HomeMy WebLinkAbout1/24/2018 - STAFF REPORTS - 1.M. EPALMSp4
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DATE: January 24, 2018 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1947,
AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN ANNEXATION
NO. 18 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC
SAFETY SERVICES)
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY:
The City Council will consider adoption of Ordinance No. 1947.
RECOMMENDATION:
Waive the reading of the ordinance text in its entirety and adopt Ordinance No. 1947 entitled
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE
LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING
CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION NO. 18, ENCLAVE
AT BARISTO, TRACT MAP NO. 37245, INTO COMMUNITY FACILITIES DISTRICT
NO. 2005-1, (PUBLIC SAFETY SERVICES)."
STAFF ANALYSIS:
On January 3, 2018, on a motion by Councilmember Holstege, second by Mayor Pro Tern
Roberts, the City Council unanimously introduced Ordinance No. 1947 entitled "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY
OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN
ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION NO. 18, ENCLAVE AT
BARISTO, TRACT MAP NO. 37245, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1,
(PUBLIC SAFETY SERVICES)." The Ordinance will be effective 30-days following adoption.
6nthlon ejia, David H. Ready, Esq.,
City Clerk City Manager
/cab
Attachment:
Ordinance No. 1947 M
ITEM Ni
ORDINANCE NO. 1947
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL
TAXES IN A COMMUNITY FACILITIES DISTRICT,
INCLUDING CERTAIN ANNEXATION TERRITORY
IDENTIFIED AS ANNEXATION NO. 18, ENCLAVE AT
BARISTO, TRACT MAP NO. 37245 INTO COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY
SERVICES).
WHEREAS, the City of Palm Springs (the "City") has conducted proceedings
pursuant to the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part
1. Division 2, Title 5 of the Government Code of the State of California (the "Act') and
the City of Palm Springs Community Facilities District Ordinance enacted pursuant to
the powers reserved by the City of Palm Springs under Sections 3, 5, and 7 of Article XI
of the Constitution of the State of California (the "CFD Ordinance") (the Act and the CFD
Ordinance may be referred to collectively as the "Community Facilities District Law"), to
establish the City of Palm Springs Community Facilities District No. 2005-1 (Public
Safety Services) (the "District') for the purpose of financing police services, fire
protection and suppression services, and life safety services (the "Services") as
provided in the Act; and
WHEREAS, the rate and method of apportionment of special tax for the District is
set forth in Exhibit B to the City Council Resolution entitled "A Resolution of the City
Council of the City of Palm Springs, California, Forming and Establishing a Community
Facilities District," (the "Resolution of Formation"), which was adopted on
October 19, 2005; and
WHEREAS the City has conducted proceedings to annex territory into the District
and, with respect to the proceedings, following an election of the qualified electors in the
territory proposed for annexation (the "Annexation Territory"), the City Council, on
January 3, 2018, adopted a Resolution entitled "A Resolution of the City Council of the
City of Palm Springs, California, Declaring the Results of a Special Annexation
Landowner Election, Determining Validity of Prior Proceedings, and Directing the
Recording of an Amendment to Notice of Special Tax Lien for Annexation No. 18,
Enclave at Baristo, Tract Map No. 37245, into Community Facilities District No. 2005-1
(Public Safety Services)."
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The foregoing recitals are true and correct.
02
Ordinance No. 1947
Page 2
Section 2. By the passage of this Ordinance, the City Council hereby authorizes and
levies the special tax within the District, including the Annexation Territory, pursuant to
the Community Facilities District Law, at the rate and in accordance with the rate and
method of apportionment of special tax set forth in the Resolution of Formation, which
rate and method is by this reference incorporated herein. The special tax has
previously been levied in the original territory of the District beginning in fiscal year
2006-07 pursuant to Ordinance No. 1677 passed and adopted by the City Council on
November 2, 2005, and the special tax is hereby levied commencing in Fiscal Year
2018-19 in the District, including the Annexation Territory identified as Annexation No.
18, Enclave at Baristo, Tract Map No. 37245, and in each fiscal year thereafter to pay
for the Services for the District and the costs of administering the District.
