HomeMy WebLinkAbout21560 - RESOLUTIONS - 4/12/2006 RESOLUTION NO. 21560
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING BOUNDARY
MAP SHOWING TERRITORY PROPOSED TO BE
ANNEXED IN THE FUTURE TO COMMUNITY FACILITIES
DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES)
WHEREAS, the City Council of the City of Palm Springs, California, ("City Council"),
formed a Community Facilities District, designated as Community Facilities District No.
2005-1 (Public Safety Services) (hereafter referred to as "CFD No. 2005-1"), 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"); and
WHEREAS, the City Council desires to initiate proceedings to annex certain territory to
CFD No. 2005-1; and,
WHEREAS, there has been submitted a map showing the territory proposed to be
annexed to CFD No. 2005-1, said area to be designated as Community Facilities
District No. 2005-1 (Public Safety Services), Annexation No. 1 (hereafter referred to as
"Annexation No. 1").
NOW, THEREFORE, 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. Annexation Map. The map showing Annexation No. 1 and to be subject to
the levy of a special tax by CFD No. 2005-1 upon the annexation of such territory to
CFD No. 2005-1 is hereby approved and adopted. Such map is designated by the
name of "Boundary Map of Annexation No. 1 to City of Palm Springs Community
Facilities District No. 2005-1 (Public Safety Services)."
Section 3. Certificate. A certificate shall be endorsed on the original and on at least
one (1) copy of the map of Annexation No. 1, evidencing the date and adoption of this
Resolution, and within fifteen days after the adoption of the Resolution fixing the time
and place of the Public Hearing on the intention to annex Annexation No. 1 to CFD No.
2005-1, a copy of said map shall be filed with the correct and proper endorsements
thereon with County Recorder, all in the manner and form provided for Section 3111 of
the Streets and Highways Code of the State California.
Resolution No. 21560
Page 2
ADOPTED this 12th day of April, 2006.
David H. Ready, CityAerS der
ATTEST:
�7-
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, hereby certify that
Resolution No. 21560 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 April 12, 2006, by the
following vote: '
AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat and
Mayor Oden.
NOES: Councilmember McCulloch.
ABSENT: None.
ABSTAIN: None. � es Thompson, City Clerk
�Gity of Palm Springs, California
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
RATE AND METHOD OF APPORTIONMENT
A Special Tax of Community Facilities District, No. 2005-1 (Public Safety Services) of the City
of 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 condominium 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
September 7,2005 1 City of Palm Springs
Community Facilities District No. 2005-1
(Public Safety Services)
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 determined 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.
"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. '
September 7,2005 2 City of Palm Springs
Community Facilities District No. 2005-1
(Public Safety Services)
"District" means Community Facilities District No. 2005-1 (Public Safety Services) of
Ile 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 1" 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.
"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 number for
which a building permit has been issued or may be issued.
"Maximum 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 Property" 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
September 7,2005 3 City of Palm Springs
Community Facilities District No. 2005-1
• (Public Safety Services)
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, (ii) equipment,
vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) 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; (ii) pay reasonable Administrative
Expenses; (iii) 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 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, (ii) 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.
September 7,2005 4 City of Palm Springs
Community Facilities District No. 2005-1
(Public Safety Services)
"Unit" 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.
El. 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 Special Tax
Class Description Per Unit
1 Developed Single-Family $350 per Unit
Residence
2 Developed Multi-Family $295 per Unit
Residence
On each July 1 following the Base Year (i.e., July 1, 2007), the Maximum
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 Property
Community Facilities District No. 2005-1
September 7,2005 5 City of Palm Springs
Community Facilities District No. 2005-1
(Public Safety Services
(Public Safety Services)
Maximum 1
Land Use Description Special Tax
Class Per Lot
3 Entitled Property $100 per Lot
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 Services) ,
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.
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 Maximum Special Tax levied on an Assessor's Parcel shall be the ,
September 7,2005 6 City of Palm Springs
Community Facilities District No. 2005-1
(Public Safety Services)
sum of the Maximum Special Tax levies that can be imposed on all Land Use
Classes located on that Assessor's Parcel.
ID. 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 Maximum 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
September 7, 2005 7 City of Palm Springs
Community Facilities District No. 2005-1
(Public Safety Services)
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 valorem property 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 manner if necessary to meet the
financial obligations of the District or as otherwise determined appropriate by the
District Administrator,
H. 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.
September 7,2005 8 City of Palm Springs
Community Facilities District No. 2005-1
(Public Safety Services)
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