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HomeMy WebLinkAbout22033 - RESOLUTIONS - 9/5/2007 RESOLUTION NO. 22033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES) TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE CERTAIN SERVICES. WHEREAS, the City Council of the City of Palm Springs, California, (the "City Council'), has received a petition proposing to form a community facilities district from landowners owning more than ten percent (10%) of the property proposed to be included in the community facilities district and the City Council desires to initiate proceedings to create a community facilities district pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Park 1, Division 2, Title 5 of the Government Code of the State of California, as amended (the "Act"), for the purpose of financing public safety services. This community facilities district shall hereinafter be referred to as City of Palm Springs Community Facilities District No. 2007-1 (Public Safety Services) (the "District"); and, WHEREAS, this City Council is now required to proceed to adopt its Resolution of ' Intention to initiate the proceedings for the establishment of such District, to set forth the boundaries for such District, to indicate the type of services to be financed by such District, to indicate a rate and method of apportionment of special taxes proposed to be levied sufficient to finance such services, and to set a time and place for a public hearing relating to the establishment of such District. WHEREAS, a map of such District has been submitted showing the boundaries of the territory proposed to be included in the District which territory includes the properties, parcels of land, and leasehold interests associated with said parcels, which are proposed to be subject to the levy of a special tax by the District. 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 Initiation of Proceedings. These proceedings are initiated by this City Council pursuant to the provisions of the Act. SECTION 3 Boundaries of District. It is the intention of this City Council to establish the District pursuant to the provisions of the Act, and to determine the boundaries, ' parcels and leasehold interests on which special taxes may be levied to finance certain services. A description of the boundaries of the territory proposed for inclusion in the District including properties, parcels of land and leasehold interests proposed to be Resolution No.22033 Page 2 ' subject to the levy of a special tax by the District is as shown on the boundary map designated as "Proposed Boundaries of City of Palm Springs Community Facilities District No. 2007-1 (Public Safety Services)," attached hereto as Exhibit A and hereby incorporated by reference. SECTION 4 Name of District. The proposed community facilities district shall be known and designated as "City of Palm Springs Community Facilities District No. 2007- 1 (Public Safety Services)." SECTION 5 Description of Services. It is the intention of this City Council to finance certain services that are in addition to those provided in or required for the territory within the District and will not be replacing services already available. A general description of the services to be provided is as follows: 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. SECTION 6 Special Tax. It is hereby further proposed that, except where funds are otherwise available, a special tax sufficient to pay for such services and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in the District, will be levied annually within the boundaries of the District. Under no circumstances will the special tax authorized to be levied within the District be increased as a consequence of delinquency or default by the owner of any other parcel or surface estate for private residential purposes and located within the District by more than 10 percent. For further particulars as to the rate and method of apportionment of the special tax proposed to be levied within the District, reference is made to the attached and incorporated Exhibit B, which sets forth in sufficient detail the method of apportionment to allow each owner, resident or Lessee within the District to clearly estimate the maximum amount that such person will have to pay for such services. The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as 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. Resolution No.22033 Page 3 ' SECTION 7 Public Hearing. Notice is given that on the 17th day of October, 2007, at the hour of 6 o'clock p.m., in the regular meeting place of the City Council being the Council Chambers, located at 3200 East Tahquitz Canyon Way, Palm Springs, California, 92262, a public hearing will be held where this City Council will consider the establishment of the proposed District, the proposed rate and method of apportionment of the special taxes proposed to be levied, and all other matters as set forth in this resolution of intention. At the above-mentioned