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HomeMy WebLinkAbout2006-04-12 STAFF REPORTS 2D O4 p PA LM S,0 �2 � fl iEO 4 v PW City Council Staff Report DATE: April 12, 2006 Legislative Agenda SUBJECT: Resolution of Intent to Annex Territory to Community Facilities District for Public Safety Services FROM: David H. Ready, City Manager BY: Assistant City Manager— Administrative Services SUMMARY The City Council has heretofore 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, which was formed in November 2005, consists of eight (8) non-contiguous residential developments. Since the formation of the initial CFD several additional residential developments have been approved by the City and are now under construction. This action would set a public hearing date for the purpose of annexing these additional residential developments into the CFD. RECOMMENDATION: 1 . Accept the petition, and consent and waiver from certain developers regarding the annexation of territory to Community Facilities District No. 2005-01 (Exhibit A); 2. Adopt a Resolution of Intention to authorize the annexation of territory to Community Facilities District No. 2005-1 (Public Safety Services) of the City of Palm Springs, and to authorize the levy of a special tax therein to finance certain services (Exhibit B); 3. Adopt a Resolution Establishing the Boundaries of the Territory proposed to be annexed to Community Facilities District No. 2005-01 (Exhibit C); 4. Set a public hearing for 6:00 p.m. on May 17, 2006 for public comment, for and against, and for the filing of written protest by a property owner regarding the annexation of territory to Community Facilities District 2005-01, and the levy of a special tax for public safety services. (If there is no "majority protest', a special landowner election will be called for immediately thereafter). STAFF ANALYSIS: Last year, the City Council approved, on a 4-1 vote with Council Member McCulloch voting no, the formation of a Community Facilities District (CFD) to assist in the financing of police, fire and life safety services to new residential development. This financings Item No. L . D . City Council Staff Report April 12, 2006 -- Page 2 Public Safety Services CFD program, which is authorized under the Mello-Roos Community Facilities Act of 1982, envisioned the participation of all future additional 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 approved by the City and are currently under construction. These developments include: Palm Springs Modern (Tract 31940); Alexander Country Club Estates (Tract 32675); Oceo (Tract 32732); Vista San Jacinto (Tract 33161); Palomino (Tract 33577); Tangerine Palm Springs (Tract 33542); and Palermo (Tract 33561). These projects constitute a total of 381 residential units. Each project listed above has, as a condition of project approval, a requirement to participate in the formation of a CFD for public safety services. Although the City could create separate CFDs for each development, it is simpler and less costly to annex these projects into the existing CFD. The proceedings to annex, or to designate property for annexation in the future, are virtually identical to the proceedings to form the district. The major difference is that, at the public hearing, the majority protests that will block the proceedings may come from landowners or registered voters in the area to be annexed, or the area designated for annexation in the future (upon which event such property would probably simply be dropped from the proceedings), or the existing district, although the election will be held only in the area to be annexed. Any parcel of property included in an area designated for annexation in the future, as to which there was no majority protest, can complete annexation simply through the unanimous consent of its owners without further hearing or election. In order to commence the annexation process, the City Council must adopt a Resolution of Intention. 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 annexation action and for elections among the authorized electors. The hearing date, which by statute must be held within 45 days following the adoption of the Resolution of Intention, is scheduled for May 17, 2006. Since there are no registered voters in the developments being annexed, the election will be a landowner vote. As the Council is aware, the City has imposed as a condition of development a requirement that each developer cooperate with the City in the formation of the CFD. Included in your materials is a Consent and Waiver from each Developer confirming their participation in the CFD and waiving certain timing and notice requirements which will enable the City to