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HomeMy WebLinkAbout22067 - RESOLUTIONS - 10/17/2007 RESOLUTION NO. 22067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF THE CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2007-1 PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN THE COMMUNITY FACILITIES DISTRICT TO FINANCE POLICE PROTECTION SERVICES, AND FIRE PROTECTION AND SUPPRESSION SERVICES THEREIN AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT. WHEREAS, pursuant to Section 53325.1 of the California Government Code, the City Council of the City of Palm Springs (the "City Council") has adopted the resolution of formation for the City of Palm Springs Community Facilities District No. 2007-1 (Public Safety Services) (the "CFD"), County of Riverside, State of California, establishing the CFD and the boundaries thereof (the 'Resolution of Formation"); and WHEREAS, by the Resolution of Formation, the City Council called a special election on the propositions to be submitted to the voters of the CFD with respect to the formation of the CFD and the levy of special taxes therein for the financing of additional police services, fire protection and suppression services, and life safety services, and other services as defined within the CFD; and WHEREAS, pursuant to Section 53326 of the California Government Code, it is necessary that the City Council submit to the voters of the CFD the annual levy of special taxes on taxable property within the CFD; and WHEREAS, pursuant to Section 53325.7 of the California Government Code and the provisions of the Code, the City Council may also submit to the voters of the CFD a proposition for the establishment of an appropriations limit for the CFD; and WHEREAS, the City Clerk has advised the City Council that a statement has been received from the Registrar of Voters of the County of Riverside that less than 12 persons are registered to vote in the territory of the CFD and said statement is on file in the office of the City Clerk; NOW, THEREFORE, IT IS HEREBY RESOLVED DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS: SECTION 1 Findings. The City Council finds that: (i) the foregoing recitals are true and correct; (ii) 12 persons have not been registered to vote within the territory of the CFD for each of the 90 days preceding the close of the public hearing on October 17, 2007; (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this Resolution No. 22067 Page 2 resolution shall be by the landowners of the CFD, or their authorized representatives, at the time of the election, each having one vote for each acre, or portion thereof, which he or she owns within the CFD at the time of the election; (iv) the owners of all of the land in the CFD by written consent (a) waived the time limits set forth in Section 53326 of the California Government Code for holding the election called by this resolution and the election on the propositions (b) consented to the holding of the election on October 17, 2007, (c) waived notice and mailed notice of the time and date of the election, (d) waived an impartial analysis by the CFD Attorney of the ballot propositions pursuant to Section 9280 of the California Elections Code and arguments and rebuttals pursuant to Sections 9281 to 0287, inclusive, and 9295 of that Code, and mailing of a statement pursuant to Section 9401 of that Code, and (e) waived a synopsis of the measures to be included in the official ballot for said elections pursuant to Section 12111 of that Code; and (v) the City Clerk has consented to the holding of the election on October 17, 2007. SECTION 2 Call of Election. The City Council hereby calls and schedules a election for October 17, 2007, on the proposition of the annual levy of special taxes on taxable property within the CFD to finance additional police services, fire protection and suppression services, and life safety services within the CFD, and on the proposition of the establishment of an appropriations limit for the CFD. SECTION 3 Propositions. The propositions to be submitted to the voters of the CFD at such special election shall be as follows: Proposition A: Shall special taxes be levied annually on taxable property within City of Palm Springs Community Facilities District No. 2007-1 (Public Safety Services), County of Riverside, State of California (the "CFD"), so long as the special taxes are needed to pay for additional police services, fire protection and suppression services, and life safety services, and to pay expenses incidental thereto and to the levy and collection of the special taxes at the special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit "A" to the Resolution of Formation adopted by the City Council of the City of Palm Springs on October 17, 2007? Proposition B: Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, be established for City of Palm Springs Community Facilities District No. 2007-1 (Public Safety Services), County of Riverside, State of California, in the amount of$4,000,000? SECTION 4 Conduct of Election. The consolidated special election shall be conducted by the City Clerk in accordance with the provisions of the California Elections Code governing mail ballot elections, and in particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as they may be applicable. SECTION 5. Election Procedures. The procedures to be followed in conducting the consolidated special elections on (i) the proposition with respect to the levy of special taxes on taxable property within the CFD to pay for additional police services, fire protection and suppression services, and life safety services within the CFD, and (ii) the Resolution No. 22067 Page 3 proposition with respect to the establishment of an appropriations limit for the CFD in the amount of$4,000,000 shall be as follows: (a) Pursuant to Section 53326 of the California Government Code, ballots for the Special Election shall be distributed to the qualified electors by the City Clerk by mail or by personal service- (b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections, and in particular Division 4 (commencing with Section 4000) of that Code with respect to election conducted by mail, the City Clerk or designated official shall mail or deliver to each qualified elector an official ballot in the appropriate form attached hereto as Exhibit "A," and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification envelope addressed to the City Clerk for the return of voted official ballots and a copy of the Resolution of Formation adopted by the City Council on October 17, 2007. (c) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter, or their authorized representative, shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner- voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner-voter's land ownership within the CFD. (d) The return identification envelope mailed or delivered by the City Clerk to each landowner voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of the declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk. (e) The information to voter form to be delivered by the City Clerk to the landowner-voters, or their authorized representative, shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided Resolution No, 22067 Page 4 thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted and returned to the City Clerk by 6:00 p.m. on the 171h day of October, 2007; provided that if all qualified electors have voted, the elections shall be closed with the concurrence of the City Clerk. (f) Upon receipt of the return identification envelopes, which are returned prior to the voting deadline on the date of the elections, the City Clerk shall canvass the votes cast in the election, and shall file a statement with the City Clerk as to the results of such canvass and the election on each proposition set forth in the official ballot. ADOPTED this 171h day of October, 2007. David H. Ready, C' Hager A ST: mes Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) $s. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 22067 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 17`h day of October, 2007, by the following vote: AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern Pougnet, and Mayor Oden. NOES: Councilmember McCulloch. ABSENT: None. ABSTAIN: None. es Thompson, City Clerk ity of Palm Springs, California Resolution No. 22067 Page 6 Q LM Sys'�'aRN%p OFFICIAL BALLOT SPECIAL ELECTION CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES) 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 October 17, 2007, 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, Lear, or deface this ballot, return it to the City Clerk of the City of Palm Springs and obtain another. PROPOSITION A: Shall special taxes be levied annually on taxable property within City of Palm Springs Community Facilities District No. 2007 es 1, County of Riverside, State of California (the "CFD"), and to levy and collect such special taxes so long as the special taxes are needed to pay for police services, fire protection and suppression services at the special tax rates and pursuant to the method of apportioning the special taxes set forth No in Exhibit B to the Resolution of Formation adopted by the City Council of the City of Palm Springs on October 17, 2007? PROPOSITION B: Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, be established Des for City of Palm Springs Community Facilities District No. 2007-1, County of Riverside, State of California, in the amount of$4,000,000? No Assessor Parcel No: 508-600-004 and 508-600-006 Number of votes: 10 (9.49 acres) Owner: The United States of America Fred R. Rauar, Executive Director of the Agua Caliente Development Authority