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City Council Staff Report
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DATE: September 26, 2017 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1937,
AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN ANNEXATION
NO. 17 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. 1937.
RECOMMENDATION:
Waive the second reading of the ordinance text in its entirety, read by title only, and adopt
Ordinance No. 1937, "AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AUTHORIZING ANNEXATION NO. 17, 64 @ THE RIV, TRACT MAP NO.
37210, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1, (PUBLIC SAFETY
SERVICES), AUTHORIZING THE LEVY OF A SPECIAL TAX, AND SUBMITTING THE
LEVY OF A SPECIAL TAX TO QUALIFIED ELECTORS."
STAFF ANALYSIS:
On September 6, 2017, Ordinance No. 1937 was introduced for first reading, as noted
below:
ACTION: Waive the reading of text in its entirety, read by title only, and introduce
for first reading Ordinance No. 1937, "AN ORDINANCE OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING ANNEXATION NO. 17,
64 @ THE RIV, TRACT MAP NO. 37210, INTO COMMUNITY FACILITIES
DISTRICT NO. 2005-1, (PUBLIC SAFETY SERVICES), AUTHORIZING THE LEVY
OF A SPECIAL TAX, AND SUBMITTING THE LEVY OF A SPECIAL TAX TO
QUALIFIED ELECTORS."
Approved by a majority vote of the City Council (4-0-1).
AYES: Councilmembers Kors, Mills, Mayor Pro Tem Foat, and Mayor Moon
NOES: None
ABSENT: Councilmember Roberts
n-EM NO.
ADOPTION OF ORDINANCE NO. 1937
September 26, 2017
Page 2 of 2
This report provides for the City Council to waive further reading and adopt the ordinance.
The ordinance shall be effective 30-days from adoption.
Kathleen D. Hart, MMC David H. Ready, Es .
Interim City Clerk City Manager
/cab
Attachment:
Ordinance No. 1937
02
ORDINANCE NO. 1937
AN ORDINANCE OF THE CITY COUNCIL 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. 17, 64 @
THE RIV, TRACT MAP NO. 37210 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 June 7, 2017, 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. 17, 64 @ the Riv, Tract Map No. 37210, 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.
03
Ordinance No. 1937
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 2017-18 in the District, including the Annexation Territory
identified as Annexation No. 17, 64 @ the Riv, Tract Map No. 37210, 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 2017-18 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
04
Ordinance No. 1937
Page 3
this Ordinance and the application of the special tax to the remaining parcels within the
District, including the Annexation Territory, shall not be affected.
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 26T" DAY OF SEPTEMBER, 2017.
ROBERT MOON, MAYOR
ATTEST:
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, do hereby
certify that Ordinance No. 1937 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council held on September 6, 2017, and
adopted at a regular meeting held on September 26, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSAL:
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
05
The Desert Sun
750 N Gene Autry Trail Certificate of Publication
Palm Springs, CA 92262 rw E C E I V E D
760-778-4578/Fax 760-778-4731 17 'y G r PALM S I t I H t,
State Of California ss: 2111 OCT 10 AM 8' 44
County of Riverside
Advertiser: CITY OF PALM SPRINGS/LEGALS.
PO BOX 2743
PALM SPRINGS CA 92263
Order# 0002453639
1 am over the age of 18 years old, a citizen of
the United States and not a party to, or have
interest in this matter. I hereby certify that the
attached 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:
Newspaper: The Desert Sun
10/6/2017
NO 1398: ORDINANCE NO.1937
1 acknowledge that I am a principal clerk of the � of PALM SPRIFNAGS,
OF THE GrrY COUNCIL tMOF T7,H�E 4 a THE RIV,TRACT
printer of The Desert Sun, printed and uuFORRaN�AUTHOR�j Ng, y RtCT Nfl.2005 T(PUBLIC SAFETY
published weekly in the City of Palm Springs, SER i&Sj,AUTHORIZING TTHE Ltvr of A sPEaa T� AND suRMrtnNa THE
LEVY OF A SPECIALTAK To�ALIFIED ELECTORS'
County of Riverside, State of California.TheCity
Desert Sun was adjudicated a Newspaper of This ordinance,authorizes the f UidentifiedCas An exatipin Faciffles
general circulation on March 24, 1988 b the District, including certam annexationo,372 t? o nunty Gaalit es District No.
g y 17.64 a the RN,Tract Map No.37210, alto
Superior Court of the County of Riverside, 200s-1(public safety Services).
