HomeMy WebLinkAboutCC Reso 2022-39 RESOLUTION NO. 2022-39
RESOLUTION AUTHORIZING EXECUTION AND DELIVERY OF JOINT
COMMUNITY FACILITIES AGREEMENT RELATED TO THE CITY OF
CATHEDRAL CITY COMMUNITY FACILITIES DISTRICT NO. 2022-1
(CATHEDRAL CITY PARK & RECREATION SERVICES)
WHEREAS, the City Council (the"Council") of the City of Cathedral City (the"City")
is conducting proceedings under the Mello-Roos Community Facilities Act of 1982
(California Government Code section 53311 et seq.) (the "Act") to form its City of
Cathedral City Community Facilities District No. 2022-1 (Cathedral City Park& Recreation
Services) (the "CFD") to finance certain public services (the "Services") and public
facilities (the "Facilities"), which Services and Facilities are detailed in the CFD
proceedings;
WHEREAS, if the CFD proceedings are successful, the City shall use the special
tax revenues generated by the CFD to pay for the Services and to issue special tax bonds
(the "Bonds") to generate up-front monies to pay for some or all of the Facilities;
WHEREAS, the CFD proceedings include a two-third vote of the registered voters
within the boundary of the CFD, which boundary is coterminous with the boundary of the
City;
WHEREAS, the Desert Recreation District (the "District") currently provides park
and recreation services in the region surrounding the City, but not currently within the
City, and plans to submit an application to the Riverside County Local Agency Formation
Commission ("LAFCO") to annex the territory within the City into the service area of the
District;
WHEREAS, the City has determined that placing a local revenue measure on the
ballot and the successful approval of the measure would provide long-term funding for
park and recreation facilities and services to the territory within the City, whether provided
by the City or by the District, pursuant to the contemplated LAFCO proceedings or
otherwise;
WHEREAS, under Section 53316.2 of the Act, a community facilities district may
finance facilities to be owned or operated by a public agency other than the agency that
created the district, or services to be provided by a public agency other than the agency
that created the district, or any combination, pursuant to a joint community facilities
agreement, and a form of a Joint Community Facilities Agreement (the "Agreement") is
on file with the Council;
WHEREAS, the Council wishes to approve the form of the Agreement and make
certain findings related thereto, as required by Section 53316.2 of the Act; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Council hereby finds, determines and declares that entrance into
the Agreement would be beneficial to the residents of the City, as contemplated by
Section 53316.2 of the Act.
Section 2. The Council hereby approves the execution and delivery of the
Agreement on behalf of the City, in substantially the form presented to the Council, with
such changes as the City Manager or his or her designee (each, an "Authorized Officer")
may deem appropriate or necessary, the execution and delivery of the Agreement being
conclusive evidence of the approval of such changes. Each Authorized Officer is hereby
authorized and directed to execute and deliver the Agreement on behalf of the City.
Section 3. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED this 3rd day of August 2022, by the
following vote:
AYES: Councilmembers Gregory,Ross and Carnevale; Mayor Pro Tem
NOES: hgla and Mayor Gutierrez
ABSENT: None
ABSTAIN: None
Ernesto Gutierrez, Mayor
ATTEST:
tekTh.tral.a.LC
Tracey R. rmosillo, City Clerk
APPROVED AS TO FORM:
Eric S. Vail, City Attorney