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Home My WebLink About10/5/2016 - STAFF REPORTS - 1.C.City Council Staff Report DATE: October 5, 2016 CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1901 AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION NO. 13, BOULDERS TRACT MAP 31095 AND CRESCENDO, TRACT MAP NO. 31766, 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. 1901. RECOMMENDATION: Waive the second reading of the ordinance text in its entirety and adopt Ordinance No. 1901, "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. 13, BOULDERS TRACT MAP 31095 AND CRESCENDO, TRACT MAP NO. 31766, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES)." STAFF ANALYSIS: On September 21, 2016, Ordinance No. 1901 was introduced for first reading, as noted below: ACTION: Waive the reading of the ordinance text in its entirety and introduce for first reading Ordinance No. 1901, "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. 13, BOULDERS TRACT MAP 31095 AND 11EM NO. \ L ADOPTION OF ORDINANCE NO. 1901 October 5, 2016 Page 2 of 2 CRESCENDO, TRACT MAP NO. 31766, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES)." Motion by Councilmember Korrs, seconded by Councilmember Roberts and carried by a unanimous roll call vote. AYES: Councilmember Foat, Councilmember Kors, Councilmember Roberts, Mayor Pro Tern Mills, and Mayor Moon. NOES: None ABSENT: None This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30-days from adoption. r,. mes Thompson David H. Ready, Esg40 -- Clty Clerk City Manager /kd h Attachments: Ordinance No. 1901 02 ORDINANCE NO. 1901 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. 13, BOULDERS TRACT MAP 31095 AND CRESCENDO, TRACT MAP NO. 31766, 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 September 21, 2016, 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. 13, Boulders, Tract Map No. 31095 and Crescendo, Tract Map No. 31766, 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. 1901 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. 13, Boulders, Tract Map No. 31095 and Crescendo, Tract Map No. 31766, 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 04 Ordinance No. 1901 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 5th DAY OF OCTOBER, 2016. 0ONTa NETA Me] ► uW •- ATTEST: JAMES THOMPSON, CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, do hereby certify that Ordinance No. 1901 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council held on September 21, 2016, and adopted at a regular meeting held on the October 5, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JAMES THOMPSON, CITY CLERK City of Palm Springs, California 05 CITY OF PALM SPRINGS NOTIFICATION (a City Council Meeting Date: October 5, 2016 Subject: Ordinance No. 1901 AFFIDAVIT OF PUBLICATION I, Kathleen D. Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summary was published in the Desert Sun on October 13, 2016. I declare under penalty of perjury that the foregoing is true and correct. 14�& Kathleen D. Hart, MMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Kathleen D. Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summary and Ordinance 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 October 11, 2016. I declare under penalty of perjury that the foregoing is true and correct. V kiaL� Kathleen D. Hart, MMC Chief Deputy City Clerk The Desert Sun 750 N Gene Autry Trail Palm Springs, CA 92262 760-778-4578 / Fax 760-778-4731 State Of California as: County of Riverside Certificate of Publication, RECEIVED RINGS CITY Of PAIN It,% OCT it W 1 A CITY CLER!(0 Advertiser: CITY OF PALM SPRINGSILEGALS PO BOX 2743 PALM SPRINGS CA 92263 Order# 0001653433 I am over the age of 18 years old, a citizen of the United States and not a parry 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 10/13/2016 I 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, 19BB 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 STATE OF CqL COUNTY OF B CITY OF PALM ,1, JAMES THOI by certi the, tmduc at a' September 21 on Odober 51 AYES: Co an NOES Nc ABSENT: K ABSTAIN: -Na JAMES THOMI City' Of Palm SI this 13th day OCTOBER, 2016 in Palm Springs, C - orni 1 Declaran iy �i4�iIMlitl -ENO. 1901 a'".- CIL OFaTHF`RrrYt'OF-'0AL:m NPWNGS, IF SPECIAL TAXES IN A COMMUNiPY,FA- ANNEXATION TERRITORY -IDENTIFIED AS T MAP 31095 AN6%0WEND0,I!TRXcT ACILrmS DIS"ICTPN10!'W05-1 "!PUBLIC Yal ,v's 5ummarvFj'l. S-1 (PObBC SateTy SPMfey. 1 "" '"'^ 'CERTIFICATION''^ Clerk of the Cuf Palm S rings, California, do here - Jo. --1900 Is a full, tru6,NnS'o6rre'' Py,-andWas, ih- ngofkh6`PalmSpiings'City Councilor - ='ro'� doddtad=at a regular meetmg of the ClVt:o m61 *16 IdlfbW�r�ywote: fbattCounciimember Kors, Couhcilmember Roberts, LIr«.ww . +.ati:at: Mills. y,Krc,<i„ I'„ .ERK;I1', 'biGRF�;:.4'.m". At,Yi!NiV. 4A. : fubllihed: l0l,131,2016, c['Ns T' ORDINANCE NO. 1901 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. 13, BOULDERS TRACT MAP 31095 AND CRESCENDO, TRACT MAP NO. 31766, 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. 13, Boulders Tract Map 31095 and Crescendo, Tract Map No. 31766, into Community Facilities District No. 2005-1 (Public Safety Services). CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1900 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on September 21, 2016, and adopted at a regular meeting of the City Council held on October 5, 2016, by the following vote: AYES: Councilmember Foat, Councilmember Kors, Councilmember Roberts, and Mayor Moon. NOES: None. ABSENT: Mayor Pro Tern Mills. ABSTAIN: None. ES THOMPSON, CITY CLERK City of Palm Springs, California ORDINANCE NO. 1901 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. 13, BOULDERS TRACT MAP 31095 AND CRESCENDO, TRACT MAP NO. 31766, 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 September 21, 2016, 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. 13, Boulders, Tract Map No. 31095 and Crescendo, Tract Map No. 31766, 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. Ordinance No. 1901 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. 13, Boulders, Tract Map No. 31095 and Crescendo, Tract Map No. 31766, 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 Ordinance No. 1901 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 51h DAY OF OCTOBER, 2016. ROBERT MOON, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, do hereby certify that Ordinance No. 1901 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council held on September 21, 2016, and adopted at a regular meeting held on the October 5, 2016, by the following vote: AYES: Councilmember Foat, Councilmember Kors, Councilmember Roberts, and Mayor Moon, NOES: None. ABSENT: Mayor Pro Tern Mills. ABSTAIN: None. JAMES THOMPSON, CITY CLERK City of Palm Springs, California