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HomeMy WebLinkAbout21733 - RESOLUTIONS - 10/4/2006RESOLUTION NO. 21733 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES). WHEREAS, the City Council of the City of Palm Springs, California, ("City Council'), at this time desires to authorize the annexation of 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 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, CFD No. 2005-1 was formed to finance Public Safety Services in addition to those provided in or required for the territory within the CFD No. 2005-1 and will not be replacing services already available; and, WHEREAS, certain territory is proposed to be annexed to CFD No. 2005-1 and such territory shall be known and designated as Community Facilities District No. 2005-1 (Public Safety Services), Annexation No. 2 (hereafter referred to as "Annexation No. 2"); and, WHEREAS, this legislative body now desires to proceed to adopt its Resolution of Intention to annex Annexation No. 2 into CFD No. 2005-1, to describe the territory included within Annexation No. 2 proposed to be annexed, to specify the services to be financed from the proceeds of the levy of special taxes within Annexation No. 2, to set and specify the special taxes that would be levied within the territory to finance such services, and to set a time and place for a public hearing relating to the annexation of Annexation No. 2 into CFD No. 2005-1; and, WHEREAS, a map showing the boundaries of Annexation No. 2 proposed to be annexed has been submitted, which map has been previously approved and a copy ofthe map shall be kept on file with the transcript of these proceedings. 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 Authorization. These proceedings for annexing Annexation No. 2 into CFD No. 2005-1 are authorized and initiated by this legislative body pursuant to the authorization of the Act. SECTION 3 Intention to Annex. This legislative body hereby determines that the public convenience and necessity requires that Annexation No. 2 be added to CFD No. 2005-1 in order to pay the costs and expenses for the required and authorized new services Resolution No. 21733 Page 2 generated from new development within the City and this City Council declares its intention to annex Annexation No. 2 to CFD No. 2006-1. SECTION 4 Boundaries. A general description of the boundaries of Annexation No. 2 proposed to be annexed is as follows: All that territory proposed to be annexed to CFD No. 2006-1, as such property is shown on a map as previously approved by this legislative body, such map designated by the number of the annexation and the name of the existing district, a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. SECTION 5 Name of District. The name of the district is "City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services)" and the designation for the territory to be annexed shall be "City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services), Annexation No. 2." SECTION 6 Services Authorized to be Financed by CFD No_ 2005-1, Annexation No. 2. The services that are authorized to be financed by CFD No. 2005-1 are certain services which are in addition to those provided in or required for the territory within CFD No. 2005-1 and Annexation No. 2 and will not be replacing services already available. A general description of the services to be financed by CFD No. 2005 1 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. The same types of services that are authorized to be financed by CFD No. 2005-1 are the types of services to be provided in Annexation No. 2. If and to the extent possible, such services shall be provided in common within CFD No. 2005-1 and Annexation No. 2. SECTION 7 Soecial Taxes. It is the further intention of this City Council body that, except where funds are otherwise available, a special tax sufficient to pay for such services to be provided in CFD No. 2005-1 and Annexation No. 2 and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in Annexation No. 2, will be levied annually within the boundaries of such Annexation No. 2. For further particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit A (the , "Rate and Method of Apportionment"), which sets forth in sufficient detail the method of 2 Resolution No. 21733 Page 3 apportionment to allow each landowner or resident within proposed Annexation No. 2 to 1 clearly estimate the maximum amount that such person will have to pay. The special tax proposed to be levied within Annexation No. 2 for services to be supplied within Annexation No. 2 shall be equal to the special tax levied to pay for the same services in CFD No. 2005-1, except that a higher or lower special tax may be levied within Annexation No. 2 to the extent that the actual cost of providing the services in Annexation No. 2 is higher or lower than the cost of providing those services in CFD No. 2005-1. Notwithstanding the foregoing, the special tax may not be levied at a rate that is higher then the maximum special tax authorized to be levied pursuant to the Rate and Method of Apportionment. 