HomeMy WebLinkAbout23860 RESOLUTION NO. 23860
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 FOR CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2007-1, (PUBLIC
SAFETY SERVICES), ANNEXATION NO. 2, 18 @ TWIN
PALMS, TRACT MAP NO. 36651.
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.
2007-1 (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 AF 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. 2007-1 (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 October 24, 2007, in Book 72 at Page 36 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. 2 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. 2 of the District in the office
of the County Recorder of the County of Riverside within fifteen days of the date of
Resolution No. 23860
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. 22033
entitled "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 Special Tax Therein to Finance Certain
Services" adopted by the City Council on September 5, 2007 (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 then 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, September 2, 2015, 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. 23860
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 15T" DAY OF JULY, 2015.
DAVID H. READY, AGER
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. 23860 is a full, true and correct copy as was dull adopted at a regular
meeting of the City Council of the City of Palm Springs on the 15t day of July, 2015, by
the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills,
and Mayor Pro Tem Lewin.
NOES: None.
ABSENT: Mayor Pougnet.
ABSTAIN: None.
ES THOMPSON, CITY CLERK
City of Palm Springs, California
EXHIBIT A
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2007-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 2
18 @ TWIN PALMS, TRACT 36651
PROPOSED BOUNDARIES OF THE ANNEXATION TERRITORY
ANNEXATION MAP NO.2 OF
COMMUNITY FACILITIES DISTRICT NO.2007-1
(PUBLIC SAFETY SERVICES)
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EXHIBIT B
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2007-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 2
18 @ TWIN PALMS, TRACT 36651
TRACT MAP OF THE PROPOSED ANNEXATION TERRITORY
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EXHIBIT C
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2007-1
(PUBLIC SAFETY SERVICES)
RATE AND METHOD OF APPORTIONMENT
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2007-1
(PUBLIC SAFETY SERVICES)
RATE AND METHOD OF APPORTIONMENT
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.aov/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.
"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 151 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. 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.
"Government Land" means an area of land, or interest therein, in which the Surface
Estate is owned by the United States of America and is 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 purpose 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 used 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.
"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 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.
"Sublease" means 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 on 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 located.
"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.
"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 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. 2007-1
(Public Safety Services)
Land
Use Maximum
Class Description Special Tax
1 Developed Single- $362.24 per
Family Residence Dwelling Unit
2 Developed Multi- $305.32 per
Family Residence DwellingUnit
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.
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 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, 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
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.
EXHIBIT D
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2007-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 2
18 @ TWIN PALMS, TRACT MAP NO. 36651
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, September 2, 2015, 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. 2007-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 2
18 @ TWIN PALMS, TRACT MAP NO. 36651
On July 15, 2015, the City Council, as the legislative body for the District, 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. 2007-1 (Public Safety Services) (the "District'). The
area proposed to be annexed to the District is as shown on Annexation Map No. 2, 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.
/s/ James Thompson
City Clerk
City of Palm Springs