cover: 9
■RRRRRR RRRRRRRRRRaRRRRRRRRRRRYRRRRYRY•RYYRRR RRR RRR a a R R R R R R R R R R R R R R R R R R R R R R R R R R,
Mr. Thompson,
Please find attached the Request to Continue the Public Hearing for the City of Palm Springs
CfD No. 2005-2 (Escena). You will find three similar doetanents, each sigaed by the respective
property owner.
A hard copy of this information will be delivered io your office tomorrow.
Please let me laiow if you have any questions or comments. Thank you very much.
Sincerely, _
Fy")N'JAL PIA
Chris Evans �P ,r
Lermar Communities Inland "
I
The Information In this facsimile may contain confldentlal Information Intended only for the person(s)named above. If you have received this facsimile
In err,please notify us Immediately by calling the sender. Please do not disclose the contents to anyone by elther dlssemindtlan,dlstrlhutlon,or
copying of the communication.
09-06-05 10:57am Frcm-Lannar Communities - Inland 900 617 $699 T-674 P.002/009 F-331
TO: CITY COUNCIL OF THE CITY OF PALM SPRi
VE CLL
FROM: MW HOUSING PARTNERS Ili, L.P.
REQUEST TO CONTINUE THE PUBLIC HEARING
AND RESCHEDULE THE ELECTION ON THE ESTABLISHMENT OF
COMMUNITY FACILITY DISTRICT NO. 2005-2 (ESCENA)
OF THE CITY OF PALM SPRINGS
The landowner identified below (the "Landowner") does hereby certify that the following
statements are all true and correct:
1, The Landowner is authorized to make the request contained herein to the City
Council (the "Council") of the City of Palm Springs (the "City") with respect to Community
Facilities District No. 2005-2 (Escena) of the City of Palm Springs to be established over, among
other parcels, the propartios described in this request (the "CFD") and to be formed under the
provisions of the Mello-linos Commuuity Facilities Act.of 1992 (the "Act'), being Chapter 2.5
of Part I of Division 2 of title 5 (commencing with Section 53311) of the California Government
Code,
2. The Landowner is the owner of the property described in Exhibit "A" hereto (the
`Troperty"),which is a portion of the property within the proposed boundary of the CFA.
3, The Landowner acknowledges that the public hearing is currently scheduled for
September 7, 2005 (the "Public Heating"). The Landowner also acknowledges that the property
owner election (the ")Rjection'°) on the establishment of the CFU was scheduled to be held at the
conclusion of the Public Hearing on Septerber 7, 200$. The Landowner is, by this document,
requesting the continuation of the Public Hearing and the rescheduling of the Election.
4. Accordingly, the, Landowner does hereby request that the Public hearing be
opened on September 7 as currently scheduled, but that the City Council takes the necessary
steps to aontiaue the 'Public Hearing without closing it until,the October 5, 2005 meeting of the
City Council. Furthermore, the Landowner does hereby request that the City Council take the
necessary steps to hold the Election.on October 5, 2005,
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09-06-05 10:57am From—Lennar Communities - Inland 909 817 3699 T-574 P.003/009 F-331
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,
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IN WITNESS WHEREOF, I hereunto set my hand this 2nd day of September, 2005.
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MW ROUSINQ PARTNERS III,L.P.,
a.California limited partnership
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B3 : MW Housing Management III, LLC,
i A California limited liability company
Its: General Partner
By: WRI CP Investments M LLC,
a Washington limited liability company
i Its: Co-Manager
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By: Weyerhaeuser Realty Investozs, Inc.,
a Washington corporation.
Its; Manager
By:
Title:C,�e"I �—
09-06-05 10;57am From—Leanar Communities - Inland 909 817 3699 T-574 P-004/009 F-331
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4
EXHIBIT A.
THE LAND REFERRED TO IN THIS REQUEST IS SITUATED IN THE
STATE OF CALIFORNIA, COUNTY OF RIVERSIDE„ CITY OF PALM
SPRINGS AND IS DESCRIBED AS FOLLOWS:
Tract No, 32233-2,Planning Areas 7B and IC; and
Tract No. 32233-3,Planning Areas 9A and 9E.
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09-06-05 10:57am From-Lunar Communities - Inland 909 817 3699 T-M P.005/009 F-331
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RE
i .r( i 0; rA _vi 'srl�lrtrs
j � 7
TO: CITY COUNCIL OF THE C(TY OF PALM SPRINGS 2605 SEA'GG I
J F,ii :,J ii"1�J i"a�aJ VeJ
FROM: STANDARD PACIFIC CORP. C'1 i Y a •t:4?=�
REQUEST TO CONTINUE THE PUBLIC HEARING
AND RESCHEDULE THE ELECTION ON THE ESTABLISHMENT OF
COMMUNITY FACILITY DISTRICT NO. 2005-2 (ESCENA)
OF THE CITY OF PALM SPRINGS
The landowner identified below (the "Landowner") does hereby certify that the following
statements are all true and correct:
1. The Landowner is authorized to make the request contained herein to the City
Council (the "Council") of the City of Palm Springs (the "City") with respect to Community
Facilities District No. 2005-2 (Eseena) of the City of Palm Springs to be established over, among
other parcels, the properties described in this request (the "CFD") and to be formed tinder the
provisions of the Mello-Roos Community Facilities Act of 1982 (the "Act"), being Chapter 2.5
of Part 1 of Division 2 of title 5 (commencing with Section 53311) of the California Government
Code.
2. The Landowner is The owner of the property described in Exhibit "A" hereto (the
"Property"), which is a portion of the property within the proposed boundary of the CFD.
3, The Landowner acknowledges that the public hearing is currently scheduled for
September 7, 2005 (the "Public Hearing"). The Landowner also acknowledges that the property
owner election (the "Election") on the establishinent of the CFD was scheduled to be held at the
conclusion of the Public Hearing on September 7, 2005. The Landowner is, by this document,
requesting the continuation of the Public Hearing and the rescheduling of the Election.
4. Accordingly, the Landowner does hereby request that the Public Hearing be
opened on September 7 as currently scheduled, but that the City Council takes the necessary
steps to continue the public Hearing without closing it until the October 5, 2005 meeting of the
City Council. Furthermore, the Landowner does hereby request that the City Council take the
necessary steps to hold the Election on October 5, 2005.
IN WITNESS WHEREOF, I heremito set my hand this 2nd day of September, 2005.
STANDARD PACIFIC CORP.,
a Dela re corporation
By: = C.._,ln 4-k
Name:Z'1ii\ l �.FitI�M,�
Title: AUt Orize Representative
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09-06-05 10:57am From—Lannar Communities — Inland 909 317 3699 T-574 P.006/009 F-331
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EXHIBIT A
i
THE LAND REFERRED TO IN THIS REQUEST IS SITUATED IN THE
STATE OF CALIFORNIA, COUNTY OF,RIVERSIDE, CITY OF PALM
SPRINGS AND IS DESCRIBED AS FOLLOWS:
Tract No, 32233-1, Planning Area 6; and
Tract No. 32233-4, Planning Area S.
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09-06-05 10:68am From-Lannar Communities - Inland 909 817 3899 T-574 P.007/009 F-331
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2005 SEEP —r".a i'al G; 9t3
TO: CITY COUNCIL OF THE CITY OF PALM SPRINGS
.1iIFIIS..J Yt ifL.11"Ji" J .�;y
FROM: PALM SPRINGS CLASSIC, LLC 6 T Y C
REQUEST TO CONTINUE THE PUBLIC HEARING
AND RESCHEDULE THE ELECTION ON THE ESTABLISHMENT OF
COMMUNITY FACILITY DISTRICT NO. 2005-2 (ESCENA)
OF THE CITY OF PALM SPRINGS
The landowner identified below (thc "'Landocimer") does hereby certify that the following
statements are all true and correct:
1. The Landowner is authorized to snake the request contained herein to the City
Council (the "Council") of the City of Palm Springs (the "City") with respect to Community
Facilities District No. 2005-2 (Escena) o(the City of Palm Springs to be established over, aunong
other parcels, the properties described in this request (the "CFD") and to be foraied under the
provisions of the Mello-Roos Community Facilities Act of 1952 (the "Act"), being Chapter 2.5
of Part 1 of Division 2 of title 5 (commencing with Section 53311) of the California Government
Code.