expedite the annexation process. In addition to the Resolution of Intention, the City Council must adopt a resolution establishing the boundaries of the territory to be annexed to the CFD. This resolution, which identifies the individual developments to be annexed into the CFD, will be recorded with the County Assessor's Office upon completion of the annexation process. City Council Staff Report April 12, 2006 -- Page 3 Public Safety Services CFD The proposed tax to be assessed is based upon a Fiscal Impact Analysis that was prepared by MuniFinancial last year. This analysis indicates that the tax rate needed to support public safety services for new development is $350.00 per single-family residential unit per year. The tax rate for multi-family residences is $295.00 per year. The proposed tax rate for entitled undeveloped property is $100.00 per acre per year. 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 levy the special tax on all parcels in the annexed area in the coming fiscal year. FISCAL IMPACT: Based on the total number of residential units within the eight developments identified above, it is estimated that upon build-out the City will receive approximately $133,000 a year in revenues for public safety services. The costs associated with this formation can be recovered through the CFD funds once the District is established and the taxes levied. �iy L. Butzlaff,� 'ssi t nt City Manager David H. Ready, City Ma Qger Atta8-ments: 1. Exhibit A -- Developer Petition 2. Exhibit B -- Resolution of Intention 3. Exhibit C -- Resolution Adopting Boundary Map for Territory to be Annexed i J CIT' 07 2006 tirlF 20 10: 58 WAIVER OF CERTAIN ELECTION PROCEDURES WITH RESPECT TO S 'f I C::"LANDOWNER VOTER ELECTIONS WITHIN AND FOR PROPERTY C I i'f !ROPOSED TO BE ANNEXED INTO COMMUNITY FACILITIES DISTRICT NO.2005-1 OF THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TO: CITY COUNCIL CITY OF PALM SPRINGS The undersigned PROPERTY OWNER, or representative thereof, does hereby CERTIFY under penalty of perjury,that the following statements are all true and correct PROPERTY OWNER CONSENT AND WAIVER 1. The undersigned is the owner or the duly authorized representative of the owner or owners (the "Owner") of that certain real property identified in Exhibit A attached hereto and incorporated herein by this reference ("Ownci s Property"), and is legally authorized to give the consent and waiver contained herein as such owner or on behalf of such owner. 2. Owner is aware of,understands and agrees to the following: A. The City of Palm Springs (the "City") has conducted proceedings pursuant to the "Mello- Roos Community Facilities Act of 1982", as amended, (the "Act") to form City of Palm Springs Community Facilities District No. 2005-1 (Public Services) (the "District") for the purpose of fuiancing certain public seances as described below: PUBLIC SAFETY SERVICES 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 l nited as provided in the Rate and Method of Apportionment of the Special Taxes to fund such Services. Owner's Property is located within the proposed boundaries of the area to be annexed to the District("Annexation No. 1"). If Annexation No. '1 is annexed to the District, the Owner's Property will be subject to the levy of the s'pecial taxes fox the District(the`Special Taxes"), A copy of the proposed rate and method of apportionment for the special tax(the"Rate and Method")is set forth in"Exhibit B"attached hereto. B. Owner has had a reasonable opportunity to review and has reviewed the Rate and Method of Apportionment. C. The Act requires, as a prerequisite to annexing territory to the District, specifically Annexation No. 1, that the City Council adopts a resolution declaring the intention of the City Council to annex Annexation No. 'I to the District(the "Resolution of Intention").The Act further requires that the City Council,in the Resolution of Intention,to fix the tirne and place for a public hearing on the annexation of Annexation No. 1 to Hne District(the"Public i Hearing') which shall be not less than thirty (30) nor mole than sixty (60) days after the adoption of the Resolution of Intention. The Act further requires that notice of such a public heating be published at least seven(7)days prior to the date of such public heating. D. The Act requires, as a prerequisite to the levy of the Special Taxes, that the District must submit the question of whether or not to levy such special tax to the qualified electors of the territory to be annexed to the District at a special election. The Act further provides that two-thirds (2/3's) of the votes cast on the question of whether or not to levy the special tax must be in favor of the levy