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HomeMy WebLinkAbout5/3/2017 - STAFF REPORTS - 1.J. �Ot pALM sA9 iy a V N City Council Staff Report C �P 4ifRO1lN DATE: May 3, 2017 CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1924, AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION NO. 16, MIRALON, TRACT MAP NO. 31848 INTO 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. 1924. RECOMMENDATION: Waive the second reading of the ordinance text in its entirety, read by title only, and adopt Ordinance No. 1924, "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. 16, MIRALON, TRACT MAP NO. 31848 INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES)." STAFF ANALYSIS: On April 19, 2017, Ordinance No. 1924 was introduced for first reading, as noted below: ACTION: 1) Waive reading of the full text in its entirety, read by title only, and introduce for first reading Ordinance No. 1924, "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. 16, MIRALON, TRACT MAP NO. 31848, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1, (PUBLIC SAFETY SERVICES)." Motion by Councilmember Kors, seconded by Councilmember Roberts, and carried by a majority vote. AYES: Councilmember Kors, Councilmember Roberts, and Mayor Moon. NOES: None. ABSENT: Councilmember Mills and Mayor Pro Tern Foat. ITEM NO. ADOPTION OF ORDINANCE NO, 1924 May 3, 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. 5�0 Kathleen D. Hart, MMC David H. Ready, Esq,`P . . Interim City Clerk City Manager /cab Attachment: Ordinance No. 1924 0-2 ORDINANCE NO. 1924 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. 16, MIRALON, TRACT MAP NO. 31848 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 March 15, 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. 16, "Miralon", Tract Map No. 31848, 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 V"3 Ordinance No. 1924 Page 2 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. 16, "Miralon", Tract Map No. 31848, and in each fiscal year thereafter to pay for the Services for the District and all 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 this Ordinance and the application of the special tax to the remaining parcels within the District, including the Annexation Territory, shall not be affected. 04 Ordinance No. 1924 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 3RD DAY OF MAY, 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. 1924 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council held on April 19, 2017, and adopted at a regular meeting held on May 3, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: KATHLEEN D. HART, MMC INTERIM CITY CLERK i5 The Desert Sun 750 N Gene Autry Trail Certificate of Publication Palm Springs, CA 92262 760-778-4578/ Fax 760-778-4731 RECEIVED CiTy OF PALM SPRING` State Of California ss: 211, MAY 22 AM 80, 32 County of Riverside OFFICE OF THE CITY C!ERK Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 92263 Order# 0002136154 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 5/13/2017 acknowledge that I am a principal clerk of the NO 0673: ORDINANCE NO.1924 Printer of The Desert Sun, printed rented and AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT,INCLUDING published week) In the City of Palm Springs. CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION NO. 16. P Y tYMIRALON,TRACT MAP NO.31848 INTO COMMUNITY FACILITIES DISTRICT NO. County of Riverside, State of California. The 2005.1(PUBLIC SAFETY SERVICES). Desert Sun was adjudicated a Newspaper of STATE OF CALIFORNIA ) CERTIFICATION general circulation on March 24, 1988 by the COUNTY OF RIVERSIDE ) CITY OF PALM SPRINGS ) - Superior Court of the County of Riverside, I, KATHLEEN D.HART,Interim City Clerk of the City of Palm Springs,do hereby State of California Case No. 191236. certify that Ordinance No-1924 is a full,true,and correct copy,and was intra- duced at a regular meeting of the Palm Springs City Council held on April 19, 2017,and adopted at a regular meeting held on May 3,2017,by the fallowing vote: AYES: Councilmembers Kars,Mills,Roberts,Mayor Pro Tern Feat,and Mayor Moan NOES: None - 1 declare under analb of that the ABSENT; None p� ! perjury Y ABSTAIN: None foregoing is tr correct. Executed on RECUSED: None 9 9 KATHLEEN D.HART,MMC this 13th d INTERIM CITY CLERK of MAY, 2017 in Palm Springs, __ � Published:5/13/17 Californ' . r i ORDINANCE NO. 1924 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. 16, MIRALON, TRACT MAP NO. 31848 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. 1924 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council held on April 19, 2017, and adopted at a regular meeting held on May 3, 2017, by the following vote: AYES: Councilmembers Kors, Mills, Roberts, Mayor Pro Tern Foat, and Mayor Moon NOES: None ABSENT: None ABSTAIN: None RECUSED: None KATHLEEN D. HART, MMC INTERIM CITY CLERK ORDINANCE NO. 1924 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. 16, MIRALON, TRACT MAP NO. 31848 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 March 15, 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. 16, "Miralon", Tract Map No. 31848, 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 Ordinance No. 1924 Page 2 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. 16, "Miralon", Tract Map No. 31848, and in each fiscal year thereafter to pay for the Services for the District and all 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 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. 1924 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 3RD DAY OF MAY, 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. 1924 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council held on April 19, 2017, and adopted at a regular meeting held on May 3, 2017, by the following vote: AYES: Councilmembers Kors, Mills, Roberts, Mayor Pro Tern Foat, and Mayor Moon NOES: None ABSENT: None ABSTAIN: None RECUSED: None KATHLEEN D. HART, MMC INTERIM CITY CLERK