2. The Landowner is the owner of the property described in Exhibit "A" hereto (the
"Property"), which is a portion of the property within the proposed boundary of the CFD.
3. The Landowner acknowledges that the public hearing is currently scheduled for
September 7, 2005 (the "Public Hearing"). The Landowner also acknowledges that the property
owner election (the "Election") on the establishment of the CFD was scheduled to be held at the
conclusion of the Public Hearing on September 7, 2005. The Landowner is, by this document,
requesting the continuation of the Public Hearing and the rescheduling of the Election.
4. Accordingly, the Landowner does hereby request that the Public Hearing be
opened on September 7 as currently scheduled, but that the City Council takes the necessary
steps to continue the Public hearing without closing it until the October 5, 2005 meeting of the
City Council. Furthermore, the Landowner does hereby request that the City Couulcil take the
necessary steps to hold the Election on October 5, 2005.
1
09-06-05 10:58am From-Lennar Communities - Inland 909 817 3699 T-574 P.008/009 F-331
IN WITNESS WHERCOh, I hereunto set my]nand this 2nd day of September, 2005.
PALM SPRINGS CLASSIC, LLC,
a Delaware limited liability company
By: Lemur Homes of California Inc.,
a California corporation
Its: Manager /
By: �✓
Name: e sow fi
Title: t't
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09-09-05 10:58sm From-Lannar Communities - Inland 909 817 3699 T-574 P.009/009 F-331
EXHIBIT BIT A
THE LAND REFERRED TO IN THIS REQUEST IS SITUATED IN THE
STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF PALM
SPRINGS AND 1S DESCRIBED AS FOLLOWS:
Tract No. 32233-1,Planning Areas 1, 5 A and 7A;
Tract No. 32233-1, hots F through 7, M through W, AE and AF;
Tract No. 32233, Planning Areas 58 and 5C; and
Tract No. 32233,Planning Areas 2.B and 2C.
3
0 F PA L PIJ(�
Lennar Communities Inland 50
391 North Main Street Suite301 ShNfi5lI°<<�fi;'S�; !
Corona, California 92880 CI f 4' CLEPX
Tel: 951.817.3600 Fax: 951.817.3699
DOCUMENT TRANSMITTAL
Date: September 9, 2005
To: City Clerk
Co: City of Palm Springs
From: Chris Evans, Financial Analyst
Subject: Request to Continue Public Hearing for Palm Springs Classic
(Escena) — relating to City of Palm Springs Community Facilities
District No. 2005-2
Dear City Clerk,
Please find included the executed Request to Continue Public Hearing for Palm
Springs Classic, LLC and for Standard Pacific Corp., relating to Community
Facilities District No. 2005-2.
Please be advised that the Request from MW Housing Partners III, LP was
submitted to the City under separate cover.
If you have any questions or need further information, please do not hesitate
to contact me.
Thank you.
Sincerely,
Chris Evans
Financial Analyst
TO: CITY COUNCIL OF THE CITY OF PALM SPRINGS
FROM: STANDARD PACIFIC CORP.
REQUEST TO CONTINUE THE PUBLIC HEARING
AND RESCHEDULE THE ELECTION ON THE ESTABLISHMENT OF
COMMUNITY FACILITY DISTRICT NO. 2005-2 (ESCENA)
OF THE CITY OF PALM SPRINGS
The landowner identified below(the "Landowner") does hereby certify that the following
statements are all true and correct:
I. The Landowner is authorized to make the request contained herein to the City
Council (the "Council') of the City of Palm Springs (the "City") with respect to Community
Facilities District No. 2005-2 (Escena) of the City of Palm Springs to be established over, among
other parcels, the properties described in this request (the "CID") and to be formed under the
provisions of the Mello-Roos Community Facilities Act of 1982 (the "Act"), being Chapter 2.5
of]Part I of Division 2 of title 5 (commencing with Section 53311) of the California Government
Code.
