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HomeMy WebLinkAbout9/16/2015 - STAFF REPORTS - 2.D. aO,,pp`M SAF .y c V N ,R 1Ce qS City Council Staff Report CQ</FO RN�P DATE: September 16, 2015 CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1884 AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY: The City Council will consider adoption of Ordinance No. 1884, RECOMMENDATION: Waive the reading of the ordinance text in its entirety and adopt Ordinance No. 1884, "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. 2, 18 @ TWIN PALMS, TRACT MAP NO. 36651, INTO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES)." STAFF ANALYSIS: On February 18, 2015, Ordinance No. 1884 was introduced for first reading, as noted below: ACTION: Waive the reading of the ordinance text in its entirety and read by title only, Ordinance No. 1884, "AN ORDINANCE OF CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION NO. 2, 18 @ TWIN PALMS, TRACT MAP NO. 36651, INTO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES)." Motion Councilmember Foat, seconded by Councilmember Mills, and carried unanimously. Item No. 2 . D . ADOPTION OF ORDINANCE NO. 1884 September 16, 2015 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. James Thompson David H. Ready, Es City Clerk City Manager /kd h Attachments: Ordinance No. 1884 02 ORDINANCE NO. 1884 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. 2, 18 @ TWIN PALMS, TRACT MAP NO. 36651, INTO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (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. 2007-1 (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 17, 2007; 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 2, 2015, 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. 2, 18 @ Twin Palms, Tract Map No. 36651, into Community Facilities District No. 2007-1 (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 03 Ordinance No. 1884 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. 1723 passed and adopted by the City Council on November 7, 2007, and the special tax is hereby levied commencing in fiscal year 2016-17 in the District, including the Annexation Territory identified as Annexation No. 2, 18 @ Twin Palms, Tract Map No. 36651, 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 2016-17 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. 1884 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 161h DAY OF SEPTEMBER, 2015. STEPHEN P. POUGNET, 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. 1884 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council held on September 2, 2015, and adopted at a regular meeting held on the 16th day of September, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JAMES THOMPSON, CITY CLERK City of Palm Springs, California 05 CITY OF PALM SPRINGS NOTIFICATION City Council Meeting Date: September 16, 2015 Subject: Ordinance No. 1884 AFFIDAVIT OF PUBLICATION I, Kathie 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 September 30, 2015, 1 rd Iecllar_e under penalty of perjury that the foregoing is true and correct. LL b Kathie Hart, MMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Kathie 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 September 28, 2015. I declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, MMC Chief Deputy City Clerk The Desert Sun 750 N Gene Autry Trail Certificate of Publication Palm Springs, CA 92262 RECEIVED 760-778-4578/Fax 760-778-4731 _'F PALM 5 r j=, t State Of California as: ZQlS OCT —5 PM 2: 29 County of Riverside JAHN s THSIMF u;: CITY CLERK Advertiser: CITY OF PALM SPRINGSILEGALS PO BOX 2743 PALM SPRINGS CA 92263 Order# 0000759005 RE: No 1391 ORDINANCE NO. 1884 AN ORDINANCE OF THE CITY OF PALM I 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 9/30/2015 1 acknowledge that I am a principal clerk of the printer of The Desert Sun, printed and No 1391 published weekly in the City of Palm Springs, ORDINANCE No.11111114 AN ORDINANCE OF THE CITY OF County of Riverside, State of California.The PALM SPRINGS, CAUFORNII AU" ,I THORIaNG THE LEVY OF SPECIAL Desert Sun was adjudicated a Newspaper of TAXES IN A COMMUNITY FACILITIES TWIN DISTRICr, INCLUDING CERTAIN AW general circulation on March 24, 1988 by the NEXATTOn TERRIrORr IDENTIFIED Superior Court of the County of Riverside, PALMSNm�Ac�r uuv No ss1 INTO State of California Case No. 191236. CN°oMmoN7-m IPUBUC SSAAFETvYERV ICES) CRy Altomey Summary ThIs Ordinance annexes Nea am Of e Ofland wPlhin a previously Na 3 to devetopmenL Annexation Na 3 dra boundaries of Comimarily Fadli- ° I declare under penalty of perjury that the ow.unew N^wch area`" I be re" spondbh for the Payment of an an- foregoing is true and correct. Executed on nual pubik salary NMI Sax as ra- q �under�CammunHy FaW1Uas this 30th day of SEPTEMBER, 2015 in Palm CD CERn Fit CAnON S fin 5, C STATE OF CAUFORNLA P 9 COUNTv aF RNERSIDE ss. CITY OF P(AM SPRINGS 1, JAMES THOMPSON, Clty Clerk of the CJtyt of Palm Spdnas, do hereby certly that ordInantt m u*4 is a full,true,and cDma copy,anrd� mft of yePNmSpring t a regular Cou dlothaedld on �I eta ,tile"u3,2 g hWd dnoihe I th day yWq 5aptember, 201% by thefol- pYE4. Coup l,m mber Fast, MINK De rant ^ � Pre Tam Lawa..d Mara coundinumber Hutcheson F/VVV BStA N 1 NOne JAOWS JAMESb Ns.CITV CLERK Pot u Pal//E n Callfarnis ORDINANCE NO. 1884 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. 2, 18 @ TWIN PALMS, TRACT MAP NO. 36651, INTO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES) City Attorney Summary This Ordinance annexes the area of land within a previously approved development, Annexation No. Z to the boundaries of Community Facilities District No. 2007-1 and property owners within such area will be responsible for the payment of an annual public safety services tax as required under Community Facilities District No. 2007-1. 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. 