HomeMy WebLinkAbout23855 RESOLUTION NO. 23855
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. 2005-1, (PUBLIC
SAFETY SERVICES), ANNEXATION NO. 9, VIBRANTE,
TRACT MAP NO. 32736.
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 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. 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. 9 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. 9 of the District in the office
of the County Recorder of the County of Riverside within fifteen days of the date of
Resolution No. 23855
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) 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, 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. 23855
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 15TH DAY OF JULY, 2015.
DAVID H. READY, C AGER
ATTEST:
Z,JAMES 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. 23855 is a full, true and correct copy as was dul adopted at a regular
meeting of the City Council of the City of Palm Springs on the 15� 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
oy 1,�2015
EXHIBIT A
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 9
VIBRANTE, TRACT 32736
PROPOSED BOUNDARIES OF THE ANNEXATION TERRITORY
ANNEXATION MAP NO.9 OF
COMMUNITY FACILITIES DISTRICT NO.2005.1
(PUSUC SAFETY SERVICES)
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EXHIBIT B
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 9
VIBRANTE, TRACT 32736
TRACT MAP OF THE PROPOSED ANNEXATION TERRITORY
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EXHIBIT C
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
RATE AND METHOD OF APPORTIONMENT
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/dls[).
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, 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 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. 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 Vt 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 15t
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.
"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.
"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 Descri tion Special Tax
1 Developed Single-Family $350 per Dwelling Unit
Residence
2 Developed Multi-Family $295 per Dwelling 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 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. Entitled Property
Table 2
Maximum Special Tax for Entitled Property
Community Facilities District No. 2005-1
(Public Safety Services)
Maximum
Land Use Special Tax Per
Class Description 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 (1/4) of an Acre as described in
Table 3.
Table 3
Maximum Special Tax for Undeveloped Property
Community Facilities District No. 2005-1
Public Safety Services
Maximum
Special Tax
Land Use Per
Class Description Parcel/Acre
Undeveloped Property less $100 per
4 than or equal to %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.
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
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. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 9
VIBRANTE, TRACT MAP NO. 32736
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. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 9
VIBRANTE, TRACT MAP NO. 32736
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. 2005-1 (Public Safety Services) (the
"District'). The area proposed to be annexed to the District is as shown on Annexation
Map No. 9, 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