HomeMy WebLinkAbout1/7/2015 - STAFF REPORTS - 2.G. 40p pALM S..
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C'0<fFORN`P CITY COUNCIL STAFF REPORT
DATE: January 7, 2015 CONSENT CALENDAR
SUBJECT: APPROVE RESOLUTIONS OF INTENTION AND PROPOSED
BOUNDARY MAPS TO ANNEX TERRITORY TO COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES)
ANNEXATION NO. 8 AND ANNEXATION NO. 9:
FROM: David H. Ready, City Manager
BY: Chief of Staff/City Clerk
SUMMARY
The City Council formed a Community Facilities District (CFD) to provide a financing
mechanism to sustain the delivery of public safety services to new residential
developments. The initial CFD was formed in November 2005. This action declares the
City Council's intention to annex additional territory, and will set a public hearing date for
the purpose of annexing this additional territory into the existing CFD.
RECOMMENDATION:
1. Adopt Resolution No. , "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" (Annexation No. 8)
2 Adopt Resolution No. , "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" (Annexation No. 9)
3. Set the public hearing for 6:00 p.m. on February 18, 2015, for public comment
and for the filing of written protest by any property owner regarding the
annexation of territory to Community Facilities District 2005-1, the levy of a
special tax for public safety services, and a special landowner election.
ITEM NO. ILA
City Council Staff Report
January 7, 2015 -- Page 2
Public Safety Services CFD
STAFF ANALYSIS:
The City Council created a Community Facilities District (CFD) to assist in the financing
of police, fire and life safety services to new residential development. This type of
financing program, which is authorized under the Mello-Roos Community Facilities"Act
of 1982, envisioned the participation of all future new development projects, either by
formation of new districts or annexation into the existing CFD.
Since the formation of the initial CFD, a number of residential developments have been
annexed to the District by the City Council. Two additional developments are ready for
annexation—Desert Palisades (110, undeveloped, single-family residences) Tract
35540 and Tract 33161 (28, undeveloped, single-family residences).
Each project listed above has, as a condition of project approval, a requirement to
participate in the process of annexing into the CFD for public safety services. Although
the City could form separate CFDs for each development, it is simpler and less costly to
annex these projects into the existing CFD since the Rate and Method of Apportionment
established for CFD 2005-1 governs the levy of special taxes not only within the original
boundaries of the CFD but, also, within all subsequent annexations.
In order to commence the annexation process, the City Council must adopt a Resolution
of Intention for each annexation. This resolution sets forth terms and conditions for
annexing territory into the CFD and includes the rate and apportionment of the special
tax to be levied. The Resolution of Intention also establishes a date for a public hearing
on the proposed annexation. The public hearing date, which by statute must be held
within 30-60 days following the adoption of the Resolution of Intention, is scheduled for
February 18, 2015. Pursuant to the Mello-Roos Community Facilities Act of 1982, there
are less than twelve (12) registered voters in the territory proposed to be annexed;
therefore, the special election will be a landowner vote.
The City Council has imposed, as a condition of development, a requirement to
participate in the process of annexing into the CFD for public safety services. Directly
prior to the Public Hearing, each property owner will return a Consent and Waiver to the
City, waiving certain timing and noticing requirements related to election code, which
will enable the City to expedite the annexation process by conducting the special
election immediately after the February 18, 2015, Public Hearing.
Included with each Resolution of Intention, the City Council must establish the
boundaries of the territory to be annexed to the CFD. Each Resolution of Intention
identifies the territory to be annexed into the CFD, which will be recorded with the
County Assessor's Office upon completion of the annexation process.
The special tax that is currently being assessed on properties within the CFD is based
upon a Fiscal Impact Analysis that was prepared by MuniFinancial. Based on this
analysis, the current special tax for a single-family residence is $408.43 per year, and
02
City Council Staff Report
January 7, 2015-- Page 3
Public Safety Services CFD
will increase by the annual escalation factor until it reaches the maximum of $500. The
current special tax for a multi-family residence is $344.25, and cannot exceed the
maximum of $500. The special tax is collected as part of the annual property tax.
Assuming the City does not receive a majority protest against annexation from the
affected landowners at the public hearing, the City will then be able to conduct a special
landowner election, and levy the special tax on all affected parcels within the annexed
areas beginning in fiscal year 2015-16.
