HomeMy WebLinkAboutRes 05-113 Palm Desert CFD 2005-1 (University Park)
CITY OF PALM DESERT
STAFF REPORT
REQUEST: OPEN PUBLIC HEARING TO TAKE TESTIMONY REGARDING
PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 2005-1
(UNIVERSITY PARK)
APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT MAKING A FINDING UNDER THE
MELLO-ROOS ACT AND CONTINUING THE PUBLIC HEARING
ON CITY OF PALM DESERT COMMUNITY FACILITIES
DISTRICT NO. 2005-1 (UNIVERSITY PARK)
CONTINUE PUBLIC HEARING TO JANUARY 12, 2006
SUBMITTED BY: DAVE YRIGOYEN, DIRECTOR OF REDEVELOPMENT/HOUSING
DATE: DECEMBER 8, 2005
CONTENTS: CITY RESOLUTION NO. 05-
Recommendation:
By Minute Motion, that the City Council:
1. Open public hearing to receive public testimony regarding Palm Desert
Community Facilities District No. 2005-1 (University Park);
2. Approve Resolution No. 05- making a finding under the Mello-Roos
Act and continuing the public hearing on City of Palm Desert Community
Facilities District No. 2005-1 (University Park); and
3. Continue public hearing to the January 12, 2006 Council meeting.
Discussion:
On October 12, 2005, the City Council approved a Resolution of Intention to establish
the Palm Desert Community Facilities District No. 2005-1 (University Park).
A public hearing is required to establish the Community Facilities District within 30 days.
At the hearing, the City Council will typically take testimony from the public for or against
the establishment of the District, the extent of the District, the specified types of public
facilities to serve the District, the proposed rate and method of apportionment of the
special tax, and the incurrence of bonded indebtedness.
Staff Report
Public Hearing – Palm Desert Community Facilities District No. 2005-1 (University Park)
Page 2 of 2
December 8, 2005
Included in the required documents to form the District is a Joint Community Facilities
Financing Agreement (JCFA) between the Coachella Valley Water District (the “Water
District”) and the City. The agreement basically transfers ownership of the Water
System Improvements from the City to the Water District, and specifies the rights of the
City and the Water District relating to the improvements. The Water District has
indicated that it would need more time beyond tonight, the original hearing date, to
consider the terms and conditions of the agreement. It is anticipated that the Water
District will approve the Agreement at their next Board meeting on December 12, 2005.
Therefore, the public hearing to take testimony on the Community Facilities District
should be opened tonight and continued to January 12, 2006. This will follow the Water
District’s approval of the Agreement.
This action for your consideration tonight is necessary because the second public
hearing must take place within 30 days of the initial hearing. In order for the Council to
continue the public hearing, the Council must make a finding that a public body needs
additional time to provide comments. Because of this, the Council must make the
finding as follows to extend the process:
The City Council hereby finds that, pursuant to Section 53325 of the Act, it
is appropriate and necessary to continue the hearing to 4 p.m. on
January 12, 2006, in the City Council Chambers, in order to ensure
adequate time to address the complexities of the District relating to the
JCFA and to ensure adequate opportunity for public comment and
participation, including without limitation the comment and participation of
the Water District, with respect to the proposed Facilities and JCFA.
Submitted by: Approval:
Dave Yrigoyen Justin McCarthy
Director of Redevelopment/Housing ACM Redevelopment
Approval:
Carlos L. Ortega, City Manager Paul S. Gibson, Director of Finance
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RESOLUTION NO. 05-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT MAKING A FINDING UNDER THE MELLO-
ROOS ACT AND CONTINUING THE PUBLIC HEARING ON
CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT
NO. 2005-1 (UNIVERSITY PARK)
RECITALS:
WHEREAS, the City Council (the “City Council”) of the City of Palm Desert, California
(the “City”), has previously adopted a resolution entitled “A Resolution of Intention of the City
Council of the City of Palm Desert to Establish City of Palm Desert Community Facilities District
No. 2005-1 (University Park) and to Authorize the Levy of a Special Tax within City of Palm
Desert Community Facilities District No. 2005-1 (University Park)” (the “Resolution of Intention
to Establish District”) stating its intention to conduct proceedings to form City of Palm Desert
Community Facilities District No. 2005-1 (University Park) (the “District”) pursuant to the Mello-
Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the
California Government Code (the “Act”) to finance certain public facilities (the “Facilities”) to
serve the District; and
WHEREAS, a copy of the Resolution of Intention to Establish District setting forth a
description of the proposed boundaries of the District, the Facilities to be financed by the
District, including incidental expenses, and the rate and method of apportionment of the special
tax proposed to be levied within the District is on file in the office of the City Clerk of the City (the
“City Clerk”); and
WHEREAS, the City Council has previously adopted a resolution entitled “A Resolution
of Intention of the City Council of the City of Palm Desert to Incur Bonded Indebtedness Within
Proposed City of Palm Desert Community Facilities District No. 2005-1 (University Park)” (the
“Resolution of Intention to Incur Bonded Indebtedness”) stating the City Council’s intention,
acting as the legislative body of the District, to authorize the issuance and sale of one or more
series of bonds for the District in maximum aggregate principal amount of $70,000,000 to
finance the cost of Facilities; and
WHEREAS, the Resolution of Intention to Establish District and Resolution of Intention
to Incur Bonded Indebtedness set December 8, 2005 (the “Original Hearing Date”) as the date
of a public hearing on the establishment of the District, the extent of the District, the furnishing of
Facilities to serve the District, the proposed rate and method of apportionment of the special tax
within the District, and the proposed debt issue (the “Hearing”); and
WHEREAS, a notice of the Hearing was published and was mailed to all landowners
proposed to be included in the District in accordance with the Act; and
WHEREAS, Section 53316.2 of the Act permits the District to finance facilities to be
owned or operated by a public agency other than the City, but only pursuant to a joint
community facilities agreement (“JCFA”) adopted by resolution of each of the public agencies
that are party thereto and prior to the City Council’s adoption of a resolution of formation to
establish the District; and
RESOLUTION NO. 05-
WHEREAS, prior to the date of the Hearing, representatives of the landowner petitioners
within the proposed District met with representatives of the Coachella Valley Water District
(“CVWD”) to discuss the approval of a JCFA pursuant to Section 53316.2 of the Act, regarding
certain of the Facilities which, if approved by the qualified electors within the District, would be
owned and operated by the CVWD; and
WHEREAS, the CVWD indicated that it would need more time beyond the Original
Hearing Date to consider the terms and conditions of the proposed JCFA and for the Board of
Directors of the CVWD to approve the JCFA by resolution; and
WHEREAS, Section 53325 of the Act permits the City Council to continue the Hearing to
a date more than thirty (30) days from the Original Hearing Date, if the City Council finds and
determines that the complexity of the proposed District or the need for public participation
requires additional time;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA:
1. Recitals. The above recitals are all true and correct.
2. Finding and Determination. The City Council hereby finds that, pursuant to Section
53325 of the Act, it is appropriate and necessary to continue the Hearing to 4 p.m. on
January 12, 2006, in the City Council Chambers, in order to ensure adequate time to
address the complexities of the District relating to the JCFA and to ensure adequate
opportunity for public comment and participation, including without limitation the
comment and participation of the CVWD, with respect to the proposed Facilities and
JCFA.
3. Order. The City Council hereby orders that the Hearing be continued to 4 p.m. on
January 12, 2006, in the City Council Chambers.
PASSED AND ADOPTED this 8th day of December, 2005, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Buford A. Crites, Mayor
ATTEST:
Rachelle D. Klassen, City Clerk
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