of such special tax if the levy of such special tax is to be authorized. The Act provides that the qualified electors shall be the voters registered to vote within the tenitory proposed to be included in the District if at least twelve(12)persons,who need not necessarily be the same twelve (12) persons, have been registered to vote within such territory for each of the ninety(90)days-preceding the close of the Public Hearing scheduled to occur on May 17, 2006. Otherwise, the Act provides that the vote shall be by tie landowners of territory proposed to be =taxed to the District which will be subject to the levy of die special tax,with each such Iandowner who is the owner of record at the close of the Public Hearing,or the authorized representative of such owner,having one vote for each acre or portion of an acre of land that such landowner owns within the proposed territory to be annexed to the District. F. The provisions of the Act require that such special election be held at least ninety (90) but not more than one hundred eighty days (180) following the date of the adoption of the resolution submitting the proposal to consider the authorization to levy the special taxes putsmat to ale Rate and Method on the territory proposed to be annexed to the District to die qualified electors thereof(the "Resolution of Formadorr 7. Election Code Section 4000 provides that a special election to authorize the levy of a special tax may be conducted by snail if such an election is belch on one of the following established mail ballot election dates (the"Established Mailed Ballot Election Dates"): (a) the first Tuesday after the fast Monday in May of each year, (b) the fast Tuesday after the first Monday in March of each even- nutubered year or (c) the last Tuesday in August of each year. The Act provides, however, that any such special election time limit specified by die Act or requirement pertaining to the conduct of such a special election may be waived with the unanimous consent of the qualified electors and die concurrence of the official conducting the election. As is stated ! below,it is proposed that such special election(die "Special Election") shall be held on May 17,2006, a date which will be less than ninety(90) days from the date of the Public Heating and not on a date specified in Elections Code section 4000. 3. Owner has had a reasonable opportunity to consult with and to be advised by Owner's legal counsel regarding the matters contained in this docuunent and the exhibits hereto. 4. Owner certifies that there have been no persons resid ng and registered to vote within the Owner's Property for each of the ninety(90) days preceding the date of this Consent and Waiver. 5. Owner desires and requests that the special election be held on May 17, 2006, or such other date as die Owner and the City Clerk of the City (the "City Cleric'), acting as die official conducting the election, may mutually agree, a date which may be less than ninety (90) days from the date of the adoption of the Resolution of Annexation. i 6. Owner expressly consents (q to the conduct of the public hearing on May 17, 2006, and (b) to the conduct of die Special Election on May 17,2006, or such other date upon which all of the qualified electors and the City Clerk conducting the election may concur. 7. Owner expressly waives: A. any right which Owner may have to have the Public Hearing conducted and notice of the Public Hearing given within the time periods and in accordance with the manner specified in Government Code Sections 53321 and 53322; B. any right which Owner may have for the Special Election to be conducted within the time periods specified in Government Code Section 53326; C. any right which Owner may have for die Special Election to be conducted on a date specified in Elections Code Section 4000; D. any protest, complaint or legal action of any nature whatsoever pertaining to the shortening of all time periods pertaining to(a) the Public Hearing and notice thereof and (b) the Special Election, including but not limited to, the time for holding the Special Election and the necessity and requirement for any newspaper publication of the notice of the Special Election; E. any requirement for the mailing of the ballot; E. any requirement for the preparation of ballot argarnents, rebuttal arguments and/or an impartial analysis as to the ballot propositions set forth in Exhibit C. 8. Owner expressly consents to (a) the proposed levy of special taxes within Annexation No. 1 pursuant to the provisions of the Act and the rate and method of apportionment of special taxes to finance the services described above and (b) establish an Article XIIIB appropriations limit equal