FISCAL IMPACT:
At build-out, the two (2) developments identified above will generate an additional
$56,363.34 per year for public safety services.
CFD funds can only be used for public safety services. In fiscal year 2014-15 a total of
1,275 parcels are in the CFD and were levied a total amount of$414,732.
/lw�U" �P�01 — W 9;; �
Marcus L. Fuller, A, PE, PLS David H. Ready, Es
Assistant City Manager/City Engineer City Manager
Attachments:
Resolutions of Intentions
03
RESOLUTION NO.
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
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 8
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.
NOW, THEREFORE, the City Council of the City of Palm Springs, DOES HEREBY
RESOLVE as follows:
1. This City Council proposes to begin the proceedings necessary to annex
territory to the District pursuant to the Act.
2. The name of the existing District is City of Palm Springs, Community Facilities
District No. 2005-1 (Public Safety Services).
3. A general description of the territory included in the existing District is shown
on the map recorded in the office of the County Recorder for the County of Riverside on
04
November 2, 2005 in Book 64 at Pages 71-77 of Maps of Assessments and Community
Facilities Districts, to which map reference is hereby made.
4. The territory now proposed to be annexed to the District is shown on
Annexation Map No. 8 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. 8 of the District in the office of the County Recorder of
the County of Riverside within fifteen days of the date of adoption of this Resolution.
5. The types of services to be funded by the District and pursuant to the Act
consist of those services (the "Services") described in Section 5 of 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 Taxes Therein to Finance Certain Taxes" 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.
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
^5
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 B.
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.
8. Notice is given that on Wednesday, February 18, 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.
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 date herein set
for said hearing. The notice shall be substantially in the form of Exhibit C hereto.
10. This Resolution shall take effect upon its adoption.
06
ADOPTED this _day of 201_
David H. Ready, City Manager
ATTEST:
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. 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 _ day of_, 201_, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
07
EXHIBIT A
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 8
PROPOSED BOUNDARIES OF THE ANNEXATION TERRITORY
08
ANNEXATION MAP NO. S OF
COMMUNITY FACILITIES DISTRICT NO.2005-1
(PUBLIC SAFETY SERVICES)
CITY OF PALM SPRINGS
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
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OOMNHN FACRRIES NSTRICT NO.3L01(PUBLIC SKETY SERACM CITY OF P SPRINGS.COUNTY OF
,y RNERSRR.SATE OF CALIFENNK W SAPI ROYEO BY THE CITY CCUNLL LFTNE CITY OF MLM SPRNGSMA
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EXHIBIT B
RATE AND METHOD OF APPORTIONMENT
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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.
1 �
"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 1st 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 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.
"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.
12
"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.
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"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
Residence $295 per 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 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.
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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
Land Use Special Tax Per
Class Description Parcel/Acre
Undeveloped Property less $100 per
4 than or equal to %Acre Assessor's
Parcel
5 Undeveloped Property > '% $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.
15
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
1fi
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.
17
EXHIBIT C
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 8
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, February 18, 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. 8
On January 7, 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. 8, 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
18
RESOLUTION NO.
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
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 9
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.
NOW, THEREFORE, the City Council of the City of Palm Springs, DOES HEREBY
RESOLVE as follows:
1. This City Council proposes to begin the proceedings necessary to annex
territory to the District pursuant to the Act.
2. The name of the existing District is City of Palm Springs, Community Facilities
District No. 2005-1 (Public Safety Services).
3. A general description of the territory included in the existing District is shown
on the map recorded in the office of the County Recorder for the County of Riverside on
19
November 2 2005 in Book 64 at Pages 71-77 of Maps of Assessments and Community
9 p y
Facilities Districts, to which map reference is hereby made.
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 adoption of this Resolution.
5. The types of services to be funded by the District and pursuant to the Act
consist of those services (the "Services") described in Section 5 of 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 Taxes Therein to Finance Certain Taxes" 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.
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
2G
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 B.
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.
8. Notice is given that on Wednesday, February 18, 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.
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 date herein set
for said hearing. The notice shall be substantially in the form of Exhibit C hereto.
