HomeMy WebLinkAbout21402 - RESOLUTIONS - 9/7/2005 RESOLUTION NO. 21402
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA,
DECLARING ITS INTENTION TO ESTABLISH
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES) AND TO AUTHORIZE
THE LEVY OF A SPECIAL TAX THEREIN TO
FINANCE CERTAIN SERVICES.
WHEREAS, the CITY COUNCIL of the CITY OF PALM SPRINGS, CALIFORNIA,
(the "City Council'), has received a petition proposing to form a community
facilities district from property owners owning more than ten percent (10%) of the
property proposed to be included in the community facilities district and the City
Council desires to initiate proceedings to create a community facilities district
pursuant to the terms and provisions of 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') for the purpose of financing police services, fire
protection and suppression services, and life safety services. This community
facilities district shall hereinafter be referred to as City of Palm Springs Community
Facilities District No. 2005-1 (Public Safety Services) (the "District'); and,
WHEREAS, this City Council is now required to proceed to adopt its Resolution of
Intention to initiate the proceedings for the establishment of such District, to set
forth the boundaries for such District, to indicate the type of public services to be
financed by such District, to indicate a rate and method of apportionment of
special taxes proposed to be levied sufficient to finance such services, to set a
time and place for a public hearing relating to the establishment of such District.
WHEREAS, a map of such District has been submitted showing the boundaries of
the territory proposed to be included in the District which territory includes the
properties and parcels of land proposed to be subject to the levy of a special tax
by the District
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. Recitals. The above recitals are all true and correct.
SECTION 2. Initiation of Proceedings. These proceedings are initiated by this City
Council pursuant to the provisions of the Act.
SECTION 3. Boundaries of District. It is the intention of this City Council to
establish the District pursuant to the provisions of the Act, and to determine the
boundaries and parcels on which special taxes may be levied to finance certain
services. A description of the boundaries of the territory proposed for inclusion in
Resolution No. 21402
Page 2
the District including properties and parcels of land proposed to be subject to the
levy of a special tax by the District is as shown on the boundary map designated
as "PROPOSED BOUNDARIES OF CITY OF PALM SPRINGS COMMUNITY
FACILITIES DISTRICT NO, 2005-1 (PUBLIC SAFETY SERVICES), attached
hereto as Exhibit "A" and hereby incorporated by reference.
SECTION 4. Name of District. The proposed community facilities district shall be
known and designated as "City of Palm Springs Community Facilities District No.
2005-1 (Public Safety Services)."
SECTION 5. Description of Services. It is the intention of this City Council to
finance certain services that are in addition to those provided in or required for the
territory within the District and will not be replacing services already available. A
general description of the services to be provided is as follows:
Police services, fire protection and suppression services, and life
safety services (the "Services") of the City of Palm Springs required
to sustain the service delivery capability for emergency and non-
emergency services to new growth areas of the City of Palm Springs,
including but not limited to, equipment, vehicles, ambulances and
paramedics, fire apparatus, services, supplies and personnel;
provided, however, that any increases in special taxes for costs
related to employee wages and benefits shall be limited as provided
in the Rate and Method of Apportionment of the Special Taxes to
fund such Services.
SECTION 6. Special Tax. It is hereby further proposed that, except where funds
are otherwise available, a special tax sufficient to pay for such services and
related incidental expenses authorized by the Act, secured by recordation of a
continuing lien against all non-exempt real property in the District, will be levied
annually within the boundaries of the District. Under no circumstances will the
special tax authorized to be levied within the District be increased as a
consequence of delinquency or default by the owner of any other parcel or parcels
used for private residential purposes and located within the District by more than
10 percent. For further particulars as to the rate and method of apportionment of
the special tax proposed to be levied within the District, reference is made to the
attached and incorporated Exhibit "B", which sets forth in sufficient detail the
method of apportionment to allow each landowner or resident within the District to
clearly estimate the maximum amount that such person will have to pay for such
services.
The special taxes herein authorized, to the extent possible, shall be collected in
the same manner as ad valorem property taxes and shall be subject to the same
penalties, procedure, sale and lien priority in any case of delinquency as
Resolution No. 21402
Page 3
applicable for ad valorem taxes. Any special taxes that may not be collected on
the County tax roll shall be collected through a direct billing procedure by the
j Treasurer.
