HomeMy WebLinkAbout23702 RESOLUTION NO. 23702
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, DECLARING ITS
INTENTION TO AUTHORIZE THE ANNEXATION OF
TERRITORY TO COMMUNITY FACILITIES DISTRICT NO.
2005-1 [ PUBLIC SAFETY SERVICES] AND TO
AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN
ANNEXATION NO 6.
ANNEXATION NO. 6
WHEREAS, the City Council of the City of Palm Springs, California, (the "City
Council') at this time desires to authorize the annexation of territory to City of Palm
Springs Community Facilities District No. 2005-1 (Public Safety Services) (the "CFD
No. 2005-1") pursuant to the terms and provisions of the "Mello-Roos Community
Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the
Government Code of the State of California (the "Act'); and
WHEREAS, CFD No. 2005-1 was formed to finance Public Safety Services in
addition to those provided in or required for the territory within the CFD No. 2005-1
and will not be replacing services already available; and
WHEREAS, certain territory is proposed to be annexed to CFD No. 2005-1 and
such territory shall be known and designated as Community Facilities District No.
2005-1 (Public Safety Services), Annexation No. 6 (hereafter referred to as
"Annexation No. 6"); and
WHEREAS, this legislative body now desires to proceed to adopt its Resolution
of Intention to annex Annexation No. 6 into CFD No. 2005-1, to describe the territory
included within Annexation No. 6 proposed to be annexed, to specify the services to
be financed from the proceeds of the levy of special taxes within Annexation No. 6, to
set and specify the special taxes that would be levied within the territory to finance
such services, and to set a time and place for a public hearing relating to the
annexation of Annexation No. 6 into CFD No. 2005-1; and
WHEREAS, the City Clerk is hereby directed to cause to be recorded such
Annexation Map, showing the territory to be annexed, in the office of the County
Recorder of the County of Riverside within fifteen days of the date of adoption of this
resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Recitals. The above recitals are all true and correct.
Resolution No. 23702
Page 2
SECTION 2. Authorization. These proceedings for annexing Annexation No. 6
into CFD No. 2005-1 are authorized and initiated by this legislative body pursuant to
the authorization of the Act.
SECTION 3. Intention to Annex. This legislative body hereby determines that
the public convenience and necessity requires that Annexation No. 6 be added to
CFD No. 2005-1 in order to pay the costs and expenses for the required and
authorized new services generated from new development within the City and this
Council declares its intention to annex Annexation No. 6 to CFD No. 2005-1.
SECTION 4. Boundaries. A general description of the boundaries of
Annexation No. 6 proposed to be annexed is as follows:
All that territory proposed to be annexed to CFD No. 2005-1, as such property
is shown on a map designated as "Map of Proposed Boundaries Community Facilities
District No. 2005-1 (Public Safety Services), Annexation No. 6" attached hereto as
Exhibit "B" and hereby incorporated by reference.
SECTION 5. Name of District. The name of the district is "City of Palm Springs
Community Facilities District No. 2005-1 (Public Safety Services)" and the
designation for the territory to be annexed shall be "City of Palm Springs Community
Facilities District No. 2005-1 (Public Safety Services), Annexation No. 6".
SECTION 6. Services Authorized to be Financed by CFD No. 2005-1,
Annexation No. 6. The services that are authorized to be financed by CFD No. 2005-
1 are certain services which are in addition to those provided in or required for the
territory within CFD No. 2005-1 and Annexation No. 6 and will not be replacing
services already available. A general description of the services to be financed by
CFD No. 2005-1 is as follows:
PUBLIC SAFETY SERVICES
New police services, fire protection and suppression services, and life safety
services (the "Services") of the City of Palm Springs required to sustain the service
delivery capability for emergency and non-emergency services to new growth areas of
the City of Palm Springs, including but not limited to, equipment, vehicles,
ambulances and paramedics, fire apparatus, services, supplies and personnel;
provided, however, that any increases in special taxes for costs related to employee
wages and benefits shall be limited as provided in the Rate and Method of
Apportionment of the Special Taxes to fund such Services.