Section 3. The City's Finance Director or designee or employee or consultant of the
City is hereby authorized and directed each fiscal year to determine the specific special
tax to be levied for the next ensuing fiscal year for each parcel of real property within the
District, including the Annexation Territory, in the manner and as provided in the
Resolution of Formation.
Section 4. Exemptions from the levy of the special tax shall be as provided in the
Resolution of Formation and the applicable provisions of the Community Facilities
District Law. In no event shall the special tax be levied on any parcel within the District
in excess of the maximum special tax specified in the Resolution of Formation.
Section 5. All of the collections of the special tax shall be used as provided in the
Community Facilities District Law and in the Resolution of Formation, including, but not
limited to, the payment of the costs of the Services, the payment of the costs of the City
in administering the District, and the costs of collecting and administering the special
tax.
Section 6. The special tax shall be collected in the same manner as ordinary ad
valorem taxes are collected and shall have the same lien priority, and be subject to the
same penalties and the same procedure and sale in cases of delinquency as provided
for ad valorem taxes; provided, however, that the City Council may provide for other
appropriate methods of collection by resolution(s) of the City Council. The Finance
Director of the City is hereby authorized and directed to provide all necessary
information to the auditor/tax collector of the County of Riverside in order to effect
proper billing and collection of the special tax, so that the special tax shall be included
on the secured property tax roll of the County of Riverside for Fiscal Year 2018-19 and
for each fiscal year thereafter until no longer required to pay for the Services or until
otherwise terminated by the City.
Section 7. If for any reason any portion of this Ordinance is found to be invalid, or if
the special tax is found inapplicable to any particular parcel within the District, including
the Annexation Territory, by a court of competent jurisdiction, the balance of this
Ordinance and the application of the special tax to the remaining parcels within the
District, including the Annexation Territory, shall not be affected.
03
Ordinance No. 1947
Page 3
Section 8. The Mayor shall sign this Ordinance and the City Clerk shall cause the
same to be published immediately after its passage at least once in a newspaper of
general circulation for the City.
Section 9. This Ordinance shall take effect 30 days from the date of final passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 17T" DAY OF JANUARY, 2018.
ROBERT MOON, MAYOR
ATTEST:
ANTHONY J. MEJIA, MMC
CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY MEJIA, City Clerk of the City of Palm Springs, do hereby certify that
Ordinance No. 1947 is a full, true, and correct copy, and was introduced at a regular
meeting of the Palm Springs City Council held on January 3, 2018, and adopted at a
regular meeting held on January 24, 2018, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Springs, California, this day of
ANTHONY J. MEJIA, MMC
CITY CLERK
04
CITY OF PALM SPRINGS
PUBLIC NOTIFICATION
Date: February 7, 2018
Subject: Ordinance 1947
AFFIDAVIT OF PUBLICATION
I, Cynthia A. Berardi, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Notice was published in the Desert Sun on
February 7, 2018.
1 declare under penalty of perjury that the foregoing is true and correct.
Cynthia A. Berardi, CMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
1, Cynthia A. Berardi, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Notice was posted at City Hall,
3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board, and in the Office
of the City Clerk on or before February 7, 2018.
1 declare under penalty of perjury that the foregoing is true and correct.
Cynthia A. 6erardi, CMC
Chief Deputy City Clerk
750 N Gene Autry Trail
mediagroup Palm Springs,
Tel:700-778 f Fax 760-778.4731
WV Tecusr ven+'nnvrosn Email:Iegals@Medmerfsun.com
PRO FOF AN ORDERANCE OF HE Na+au _
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COUNTY OF RIVERSIDE obtnatruwr)ng�b1a e a >m;y Ian rs fa
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STATE OP CAIIFOR I DE )
CEKTIFICATION
CWrIh OFRNE161� ):1f.