SECTION 7. Public Hearing. Notice is given that on the 19th day of October,
2005, at the hour of 6 o'clock p.m., in the regular meeting place of the City Council
being the Council Chambers, located at 3200 E. Tahquitz Canyon Way, Palm
Springs, California 92262, a public hearing will be held where this City Council will
consider the establishment of the proposed District, the proposed rate and method
of apportionment of the special taxes proposed to be levied, and all other matters
as set forth in this resolution of intention. At the above-mentioned time and place
for public hearing any persons interested, including taxpayers and property owners
may appear and be heard. The testimony of all interested persons for or against
the establishment of the District, the extent of the District, or the furnishing of the
services, will be heard and considered. Any protests may be made orally or in
writing. However, any protests pertaining to the regularity or sufficiency of the
proceedings shall be in writing and clearly set forth the irregularities and defects to
which the objection is made. All written protests shall be filed with the City Clerk of
the City Council on or before the time fixed for the public hearing. Written protests
may be withdrawn in writing at any time before the conclusion of the public
hearing.
e If a written majority protest against the establishment of the District is filed, the
proceedings shall be abandoned. If such majority protest is limited to certain
services or portions of the special tax, those services or that tax shall be
eliminated by the City Council.
SECTION 8. Election. If, following the public hearing described in the Section
above, the City Council determines to establish the District and proposes to levy a
special tax within the District, the City Council shall then submit the levy of the
special taxes to the qualified electors of the District. If at least twelve (12)
persons, who need not necessarily be the same twelve (12) persons, have been
registered to vote within the District for each of the ninety (90) days preceding the
close of the public hearing, the vote shall be by registered voters of the District,
with each voter having one (1) vote. Otherwise, the vote shall be by the
landowners of the District who were the owners of record at the close of the
subject hearing, with each landowners or the authorized representative thereof,
having one (1) vote for each acre or portion of an acre of land owned within the
District.
The elections shall be conducted by the City Clerk, and shall be held on a date
selected by the City Council in conformance with the provisions of Section 53326
of the California Government Code and pursuant to the provisions of the California
Elections Code governing elections of cities, insofar as they may be applicable,
and pursuant to said Section 53326 the ballots for the election shall be distributed
to the qualified electors of the District by mail with return postage prepaid or by
Resolution No. 21402
Page 4
personal service, and the special elections shall be conducted as a mail ballot ,
election.
A successful election relating to the special tax authorization shall, as applicable,
establish and/or change the appropriations limit as authorized by Article XIIIB of
the California Constitution as it is applicable to this District.
SECTION 9. Notice. Notice of the time and place of the public hearing shall be
given by the City Clerk by causing a Notice of Public Hearing to be published in
the legally designated newspaper of general circulation, such publication pursuant
to Section 6061 of the Government Code, with such publication to be completed at
least seven (7) days prior to the date set for the public hearing. In addition, notice
of the time and place of said hearing shall also be given by first-class mail to each
registered voter and to each landowner within the proposed District as prescribed
by Section 53322.4 of said Code. Said notice shall be published at least seven (7)
days and mailed at least fifteen (15) days before the date of the hearing, and shall
contain the information required by said Section 53322.
SECTION 10. Exempt Properties. Pursuant to Section 53340 of the California
Government Code, properties of entities of the state, federal, and local
governments not subject to a leasehold interest shall be exempt from the levy of
special taxes for the financing of the Services of the proposed District.
SECTION 11. Necessity. The City Council finds that the proposed public services ,
described in Section 5 hereof are necessary to meet increased demands placed
upon the City as a result of new development occurring within the boundaries of
the proposed District.
SECTION 12. Annexation of Territory. Other property within the boundaries of the
City may be annexed into the District upon the condition that parcels within that
territory may be annexed only with the unanimous approval of the owner or
owners of each parcel at the time that parcel or those parcels are annexed.
ADOPTED this 7th day of September, 2005.