10. This Resolution shall take effect upon its adoption.
21
ADOPTED this_day of , 201_
David H. Ready, City Manager
ATTEST:
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. 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_ day of_, 201_, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
22
EXHIBIT A
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 9
PROPOSED BOUNDARIES OF THE ANNEXATION TERRITORY
23
ANNEXATION MAP NO.9 OF EXFI1>1
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
CITY OF PALM SPRINGS
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
- - FLED IN THE OFFK:E OF THE CITY CLERK OF THE VW OF RNLLM SPRINGS TF15_DAY OF IDt—
CT CLERK
\ LRYOHDECOUNTYOA
ClW OF DE COUNTY.CILFORNi
4 I HERM CERTIFY THAT WE 4NFNIN NN YK W PROFOSED RONIOARIEE OF ANNENALICN NO 9 TO
- E Co
FDHHTI FALHES TW 9T�. 1(FLOOR EAFET'SERYCFSI,CO'OF.SPRINGS.CO LWY OF
PNERNOE. U OIOTRK:
STATE OF CNIFORNA NMS APFROYEO BY TIE CITY COUNCIL OF THE CM OF PAW SPRINGS AT
R ULAR MEETING THEREOF.HELD ON THE MY OF�l @I R6 REEOLL..NO.
CRYCLERN
LOOF PAW SPRINGS
flREflSICE CO UNIY GLFORNM
FILED THE OA'OF — PT TE MUR OF O tOLN�N m WE WOK OF
MAPS OF AEBE�MENT AEG mw FACILIM MTRCTS AT MO '( N WE OFRLE OF WE
COUNTY RWORDER,COUNTY OF RNEREICE,ETATEOF C FpMIA
IlarauMENT W.
b BY OE uU
COLMY RECORDER
COLNtt OF RW ERGILE.CALFORNM
FOR PARTICULARS OF THE ONES AND NMENSWNS OF ASEESOR PARCELS.REFERENCE W PANE TO WE IMPS
rVr er — OF THE ASSESSOR.COUNTY OF RNEREIDE,STATE OF LALFORNM.
w„aA. REFERENCE IS IE TO TWT HIEIOEO BOUNDARY I OF COI. 11 lRJlES MT11T NO C 11
w..w (PUBLIC SASETY FFRNCES)OF THE CRYOF PALM SPRINGS RELtlRCED N1M E hERSIDE TY
rr r.mA rw RE[OWERSOFRLEON XOYEYSFR;AE.IN WOKBIOF MA➢S CF ABSE63EENL.WOCOMM UNITY FAOUTES
DISTRICTS.PAOES 71.1,A$NSTRUYENTHO,SEOaV LX,
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& T
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QcFo n�NE,anD�
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O 0.0075 0.015 Om Doas NBS
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EXHIBIT B
RATE AND METHOD OF APPORTIONMENT
25
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.00v/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.
26
"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 15i 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 15S 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 1s` 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.
27
"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.
28
"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 Descri tion 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.
29
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
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 > '% $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.
30
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
31
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.
32
EXHIBIT C
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
PUBLIC SAFETY SERVICES
ANNEXATION NO. 9
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, February 18, 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
On January7, 2015, the City Council, as the legislative body for the District, adopted a
Y Y
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.
IS/ James Thompson
City Clerk
City of Palm Springs
33
O�VALM 5
A4
CITY OF PALM SPRINGS
MEMORANDUM
* ChCo*,o9ATeo`9,P CITY CLERKS DEPARTMENT
q�1FORN
James Thompson, City Clerk
TO: Mayor and Members of the City Council
FROM: James Thompson, City CIe
DATE: January 7, 2015
SUBJECT: Item 2.G. CFD Annexation
City Staff is requesting the City Council amend the proposed action on Item 2.G. for the
CFD Annexation. The development as described in Annexation No. 9 was previously
annexed into the CFD and no further action is required.
City Staff recommends the City Council adopt the Notice of Intent for Annexation No. 8.
The revised action for the City Council is as follows:
2.G. RESOLUTION OF INTENTION AND PROPOSED BOUNDARY MAP TO
ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES) ANNEXATION NO. 8:
ACTION: 1) Adopt Resolution No. 23743, "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. 8;" and 2) Set the public hearing for 6:00 p.m. on February
18, 2015, for public comment and for the filing of written protest by any property
owner regarding the annexation of territory to Community Facilities District 2005-
1, the levy of a special tax for public safety services, and a special landowner
election.
a1167420 �s