HomeMy WebLinkAbout21579 - RESOLUTIONS - 5/17/2006 RESOLUTION NO. 21579
1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AUTHORIZING THE
ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES
DISTRICT NO. 2005-1 AND AUTHORIZING THE LEVY OF A
SPECIAL TAX AND SUBMITTING THE LEVY OF TAX TO
THE QUALIFIED ELECTORS.
WHEREAS, this Council, on April 12, 2006, adopted Resolution No. 21559 (hereafter
referred to as the "Resolution of Intention") stating its intention to annex territory to City of
Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) (hereafter
referred to as "CFD No. 2005-1"), pursuant to the Mello-Roos Community Facilities Act of
1982, as amended (hereafter referred to as the "Act');
WHEREAS, a copy of the Resolution of Intention, which states the authorized services to
be provided and financed by CFD No. 2005-1, and a description and map of the proposed
boundaries of the territory to be annexed to CFD No. 2005-1 ("Annexation No. 1"), is on file
with the City Clerk and the provisions thereof are fully incorporated herein by this reference
as if fully set forth herein;
WHEREAS, on the 17th of May, 2006, this Council held a noticed public hearing as
required by the Act and the Resolution of Intention relative to the proposed annexation of
territory to CFD No, 2005-1;
WHEREAS, at said hearing all interested persons desiring to be heard on all matters
pertaining to the annexation of territory to CFD No. 2005-1 and the levy of said special
taxes within the area proposed to be annexed were heard and a full and fair hearing was
held;
WHEREAS, prior to the time fixed for said hearing, written protests had not been filed
against the proposed annexation of territory to CFD No. 2005-1 by (i) 50% or more of the
registered voters, or six registered voters, whichever is more, residing in CFD No. 2005-1,
or (ii) 50% or more of the registered voters, or six registered, whichever is more, residing in
the territory proposed to be annexed to CFD No. 2005-1, or (iii) owners of one-half or more
of the area of land in the territory proposed to be annexed to CFD No. 2005-1; and
WHEREAS, a boundary map for Annexation No. 1 to CFD No. 2005-1 has been filed with
the County Recorder of the County of Riverside, which map shows the territory to be
annexed in these proceedings, and a copy thereof is on file with the City Clerk.
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.
Resolution No. 21579
Page 2
SECTION 2 Authorization All prior proceedings taken by this Council with respect to CFD
No. 2005-1 and the proposed annexation of territory thereto have been duly considered '
and are hereby determined to be valid and in conformity with the Act.
SECTION 3 Boundaries The description and map of the boundaries of the territory to be
annexed to CFD No. 2005-1, on file with the City Clerk are hereby finally approved, are
incorporated herein by reference, and shall be included within the boundaries of CFD No.
2005-1, and said territory is hereby annexed to CFD No. 2005-1, subject to voter approval
of the levy of the special taxes therein as hereinafter provided.
SECTION 4 Services The services which CFD No. 2005-1 is authorized to finance are in
addition to those provided in or required for the territory within CFD No. 2005-1 and the
territory to be annexed to CFD No. 2005-1 and will not be replacing services already
available. A general description of the services to be financed is as follows:
PUBLIC SAFETY SERVICES
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 5 Special Taxes It is the intention of this legislative body that, except where
funds are otherwise available, a special tax sufficient to pay for said services to be
provided in CFD No. 2005-1 and the territory proposed to be annexed as part of
Annexation No. 1, secured by recordation of a continuing lien against all non-exempt real
property in Annexation No. 1, will be levied annually within the boundaries of Annexation
No. 1 from and after the annexation of such property to CFD No. 2005-1. The special
taxes shall be those as originally authorized through the formation of CFD No. 2005-1 and
adopted by Ordinance of this legislative body, and no changes or modifications are
proposed in the special taxes from those as originally set forth and made applicable to
CFD No. 2005-1.
For particulars as to the rate and method of apportionment of the proposed special tax (the
"RMA"), reference is made to the attached and incorporated Exhibit "A," which sets forth in
sufficient detail the method of apportionment to allow each landowner or resident within the
Annexation No. 1 to clearly estimate the maximum annual amount that said person will
have to pay on said special tax.
SECTION 6 Election The provisions of the Resolution of Intention of the City each as
heretofore adopted by this Council are by this reference incorporated herein, as if fully set
forth herein.
(a) Pursuant to the provisions of the Act, the proposition of the levy of the special r
tax within Annexation No. 1 shall be submitted to the voters within Annexation No. 1
Resolution No. 21579
Page 3
at an election called therefore as hereinafter provided. This Council hereby finds
that fewer than 12 persons have been registered to vote within Annexation No. 1 for
each of the 90 days preceding the close of the hearing heretofore conducted and
concluded by this Council for the purposes of these annexation proceedings.
Accordingly, and pursuant to Section 53326 of the Act, this Council finds that for
purposes of these proceedings the qualified electors are the landowners within
Annexation No. 1 and that the vote shall be by said landowners, each having one
vote for each acre or each acre or portion thereof such landowner owns in
Annexation No. 1.