David H. Ready, City ger
ATTEST:
ir
�� es Thompson, City Clerk ,
I
i
I CERTIFICATION
I STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
j CITY OF PALM SPRINGS )
1, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 21402 is a full, true and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Springs on September 7,
2005, by the following vote:
AYES: Members Foat, Mills, Pougnet
NOES: Mayor Pro Tern McCulloch
ABSENT: Mayor Oden
ABSTAIN: None
��r nes Thompson, City Clerk
ty of Palm Springs, California
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SHE 3 }' � OF CAUFORNIA,WAS API By WE CITY COUNCIL OF THE CITY OF PALM SPINNGR AT
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RILED THIS DAY OF_ 2005. AT THE HOUR OF
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COUNTY RECORDER D
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHORN ON THIS MAP SHALL
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MAPS FOR THOSE PARCELS LISTED
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Exhibit B
CITY OF PALM SPRINGS
I COMMUNITY FACILITIES DISTRICT NO. 2005.1
i (PUBLIC SAFETY SERVICES)
RATE AND METHOD OF APPORTIONMENT
I A Special Tax of Community Facilities District No. 2005-1 (Public Safety Services) of the City of
j Palm Springs (the "District") shall be levied on all Assessor's Parcels in the District and collected
each Fiscal Year commencing in Fiscal Year 2006-07 in an amount determined by the City through
the application of the rate and method of apportionment of the Special Tax set forth below. All of
the real property in the District, unless exempted by law or by the provisions hereof, shall be taxed
for the purposes,to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area
shown on the applicable final subdivision map, other final map, other parcel map, other
condominiturr plan, or functionally equivalent map or instrument recorded in the Office of
the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage
multiplied by 43,560.
"Act" means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1,
Division 2 of Title 5 of the Government Code of the State of California, as amended, which
authorizes the establishment of the District to finance: a) police protection services, and b)
fire protection and suppression services, and life safety services including but not limited to
ambulance and paramedic services.
"Administrative Expenses" means the actual or estimated costs incurred by the City as
administrator of the District to determine, levy and collect the Special Taxes, including the
proportionate amount of the salaries and benefits of City employees whose duties are
directly related to administration of the District and the fees of consultants, legal counsel,the
costs of collecting installments of the Special Taxes upon the general tax rolls, preparation of
required reports; and any other costs required to administer the District as determined by the
City.
"Annual Escalation Factor" means the greater of the increase in the annual percentage
change of the All Urban Consumers Consumer Price Index (CPI) or the percent increase of
salaries and benefits for public safety employees as stated in the Memorandum of
Understanding for the fiscal year of the Special Tax. The annual CPI used shall be for the
area of Los Angeles-Riverside-Orange County, CA as reflected in the then-current April
update. The annual CPI used shall be as determned by the United States Department of
Labor, Bureau of Labor Statistics, and may be obtained through the California Division of
Labor Statistics and Research (www.dir.ca.gov/dlsr). If the foregoing index is not available,
the CFD Administrator shall select a reasonably comparable index.
S pte 7,2005 1 City ofpdmSpnngs
Cbmmn� yFaaitieDistndNa 2005-1
(Pula'u Safety Sa E)
Exhibit B
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned assessor's parcel number. '
"Assessor's Parcel Map" means an official map of the Assessor of the County designating
parcels by assessor's parcel number.
"Base Year" means Fiscal Year ending June 30,2007.
"City" means the City of Palm Springs.
"Council" means the City Council of the City of Palm Springs, acting as the legislative body
of the District.
"County" means the County of Riverside, California.
"Developed Multi-Family Residence" means all Assessor's Parcels of Developed
Property for which a building permit has been issued for purposes of constructing a
residential structure consisting of two or more residential units that share common walls,
including, but not limited to, duplexes, triplexes, town homes, condominiums, and
apartment units.
"Developed Property" means all Taxable Property, exclusive of Property Owner
Association Property, Non-Residential Property, or Public Property, for which a building
permit was issued after January 1, 2006 and prior to May 1st preceding the Fiscal Year in ,
which the Special Tax is being levied.
"Developed Single-Family Residence" means all Assessors' Parcels of Developed
Property for which a building permit(s) has been issued for purposes of constructing one
single-family residential dwelling unit.
"District Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and providing for the levy and collection of the
Special Taxes.
"District" means Community Facilities District No. 2005-1 (Public Safety Services) of the
City of Palm Springs.
"Entitled Property" means an Assessor's Parcel and/or Lot in the District, which has a
Final Map recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is
being levied, but for which no building permit has been issued prior to the May V preceding
the Fiscal Year in which the Special Tax is being levied. The term "Entitled Property' shall
apply only to Assessors' Parcels and/or Lots, which have been subdivided for the purpose
of residential development, excluding any Assessor's Parcel that is designated as a remainder
parcel determined by final documents and/or maps available to the District Administrator.
"Final Map" means an Assessor's Parcel Map, a final subdivision map, other parcel map, '
other final map, other condominium plan, or functionally equivalent map that has been
recorded in the Office of the County Recorder.
Sepodxr7, 2005 2 Cky Palm Sprirr3s
Caivrsrraiy Fact a District Na 2005-1
(Pu&'ic Safety Seri)
Exhibit B
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
' "Land Use Class" means any of the classes listed in Table 1.