CERTIFICATION
State of California Case No. 191236.
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE I ss•
CITY OF PALM SPRINGS )_
I,KATHLEEN D.HART,Interim-CRy Clerk of the and of Palm Springs,dopthe tro-
by
Painl 3Prkags City Counmlberl26,20 7,by ber
certify that Ordinance No.19 7 is a full,true,and correct weld and was m the
I declare under penalty of perjury that the doted at a regular meatM9 he d on Sapte
6,2017,+^fie°Fred at a regular meeting
foregoing is true red correct. Executed on following Pro Tem.Foat, and Mayor
AYES: Counclimemb+rs Korn• Roberts, Mayor
this 6th d of OFTOBER, 2017 in Palm Moon
1 NOES: ne
Springs, AasENT: NoCoundlmemhe Millsalirnia.
't ABSTAIN: Nona
RECUSAL: Nona
T RIM C MC
D.HART,M
IN
INTE0.IM CITY CLERK
Declarant
CITY OF PALM SPRINGS
PUBLIC NOTIFICATION
Igrm�`
Date: October 6, 2017
Subject: Ordinance 1937
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
October 6, 2017.
1 declare under penalty of perjury that the foregoing is true and correct.
Cynthia A. Berardi, CIVIC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
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 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 October 5, 2017.
1 declare under pe Ity of perjury that the foregoing is true and correct.
Cynthia A. rardi, CIVIC
Chief Deputy City Clerk
ORDINANCE NO. 1937
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AUTHORIZING
ANNEXATION NO. 17, 64 @ THE RIV, TRACT MAP
NO.37210, INTO COMMUNITY FACILITIES DISTRICT
NO. 2005-1 (PUBLIC SAFETY SERVICES), AUTHORIZING
THE LEVY OF A SPECIAL TAX, AND SUBMITTING THE
LEVY OF A SPECIAL TAX TO QUALIFIED ELECTORS.
City Attomey's Summary
This ordinance authorizes the levy of special taxes in a Community
Facilities District, including certain annexation territory identified as
Annexation No. 17,64 @ the Riv, Tract Map No. 37210, into Community
Facilities District No. 2005-1 (Public Safety Services).
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, do hereby
certify that Ordinance No. 1937 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council held on September 6, 2017, and
adopted at a regular meeting held on September 26, 2017, by the following vote:
AYES: Councilmembers Kors, Roberts, Mayor Pro Tern Foat, and Mayor Moon
NOES: None
ABSENT: Councilmember Mills
ABSTAIN: None
RECUSAL: None
AAu -
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
ORDINANCE NO. 1937
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AUTHORIZING
ANNEXATION NO. 17, 64 @ THE RIV, TRACT MAP
NO.37210, INTO COMMUNITY FACILITIES DISTRICT
NO. 2005-1 (PUBLIC SAFETY SERVICES), AUTHORIZING
THE LEVY OF A SPECIAL TAX, AND SUBMITTING THE
LEVY OF A SPECIAL TAX TO QUALIFIED ELCTORS.
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. 17,64 @ the Riv, Tract Map No. 37210, 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 June 7, 2017, 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. 17, 64 @ the Riv, Tract Map No. 37210, 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:
Ordinance No. 1937
Page 2
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
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 2017-18 in the District, including the Annexation Territory
identified as Annexation No. 17, 64 @ the Riv, Tract Map No. 37210, 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 2017-18 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,
Ordinance No. 1937
Page 3
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.
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 26T" DAY OF SEPTEMBER, 2017.
ROBERT MOON, MAYOR
ATTEST:
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, do hereby
certify that Ordinance No. 1937 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council held on September 6, 2017, and
adopted at a regular meeting held on September 26, 2017, by the following vote:
AYES: Councilmembers Kors, Roberts, Mayor Pro Tern Foat, and Mayor Moon
NOES: None
ABSENT: Councilmember Mills
ABSTAIN: None
RECUSAL: None
KATHLEEN D. HART, MMC
INTERIM CITY CLERK