2. The Landowner is the owner of the property described in Exhibit "A" hereto (the
"Property"), which is a portion of the property within the proposed boundary of the CFD.
3. The Landowner acknowledges that the public hearing is currently scheduled for
September 7, 2005 (the "Public Hearing"). The Landowner also acknowledges that the property
owner election (the "Election") on the establishment of the CID was scheduled to be held at the
conclusion of the Public Hearing on September 7, 2005. The Landowner is, by this document,
requesting the continuation of the Public Hearing and the rescheduling of the Election.
4. Accordingly, the Landowner does hereby request that the Public Hearing be
opened on September 7 as currently scheduled, but that the City Council takes the necessary
steps to continue the Public Hearing without closing it until the October 5, 2005 meeting of the
City Council. Furthermore, the Landowner does hereby request that the City Council take the
necessary steps to hold the Election on October 5, 2005.
IN WITNESS WHEREOF, I hereunto set my hand this 2nd day of September, 2005.
STANDARD PACIFIC CORP.,
a Dela re corporation
Name: Clj,�hp,� (&. 11iO�QVI,
Title: A119ihurized Re,11-wesentat is
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EXHIBIT A
THE LAND REFERRED TO IN THIS REQUEST IS SITUATED IN THE
STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF PALM
SPRINGS AND IS DESCRIBED AS FOLLOWS:
Tract No. 32233-1, Planning Area 6; and
Tract No. 32233-4, Planning Area 8.
2
TO: CITY COUNCIL OF THE CITY OF PALM SPRINGS
FROM: PALM SPRINGS CLASSIC, LLC
REQUEST TO CONTINUE THE PUBLIC HEARING
AND RESCHEDULE THE ELECTION ON THE ESTABLISHMENT OF
COMMUNITY FACILITY DISTRICT NO. 2005-2 (ESCENA)
OF THE CITY OF PALM SPRINGS
The landowner identified below (the "Landowner") does hereby certify that the following
statements are all true and correct:
1. The Landowner is authorized to make the request contained herein to the City
Council (the "Council") of the City of Palm Springs (the "City") with respect to Community
Facilities District No. 2005-2 (Escena) of the City of Palm Springs to be established over, among
other parcels, the properties described in this request (the "CFD") and to be formed Under the
provisions of the Mello-Roos Community Facilities Act of 1982 (the "Act"), being Chapter 2.5
of Part 1 of Division 2 of title 5 (commencing with Section 53311) of the California Government
Code.
2. The Landowner is the owner of the property described in Exhibit "A" hereto (the
"Property"), which is a portion of the property within the proposed boundary of the CFD.
3. The Landowner acknowledges that the public hearing is currently scheduled for
September 7, 2005 (the "Public Hearing"). The Landowner also acknowledges that the property
owner election (the "Election") on the establishment of the CFD was scheduled to be held at the
conclusion of the Public Hearing on September 7, 2005. The Landowner is, by this document,
requesting the continuation of the Public Hearing and the rescheduling of the Election.
4. Accordingly, the Landowner does hereby request that the Public Hearing be
opened on September 7 as currently scheduled, but that the City Council takes the necessary
steps to continue the Public Hearing without closing it until the October 5, 2005 meeting of the
City Council. Furthermore, the Landowner does hereby request that the City Council take the
necessary steps to hold the Election on October 5, 2005.
1
hereunto set my hand this 2nd day of September, 2005.