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 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 Treasurer. The maximum special tax rate in CFD No. 2005-1 shall not be increased as a result of the annexation of Annexation No. 2 to CFD No. 2005-1. SECTION 8 Public Hearing. Notice is given that on the 15t' day of November, 2006 at the hour of U0 p.m., in the regular meeting place of the City Council being the Council Chambers, located at 3200 East Tahquitz Canyon Way, Palm Springs, California, 92262, a public hearing will be held where this City Council will consider the authorization for the annexation of Annexation No. 2 to CFD No. 2005-1, the proposed method and apportionment of the special tax to be levied with Annexation No. 2 and all other matters as set forth in this Resolution of Intention. At such public hearing, the testimony of all interested persons fororagainstthe annexation of Annexation No. 2 or the levying of special taxes within Annexation No. 2 will be heard. At such public hearing, protests against the proposed annexation of Annexation No. 2, the Levy of special taxes within Annexation No. 2 or any other proposals contained in this resolution may be made orally by any interested person. Any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularities or defects to which objection is made. All written protests shall be filed with the City Clerk prior to the time fixed for the public hearing. Written protests may be withdrawn at any time before the conclusion of the public hearing. SECTION 9 Maiority Protest. If (a) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within CFD No. 2005-1, (b) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within Annexation No. 2, (c) owners of one-half or more of the area of land in the territory included in Annexation No. 2, or (d) owners of one-half or more of the area of land in the territory included in Annexation No. 2, file written protests against the proposed annexation of Annexation No. 2 to CFD No. 2005-1 in the future and such protests are not withdrawn 3 Resolution No. 21733 Page 4 so as to reduce the protests to less than a majority, no further proceedings shall be undertaken fora period of one year from the date of the decision by the City Council on the I issued discussed at the public hearing. SECTION 10 Notice. Notice of the time and place of the public hearing shall be given by the City Clerk by publication in the legally designated newspaper of general circulation, said publication pursuant to Section 6061 of the Government Code, with said publication to be completed at least seven (7) days prior to the date set for the public hearing. ADOPTED this 4th day of October, 2006. ATTEST: ,da(nes Thompson, City Clerk David H. Re9d'y, G' anager CERTIFICATION I 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. 21733 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 October4, 2006, bythe following vote: AYES: Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. NOES: Councilmember McCulloch. ABSENT: Councilmember Mills ABSTAIN: None. a' es Thompson, City Clerk v/11 6ity of Palm Springs, California 1 EXkiIA CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO.2005-1 (PUBLIC SAFETY SERVICES) RATE AND METHOD OF APPORTIONMENT A Special 'fax of Community Facilities District No. 2005-1 (Public Safety Services) of the City of Palm Springs (the "District") shall he 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 snap, 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 safely 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 slated 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 CPl 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 Schten:Ger 7. 2005 ao, of PGGI1.Sj�rngr Camnnur o, Fallid'es Disinet Na. 2005-7 (Pablx Snjety S.mal) 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, 200T "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 Properly, for which a building permit was issued after January 1, 2006 and prior to May I st 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 I" 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 Scpfrmbc 7. 2005 Ci), r f Pdlm Springy CognnnnaDf Fd:ilifies DaNa No. 2005•1 (Deblk Sfno, Serrims) I I 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 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 Ott each July 1 following the Base Ycar 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. Sgvembrr i, 2005 3 — - Go'If PalmSpnngs Cnnrmruury Fu rlrnes D(rfrsct No. 2005 1 (P-15h, S fe4 Smrres) "Special Tax" means the Special Tax to be levied in each Fiscal Year on each Assessor's I Parcel of Taxable Property to fund the Special Tax Requirement, and shall include Special 'faxes 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 Properly" 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 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) ' Sep71mber 7, 2005 9 cty ufPak' Sprinsr CammnnrtyForrktees D.,,rtnet No. 2005-1 (Pab4ir S-f o, Sennces) n Maximum Land Use Description Special Tax Class Per Unit I Developed Single -Family $350 per Unit Residence 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 I shall be increased in accordance with the Annual Escalation Factor. Once the Maximum Special Tax Per Unit is equal to 5500 per Unit, no further Annual Escalation Factor shal I 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 the Maximum Special Tax Per Lot for Entitled Property. 3. Undeveloped Property 3epteoiber 7, 2005 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) 5 Croy of Palm Sinv Cnmmnni7�� I:r,r/rdrr D-strirt No. 2005-1 (Prrblie.S%!y Semuer� Maximum ' Land Use Description Special Tax Class Per Parcel/Acre 4 Undeveloped Property $100 per <114 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-Excmpt Property No Special 'Fax 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 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 TFTF 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 Properly 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 September 7, 2005 J G CID, of Palm Springs ' Commm zi , FaRiiies District No. 2005-1 (Pnbkc SafeD, Smices) 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 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. K 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 Tar shall be levied in perpetuity. Sep6ember 7, -005 % Ci�' of P-hv Springy Conmr:mitr Faafie er Duzaa No- 2005-1 (PAOr S.%sty Semv es)