CITY OF PALM WAS
CITY OF PALM SPRINGSILEGALS 6 ANTH0NY MFu�p, pE
PO BOX 2743-- tAmrtano Ism 1811 b a 1raa, wr os dtk
rrayRJlar��maetleg la aia Palm Ke-Id as fY January 247 01 on.ins fat pt end°
aaopeed aea regular meaatp beM on Amsery za.2u1&tytN tat rove:
PALM SPRINGS CA 92263 AYE£ a[ounraRamm d 6ars Nol ys,xom Middktas,Mayor Pro Tam Rob"
NOES: No Mann
ne
ABSENT: None
.ABSTAIN: None ,
I am over the age of 18 years old,a citizen of the IN� ssWW . I have ^ a "�alsealthe�oWo � �Td
February.2B1&
United States and not a party to,or have interest in klQrnhlaA Baratdl far ANMONY/,M tRA MN C
this matter. I hereby certify that the attached UfV GLE Published;2WIS
advertisement appeared in said newspaper(set in
type not smaller than non pariel)in each and entire
issue of said newspaper and not in any supplement
thereof on the following dates,to wit:
02/07/18
1 acknowledge that I am a principal clerk of the
printer of The Desert Sun,printed and published
weekly in the City of Palm Springs,County of
Riverside, State of California.The Desert Sun was
adjudicated a Newspaper of general circulation on
March 24, 1988 by the Superior Court of the
County of Riverside,State of California Case No.
191236.
I declare under penalty of perjury that the foregoing
is true and correct. Executed on this 7th of
February 2018 in Palm Springs,California.
DECLARANT
Ad#:0002712457
P O:Ord 1947
#of Affidavits:1
ORDINANCE NO. 1947
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL
TAXES IN A COMMUNITY FACILITIES DISTRICT,
INCLUDING CERTAIN ANNEXATION TERRITORY
IDENTIFIED AS ANNEXATION NO. 18, ENCLAVE AT
BARISTO, TRACT MAP NO. 37245 INTO COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY
SERVICES).
City Attorney's Summary
This ordinance authorizes the levy of special taxes in a Community
Facilities District, including certain annexation territory identified as
Annexation No. 18, Enclave at Baristo, Tract Map No. 37245, into
Community Facilities District No. 2005-1 (Public Safety Services).
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY MEJIA, City Clerk of the City of Palm Springs, do hereby certify that
Ordinance No. 1947 is a full, true, and correct copy, and was introduced at a regular
meeting of the Palm Springs City Council held on January 3, 2018, and adopted at a
regular meeting held on January 24, 2018, by the following vote:
AYES: Councilmembers Holstege, Kors, Middleton, Mayor Pro Tern Roberts and
Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Springs, California, this o2"4 day of A
ANT ONY J. MEJIA, MMC
CITY CLERK
ORDINANCE NO. 1947
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL
TAXES IN A COMMUNITY FACILITIES DISTRICT,
INCLUDING CERTAIN ANNEXATION TERRITORY
IDENTIFIED AS ANNEXATION NO. 18, ENCLAVE AT
BARISTO, TRACT MAP NO. 37245 INTO COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY
SERVICES).
WHEREAS, the City of Palm Springs (the "City") has conducted proceedings
pursuant to the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part
1. Division 2, Title 5 of the Government Code of the State of California (the "Act") and
the City of Palm Springs Community Facilities District Ordinance enacted pursuant to
the powers reserved by the City of Palm Springs under Sections 3, 5, and 7 of Article XI
of the Constitution of the State of California (the "CFD Ordinance") (the Act and the CFD
Ordinance may be referred to collectively as the "Community Facilities District Law'), to
establish the City of Palm Springs Community Facilities District No. 2005-1 (Public
Safety Services) (the "District") for the purpose of financing police services, fire
protection and suppression services, and life safety services (the "Services") as
provided in the Act; and
WHEREAS, the rate and method of apportionment of special tax for the District is
set forth in Exhibit B to the City Council Resolution entitled "A Resolution of the City
Council of the City of Palm Springs, California, Forming and Establishing a Community
Facilities District," (the `Resolution of Formation"), which was adopted on
October 19, 2005; and
WHEREAS the City has conducted proceedings to annex territory into the District
and, with respect to the proceedings, following an election of the qualified electors in the
territory proposed for annexation (the "Annexation Territory"), the City Council, on
January 3, 2018, adopted a Resolution entitled "A Resolution of the City Council of the
City of Palm Springs, California, Declaring the Results of a Special Annexation
Landowner Election, Determining Validity of Prior Proceedings, and Directing the
Recording of an Amendment to Notice of Special Tax Lien for Annexation No. 18,
Enclave at Baristo, Tract Map No. 37245, into Community Facilities District No. 2005-1
(Public Safety Services)."