(b) Pursuant to Section 53326 of the Act, the election shall be conducted by mail
ballot under section 1340 of the California Elections Code. The Council called a
special election to consider the measures described and incorporated as Exhibit
"B," which election was held on May 17, 2006 (hereafter referred to as "Election
Day"). The City Clerk was the election official to conduct the election and provided
each landowner in the territory to be annexed to CFD No. 2005-1, a ballot in the
form of Exhibit "B", which form is hereby approved. The City Clerk has accepted the
ballots of the qualified electors received prior to 6:00 o'clock p.m. on Election Day,
whether received by mail or by personal delivery.
(c) This Council hereby further finds that the provision of Section 53326 of the
Act requiring a minimum of 90 days to elapse before said election is for the
protection of voters, that the voters have waived such requirement and the date for
the election hereinabove specified is established accordingly.
ADOPTED this 17th day of May 2006.
C—.�_ 3
David H. Rea y—ity"Manager
ATTEST:
Joi es Thompson, City Clerk
y
Resolution No. 21579
Page 4
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. 21579 is a full, true and correct copy as was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on May 17, 2006, by the following
vote:
AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat and
Mayor Oden
NOES: Councilmember McCulloch
ABSENT: None
ABSTAIN: See Minutes of this meeting for abstentions.
Imes Thompson, City Clerk
City 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 appnrrinnmrnt 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 Assessors 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 Tide 5 of the Government Code of die 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 die 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 determined by die 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.
September 7,2005 1 0 ,of Palm Springs
Community Failities District No.2005-1
(Public Safety Services)
"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 perrnit(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 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. '
S ptember 7,2005 2 City Of Pak,Springs
Com8ni ity Facilities District No. 2003-1
(Public Safgy Seivices)
"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 Filial 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 pern-it(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
widi the County Recorder to a property owner association, including any master or sub-
association.
"Proportionately" means in a manner such that die ratio of the actual Special Tax levy to
die Maximum Special Tax is equal for all Assessor's Parcels widen 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, (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
widiin 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
September 7,2005 3 Cary of Palm Sp-ngs
Comneunit5,Faceliker Di ldallo.2005-1
(Public Safely Seruiol)
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, (n) 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.
"Unit" means any separate residential dwelling Lunt 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 Per Unit
1 Developed Single-Family $350 per Unit
Residence
2 Developed Multi-Family $$295 per Unit
Residence
September 7,2005 4 Go ofPabu Springs '
Cowwinity Facilxises District No.2005-1
(Public Safety Smires
On each July 1 following the Base Year (i.e.,July 1, 2007), the Maximum Special Tax
Rates in Table 1 shall be increased in accordance with the Annual Escalation Factor.
Once the Maximum Special Tax Per Unit is equal to $$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
(Public Safety Services)
Maximum
Land Use Description Special Tax
Class Per Lot
3 Entitled Property $100 per Lot
No Annual Escalation Factor shall be applied to die 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
<_l/4 Acre Assessors Parcel
5 Undeveloped Property $500 per Acre
>1/4 Acre
Septetnbev 7,2005 5 City of Palix Springs
Com minty Facilities District No. 2005-1
(Public Safety Semites)
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 Usc Class.
The Maximum Special Tax levied on an Assessor's Parcel shall be the sum of the
Maximum 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 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:
September 7,2005 6 City of Palm Springy '
Community Faakhes Di.rtrutNo.2005-1
(Public Safety Sovice.r)
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
b. A Residential Property consisting of three persons earning 9,$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 he levied
in perpetuity.
Septembers 7,2005 7 Cite of Palm Spiigs
Commfmit5,Farilaies District No. 2005-1
(Public Safi,Serncey)
04 pALM
V N
A A
I
cptrFC7RN�P
OFFICIAL BALLOT
SPECIAL ELECTION
City of Palm Springs
Community Facilities District No. 2005-1 (Public Safety Services),
Annexation No. 1
This ballot is for a special landowner election. You must return this ballot in the enclosed
postage paid envelope to the office of the City Clerk of the City of Patin Springs no later than 6:00
p.m. on May 17,2006, either by mail or in person. The City Clerk's office is located at 3200 East
Tahquitz Canyon Way,Palm Springs, California, 92262.
To vote,mark a cross (]q in the voting square after the word"YES" or after the word
"NO". All distinguishing marks otherwise made are forbidden and make the ballot void.
If you wrongly mark,tear, or deface this ballot, return it to the City Clerk of the City of Palm
Springs and obtain another.
PROPOSITION A: Shall special taxes be levied annually on taxable property
within Annexation No. 1 of the City of Patin Springs Community Facilities District ❑Yes
No. 2005-1 (Public Safety Services), County of Riverside, State of California ("the
District"), so long as the special taxes are needed to pay for additional police
protection services, and fire protection and suppression services therein and to pay ❑ No
expenses incidental thereto and to the levy and collection of the special taxes at the
special tax rates and pursuant to the method of apportioning the special taxes set
forth in Exhibit "B" to the Resolution of Intention adopted by the City Council of
the City of Patin Springs on April 5, 2006?
PROPOSITION B: Shall an appropriations lun t, as defined by subdivision (h) of ❑Yes
Section 8 of Article XIIIB of the Califoxn a Constitution,be established for
Annexation No. 1 to City of Palm Springs Community Facilities District No. 2005-1
(Public Safety Services), County of Riverside, State of California,in the amount of ❑ No
$115,500,000?
Number of votes:
Property Owner: '
By: