HomeMy WebLinkAbout24139 RESOLUTION NO. 24139
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DECLARING ITS
INTENTION TO ANNEX TERRITORY INTO A COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY
SERVICES) ANNEXATION NO. 14 (ICON, TRACT MAP
NO. 36725).
WHEREAS, under the Mello-Roos Community Facilities Act of 1982 (Sections
53311 and following, California Government Code; hereafter referred to as the "Act"),
the City Council of the City of Palm Springs (the "City") previously conducted
proceedings to establish the City of Palm Springs Community Facilities District No.
2005-1 (Public Safety Services) (the "District'); and
WHEREAS, under the Act, this City Council is the legislative body for the
proposed annexation of territory to the District and is empowered with the authority to
annex territory to the District and levy special taxes within the annexation territory; and
WHEREAS, this City Council now desires to commence proceedings to consider
the annexation of territory to the District.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
HEREBY RESOLVES, DETERMINES AND APPROVES AS FOLLOWS:
SECTION 1 . The City Council proposes to begin the proceedings necessary to
annex territory to the District pursuant to the Act.
SECTION 2. The name of the existing District is City of Palm Springs,
Community Facilities District No. 2005-1 (Public Safety Services).
SECTION 3. A general description of the territory included in the existing District
is shown on the amended boundary map recorded in the office of the County Recorder
for the County of Riverside on November 1, 2005, in Book 64 at Pages 71-77 of Maps
of Assessments and Community Facilities Districts, to which map reference is hereby
made.
SECTION 4. The territory now proposed to be annexed to the District is shown
on Annexation Map No. 14 of the District on file with the City Clerk, a copy of which is
attached hereto as Exhibit A, which Exhibit is, by this reference, incorporated herein.
The boundaries of which territory are hereby preliminarily approved and to which map
reference is hereby made for further particulars. The City Clerk is hereby directed to
record, or cause to be recorded, said Annexation Map No. 14 of the District in the office
of the County Recorder of the County of Riverside within fifteen days of the date of
Resolution No. 24139
Page 2
adoption of this Resolution. The Tract Map for the territory proposed to be annexed, is
attached in Exhibit B.
SECTION 5. The types of services to be funded by the District and pursuant to
the Act consist of those services (the "Services') described in Resolution No. 21402
entitled "A Resolution of the City Council of the City of Palm Springs, California,
Declaring its Intention to Establish Community Facilities District No. 2005-1 (Public
Safety Services) and to Authorize the Levy of Special Tax Therein to Finance Certain
Services" adopted by the City Council on September 7, 2005, (the 'Resolution of
Intention"), which Resolution of Intention is, by this reference, incorporated herein. It is
presently intended that the Services will relate to the existing territory in the District and
the territory proposed to be annexed to the District.
SECTION 6. Except to the extent that funds are otherwise available to the
District to pay for the Services, a special tax sufficient to pay the costs thereof, secured
by recordation of a continuing lien against all non-exempt real property in the District
(including the property being annexed thereto), will be levied annually within the District
and collected in the same manner as ordinary ad valorem property taxes, or in such
other manner as this City Council shall determine, including direct billing of the affected
property owners. The rate and method of apportionment of the special tax among the
parcels of real property within the District, as now in existence and following the
annexation proposed herein, in sufficient detail to allow each landowner within the
territory proposed to be annexed to the District to estimate the maximum amount such
owner will have to pay, is attached in Exhibit C.
SECTION 7. The special tax proposed to be levied for Services to be supplied
within the proposed territory to be annexed will be equal to the special taxes levied to
pay for the same Services in the District, except that a higher or lower special tax may
be levied within the proposed territory to be annexed to the extent that the actual cost of
providing the Services in that territory is higher or lower than the cost of providing those
Services in the District. Notwithstanding the foregoing, the special tax may not be
levied at a rate which is higher than the maximum special tax authorized to be levied
pursuant to the rate and method of apportionment of the special tax.
SECTION 8. Notice is given that on Wednesday, January 18, 2017, at 6:00 p.m.
or as soon thereafter as the matter may be heard, in the regular meeting place of this
City Council in the Council Chambers, at 3200 East Tahquitz Canyon Way, Palm
Springs, California, 92262, and the same are hereby appointed and fixed as the time
and place when and where this City Council, as legislative body for the District, will
conduct a public hearing on the annexation of territory to the District and consider and
finally determine whether the public interest, convenience, and necessity require said
annexation of territory to the District and the levy of said special tax therein.
SECTION 9. The City Clerk is hereby directed to cause notice of said public
hearing to be given by publication one time in a newspaper published in the area of the
District. The publication of said notice shall be completed at least seven days before the
Resolution No. 24139
Page 3
date herein set for said hearing. The notice shall be substantially in the form of Exhibit
D hereto.
SECTION 10. This Resolution shall take effect upon its adoption.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 7" DAY OF DECEMBER, 2016.
DAVID H. READY, MANAGER
ATTEST:
ZI AMES THOMPSON, CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
1, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 24139 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 December 7, 2016, by the
following vote:
AYES: Councilmember Foat, Councilmember Kors, Councilmember Roberts,
Mayor Pro Tem Mills, and Mayor Moon.
NOES: None.
ABSENT: None.
ABSTAIN: None.
to n
iES THOMPSON, CITY CLERK
City of Palm Springs, California
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Resolution No. 24139
Page 4
EXHIBIT A
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 14
"ICON", TRACT MAP NO. 36725
PROPOSED BOUNDARIES OF THE ANNEXATION TERRITORY
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Resolution No. 24139
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EXHIBIT B
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 14
"ICON", TRACT MAP NO. 36725
TRACT MAP OF THE PROPOSED ANNEXATION TERRITORY
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Resolution No. 24139
Page 8
EXHIBIT C
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
RATE AND METHOD OF APPORTIONMENT
Resolution No. 24139
Page 9
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
RATE AND METHOD OF APPORTIONMENT
A Special Tax of Community Facilities District No. 2005-1 (Public Safety Services) of the City of
Palm Springs (the "District") shall be levied on all Assessor's Parcels in the District and collected
each Fiscal Year commencing in Fiscal Year 2006-07 in an amount determined by the City
through the application of the rate and method of apportionment of the Special Tax set forth
below. All of the real property in the District, unless exempted by law or by the provisions
hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre of Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown
on the applicable final subdivision map, other final map, other parcel map, other condominium
plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder.
The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560.
"Act" means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1,
Division 2 of Title 5 of the Government Code of the State of California, as amended, which
authorizes the establishment of the District to finance: a) police protection services, and b) fire
protection and suppression services, and life safety services including but not limited to
ambulance and paramedic services.
"Administrative Expenses" means the actual or estimated costs incurred by the City as
administrator of the District to determine, levy and collect the Special Taxes, including the
proportionate amount of the salaries and benefits of City employees whose duties are directly
related to administration of the District and the fees of consultants, legal counsel, the costs of
collecting installments of the Special Taxes upon the general tax rolls, preparation of required
reports; and any other costs required to administer the District as determined by the City.
"Annual Escalation Factor" means the greater of the increase in the annual percentage change
of the All Urban Consumers Consumer Price Index (CPI) or the percent increase of salaries and
benefits for public safety employees as stated in the 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.
"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.
Resolution No. 24139
Page 10
"Base Year" means Fiscal Year ending June 30, 2007.
"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
after January 1, 2006 and prior to May 1" preceding the Fiscal Year in which the Special Tax is
being levied.
"Developed Single-Family Residence" means an Assessor's 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. 2005-1 (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.
"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 1st 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.
Resolution No. 24139
Page 11
"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 used 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 ration 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.
"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.
Resolution No. 24139
Page 12
"Taxable Property' means all of the Assessor's Parcels within the boundaries of the District and
any future annexation to the District that are not exempt from the Special Tax pursuant to law or
as defined herein.
"Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax-
Exempt Property includes: (i) Public Property, (ii) Property Owner Association Property, (iii)
Non-Residential Property, and (iv) property designated by the City or District Administrator as
Tax-Exempt Property.
"Undeveloped Property" means, for each Fiscal year, all Assessor's Parcels of Taxable Property
not classified as Developed Property or Entitled Property, including an Assessor's Parcel that is
designated as a remainder parcel and is not identified as potential Public Property by any final
documents and/or maps available to the District Administrator.
"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 property within the District shall be classified as
either Developed Property or Tax-Exempt 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 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. 2005-1
(Public Safety Services)
Land Maximum
Use Class Description Special Tax
1 Developed Single-Family $350 per Dwelling Unit
Residence
2 Developed Multi-Family
Residence $295 per Dwelling Unit
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 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.
Resolution No. 24139
Page 13
2. Entitled Property
Table 2
Maximum Special Tax for Entitled Property
Community Facilities District No. 2005-1
(Public Safety Services)
Land Use Maximum Special
Class Description Tax Per Lot
3 Entitled Property $100 per Lot
No Annual Escalation Factor shall be applied to the Maximum Special Tax per Lot for
Entitled Property.
3. Undeveloped Property
Undeveloped Property will be assigned a Maximum Special Tax Rate of $500 per
Acre or portion thereof, with a minimum rate of $100 for Undeveloped Property less
than or equal to one-fourth (114) 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 Special Tax Per
Class Description Parcel/Acre
Undeveloped Property less $100 per
4 than or equal to Y4 Acre Assessor's
Parcel
5 Undeveloped Property > '/4 $500 per Acre
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.
Resolution No. 24139
Page 14
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 tax payer that believes that the amount of the Special Tax assigned to an
Assessor's Parcel is in error may file a written notice with the District Administrator
appealing the levy of the Special Tax. This notice is required to be filed with the District
Administrator during the Fiscal Year the error is believed to have occurred. The District
Administrator or designee will then promptly review the appeal and, if necessary, meet
with the taxpayer. If the District Administrator verifies that the tax should be changed the
Special Tax Levy shall be corrected and, if applicable in any case, a refund shall be
granted.
F. EXEMPTIONS
1. Residential Property
Residential Properties which annually meet one or more of the following standards
shall be exempt from payment of the Special Tax:
a. A Residential Property consisting of one or two person(s) earning $15,300 or less
gross income per year, upon complying with procedures to establish such
exemption, or
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
Resolution No. 24139
Page 15
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, many 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.
Resolution No. 24139
Page 16
EXHIBIT D
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 14
"ICON", TRACT MAP NO. 36725
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Resolution No. 24139
Page 17
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of the City of Palm Springs will conduct a
public hearing on Wednesday, January 18, 2017, at 6:00 p.m. or as soon thereafter as the
matter may be heard, in the City Council Chambers located at 3200 East Tahquitz Canyon
Way, Palm Springs, California, 92262, to consider the following:
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 14
"ICON", TRACT MAP NO. 36725
On December 7, 2016, the City Council, as the legislative body for Community
Facilities District No. 2005-1, adopted a resolution entitled "A Resolution of the City Council of
the City of Palm Springs, California, Declaring its Intention to Annex Territory into a
Community Facilities District and to Authorize the Levy of Special Taxes" (the 'Resolution of
Intention"). Pursuant to the Resolution of Intention, the City Council determined that the public
convenience and necessity require that certain territory, as more particularly described in the
Resolution of Intention, be annexed to the existing District, all as provided in the Mello-Roos
Community Facilities Act of 1982 (Sections 53311 and following, California Government
Code) (the "Act'). Reference is hereby made to the Resolution of Intention, on file with the
City Clerk of the City for further particulars. The following is a summary of the provisions of
the Resolution of Intention.
In the Resolution of Intention, the City Council declared its intention to annex territory
into Community Facilities District No. 2005-1 (Public Safety Services) (the "District'). The
area proposed to be annexed to the District is as shown on Annexation Map No. 14, on file
with the City Clerk, and identified in Exhibit A of the Resolution of Intention. The District shall
fund police services, fire protection and suppression services, and life safety services. It is
presently intended that the services will be provided, without preference or priority, to the
existing territory in the District and the territory proposed to be annexed to the District. The
Resolution of Intention provides that the special taxes heretofore caused to be levied in the
District shall be levied in the territory proposed to be annexed, subject to public hearing and
owner consent proceedings as specified in the Act.
At the public hearing the testimony of all interested persons for and against the
annexation of said territory to the District or the levying of special taxes within the territory
proposed to be annexed will be heard. Any person interested may file a protest in writing with
the City Clerk.
Is/ James Thompson
City Clerk
City of Palm Springs