HomeMy WebLinkAboutRes 2021-22RESOLUTION NO. 2021-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT CALLING A SPECIAL ELECTION WITHIN CITY OF PALM
DESERT COMMUNITY FACILITIES DISTRICT NO. 2021-1 (UNIVERSITY
PARK)
RECITALS:
WHEREAS, on April 22, 2021, this City Council adopted a resolution entitled
"A Resolution of Formation of the City Council of the City of Palm Desert to Establish City
of Palm Desert Community Facilities District No. 2021-1 (University Park), to Make
Findings Under the California Environmental Quality Act With Respect Thereto, to
Establish an Appropriations Limit Therefor, to Authorize Levy of a Special Tax Therein,
and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax
to the Qualified Electors Thereof" (the "Resolution of Formation"), ordering the formation
of the City of Palm Desert Community Facilities District No. 2021-1 (University Park) (the
"District"), establishing an appropriations limit for the District and authorizing levy of a
special tax (the "Special Tax") on property within the District, subject to approval of the
qualified electors of the District at a special election referred to below, pursuant to the
Mello -Roos Community Facilities Act of 1982, as amended, commencing with Section
53311 of the California Government Code (the "Act"); and
WHEREAS, on April 22, 2021, this City Council also adopted a resolution
entitled "A Resolution of the City Council of the City of Palm Desert to Declare the
Necessity to Incur Bonded Indebtedness within City of Palm Desert Community Facilities
District No. 2021-1 (University Park)" (the "Resolution of Necessity to Incur Bonded
Indebtedness"), determining the necessity to incur bonded indebtedness in the maximum
aggregate principal amount of $50,000,000; and
WHEREAS, pursuant to the provisions of said resolutions, the propositions
of the levy of said Special Tax, the establishment of the appropriations limit and the
incurring of the bonded indebtedness will be submitted to the qualified electors of the
District as required by the Act.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM
DESERT DOES HEREBY RESOLVE, FIND, DECLARE AND ORDER AS FOLLOWS:
Section 1. Recitals. The above recitals are all true and correct.
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RESOLUTION NO. 2021-22
Section 2. Ballot Propositions. Pursuant to Sections 53325.7, 53326,
53351, and 53353.5 of the Act, the proposition relating to the incurring of the bonded
indebtedness and the proposition relating to the levy of the Special Tax shall be combined
into one ballot proposition, and together with the proposition for the establishment of the
appropriations limit, shall be submitted to the qualified electors of the District as required
by the Act.
If (a) the combined proposition for the levy of the Special Tax and the
incurring of the bonded indebtedness and (b) the proposition for the establishment of the
appropriations limit each receive the approval of more than two-thirds of the votes cast
on the proposition, one or more series of bonds may be authorized, issued and sold for
the purposes set forth herein, the Special Tax may be levied, and the appropriations limit
may be established as provided for in the Resolution of Formation.
The ballot propositions shall be in the form attached hereto as Exhibit "A"
and by this reference incorporated herein, and said form of ballot is hereby approved.
Section 3. Electors Determined. The City Council finds, based on
information provided by the Registrar of Voters of the County of Riverside, that fewer than
12 registered voters have been registered to vote within the territory of the District for
each of the 90 days preceding the close of the public hearing heretofore conducted and
concluded by the City Council for the purposes of these proceedings. Accordingly, and
pursuant to Section 53326 of the Act, the City Council finds that for purposes of these
proceedings the qualified electors are the landowners within the District. Each landowner
shall have one vote for each acre or portion thereof that he or she owns within the District,
as provided in Section 53326 of the Act. The City Council finds that there is one (1)
qualified elector in the District.
Section 4. Election. This City Council hereby calls a special election to
consider the propositions described in Section 2 above, which election shall be held on
May 13, 2021 in the City Council Chamber, 73-510 Fred Waring Drive, Palm Desert,
California 92260, immediately following adoption of this Resolution. The City Clerk is
hereby designated as the official to conduct said election. It is hereby acknowledged that
the City Clerk has on file a copy of this Resolution and a map of the boundaries of the
District.
The voted ballots shall be returned to the City Clerk immediately following
adoption of this Resolution, but in any event no later than 8 p.m. on May 13, 2021, and
when the sole qualified elector has voted, but not later than 8 p.m. on May 13, 2021, the
election shall be closed.
Section 5. Mail Ballot. Pursuant to Section 53327 of the Act, the election
shall be conducted by mail ballot in accordance with the California Elections Code. This
City Council hereby finds that paragraphs (a), (b), (c)(1), and (c)(3) of Section 4000 of the
California Elections Code are applicable to this special election.