The same types of services that are authorized to be financed by CFD No.
2005-1 are the types of services to be provided in Annexation No. 6. If and to the
extent possible, such services shall be provided in common within CFD No. 2005-1
and Annexation No. 6.
Resolution No. 23702
Page 3
SECTION 7. Special Taxes. It is the further intention of this City Council body
that, except where funds are otherwise available, a special tax sufficient to pay for
such services to be provided in CFD No. 2005-1 and Annexation No. 6 and related
incidental expenses authorized by the Act, secured by recordation of a continuing lien
against all non-exempt real property in Annexation No. 6, will be levied annually
within the boundaries of such Annexation No. 6. For further particulars as to the Rate
and Method of Apportionment of the proposed Special Tax, reference is made to the
attached and incorporated Exhibit "A" (the 'Rate and Method of Apportionment'),
which sets forth in sufficient detail the method of apportionment to allow each
landowner or resident within proposed Annexation No. 6 to clearly estimate the
maximum amount that such person will have to pay.
The special tax proposed to be levied within Annexation No. 6 for services to be
supplied within Annexation No. 6 shall be equal to the special tax levied to pay for the
same services in CFD No. 2005-1, except that a higher or lower special tax may be levied
within Annexation No. 6 to the extent that the actual cost of providing the services in
Annexation No. 6 is higher or lower than the cost of providing those services in CFD
No. 2005-1. Notwithstanding the foregoing the special tax may not be levied at a rate
that is higher than the maximum special tax authorized to be levied pursuant to the Rate
and Method of Apportionment.
The special taxes herein authorized, to the extent possible, shall be collected in
the same manner as ad valorem property taxes and shall be subject to the same
penalties, procedure, sale and lien priority in any case of delinquency as applicable for
ad valorem taxes. Any special taxes that may not be collected on the Riverside County tax
roll shall be collected through a direct billing procedure by the City.
The maximum special tax rate in CFD No. 2005-1 shall not be increased as a
result of the annexation of Annexation No. 6 to CFD No. 2005-1.
SECTION 8. Public Hearing. Notice is given that on the 171h day of December,
2014 at the hour of 6:00 p.m., in the regular meeting place of the City Council being the
Council Chambers, located at 3200 East Tahquitz Canyon Way, Palm Springs,
California, 92262, a public hearing will be held where this City Council will consider
the authorization for the annexation of Annexation No. 6to CFD No. 2005-1, the
proposed Rate and Method of Apportionment of the special tax to be levied within
Annexation No. 6 and all other mattersas set forth in this Resolution of Intention.
At such public hearing, the testimony of all interested persons for or against the
annexation of Annexation No. 6 or the levying of special taxes within Annexation No. 6
will be heard.
At such public hearing, protests against the proposed annexation of Annexation
No. 6, the levy of special taxes within Annexation No. 6 or any other proposals
Resolution No. 23702
Page 4
contained in this resolution may be made orally by any interested person. Any protests
pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall
clearly set forth the irregularities or defects to which objection is made. All written
protests shall be filed with the City Clerk prior to the time fixed for the public hearing.
Written protests may be withdrawn at any time before the conclusion of the public
hearing.
SECTION 9. Majority Protest. If (a) 50% or more of the registered voters, or
six (6) registered voters, whichever is more, residing within Annexation No. 6, (b) 50% or
more of the registered voters, or six (6) registered voters, whichever is more, residing
within Annexation No. 6, (c) owners of one-half or more of the area of land in the
territory included in Annexation No. 6 file written protests against the proposed
annexation of Annexation No. 6 to CFD No. 2005-1 and such protests are not withdrawn
so as to reduce the protests to less than a majority, no further proceeding shall be
undertaken for a period of one year from the date of the decision by the City Council on
the issued discussed at the public hearing.
