Loading...
HomeMy WebLinkAbout3/4/2015 - STAFF REPORTS - 2.C. P A`M S°P c [l N x t pOpArt. City Council Staff Report DATE: March 4, 2015 CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1872 AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY (ANNEXATION NO. 8) (DESERT PALISADES, TRACT 35540) FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY: The City Council will consider adoption of Ordinance No. 1872. RECOMMENDATION: Waive the reading of the ordinance text in its entirety and adopt Ordinance No. 1872, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY (ANNEXATION NO. 8) (DESERT PALISADES, TRACT 35540)." STAFF ANALYSIS: On February 18, 2015, Ordinance No. 1872 was introduced for first reading, as noted below: ACTION: Waive the reading of the ordinance text in its entirety, read by title only, and introduce on first reading Ordinance No. 1872, " AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY (ANNEXATION NO. 8) (DESERT PALISADES, TRACT 35540)." Motion Councilmember Mills, seconded by Councilmember Hutcheson and unanimously carried on a roll call vote. Item No. 2 . C e ADOPTION OF ORDINANCE NO. 1872 March 4, 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. J mes Thompson David H. Ready, Es4 . �zui Clerk City Manager /kd h Attachments: Ordinance No. 1872 02 ORDINANCE NO. 1872 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY (ANNEXATION NO. 8) (DESERT PALISADES, TRACT 35540). 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 February 18, 2015, adopted a Resolution entitled "A Resolution of the City Council of the City of Palm Springs, California, Declaring the Results of Special Annexation Landowner Election, Determining Validity of Prior Proceedings, and Directing the Recording of an Amendment to Notice of Special Tax Lien." NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, DOES HEREBY ORDAIN AS FOLLOWS: 1. The foregoing recitals are true and correct. 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 03 Ordinance No. 1872 Page 2 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 2015-16 in the District, including the Annexation Territory, and in each fiscal year thereafter to pay for the Services for the District and all costs of administering the District. 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. 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. 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. 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 2015-16 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the City. 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. 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. 04 Ordinance No. 1872 Page 3 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 4th DAY OF MARCH, 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, California, do hereby certify that Ordinance No. 1872 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs CitX Council held on February 18, 2015, and adopted at a regular meeting held on the 4t day of March, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JAMES THOMPSON, CITY CLERK City of Palm Springs, California 05 The Desert Sun Certificate of Publication 750 N Gene Autry Trail ,(^ .� _. Palm Springs, CA92262 �'Ir '� 760-778-4578/Fax 760-778-4731 2015 HAR 19 raft 9: 11 State Of California ss: County of Riverside Advertiser: CITY OF PALM SPRINGS/LEGALS PO 80X 2743 PALM SPRINGS CA 922632 2000574673 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 panel) in each and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: Newspaper: .The Desert Sun No 0352 ORDINANCE NO.1672 ' 3/14/2015 AN ORDNANCE OF THE CITY OFPALM SPRING$, CALIFORNIA AUTHORIZING THE FACIILITIE�DISTRICT INCLUDING CEIAL TAXES IN A RTAIN ANNEXATION TERRfIb% ANW&TION NO. 81.(DESERT PALISADES,TR 3WO(. This OMine�an [he AW df land witMn a � °WNaWreYedda6Wne Wmen1 AnniumUm No b the Was Of COMnamfy Fadllhea Dia- 1 acknowledge that I am a principal clerk of the printer of ,2200os1 and onwedv ownere within such nuat b' mMOnsIN9 t r s»paymaM of an an. The Desert Sun, printed and published weekly in the City public aafeN seMae tax as regWred under of Palm Springs, County of Riverside, State of California. Canmumty Fadl aoemd N°'2ees.pl, The Desert Sun was adjudicated a newspaper of general CERTIFICATION circulation on March 24, 1988 by the Superior Court of the STATE OF CALIFORNIACOUNTY E1, County of Riverside, State of California Case No. CITY P�SPRINGsI sa. 191236. Pdn9s �,tl0a blerk of the Clq of Y 0en1N that Or- dlnenoe NO.18M Is a full,true and correct declare under natty of perjury that the foregoing is true PPalmSpSpringgss CftY COU aheld n b°,Nuar°yl , 2015,and adapted al a lar maofl gheld on LERK and co ct. Execute on this 14th day of March, 2015 in - the 4lN day of March,2015tlar fallowing vote; AYES: Comldlmember Foat,COuncilmember Pal prings,Califo Hukheeon,0aardlmember Mile,Mayor Pm Tom Lewin and Mayor Pougnat. NOF : Flans. ASSENT: NOns. ABSTAIN:.None. JMICRY of PaalPSON CITYlm Sp r ,CaHprms Published:3M4H5 Decl nt's Signature CITY OF PALM SPRINGS NOTIFICATION City Council Meeting Date: March 4, 2015 Subject: Ordinance No. 1872 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 March 14, 2015. 1 declare under penalty of perjury that the foregoing is true and correct. I�t-1=E 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 wes 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 March 11, 2015. 1 declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, MMC Chief Deputy City Clerk ORDINANCE NO. 1872 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY (ANNEXATION NO. 8) (DESERT PALISADES, TRACT 35540). City Attorney Summary This Ordinance annexes the area of land within a previously approved development, Annexation No. 8, to the boundaries of Community Facilities District No. 2005-1 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. 2005-01. 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. 1872 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council held on February 18, 2015, and adopted at a regular meeting held on the 4th day of March, 2015, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, Mayor Pro Tern Lewin, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. Pity THOMPSON, CITY CLERK ity of Palm Springs, California ORDINANCE NO. 1872 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY (ANNEXATION NO. 8) (DESERT PALISADES, TRACT 35540). 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 February 18, 2015, adopted a Resolution entitled "A Resolution of the City Council of the City of Palm Springs, California, Declaring the Results of Special Annexation Landowner Election, Determining Validity of Prior Proceedings, and Directing the Recording of an Amendment to Notice of Special Tax Lien." NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, DOES HEREBY ORDAIN AS FOLLOWS: 1. The foregoing recitals are true and correct. 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 Ordinance No. 1872 Page 2 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 2015-16 in the District, including the Annexation Territory, and in each fiscal year thereafter to pay for the Services for the District and all costs of administering the District. 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. 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. 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. 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 2015-16 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the City. 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. 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. Ordinance No. 1872 Page 3 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 4 h DAY OF MARCH, 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, California, do hereby certify that Ordinance No. 1872 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs Cit� Council held on February 18, 2015, and adopted at a regular meeting held on the 4t day of March, 2015, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, Mayor Pro Tern Lewin, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. JAMES THOMPSON, CITY CLERK City of Palm Springs, California