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RESOLUTION NO. 2021-22
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Section 6. Ballot. This City Council acknowledges that the City Clerk has
caused to be delivered to the sole qualified elector of the District a ballot in the form set
forth in Exhibit "A" hereto.
The ballot was accompanied by all supplies and written instructions
necessary to 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 owner of record or authorized representative of the owner of record
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 board.
Analysis and arguments with respect to the ballot measures have been
waived by the sole qualified elector, by unanimous written consent waiving all applicable
time limits and requirements pertaining to the conduct of said special election, as
permitted by Section 53327 of the Act. The City Council hereby concurs in said waiver.
Section 7. Return of Ballots. The City Clerk shall accept the ballot of the
sole qualified elector in the City Council Chambers upon and prior to the adoption of this
Resolution, whether said ballot be personally delivered or received by mail. The City
Clerk shall have available a ballot which may be marked at said location on the election
day by said qualified elector.
Section 8. Waiver of Time Limits for Election. 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 the resolution calling the election to elapse before said special
election is for the protection of the qualified electors of the District. The unanimous written
consent of the sole qualified elector of the District waiving all applicable time limits and
requirements pertaining to the conduct of said special election has been received.
Accordingly, this City Council finds and determines that said qualified elector have been
fully apprised of and have agreed to the shortened time for the election and have thereby
been fully protected in these proceedings. This City Council also finds and determines
that the City Clerk has concurred in the shortened time for the election.
Section 9. Publication. The City Clerk is hereby directed to cause to be
published in a newspaper of general circulation circulating within the area of the District a
copy of the Resolution of Necessity to Incur Bonded Indebtedness as required by Section
53352 of the Act.
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RESOLUTION NO. 2021-22
Section 10. Effective Date. This Resolution shall take effect immediately
upon adoption.
PASSED, APPROVED and ADOPTED by the City Council of the City of
Palm Desert, California, on this 13th day of May, 2021, by the following vote, to wit:
AYES: HARNIK, JONATHAN, NESTANDE, QUINTANILLA, and KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
KATHLEE.,KELLY, MA
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M. GLORY \ AN—CHEZ, AC ING CITY CLERK
CITY OF' P LM DESER , CALIFORNIA
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RESOLUTION NO. 2021-22
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EXHIBIT "A"
OFFICIAL BALLOT
SPECIAL ELECTION
City of Palm Desert Community Facilities District No. 2021-1
(University Park)
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 Desert
no later than 8 p.m. on May 13, 2021, either by mail or in person. The City Clerk's office
is located at 73-510 Fred Waring Drive, Palm Desert, California, 92260.
This ballot represents votes.
To vote, mark a cross (X) in the voting square after the word "YES" or after the
word "NO". All marks otherwise made are forbidden. All distinguishing marks 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 Desert and obtain another.
PROPOSITION A: Shall the City of Palm Desert, on behalf of City of Palm Desert
Community Facilities District No. 2021-1 (University Park) (the "District"), subject to the
accountability measures provided in the resolutions entitled "A Resolution of Formation
of the City Council of the City of Palm Desert to Establish City of Palm Desert
Community Facilities District No. 2021-1 (University Park), to Make Findings Under the
California Environmental Quality Act With Respect Thereto, to Establish an
Appropriations Limit Therefor, to Authorize the Levy of a Special Tax Therein, and to
Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to
the Qualified Electors Thereof" (the "Resolution of Formation") and "A Resolution of the
City Council of the City of Palm Desert to Declare the Necessity to Incur Bonded
Indebtedness within City of Palm Desert Community Facilities District No. 2021-1
(University Park)" (the "Resolution of Necessity"), incur an indebtedness and issue one
or more series of bonds in the maximum aggregate principal amount of $50,000,000,
with interest at a rate or rates not to exceed the maximum interest rate permitted by law
at the time of sale of such bonds, to finance the facilities and incidental expenses
described in the Resolution of Formation and the Resolution of Necessity; and shall a
special tax with a rate and method of apportionment as provided in the Resolution of
Formation and the Resolution of Necessity be levied annually on lands within the
District to pay for the facilities, incidental expenses, and other purposes described in
the Resolution of Formation and the Resolution of Necessity, including the payment of
principal and interest on bonds issued to finance the facilities, incidental expenses, and
the costs of the City of Palm Desert in administering the District?
PROPOSITION B: Shall City of Palm Desert Community Facilities District No. 2021-1
(University Park) (the "District") establish an Article XIIIB appropriations limit for the
District at an amount equal to all the proceeds of the special tax collected annually
within the District and as defined by Article XIIIB of the California Constitution, as
adjusted for changes in the cost of living and changes in population?
Yes
No
Yes
No
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