SECTION 10. Notice. Notice of the time and place of the public hearing shall
be given by the City Clerk by publication in the legally designated newspaper of
general circulation, said publication pursuant to Section 6061 of the Government Code,
with said publication to be completed at least seven (7) days prior to the date set for the
public hearing. The notice of the hearing may also be mailed, at least 15 days before
the hearing, to the registered voters and landowners within Annexation No. 6.
ADOPTED THIS 51h DAY OF NOVEMBER, 2014.
David H. Ready, C' er
ATTEST:
ames Thompson, City Clerk
Resolution No. 23702
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. 23702 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 5T" day of November,
2014, by the following vote:
AYES: Councilmember Foat, Councilmember Lewin, Councilmember Mills,
Mayor Pro Tern Hutcheson, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
mes Thompson, City Clerk /
City of Palm Springs, California
Resolution No. 23702
Page 6
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT
Exhibit A
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 CFD Administrator
shall select a reasonably comparable index.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned assessor's parcel number.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating
parcels by assessor's parcel number.
"Base Year" means Fiscal Year ending June 30, 2007.
"City" means the City of Palm Springs.
"Council" means the City Council of the City of Palm Springs, acting as the legislative body of
the District.
"County" means the County of Riverside, California.
"Developed Multi-Family Residence" means all Assessor's Parcels of Developed Property
for which a building permit has been issued for purposes of constructing a residential structure
consisting of two or more residential units that share common walls, including, but not limited to,
duplexes, triplexes, town homes, condominiums, and apartment units.
"Developed Property" means all Taxable Property, exclusive of Property Owner Association
Property, Non-Residential Property, or Public Property, for which a building permit was issued
after January 1, 2006 and prior to May Vt preceding the Fiscal Year in which the Special Tax is
being levied.
"Developed Single-Family Residence" means all Assessor's Parcels of Developed Property
for which a building permit(s) has been issued for purposes of constructing one single-family
residential dwelling unit.
"District Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and providing for the levy and collection of the
Special Taxes.
"District" means Community Facilities District No. 2005-1 (Public Safety Services) of the City
of Palm Springs.
"Entitled Property" means an Assessor's Parcel and/or Lot in the District, which has a Final
Map recorded prior to January 1s' 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 15' 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 Taxable Property within the District shall be
classified as Developed Property, Entitled Property, or Undeveloped Property. Developed
Property shall be further classified as Developed Single-Family Residence or Developed Multi-
Family Residence. Commencing with the Base Year and for each subsequent Fiscal Year, all
Taxable Property shall be subject to Special Taxes pursuant to Sections C and D below.
C. MAXIMUM SPECIAL TAX RATE
1. Developed Property
TABLE 1
Maximum Special Tax for Developed Property
Community Facilities District No. 2005-1
(Public Safety Services)
Maximum
Land Use Special Tax
Class Description Per Unit
1 Developed Single-Family $350 per Unit
Residence
2 Developed Multi-Family $295 per Unit
Residence
On each July 1 following the Base Year (i.e., July 1, 2007), the Maximum Special
Tax Rates in Table 1 shall be increased in accordance with the Annual Escalation
Factor. Once the Maximum Special Tax per Unit is equal to $500 per Unit, no further
Annual Escalation Factor shall be applied and the Maximum Special Tax per Unit
shall not exceed $500.
2. Entitled Property
Table 2
Maximum Special Tax for Entitled Property
Community Facilities District No. 2005-1
(Public Safety Services)
Maximum
Land Use 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-forth (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
Land Use Special Tax Per
Class Description Parcel/Acre
Undeveloped Property less $100 per
4 than or equal to '/4 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.
Resolution No. 23702
Page 7
EXHIBIT B
ANNEXATION MAP
ANNEXATION MAP NO. 6 OF
COMMUNITY FACILITIES DISTRICT NO.2005-1
(PUBLIC SAFETY SERVICES)
CITY OF PALM SPRINGS
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
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