time and place for public hearing any persons interested, including but not limited to taxpayers and property owners, may appear and be heard. The testimony of all interested persons for or against the establishment of the District, the extent of the District, or the furnishing of the services, will be heard and considered. Any protests may be made orally or in writing. However, any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and clearly set forth the irregularities and defects to which the objection is made. All written protests shall be filed with the City Clerk of the City Council on or before the time fixed for the public hearing. Written protests may be withdrawn in writing at any time prior to the conclusion of the public hearing. If a written majority protest against the establishment of the District is filed, the proceedings shall be abandoned. If such majority protest is limited to certain services or portions of the special tax, those services or that tax may be eliminated by the City Council. ' SECTION 8 Election. If, following the public hearing described in the Section above, the City Council determines to establish the District and proposes to levy a special tax within the District, the City Council shall then submit the levy of the special taxes to the qualified electors of the District. If at least twelve (12) persons, who need not necessarily be the same twelve (12) persons, have been registered to vote within the District for each of the ninety (90) days preceding the close of the public hearing, the vote shall be by registered voters of the District, with each voter having one (1) vote. Otherwise, the vote shall be by the landowners of the District who were the owners of record at the close of the subject hearing, with each landowner or the authorized representative thereof, having one (1) vote for each acre or portion of an acre of land owned within the District. The elections shall be conducted by the City Clerk, and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the California Government Code and pursuant to the provisions of the California Elections Code governing elections of cities, insofar as they may be applicable, and pursuant to said Section 53326 the ballots for the election shall be distributed to the qualified electors of the District by mail with return postage prepaid or by personal service, and the special election shall be conducted as a mail ballot election. A successful election relating to the special tax authorization shall, as applicable, ' establish andlor change the appropriations limit as authorized by Article XIIIB of the California Constitution as it is applicable to this District. Resolution No.22033 Page 4 ' SECTION 9 Notice. Notice of the time and place of the public hearing shall be given by the City Clerk by causing a Notice of Public Hearing to be published in the legally designated newspaper of general circulation, such publication pursuant to Section 6061 of the Government Code, with such publication to be completed at least seven (7) days prior to the date set for the public hearing. In addition, notice of the time and place of said hearing shall also be given by first-class mail to the qualified electors within the proposed District as prescribed by Section 53322.4 of said Code. Said notice shall be mailed at least fifteen (15) days before the date of the hearing, and shall contain the information required by said Section 53322, SECTION 10 Exempt Properties. Pursuant to Section 53340 of the California Government Code, properties of entities of the state, federal, and local governments not subject to a leasehold interest shall be exempt from the levy of special taxes for the financing of the Services of the proposed District. Property owned by the Redevelopment Agency of the City of Palm Springs shall not be exempt from the levy of special taxes. SECTION 11 Necessity. The City Council finds that the proposed public safety services described in Section 5 hereof are necessary to meet increased demands placed upon the City as a result of new development occurring within the boundaries of the proposed District. ' ADOPTED THIS 51h day of September, 2007. David H. Ready, C�I�anager ATTEST: ?Met Thompson, City Clerk 1 Resolution No.22033 Page 5 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. 22033 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 5th day of September, 2007, by the following vote: AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern Pougnet, and Mayor Oden, NOES: Councilmember McCulloch. ABSENT: None. ABSTAIN: None. es Thompson, City Clerk ity of Palm Springs, California Resolution No. 22033 Page 6 EXHIBIT A BOUNDARY MAP Resolution No. 22033 Page 7 MAP OF PROPOSED BOUNDARIES OF shy- 1 of z COMMUNITY FACILITIES DISTRICT NO.2007-T [PUBLIC SAFETY SERVICES] CIFICFFII smms 0.Wf CGNVEA510E SiRTEOFGLNRIU 'R6�SE6nEG1Y[a_�9(wTE p.Y[i P.w�'FIM3r� T�1 W 9m wl6 �. ryrx[emry nu .�mm vus�orxi 'al! M`RiCgS W.Ml.ifKNE1A`ll.f.'114 Y�II.I OIKC VhIY M.