to 5115,500,000. PROPERTY OWNER APPOINTMENT OF AUTHORIZED REPRESENTATIVES The owner hereby appoints t4jcl l�EL 14WEf fJ gi.l or alternatively, as its authorized representative to vote in the Special Election,and the owner certifies that the true and exact signature o£each alternative representative is set forth below. Signature (Type or Print Name of Representative) signature (Type or Print Name of Representative) [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK_] i THIS CONSENT AND WAWER AND APPOINTMENW OF AUTHORIZED REPRESENTATIVES was executed this 20 day of i✓�f)ACb ,2006,in ;2-ki S)?N�j' ,California. I ignature) Type or Print None of Signor If the person executing this document is not the Owner for which this docmnent is being submitted but is signing for and on behalf of the Owner,please fill in the none of the Owner on the line provided below. r�'�'trv7c-,�t-i�'+a I`_�Jynr�h/ �'��2t�a CS7,✓�?�f L.fi C.a. (Type or print name of the Owner) iI f i R ECE 1 1a ED PETITION A 11 F S -r i L l;. Re g ardin Proceeding for Annexation of Territory to Community Facilities CITY C,Ly. ;; � � $ ry 3' District No. 2005-1(Public Safety Services) and Related Matters To the Honorable City Council, CITY OF PALM SPRINGS 3200 EAST T-AHQUITZ CANYON WAY PALM SPRINGS,CALIFORNIA 92262 Members of the Council: This is a petition to institute proceedings to annex territory, including the property identified and described in Exhibit"A", to Community Facilities-District No. 2005-1 (Public Safety Services) (the"District") within the City of Patin Springs and related matters pursuant to the Mello-Roos Community Facilities Act of 1982, conatrnencing with Section 53311 of the California Government Code of the State of California (the "Ace,),and it states as follows: 1. Petitioner, This Petition is submitted by the person (the "Petitioner") (whether one or more) identified below as of for the record owner(s) of the parcels of land identified below (the "Property"). The undersigned warrants to the City of Patin Springs that the Petitioner is such owner, or is a legally anthorized representative of such owner(s),and that such ownership constitutes ownership of more than 10% of the property to be annexed, described in Exhibit A" attached hereto and more particularly described it Section 3 beteii. 2. Proceedings Requested. This Petition asks that the City Council undertake proceedings under tie Act to annex territory to die District and to levy special taxes therein for the purpose of financing all or part of the public services (the "Services") shown in Exhibit "B" attached hereto and made a part hereof. 3. Boundaries. This Petition asks that the territory, to be included in the boundaries of the annexation, consist of that shown on a map of the proposed boundaries of Annexation No. 1 filed with the City Clerk of tine City of Pahn Springs and which map is attached hereto as Exhibit"A" and hereby made a part this Petition and which map includes the Property. 4. Special Taxes. The Petitioner agrees that it has reviewed and approves the Rate and Method of Apportionment of Special Taxes attached hereto as Exhibit "C" and made a part hereof, which Rate and Method has previously been adopted by die City Council of the City of Palm Springs to be used by the City fox the levy of Special Taxes in the District and any future annexations-to die District to pay for the Services. 6. Election.The Petitioner asks that the special election to be held under the Act, to authorize the special taxes and to establish any appropriations limits for Annexation No. 1,be conducted by the City of Palm Springs and its officials,using a mailed or hand-delivered ballot and that such ballot be canvassed and the results certified at the same meeting of the City Council as the public hearing for Annexation No. 1 to the District under the Act or as soon thereafter as possible. 7. Waivers. To expedite the completion of the proceedings for Annexation No. 1 to the District, the Petitioner waives all notices of hearing and all published notices regarding the annexation of territory of Annexation No. 1 to the District,notices of election,applicable waiting periods under the Act for the holding of any public hearing and for election and all ballot arguments and analysis for the election, it being acknowledged by the Petitioner that all such notices are for the benefit of the Petitioner and may be waived. The Petitioner agrees to timely complete and return a consent and waiver to be provided to Petitioner by the City in order to expedite such proceedings. 