PALM SPRINGS CLASSIC, LLC,
a Delaware limited liability company
By: Lemur Homes of Califonia, hie.,
a California corporation
Its: Manager
By: _ I/
Name:
, Pr r '
2
EXHIBIT A
THE LAND REFERRED TO IN THIS REQUEST IS SITUATED IN THE
STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF PALM
SPRINGS AND IS DESCRIBED AS FOLLOWS:
Tract No. 32233-1, Plamiing Areas 1, 5A and 7A;
Tract No. 32233-1, Lots F through J, M through W, AE and AF;
Tract No. 32233, Plamiing Areas 513 and 5C; and
Tract No. 32233, Planning Areas 2B and 2C.
3
r c,7, r1f;L.r1 Sh,;l
- - 2RG5
Lennar Communities InlandJAH_ `
391 North Main Street, Suite 301 CI f l.,L.C_P'`;
Corona, California 92880
Tel: 951.817.3600 Fax: 951.817.3699
DOCUMENT TRANSMITTAL
Date: September 12, 2005
To: City Clerk
Cc: City of Palm Springs
From: Chris Evans, Financial Analyst
Subject: Request to Continue Public Hearing for Palm Springs Classic
(Escena) — relating to City of Palm Springs Community Facilities
District No. 2005-2
Dear City Clerk,
Please find included the executed Request to Continue Public Hearing for MW
Housing Partners III, LP relating to Community Facilities District No. 2005-2.
If you have any questions or need further information, please do not hesitate
to contact me.
Thank you.
Sincerely,
Chris Evans
Financial Analyst
TO: CITY COUNCIL OF THE CITY OF PALM SPRINGS
FROM: MW HOUSING PARTNERS III, L.P.
REQUEST TO CONTINUE THE PUBLIC HEARING
AND RESCHEDULE THE ELECTION ON THE ESTABLISHMENT OF
COMMUNITY FACILITY DISTRICT NO. 2005-2 (ESCENA)
OF THE CITY OF PALM SPRINGS
The landowner identified below (the "Landowner") does hereby certify that the following
statements are all true and correct:
1. The Landowner is authorized to make the request contained herein to the City
Council (the "Council") of the City of Palm Springs (the "City") with respect to Community
Facilities District No. 2005-2 (Escena) of the City of Palm Springs to be established over, among
other parcels, the properties described in this request (the "CFD") and to be fonued under the
provisions of the Mello-Roos Community Facilities Act of 1982 (the "Act"), being Chapter 2.5
of Part 1 of Division 2 of title 5 (commencing with Section 53311) of the California Govenunent
Code.
2. The Landowner is the owner of the property described in Exhibit "A" hereto (the
"Property"), which is a portion of the property within the proposed boundary of the CFD.
3. The Landowner acknowledges that the public hearing is currently scheduled for
September 7, 2005 (the "Public Hearing"). The Landowner also acknowledges that the property
owner election (the "Election") on the establislunent of the CFD was scheduled to be held at the
conclusion of the Public Hearing on September 7, 2005. The Landowner is, by this document,
requesting the continuation of the Public Hearing and the rescheduling of the Election.
4. Accordingly, the Landowner does hereby request that the Public Hearing be
opened on September 7 as currently scheduled, but that the City Council takes the necessary
steps to continue the Public Hearing without closing it until the October 5, 2005 meeting of the
City Council. Furthermore, the Landowner does hereby request that the City Council take the
necessary steps to hold the Election on October 5, 2005.
1
IN WITNESS WHEREOF, I hereunto set my hand this 2nd day of September, 2005.
MW HOUSING PARTNERS III, L.P.,
a California limited partnership
By: MW Housing Management III, LLC,
A California limited liability company
Its: General Partner
By: WRI CP Investments III LLC,
a Washington limited liability company
Its: Co-Manager
By: Weyerhaeuser Realty Investors, Inc.,
a Washington corporation
Its: Manager l
By: �—
Name:
Title: A-
2
EXHIBIT A
THE LAND REFERRED TO IN THIS REQUEST IS SITUATED IN THE
STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF PALM
SPRINGS AND IS DESCRIBED AS FOLLOWS:
Tract No. 32233-2, Planning Areas 713 and 7C; and
Tract No. 32233-3, Planning Areas 9A and 913.
3