HomeMy WebLinkAbout21898 - RESOLUTIONS - 5/16/2007 ' RESOLUTION NO. 21898
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) ANNEXATION NO. 4
WHEREAS,the City Council of the City of Palm Springs, California, ("City Council'), atthis
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.
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. 4 (hereafter referred to as "Annexation No. 4")_
' WHEREAS, this legislative body now desires to proceed to adopt its Resolution of Intention
to annex Annexation No. 4 into CFD No. 2005-1, to describe the territory included within
Annexation No. 4 proposed to be annexed, to specify the services to be financed from the
proceeds of the levy of special taxes within Annexation No. 4,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. 4 into CFD No.
2005-1; and,
WHEREAS, a map showing the boundaries of Annexation No. 4 proposed to be annexed
has been submitted,which map has been previously approved and a copy of the map shall
be kept on file with the transcript of these proceedings.
NOW,THEREFORE, IT IS HEREBY RESOLVED DETERMINED AND ORDERED BY THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS:
SECTION 1 Recitals. The above recitals are all true and correct.
SECTION 2 Authorization. These proceedings for annexing Annexation No. 4 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. 4 be added to CFD No. 2005-1 in
order to pay the costs and expenses for the required and authorized new services
Resolution No. 21898
Page 2
generated from new development within the City and this City Council declares its intention
to annex Annexation No. 4 to CFD No. 2005-1.
SECTION 4 Boundaries. A general description of the boundaries of Annexation No. 4
proposed to be annexed is as follows:
All that territory proposed to be annexed to CFD No. 2005-1, as such property is
shown on a map designated as "Map of Proposed Boundaries of Community
Facilities District No. 2005-1 (Public Safety Services), Annexation No. 4," attached
hereto as Exhibit "B" and hereby incorporated by reference.
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. 4."
SECTION 6 Services Authorized to be Financed by CFD No. 2005-1, Annexation No. 4.
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. 4 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
New 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. 4. If and to the extent possible, such
services shall be provided in common within CFD No. 2005-1 and Annexation No. 4.
SECTION 7 Special 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. 4 and related incidental expenses
authorized by the Act, secured by recordation of a continuing lien against all non-exempt
real property in Annexation No. 4, will be levied annually within the boundaries of such
Annexation No.4. Forfurther 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
apportionment to allow each landowner or resident within proposed Annexation No. 4 to
clearly estimate the maximum amount that such person will have to pay.
Resolution No. 21898
Page 3
The special tax proposed to be levied within Annexation No. 4 for services to be supplied
within Annexation No. 4 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. 4 to the extent that the actual cost of providing the services in Annexation
No. 4 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. 4 to CFD No. 2005-1.
SECTION 8 Public Hearing, Notice is given that on the 20th day of June,2007 at the hour
of 6:00 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. 4 to CFD No. 2005-1, the proposed method and
apportionment of the special tax to be levied with Annexation No.4 and all other matters as
set forth in this Resolution of Intention.
At such public hearing, the testimony of all interested persons for or against the
annexation of Annexation No. 4 or the levying of special taxes within Annexation No. 4 will
be heard.
At such public hearing, protests against the proposed annexation of Annexation No. 4,the
levy of special taxes within Annexation No. 4 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 Majority 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. 4, (c) owners of one-half or more of the area of land in the territory
included in Annexation No. 4, or(d) owners of one-half or more of the area of land in the
territory included in Annexation No. 4, file written protests againstthe proposed annexation
of Annexation No. 4 to CFD No. 2005-1 in the future and such protests are not withdrawn
Resolution No. 21898
Page 4
so as to reduce the protests to less than a majority, no further proceedings shall be '
undertaken for a period of one year from the date of the decision by the City Council on the
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 16th day of May, 2007,
David H. Ready, Cit rr
ATTEST:
ames 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. 21898 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 the 16th day of May, 2007, by the
following vote:
AYES: Councilmember Mills, Mayor Pro Tern Pougnet, and Mayor Oden.
NOES: Councilmember McCulloch.
ABSENT: Councilmember Foat.
ABSTAIN: None.
dames Thompson, City Clerk
/ ,City of Palm Springs, California
Resolution No. 21898
Page 5
EXHIBIT A
' RATE AND METHOD OF APPORTIONMENT
Resolution No. 21898
Page 6
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 wanner 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 condominii-mi 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 41,560.
"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 CPT 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/dl,sr). If the
Septa» 7, 2005 1 Cuyo almSpring�
Cwmarzty paciL=District Na 2005.1
(PmRw Safay Smw)
Resolution No. 71898
Page 7
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, far which a building
permit was issued after January 1, 2006 and prior to May lst 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 '
Sepler&7, 2005 2 CuycfPa6mSpnrIT
Gmaoz2y Fa&&8 Distriu Na 2005-1
(PseUICS49tySez105)
Resolution No. 21898
Page 8
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 I 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 pen-nit 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-Farnily
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. 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.
Sep&"ixr7, 2005 3 — --City¢PohnSP*
Co ,,ty Faalit,,D,t,d Na 2005.1
(Pub&Sufay Se-;—)
Resolution No. 21898
Page 9
"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-Exenipt Property includes: (i) Public Property, (h) 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 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
I. Developed Property
TABLE 1
Maximum Special Tax for Developed Property
Community Facilities District No. 2005-1
(Public Safety Services)
Septe7itr7, 2005 4 Ci c� almSprhv
Cgmur¢tyFna &ffD,cMI LNa 2005-1
(nalcsgk$anr )
Resolution No. 21898
Page 10
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
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 the Maximum Special Tax Per Lot for Entitled
Property.
3. Undeveloped Property
Undeveloped Property will be assigned a Maximum Special Tax Rate of S500 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.
TABLE3
Maximum Special Tax for Undeveloped Property
Community Facilities District No. 2005 1
(Public Safety Services)
Septwer7,2005 5 City Palm Sprfg
Gumouty Faal tsa Dutmt N, 2005.1
(Publx Safely Senlar)
Resolution No. 21898
Page 11
Maximum
Land Use Description Special Tax '
Class Per Parcel/Acre
4 Undeveloped Property S 100 per
<1/4 Acre Assessors Parcel
Undeveloped Property
5 $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 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
Septw&7, 2005 6 Gty PaLnSPUP
CnmoatyFacrlitics DNtaaNa 2003.1
(R,HwSafetySer)r )
Resolution No. 21898
Page 12
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 515,300
or less gross income per year, upon complying with procedures to
establish such exemption, or
b. A Residential Property consisting of three persons earning S 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 alter 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.
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a msmuy FaalatiiS Dan t Na 2005.1
(Punic Safety Ser")
Resolution No. 21898
Page 13
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