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The foregoing recitals are true and correct.
Section 2. By the passage of this Ordinance, the City Council hereby
authorizes and levies the special tax within the District, including the Annexation
Territory, pursuant to the Community Facilities District Law, at the rate and in
Ordinance No. 1947
Page 2
accordance with the rate and method of apportionment of special tax set forth in the
Resolution of Formation, which rate and method is by this reference incorporated
herein. The special tax has previously been levied in the original territory of the District
beginning in fiscal year 2006-07 pursuant to Ordinance No. 1677 passed and adopted
by the City Council on November 2, 2005, and the special tax is hereby levied
commencing in Fiscal Year 2018-19 in the District, including the Annexation Territory
identified as Annexation No. 18, Enclave at Baristo, Tract Map No. 37245, and in each
fiscal year thereafter to pay for the Services for the District and the costs of
administering the District.
Section 3. The City's Finance Director or designee or employee or consultant
of the City is hereby authorized and directed each fiscal year to determine the specific
special tax to be levied for the next ensuing fiscal year for each parcel of real property
within the District, including the Annexation Territory, in the manner and as provided in
the Resolution of Formation.
Section 4. Exemptions from the levy of the special tax shall be as provided in
the Resolution of Formation and the applicable provisions of the Community Facilities
District Law. In no event shall the special tax be levied on any parcel within the District
in excess of the maximum special tax specified in the Resolution of Formation.
Section 5. All of the collections of the special tax shall be used as provided in
the Community Facilities District Law and in the Resolution of Formation, including, but
not limited to, the payment of the costs of the Services, the payment of the costs of the
City in administering the District, and the costs of collecting and administering the
special tax.
Section 6. The special tax shall be collected in the same manner as ordinary
ad valorem taxes are collected and shall have the same lien priority, and be subject to
the same penalties and the same procedure and sale in cases of delinquency as
provided for ad valorem taxes; provided, however, that the City Council may provide for
other appropriate methods of collection by resolution(s) of the City Council. The
Finance Director of the City is hereby authorized and directed to provide all necessary
information to the auditor/tax collector of the County of Riverside in order to effect
proper billing and collection of the special tax, so that the special tax shall be included
on the secured property tax roll of the County of Riverside for Fiscal Year 2018-19 and
for each fiscal year thereafter until no longer required to pay for the Services or until
otherwise terminated by the City.
Section 7. If for any reason any portion of this Ordinance is found to be invalid,
or if the special tax is found inapplicable to any particular parcel within the District,
including the Annexation Territory, by a court of competent jurisdiction, the balance of
this Ordinance and the application of the special tax to the remaining parcels within the
District, including the Annexation Territory, shall not be affected.
Ordinance No. 1947
Page 3
Section 8. The Mayor shall sign this Ordinance and the City Clerk shall cause
the same to be published immediately after its passage at least once in a newspaper of
general circulation for the City.
Section 9. This Ordinance shall take effect 30 days from the date of final
passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 24TH DAY OF JANUARY, 2018.
ROBERT MOON, MAYOR
ATTEST:
ANTHONY J. MEJIA, MMC
CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY MEJIA, City Clerk of the City of Palm Springs, do hereby certify that
Ordinance No. 1947 is a full, true, and correct copy, and was introduced at a regular
meeting of the Palm Springs City Council held on January 3, 2018, and adopted at a
regular meeting held on January 24, 2018, by the following vote:
AYES: Councilmembers Holstege, Kors, Middleton, Mayor Pro Tern Roberts and
Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Springs, California, this day of
ANTHONY J. MEJIA, MMC
CITY CLERK