"Lot" means property within a recorded Final Map identified by a lot munber for which a
building permit has been issued or maybe issued.
"Maximrun Special Tax" means the maximum Special Tax, determined in accordance
with Section C below that can be levied in the District in any Fiscal Year on any Assessor's
Parcel.
"Non-Residential Property" means all Assessors' Parcels for which a building permit(s)
has been issued for a non-residential use and does not contain any residential units as
defined under Developed Single Family Residence or Developed Multi-Family Residence.
"Property Owner Association Properly" means any property within the boundaries of the
District that is owned by, or irrevocably dedicated as indicated in an instrument recorded
with the County Recorder to a property owner association, including any master or sub-
association.
"Proportionately" means in a manner such that the ratio of the actual Special Tax levy to
the Maximum Special Tax is equal for all Assessor's Parcels within each Land Use Class.
"Public Property" means any property within the boundaries of the District that is, at the
time of the District formation or at the time of an annexation, expected to be used for
rights-of-way, parks, schools or any other public purpose and is owned by or irrevocably
offered for dedication to the federal government, the State,the County,the City or any other
public agency.
"Public Safety Service Costs" means the estimated and reasonable costs of providing
police services and fire protection and suppression services and life safety services, including
but not limited to (i) the costs of contracting services, (ir) equipment, vehicles, arnbtilances
and paramedics, fire apparatus, supplies, (in) the salaries and benefits of City staff that
directly provide police services and fire protection and suppression services and life safety
services, respectively, and (iv) City overhead costs associated with providing such services
within the District. On each July 1 following the Base Year the increases attributed to
salaries and benefits shall be calculated and limited to the increase based on the Annual
Escalation Factor. The Special Tax provides only partial funding for police, fire and life
safety services.
"Special Tax" means the Special Tax to be levied in each Fiscal Year on each Assessor's
Parcel of Taxable Property to fund the Special Tax Requirement, and shall include Special
Taxes levied or to be levied under Sections C and D, below.
"Special Tax Requirement" means that amount required in any Fiscal Year for the
District to: (i) pay for Public Safety Service Costs; (ir) pay reasonable Administrative
Expenses; (in) pay any amounts required to establish or replenish any reserve funds; and (iv)
' pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for
SeporAr7,2005 3 City cfPalmSprings
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(PuNk Safety Sereis)
Exhibit B
Special Taxes levied in the previous Fiscal Year, less any surplus of funds available from the
previous Fiscal Year's Special Tax levy. '
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of the
District and any future annexation to the District that are not exempt from the Special Tax
pursuant to law or as defined herein.
"Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax-
Exempt Property includes: (i) Public Property, (ir) Property Owner Association Property, (iii)
Non-Residential Property, and (iv) property designated by the City or District Administrator
as Tax-Exempt Property.
"Undeveloped Property" means,for each Fiscal Year, all Assessor's Parcels of
Taxable Property not classified as Developed Property or Entitled Property, including an
Assessor's Parcel that is designated as a remainder parcel and is not identified as potential
Public Property by any final documents and/or maps available to the District Administrator.
"Urut" means any separate residential dwelling unit in which a person or persons may live,
which comprises an independent facility capable of conveyance separate from adjacent
residential dwelling units and is not considered to be for commercial or industrial use.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all Taxable Property within the District shall be
classified as Developed Property, Entitled Property, or Undeveloped Property. Developed Property
shall be further classified as Developed Single-Family Residence or Developed Multi-Family
Residence. Commencing with the Base Year and for each subsequent Fiscal Year, all Taxable
Property shall be subject to Special Taxes pursuant to Sections C and D below.
C. MAXIMUM SPECIAL TAX RATE
1. Developed Property
TABLE 1
Maximum Special Tax for Developed Property
Community Facilities District No.2005-1
(Public Safety Services)
Maximum
Land Use Description Special Tax
Class P Per Unit
1 Developed Single-Family $350 per Unit
Residence
2 Developed Multi-Family $295 per Unit
Residence ,
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Exhibit B
On each July 1 following the Base Year (i.e.,July 1, 2007),the Maximmn Special Tax
Rates in Table 1 shall be increased in accordance with the Annual Escalation Factor.
Once the Maximum Special Tax Per Unit is equal to $500 per Unit, no further
Annual Escalation Factor shall be applied and the Maximum Special Tax Per Unit
shall not exceed$500.
