City Council Special Meeting

City of Desert Hot Springs AGENDA SPECIAL MEETING OF THE CITY COUNCIL Tuesday, August 23, 2022 4:00 PM - Closed Session Watch the 4:30 PM - Open Session Meeting Live: Council Chambers/City Hall • YouTube 11-999 Palm Drive • City Website Desert Hot Springs, California, 92240 Page CLOSED SESSION - 4:00 P.M. CALL TO ORDER ROLL CALL PUBLIC COMMENTS At this time, item(s) on the Closed Session agenda may be discussed during Public Comments. PLEASE STATE YOUR NAME FOR THE RECORD. CLOSED SESSION: 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8: Property: APNs 661-20-9014, 661-30-2027, 661-31-3007, 661-32-1037 Agency Negotiator: Luke Rainey, City Manager Jennifer Mizrahi, City Attorney Negotiating Parties: County of Riverside and the City of Desert Hot Springs Under Negotiation: Price and Terms 2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of Case: City of Desert Hot Springs v. Yeh Dynasty Entertainment, LLC et seq; Superior Court- Riverside; Case No. CVPS2104940 RECESS OPEN SESSION - 4:30 P.M. CALL TO ORDER ROLL CALL Page 1 of 11  PLEDGE OF ALLEGIANCE CITY ATTORNEY REPORT ON CLOSED SESSION PUBLIC COMMENTS At Special Meetings, public comments are considered under the agenda item. PLEASE STATE YOUR NAME AND CITY OF RESIDENCE FOR THE RECORD. All comments are to be directed to the City Council and shall be devoid of any personal attacks. Members of the public are expected to maintain a professional, courteous decorum during public comments. ADMINISTRATIVE CALENDAR: 3. Resolution to Purchase the Rancho Del Oro Landscape Maintenance 3 - 11 District Tax-Default Parcels Nicholas Haecker, Public Works Director Recommendation: Adopt a Resolution of the City Council: 1) declaring its objections to the public sale of parcels 661-29-2014, 661-30-2027, 661-31-3007, 661-32- 1037; and 2) declaring its intent to purchase parcels 661-29-2014, 661- 30-2027, 661-31-3007, 661-32-1037 for the price determined with Section 3793.1 of the California Revenue and Taxation Code and the Riverside County Office of the Treasure-Tax Collector policy number 98-1, in the amount of $14,091.97. Staff Report - SR-22-198 - Pdf ADJOURN ________________________________________________________________________________________ NOTICES In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the Office of the City Clerk at City Hall during normal business hours at 11999 Palm Drive, Desert Hot Springs, CA 92240. If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda at 11999 Palm Drive, Desert Hot Springs, CA 92240. Americans with Disabilities Act In an effort to comply with the requirements of Title 2 of the Americans with Disabilities Act of 1990, the City of Desert Hot Springs requires that any person in need of any type of special equipment, assistance, or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting to enable the City to make reasonable arrangements. Page 2 of 11  City of Desert Hot Springs City Council AGENDA ITEM REPORT To: City Council Date: August 23, 2022 Department: Public Works Prepared by: Nicholas Haecker, Public Works Director Subject: Resolution to Purchase the Rancho Del Oro Landscape Maintenance District Tax-Default Parcels RECOMMENDATION: Adopt a Resolution of the City Council: 1) declaring its objections to the public sale of parcels 661-29- 2014, 661-30-2027, 661-31-3007, 661-32-1037; and 2) declaring its intent to purchase parcels 661-29- 2014, 661-30-2027, 661-31-3007, 661-32-1037 for the price determined with Section 3793.1 of the California Revenue and Taxation Code and the Riverside County Office of the Treasure-Tax Collector policy number 98-1, in the amount of $14,091.97. BACKGROUND: On January 21, 2020 the property owners within the Rancho Del Oro development voted in support of Annexation No. 18, Zone 19 (Rancho Del Oro) Landscaping and Lighting Maintenance District No. 2. When the vote of support passed, parcel numbers 661-29-2014, 661-30-2027, 661-31-3007, 661-32- 1037, were tax-defaulted properties and were not available for acquisition. These parcels are the perimeter lots of the Rancho Del Oro development. These parcels are part of the Rancho Del Oro Landscaping and Lighting Maintenance District No. 2. DISCUSSION: On August 16, 2022, Staff received notification from the County of Riverside Treasurer – Tax Collector that the four parcels that make up the Rancho Del Oro LMD are available for purchase. In order for the City to purchase the parcels, County of Riverside Treasurer – Tax Collector requires the resolution to include: 1) City Council stating that the City objects to the public sale of the four parcels; and 2) City Council stating the offer to purchase the properties. The Resolution is required to be submitted to the Riverside Treasurer – Tax Collector before September 1, 2022. Properties scheduled to be sold at public auction will not be removed from the public auction tax sale unless the