�R`L W. Pa • '3P+If;tAI.T[f 0.1RC�gr�iE6[LannilhV AA1Rm Q{.my[ n£CrtNN`L p.1�E vrc6PN Viw[W� Rn�AM YFEIP/� T�F,IInpMTE�WY[F ,_ Wi RESt w.ro _ nrnEkzno- oaa�_xnm[w [. w:e-`"rn:zsauan�x'srsric��.i[ss ruiiw`w•ten_ jn.+iwU w•rw�. - —mas.��. f H f V E a�wYum�_ • ����[ree11E�� ttua }ry[cs o11�9 WFM�os Av 0 r,wxna 3 � � 9 6e !F'G-NU I j p 6 S� BVJAlVRr OO MSESW ussssasrtn� I a MunlFinanczal Resolution No. 22033 Page 8 MAP OF PROPOSED BO UNDAM ES OF SHE z OF z COMMUNITY FACILITIES DISTRICT NO.2007•1 (PUBLIC SAFETY SERVICES) LCLRTlQ'N11'E15i➢E SIATECF GWFOpNN Ir TUM.11N.i un AuSST lIII 45RW munou i a O I 3 , LMENO '!J—LJ �� nsmcr roinaaar O Asss�rvr ni,wa e � 3 T�, 3 M_un�IFinancial A-2 Resolution No. 22033 Page 9 EXHI13IT B RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX Resolution No. 22033 Page10 RATE AND METHOD OF APPORTIONMENT CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES) A Special Tax of Community Facilities District No. 2007-1 (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 2008-09 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: "Act" means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California, as amended, which authorizes the establishment of the District to finance: a) police protection services, and b) fire protection and suppression services, and life safety services including but not limited to ambulance and paramedic services. "Administrative Expenses" means the actual or estimated costs incurred by the City as administrator of the District to determine, levy and collect the Special Taxes, including the proportionate amount of the salaries and benefits of City employees whose duties are directly related to administration of the District, and the fees of consultants, legal counsel, the costs of collecting installments of the Special Taxes upon the general tax rolls, preparation of required reports, and any other costs required to administer the District as determined by the City. "Annual Escalation Factor" means the greater of the increase in the annual percentage change of the All Urban Consumers Consumer Price Index (CPI) or the percent increase of salaries and benefits for public safety employees as stated in the Memorandum of Understanding for the fiscal year of the Special Tax_ The annual CPI used shall be for the area of Los Angeles-Riverside- Orange County, CA as reflected in the then-current April update. The annual CPI used shall be as 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 District Administrator shall select a reasonably comparable index. Resolution No. 22033 Page 11 "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, 2008. "BIA" means the Bureau of Indian Affairs within the Department of the Interior and any tribe acting on behalf of the BIA. "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 an Assessor's Parcel of Developed Property for which a building permit has been issued for purposes of constructing a residential structure consisting of more than one residential Dwelling Unit which 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 prior to May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Developed Single-Family Residence" means an Assessors' Parcel 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. 2007-1 (Public Safety Services) of the City of Palm Springs. "Dwelling Unit" means any separate residential unit in which a person or persons may live, which includes provisions for sleeping, cooking and sanitation, and is not considered to be for commercial or industrial use. ' "Fiscal Year" means the period starting July 1 and ending on the following June 30. 8-1 Uy cfPahnSp* Cwm,*Faah,W D,t,d Na 2007-1 (Pad XSafetysmicO Resolution No.22033 Page 12 ' Government Land" means an area of land, or interest therein, in which the Surface Estate is owned by the United States of America and administered by the BIA. "Indian Land" means an area of land in which Interest in the Surface Estate is owned by a tribe or individual Indian, including but not limited to Government Land or Tribal Land. "Interest" means an ownership right to the Surface Estate of Indian Land that may be unlimited or uncertain in duration. "Land Use Class" means any of the classes listed in Table 1. "Lease" means a written agreement between the Government or Indian landowner(s) and the Lessee, whereby the Lessee is granted a right to possession of Government or Indian Land, for a specified purpose and duration. "Leasehold Interest" means the Lessee's independent and exclusive right to possession of, or claim to, the property under the terms and conditions specified in the Lease or Sublease. For purposes of this definition, Leasehold Interest is also referred to as possessory interest within the County. ' "Lessee" means a person or entity who has acquired a legal right of possession to Indian Land by a Lease or Permit as defined in Section A, for which said person or entity holds a possessory interest in the property. For purposes of this definition, the Lessee