2. Entitled Property
TABLE 2
Maximum Special Tax for Entitled Properly
Community Facilities District No. 2005-1
(Public Safety Services)
Maximum
Land Use Description Special Tax
Class Per Lot
3 Entitled Property $100 per Lot
I I
No Annual Escalation Factor shall be applied to the Maximum Special Tax Per Lot for Entitled
Property.
3. Undeveloped Property
Undeveloped Property will be assigned a Maximum Special Tax Rate of $500 per
acre or portion thereof, with a minimum rate of$100 for Undeveloped Property less
than or equal to one-forth (1/4) of an Acre as described in Table 3.
TABLE 3
Maximum Special Tax for Undeveloped Property
Community Facilities District No. 2005-1
(Public Safety$ervices)
� I I
Maximum
Land Use Description Special Tax
Class Per Parcel/Acre
4 Undeveloped Property $100 per
=1/4 Acre Assessors Parcel
5 Undeveloped Property $500 per Acre
>1/4 Acre
' No Annual Escalation Factor shall be applied to the Maximum Special Tax Per Parcel/Acre
for Undeveloped Property.
S,pzrder7, 2005 5 C1'tyqf'PalmSp w
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Exhibit B
4. Tax-Exempt Property
No Special Tax shall be levied on Tax-Exempt Property.
5. Multiple Land Use Classes
In some instances an Assessor's Parcel may contain more than one Land Use Class.
The Maxunum Special Tax levied on an Assessor's Parcel shall be the sum of the
Maximurn Special Tax levies that can be imposed on all Land Use Classes located on
that Assessor's Parcel.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2006-07, and for each subsequent Fiscal Year, the District
Administrator shall calculate the Special Tax Requirement based on the definitions in
Section A and levy the Special Tax as follows until the amount of the Special Tax levied
equals the Special Tax Requirement.First,the Special Tax shall be levied each Fiscal Year on
each Assessor's Parcel of Developed Property Proportionately between Developed Single-
Family Residence and Developed Multi-Family Residence up to 100% of the applicable
Maximum Special Tax. Second, if the Special Tax Requirement has not been satisfied by the
first step, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of
Entitled Property up to 100% of the applicable Maximum Special Tax for Entitled Property.
Lastly, if the first two steps have not satisfied the Special Tax Requirement,then the Special
Tax shall be levied each Fiscal Year on each Assessor's Parcel of Undeveloped Property up
to 100% of the applicable Maxirnurn Special Tax for Undeveloped Property.
E. APPEALS
Any taxpayer that believes that the amount of the Special Tax assigned to an Assessor's
Parcel is in error may file a written notice with the District Administrator appealing the levy
of the Special Tax. This notice is required to be filed with the District Administrator during
the Fiscal Year the error is believed to have occurred. The District Administrator or designee
will then promptly review the appeal and, if necessary, meet with the taxpayer. If the
District Administrator verifies that the tax should be changed the Special Tax levy shall be
corrected and, if applicable in any case, a refund shall be granted.
F. EXEMPTIONS
1. Residential Property
Residential Properties which annually meet one or more of the following standards
shall be exempt from payment of the Special Tax:
a. A Residential Property consisting of one or two person(s) earning $15,300 or
less gross income per year, upon complying with procedures to establish
such exemption, or
SepwrAr7,2005 6 Giy cfPalmSpnw
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(Pu&'ze Safety SmimJ
Exhibit B
b. A Residential Property consisting of three persons earning $17,900 or less
gross income per year, upon complying with procedures to establish such
exemption, or
C. A Residential Property which qualifies for either the Low Income Rate
Assistance (LIRA) exemption for electrical or gas services or the Lifeline
exemption for telephone services.
The City is authorized and directed to promulgate administrative rules and procedures for
verification of eligibility for the exemptions referred to in section F.
G. MANNER OF COLLECTION
Special Tax as levied pursuant to Section D above shall be collected in the same manner and
at the same time as ordinary ad w1orem properly taxes; provided, however, that the District
Administrator may directly bill the Special Tax, may collect Special Taxes at a different time
or in a different mariner if necessary to meet the financial obligations of the District or as
otherwise determined appropriate by the District Admn-iistrator,
IH. TERM OF SPECIAL TAX
Every five years after the establishment of the District, the City Council may reexamine, if
deemed necessary by City Council, the necessity of the continuance of the Special Tax
through the preparation of a Fiscal Impact Analysis, otherwise the Special Tax shall be levied
in perpetuity.
Sepor&r7,2005 7 ayq Aa—ImSpr*
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