Resolution has been received by September 1, 2022. FISCAL IMPACT: Funding for the purchase of parcel numbers: 661-29-2014, 661-30-2027, 661-31-3007, and 661-30- 2027 will be through the Rancho Del Oro Landscape Maintenance District funding number 520-4266- 4347. SR-22-198 Item Number: 3. Page 3 of 11  ATTACHMENTS: Exhibit 1 - Rancho Del Oro Parcel Map Exhibit 2 - Resolution- Purchase Lots for Rancho Del Oro Exhibit 2A - County of Riverside Treasurer Tax Collector Notice SR-22-198 Item Number: 3. Page 4 of 11 Item Number: 3. Page 5 of 11  RESOLUTION NO. ___ A RESOLUTION OF THE CITY COUNCILOF THE CITY OF DESERT HOT SPRINGS, CALIFORNIA, 1) OBJECTING TO PUBLIC SALE OF THE PROPERTIES LISTED IN THIS RESOLUTION AND 2) OFFERING TO PURCHASE THE PROPERTIES LISTED IN THIS RESOLUTION VIA A CHAPTER 8 AGREEMENT TO PURCHASE TAX-DEFAULTED PROPERTY WHEREAS, the City of Desert Hot Springs (“City”) is a charter city; and WHEREAS, on August 16, 2022, the City received a letter from the County of Riverside Treasurer- Tax Collector stating that certain properties within the Rancho del Oro development are up for tax sale; and WHEREAS, a copy of the letter is attached hereto as Exhibit A (“Letter”); and WHEREAS, those properties are as follows: (”Subject Properties”); and WHEREAS, the City can and desires to purchase the Subject Properties via a Chapter 8 Agreement to purchase tax-defaulted properties for the minimum purchase prices, as in the previous recital; and WHEREAS, in accordance with the Letter, the City desires to object to the public sale of the Subject Properties; and WHEREAS, further in accordance with the Letter, the City desires to offer to purchase the Subject Properties, which offer includes the purchase price of each parcel, their legal descriptions, APN’s and the specific public purpose for each parcel; and WHEREAS, further in accordance with the Letter, the City desires that the costs of giving notice shall be paid by the City of Desert Hot Springs, a municipal corporation; and Item Number: 3. Page 6 of 11  WHEREAS, the City Council deems that this Resolution is in the best interest of the City’s public health, safety and welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. That the Recitals set forth above are true and correct and are hereby incorporated herein by this reference. Section 2. The City Council resolves that following. a. That on August 16, 2022, the City received a letter from the County of Riverside Treasurer- Tax Collector stating that certain properties within the Rancho del Oro development are up for tax sale. Those properties are as follows: b. That the City desires to purchase the Subject Properties via a Chapter 8 Agreement to purchase tax-defaulted properties for the minimum purchase prices as in this Resolution. c. That the City desires to object to the public sale of the Subject Properties. d. That the City offers to purchase the Subject Properties as follows: APN Legal Description Public Purpose Price 661209014 For parkway $2,896.10 landscaping and beautification 661302027 For parkway $8,155.85 landscaping and beautification 661313007 For parkway $3,040.02 landscaping and beautification 661321037 For parkway Redeemed Item Number: 3. Page 7 of 11  landscaping and beautification TOTAL = $14,091.97 e. That the City shall pay for the costs of giving notice. f. That the City Manager is hereby designated and directed to negotiate and execute any and all documents to consummate the purchase of the Subject Properties. Section 3. Certification. That the Clerk shall certify to the passage and adoption of this resolution, enter the same in the book of original resolutions of the City and make a minute of passage and adoption thereof in the records of the proceedings of the City Council in the minutes of the meeting at which the same is passed and adopted. Section 4. Severability. That if any provision, section, paragraph, sentence, or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words of this Resolution as hereby adopted shall remain in full force and effect. Section 5. Repeal of Conflicting Provisions. That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed. Section 6. Effective Date. That this Resolution shall take effect upon its adoption. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Item Number: 3. Page 8 of 11  PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on the day of August 2022 by the following vote: AYES: NAYS: ABSENT: ABSTAINING: ATTEST: APPROVED: _________________________________ _____________________ City Clerk Scott Matas, Mayor APPROVED AS TO FORM: _________________________________ Jennifer A. Mizrahi, City Attorney Item Number: 3. Page 9 of 11  MATTHEW JENNINGS County of Riverside Treasurer - Tax Collector Giovane Pizano Melissa Johnson Assistant Treasurer Assistant Tax Collector August 16, 2022 City of Desert Hot Springs Attn: Nicholas Haecker 11999 Palm Drive Desert Hot Springs, CA 92240 Re: Tax Defaulted Properties Dear Mr. Haecker: We are in receipt of your inquiry regarding acquiring tax—defaultedproperty. The below referenced taxedefaulted parcels may be acquired by City of Desert Hot Springs, a municipal Corporation under a Chapter 8 Agreement to Purchase Tax-Defaulted Property for the minimum purchase price as follows: PIN Purchase Price 661292014 $2,896.10 661302027 $8,155.85 661313007 $3,040.02 661321037 REDEEMED Total $14,091.97 These purchase prices were determined in keeping with Section 3793 1 of the California Revenue and Taxation Code and the Riverside County Office of the Treasurer-Tax Collector policy number 98-1 . You may also purchase these parcels through the Chapter 7 Auction. Property taxes may be applied to parcels that are outside of City of Desert Hot Springs, a municipal Corporation purchasing boundaries. Please verify with your legal council that these parcels are within your purchasing boundaries. In order for City of Desert Hot Springs, a municipal Corporation to enter into an Agreement to Purchase these parcels, we would need a Resolution from your City Council stating that the City obiectsto the public sale of the above listed parce|(s). The Resolution should show an offer to purchase the properties, including the purchase prices, legal descriptions, Assessor's 9 digit parcel numbers, and the specific public purpose forwhich each parcel is to be devoted. Itshould also include a statement thatthe costs of giving notice shall be paid by City of Desert Hot Springs, a municipal Corporation. in addition to the Resolution, the State now requires a separate Mission Statement to be submitted as part of the Agreement. This must be on official letterhead. Notice of the Agreement to Purchase Tax—Defau|ted Property must be given. Pursuant to Section 3799 of the California Revenue and Taxation Code, the Tax Collector shall make reasonable efforts to ascertain the identity and address of parties of interest. Notifications of the pending sale to the parties of interest must be sent by registered mail and/or certified mail. Also, in compliance with the California Revenue and Taxation Code 3800, the cost of giving notice shall be paid by City of Desert Hot Springs, a municipal Corporation. Notice of the Agreement to Purchase Tax-Defaulted Property willalso be published in The Desertsun newspaperin accordance with Section 3798 of the California Revenue and Taxation Code. Should the Agreement to Purchase be nullified after the first publication, the City of Desert Hot Springs, a municipal Corporation would still be responsible forthe publication costs incurred. We would appreciate receiving the Resolution to purchase these properties from your City Council by September 1 ,2022 to ensure that we have time to review the Resolution for any changes required and to pull the property from the tax sale, if needed. It would be advisable to contact our office and confirm that the Resolution has been received. Properties scheduled to be sold at public auction will not be removed from the public auction tax sale unless yourResolution has been received in ouroflice no later than September 1, 2022. Once the Resolution has been received by our office, an Agreement to Purchase Tax-Defaulted Property will be prepared and sent to you for signing. Once you have signed and returned the Agreement to us, we will obtain authorization from our Board of Supervisors and from the State Controller. Upon authorization by the State Controller's Office, we will proceed by setting the effective date of the Agreement, ordering title reports, preparing the certified mailing to all parties of interest and the 3 week published notification in the newspaper. Once these steps have been completed and if the property has not been redeemed or removed for legal reasons, correspondence will be sent to you requesting that payment be sent within 14 days ofthe effective date of the Agreement, Should payment not be received within the time allowed the Agreement would be void. 4080 Lemon Street, 4'“ Floor ‘k P.(). Box 12005 vz Riverside, CA 92502 WW W,CUlIlll) |'rcti.s\iicr.oI‘g 1- (951) 955-3900 ‘I: 11877) 748vZ689 it FAX (951) 955-3923 Item Number: 3. Page 10 of 11 City of Desert Hot Springs Page Two August 16, 2022 if your City Council decides against offering to purchase any of the above listed parcel(s), we would appreciate a letter stating that fact in order to close our file on the matter. Should you elect not to purchase through a Chapter 8 Agreement, the law does not restrict you from bidding on the property at public auction. If you have any further questions regarding this matter. please feel free to contact me. Sincerely, Paola Vertiz Tax Sale Operations 951-955-3264 4080 Lemon Street, 47" Floor t P.O. Box 12005 i: Riverside, CA 92502 WWW.C0un\yTreasurer.org 1- (951)955-3900 * l(877) 748-2689 1- FAX (95|} 955-3923 Item Number: 3. Page 11 of 11