may also be referred to as the tenant. "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 which is classified as either a Single-Family Residence or a Multi-Family Residence as defined in Section A. "Non-Residential Property" means an Assessors' Parcel for which a building permit(s) has been issued for a non-residential use and does not contain any residential Dwelling Units as defined in Section A. "Permit" means a written agreement between the Indian Landowner(s) and the applicant for the permit, also referred to as a permittee, whereby the permittee is granted a revocable privilege to use Indian Land or Government Land, for a specified purpose. "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. B•3 CkygrPdbns CwTmazu yFadbDzDNt=Na2007-1 (Publx S4ky Sepias) Resolution No. 22033 Page 13 "Proportionately" means in a manner such that the ratio of the actual Special Tax levied to the Maximum Special Tax is equal for all Assessor's Parcels within classified as Developed Property. "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. 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 Developed 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; less any surplus of funds available from the previous Fiscal Year's Special Tax levy. "State" means the State of California. "Sublease" means a written agreement by which the Lessee grants to an individual or entity a right to possession no greater than that held by the Lessee under the Lease. "Surface Estate" means ownership of the surface of a particular area of land by any person or persons who holds record title to the surface of the land, and which is identified by the ownership records of the County in which the real property is situated. ' "Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax-Exempt Property includes: (i) Public Property, (ii) Property Owner a-4 City cfPabnSpnV Qrrn aityFaiii Dis r No 2007-1 (PUL&Slay SMM5) Resolution No. 22033 Page 14 Association Property, (iii) Non-Residential Property, and (iv) property designated by the City or District Administrator as Tax-Exempt Property. "Tribal land" means the Surface Estate of land or any interest therein held by the United States of America in trust for a tribe, band, community, group or pueblo of Indians, and land that is held by a tribe, band, community, group or pueblo of Indians, subject to federal restrictions against alienation or encumbrance, and includes such land reserved for BIA administrative purposes when it is not immediately needed for such purposes. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year using the definitions above, all property within the District shall be classified as either Developed Property or Tax-Exempt Property. Developed Property shall be further classified as either a Developed Single Family Residence or a Developed Multi-Family Residence. Commencing with the Base Year and for each subsequent Fiscal Year, all Developed 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. 2007-1 (Public Safety Services) Land Use Description Maximum Special Tax Class 1 Developed Single-Family Residence $362.24 per Dwelling Unit 2 Developed Multi-Family Residence $305.32 per Dwelling Unit On each July 1 following the Base Year (i.e., July 1, 2008), the Maximum Special Tax Rates in Table 1 shall be increased in accordance with the Annual Escalation Factor. Once the Maximum Special Tax per Dwelling Unit is equal to $500 per Dwelling Unit, no further Annual Escalation Factor shall be applied and the Maximum Special Tax per Dwelling Unit shall not exceed $500, 1 B-5 Qy cf PPabnSpnv Cam omyFaalth&D&trid Na 2007-1 (11uiH c S4ky Serms) Resolution No. 22033 Page Is 2. Tax-Exempt Property ' No Special Tax shall be levied on Tax-Exempt Property. 3. 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 2008-09, 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 upon each Dwelling Unit of the Leasehold Interest (also known as the "possessory interest") as follows, until the amount of the Special Tax levied equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year upon the Leasehold Interest of each Assessor's Parcel of Developed Property Proportionately between Developed Single-Family Residential Dwelling Units and Developed Multi-Family Residential Dwelling Units up to 100% of the applicable Maximum Special Tax. ' 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, an adjustment shall be made. F. EXEMPTIONS 1. Assessor Parcels classified as Developed Property Developed 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) collectively 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 collectively earning $17,900 or less gross income per year, upon complying with procedures to establish such exemption, or B-6 QycfPaln SP74 C'ir r Faa7ida Dist=Nn 2007-I (PsW*CS4kySe zCW Resolution No. 22033 Page 16 ' 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 The 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. 1 B-7 QycfPabnS CamwmyFad1ZffDin>iaNa 2007-I (RUWXSa0'YS0V*