8. Authority Warranted, The Petitioner warrants to the City that the presentation of this Petition, any waivers contained herein, casting of ballots at the property owner election and other actions mandated by die City of Palm Springs to annex Annexation No. 1 to the District shall not constitute or be constmed as events of default or delinquencies under any existing or proposed financing documents entered into or to be entered into by the Petitioner for the Property, including any "due-on-encumbrance" clauses under any existing security instrtunents secured by the Property. If requested by the City, the Petitioner agrees, at its expense, to supply to die City,current title evidence so that the City may supply any notice and ballot required under the Act to annex Annexation No. 1 to the District. 9. Due-Diligence and Disclosures. The Petitioner agrees to cooperate with the City, its attorneys and consultants, and provide all information and disclosures required by the Ci _about the Special Taxes to purchasers of dic-Propetty or any part of tt. 10. Agreements. The Petitioner further agrees to execute such additional or supplemental agreements as may be required by the City to provide for any of die actions and conditions under this Petition,including any amount of cash deposit required to pay for the City's costs to annex Annexation No. 1 to the District. By executing this Petition,the Petitioner agrees to all of the above. The Property is Riverside County Assessor Parcel No(s): 501-190412 The Property contains a total of 6.06 acres. i The Petitioner(record owner)is: 32675 The address of the above receiving any notice and ballot is: RESOLUTION BILL NO. 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) WHEREAS, the City Council of the City of Palm Springs, California, ("City Council'), at this time desires to authorize the armexation of territory to City of Palm Springs Conmmnity Facilities District No. 2005-1 (Public Safety Services) (hereafter referred to as "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. 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. 1 (hereafter referred to as "Annexation No. I"). WHEREAS,this legislative body now desires to proceed to adopt its Resolution of Intention to annex Annexation No. 1 into CFD No. 2005-1, to describe the territory included within Annexation No. 1 proposed to be annexed,to specify the services to be financed from the proceeds of the levy of special taxes within Annexation No. 1, 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 amiexation ofAm7exation No. 1 into CFD No. 2005-1; and, WHEREAS,a map showing the boundaries of Annexation No. 1 proposed to be annexed has been submitted,which map has been previously approved and a copy of the map shall be kept on file with the transcript of these proceedings. NOW, THEREFORE, IT IS HEREBY RESOLVED DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS: SECTION 1 Recitals. The above recitals are all true and correct. SECTION 2 Authorization. These proceedings for annexing Annexation No. 1 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. 1 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 City Council declares its intention to annex Annexation No. 1 to CFD No. 2005-1. SECTION 4 Boundaries. A general description of the boundaries of Annexation No. 1 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 as previously approved by this legislative body, such map designated by the number of the annexation and the name of the existing district, a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. 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. L" SECTION 6 Services Authorized to be Financed by CFD No. 2005-1,Annexation No. 1. 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. 1 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 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. 1. If and to the extent possible, such services shall be provided in common within CFD No. 2005-1 and Annexation No. 1. 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. 1 and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in Annexation No. 1, will be levied annually within the boundaries of such Annexation No. 1.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 Apportiomnent"),which sets forth in sufficient detail the method of apportiomnent to allow each landowner or resident within proposed Annexation No. 1 to clearly estimate the maxirmmn amount that such person will have to pay. The special tax proposed to be levied within Amlexation No. 1 for services to be supplied within Ammexation No. 1 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. 1 to the extent that the actual cost of providing the services in Annexation No. 1 is higher or lower than the cost of providing those services in CFD No. 2005-1.Notwithstanding the foregoing,the special tax nray not be levied at a rate that is higher then the maxhnurn special tax authorized to be levied pursuant to the Rate and Method of Apportiormient. 