1884 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council held on September 2, 2015, and adopted at a regular meeting held on the 16th day of September, 2015, by the following vote: AYES: Councilmember Foat, Mills, Mayor Pro Tern Lewin, and Mayor Pougnet NOES: None ABSENT: Councilmember Hutcheson ABSTAIN: None AMES THOMPSON, CITY CLERK City of Palm Springs, California ORDINANCE NO. 1884 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. 2, 18 @ TWIN PALMS, TRACT MAP NO. 36651, INTO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (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. 2007-1 (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 17, 2007; 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 2, 2015, 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. 2, 18 @ Twin Palms, Tract Map No. 36651, into Community Facilities District No. 2007-1 (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. 1884 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. 1723 passed and adopted by the City Council on November 7, 2007, and the special tax is hereby levied commencing in fiscal year 2016-17 in the District, including the Annexation Territory identified as Annexation No. 2, 18 @ Twin Palms, Tract Map No. 36651, 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 2016-17 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. 1884 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 161h DAY OF SEPTEMBER, 2015. STEPHEN P. POUGNET, 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. 1884 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council held on September 2, 2015, and adopted at a regular meeting held on the 16"' day of September, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JAMES THOMPSON, CITY CLERK City of Palm Springs, California The Desert sun Certificate of Publication 750 N Gene Autry Trail Palm Springs, CA 92262 RECEIVED 760-778-4578/Fax 760-778-4731 ;' ' Y OF PALM S N 2015 AUG 20 AM 7t SO State Of California ss: JAME$ THQMPS,QN County of Riverside CITY CLERK Advertiser: CITY OF PALM SPRINGS/LEGALS � PO BOX 2743 PALM SPRINGS CA 922632 2000895102 No 1188 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRIITNGS COMMUN`PUBLIC SAFETY SERVICES)FACILITIES RICT NO.2007-1 ANNEXATION NO.2 18 0 TWIN PALMS, TRACT MAO NO.36651 1 am over the age of 18 years Old, a Citizen Of the United Notice is hereby given that the City Council of the Stales and not a party to, or have interest in this matter. I City of Palm Springs will conduct a public hearing hereby certify that the attached advertisement appeared CI Wednesday,September 2,2015,at e:oe p.m. at City Hall,City Council Chamber,located at In said newspaper (set In type not smaller than non panel) 3200 East Tahquitz Canyon Way, Palm Springs, in each and entire issue of said newspaper and not in any California,92262,to consider the following: supplement thereof on the following dates,to wit: COMMUNITY FACILITIES DISTRICT NO.2007-1 (PUBLIC SAFETY SERVICES) ANNEXATION Newspaper: The Desert Sun 18®TWIN PALMS,TRACT MAP NO.36651 On July 15,2015,the City Council,as the legisla- tive body for the District,ad led Resolution No. 23860, A RESOLUTION OF THE CITY COUN- 8/15/2015 CIL OF THE CITY OF PALM SPRINGS CALI- FORNIA, DECLARING ITS INTENTION fd AN- NEX TERRITORY INTO A COMMUNITY FACILI- TIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES' (the 'Resolution of Intention'). Pursuant to the Resolution of Inten- tion,the City Council determined that the public convenience and necessity require that certain ter- ritory,as more particularly described in the Reso- lution of Intention,be annexed to the existing Dis- trict,all as provided In the Mello-Roos Community Facilities Act of 1982(Sections 53311 and follow- acknowled acknowledge I am a principal Clerk of the inter Of follow- ing,California Government Code)(the'Act'. Ref- 9 P P P erence is hereby made to the Res on Inten- The Desert Sun, printed and published weekly in the City ton,on file with the Ci v Clerk of the City for fur- ther particulars. The fol c wtngfis a summary of the of Palm Springs, County of Riverside, State of California. provisions of the Resolution o Intention. The Desert Sun was adjudicated a newspaper of general In the Resolution of Intention,the City Council de- circulation on March 24, 1988 by the Superior Court of the clared its intention to annex territory into Commun- Itv Facilities District No, 2007-1 (Public Safety County of Riverside, State of California Case No. Services)(the"District"). The area proposed to be 191236. annexed to the District is as shown on Annexation Map No.2,on file with the City Clerk,and identi- fied in Exhibit A of the Resolution of Intention. The District shall fund police services,fire protec- tion declare under penalty ofperjurythat the foregoing is true e .Itnd s presently iservices,andhe servicfelyes servl P Y 9 9 ices. It is presently reference that the services will be provided,without reference or priority,to the and Correct. Executed on this 15th day of August, 2015 in existing territory in tie District and the territory proposed to be annexed to the District. The Reso- Palm Springs,Ca r a. Pution of Intention provides that the special taxes heretofore caused to be levied in the District shall be levied in the territory proposed to be annexed, subject to public hearing and owner consent pro- ceedings as specified in the Act. Any parson affected may file a protest in writing with the City Clerk for mail or hand delivery)to: James Thompson,City Clerk 3200 E.Tahquitz Canyon Way D larant's Signature Palm Springs,CA 92262 The staff report and other suppportip?Q documents reeggarding this are available ror tub, review at Ci(y Hall between the hours of 8:00 a.m.and 6:00 p m.,Monday through Thursday. Please contact the Office of the Cay Cleric at(760) 323-8204 if you would like to schedule an appointment to re- view these documents. An opportunity will be given at said hearing for all interested persons to be heard.Questions regard- 2this mayy the directed to the Office of City Clerk (760)323-8204. Si necesita Moe con sate carts,portavor(lame a Is Ciudad de Palm Springs y puede hablar con Felipe Primer.telefono(760)323-8253. James Thompson,City Clerk Published:8115115