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 sanne 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 County tax roll shall be collected through a direct billing procedure by the Treasurer. The maximum special tax rate in CFD No. 2005-1 shall not be increased as a result of the annexation of Annexation No. 1 to CFD No. 2005-1. SECTION 8 Public Hearing. Notice is given that on the 17"'day of May,2006 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. 1 to CFD No. 2005-1, the proposed method and apportionment of the special tax to be levied with Annexation No. 1 and all other matters as 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. 1 or the levying of special taxes within Annexation No. 1 will be heard. At such public hearing, protests against the proposed annexation of Annexation No. 1, the levy of special taxes within Annexation No. 1 or any other proposals 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 tune 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 CFD No. 2005-1, (b) 50% or more of the registered voters, or six(6)registered voters,whichever is more,residing within Amlexation No. 1, (c) owners of one-half or more of the area of land in the territory included in Annexation No. 1, or (d) owners of one-half or more of the area of land in the territory included in Annexation No. 1, file written protests against the proposed annexation of Annexation No. 1 to CFD No. 2005-1 in the future and such protests are not withdrawn so as to reduce the protests to less than a majority, no � l 3 1ti)( . _ further proceedings 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 Govenunent Code,with said publication to be completed at least ten (10) clays prior to the date set for the public hearing. 4 n The foregoing Resolution No. was passed and adopted by the City Council of the City of Palm Springs on the day of 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor, Ronald Oden City of Palm Springs Attest: City Clerk, James Thompson City of Palm Springs 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 or 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 . September 7, 2005 1 City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) 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 1st preceding the Fiscal Year in which the Special Tax is being levied. "Developed Single-Family Residence" means all Assessors' 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. September 7,2005 2 City ofPalm Springs Community Facilities Distract No. 2005-1 Public Safety Services) "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 1" 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 use 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 ratio 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 September 7, 2005 3 City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) 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. September 7,2005 4 City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Se"tces� "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. IB. 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 September 7,2005 5 City of Palm Springs Community Facilities District No. 2005-1 Oiblic Safety Services) 9PCI (Public Safety Services) Maximum Land Use Special Tax Description Class Per Lot 3 Entitled Property $100 per Lot No Annual Escalation Factor shall be applied to the Maximum Special Tax Per Lot for Entitled Property. 3. Undeveloped Property Undeveloped Property will be assigned a Maximum Special Tax Rate of $500 per acre or portion thereof, with a minimum rate of $100 for Undeveloped Property less than or equal to one-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 Description Special Tax Class Per Parcel/Acre 4 Undeveloped Property $100 per <51/4 Acre Assessors Parcel 5 Undeveloped Property $500 per Acre >1/4 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 September 7,2005 6 Ci y of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) sutn 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 taxpayer 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 September 7,2005 7 City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) �7��171 n, 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, may 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. September 7,2005 8 City ofPalrh Spnngs Community Facilities District No. 2005-1 Public Safety Services) Y? __ RESOLUTION BILL NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING BOUNDARY MAP SHOWING TERRITORY PROPOSED TO BE ANNEXED IN THE FUTURE TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) WHEREAS, the City Council of the City of Palm Springs, California, ("City Council'), forned a Community Facilities District, designated as Community Facilities District No. 2005-1 (Public Safely Services) (hereafter referred to as "CFD No. 2005-1"), pursuant to the terns 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, the City Council desires to initiate proceedings to annex certain territory to CFD No. 2005-1; and, WHEREAS, there has been submitted a map showing the territory proposed to be annexed to CFD No. 2005-1, said area to be designated as Community Facilities District No. 2005-1 (Public Safety Services), Annexation No. 1 (hereafter referred to as "Annexation No. I"). 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. SECTION 2 Annexation Map. The map showing Annexation No. 1 and to be subject to the levy of a special tax by CFD No. 2005-1 upon the annexation of such territory to CFD No. 2005-1 is hereby approved and adopted. Such rnap is designated by the name of`Boundary Map of Annexation No. 1 to City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services)." SECTION 3 Certificate. A certificate shall be endorsed on the original and on at least one (1) copy of the map of Annexation No. 1, evidencing the date and adoption of this Resolution, and within fifteen days after the adoption of the Resolution fixing the time and place of the Public Hearing on the intention to annex Annexation No. 1 to CFD No. 2005-1, a copy of said map shall be filed with the correct and proper endorsements thereon with County Recorder, all in the marmer and form provided for Section 3111 of the Streets and Highways Code of the State California. The foregoing Resolution No. was passed and adopted by the City Council of the City of Palm Springs on the day of 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor, Ronald Oden City of Palm Springs Attest: City Clerk, James Thompson City of Palm Springs 2 SITE1 PAGE 1OF4 a\ o MAP OF PROOP00SED BOUNDARIES OF - COMMUNITY FACILITIES DISTRICT NO.2005-1 1��AFF (PUBLIC SAFETY SERVICES) —l1 A "'"° ANNEXATION NO. 1 CITY OF PALM SPRINGS COUNTY OF RIVERSIDE LJ \\ STATE OF CALIFORNIA �µ rtxlcuw� Tlact33E61 I \ ANOT ASSE FGGC 960q OITE NO NO. N I 1 69J.3p03B I u�) ��J.IE59LL,62VE c , �I BITE2 SOUTH LINE WTBT ATE, VN;!ni{V Ma TLOL 32732 -- - C, & Asrtr - HAnI ASSESSOR SITE d NO PAPPRI.. NO 1 E1F.DS11 2 2 B ASCII FI LEO INTXE OFFICE OFTHELITY CLEgI(THIG_pAY OF HIGXWAYIII �L BG - 3.11ND Y CEPTIFV THATTHE W --— fIHIN MAPgHOWING PPOPOEEp i NO.2Wj(PUBLIC SAFE SENOiTO LOMIAUNAYSPRINGS COUNTY N 2 - D. Nr1(PUBLIC GAFEN6EgVICES ClIY OF PALM 1. SPRINGS LOUNIY ' OF RIVERSIDESTATE OFC WFCPNU WAS APPROVED 6YTHECRV LDUNCISHELD C`FHF LMEPHINGS ATAgEGU1Aq MEETINp �2 _— iHEHEDF�HFl➢ NTiE_pAYOF 2p66�BV nG SG ll pOLUI'ION N.0 I i Cm CLERK - CRYOEPAIMSPRINOR Fl1Ep TH15_pAY OF 20W.ATTIEHCUR OF OLD. K_M IN IS 90DK_ppGE(G)—pF MAPS OF ryIIN PNA15 BE A65EGSMEMANp CCMMUNIN FACILITIES 0GHHICTB AND AS NSTBUMENTNO INTHEOFRCECFTIE CELLI — �I RECORDER IN THE COUNTY OF RIVERSIDE STATECFLA FFOHNIA LOUNIY.F.VE SI DOUMYOFL FORRIA' STATE OF LAHFDRNIA REFERENCE IS MADE TO TH "ENDED BOUNDARY MAE OF LOMMUNRY FALLLfHEG USTBICT NO IGA,('U..6AFEry SEBVICEEI I OF PIE CITY OF PAW SPRINGS RECORDED'Cl THE RIVERSIDE COUN, RECORDER'S OFFICE ON NOVEMBER 1...IN SOON6I BE MAPS OF ASSESSMENT AND COMMUNDY FACIFUNCE DIGTAILTS PAGES TI TF AS INGIRUMENTND.2005090613i THE ONES AND pIMEN6IONS OF EACH LOT OR PABLELGHDWN ON MI6 p1AGEAM$H BETHOSE INESANDDIMENSIONSASSHOWNONTHE LEGEND R VERSmE COULYABSESSORS MAPS FOR THOSE PARCUP BLISTED THE RIVERSIDE LOUNIY ASSESSORS MAPS SHALL GOVEEN FOR ALL DETAILS ANNEXATION BOUNDARY CCNCEANINGTHE UNESANO DIMENSIONS OF SUCH LOTG OR PARCELS. ASSESSMENT NUMBER F Muni-`Fn= 7 _ PAGE20F4 MAP OF PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO.2005-1 w`la s� IT i (PUBLIC SAFETY SERVICES) ANNEXATION NO. 1 m C M OF PALM SPRINGS Imo€ COUOU NTY OF RIVERSIDE STATE OF CALIFORNIA Yawn n iv Map a Fil �� LEGEND ANNEXATION BOUNDARY U ASSESSMENT NUMBER r c — i ANDT I PMCEL ND 1 I l \ 1 $01-190-012� � i i T� 1 , - ----- --- - - I r Munil', Lt 11-:] y MAP OF PROPOSED BOUNDARIES OF PAGE30F x I SITE2 B COMMUNITY FACILITIES DISTRICT NO.2005-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 1 w / CITY OF PALM SPRINGS N COUNTY OF RIVERSIDE T, lPc, STATE OF CALIFORNIA JR,SITE' \ \Ta H I Ta I.Ml gOMT ASSES T SOR SIE 9 � anvmxxo NO PARLEI NO NO mom` 1 6L9-031-p13 P \I \ lA5 VEGAS RD VcnIN MRo -- I T�av1335T1 ASMT ASSESSOR RIiE � NO PAPCEL NO NO ' 1 500099-BNB 1 ALEJOT R—DTmo PC all 1 — r � I Lq I � QI O 1 6 W N Z ¢ rlil O 6 I O O J W 0 17 LEGEND ANNEXATION BOUNDARY r-.. 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