HomeMy WebLinkAbout9/7/2005 - STAFF REPORTS (38) U y
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Cg41F0'RNNP City Council Staff Report
DATE: September 7, 2005 Legislative Agenda
SUBJECT: Formation of a Mello-Roos Community Facilities District to Finance Public
Safety Services
FROM: David H. Ready, City Manager
SUMMARY
The recommended actions will allow Council to implement policy on the formation of
Mello-Roos Community Facilities Districts (CFDs) to finance public safety services and
to establish a Mello-Roos Community Facilities District to impose a Special Tax to fund
public safety services in proposed Tracts 31525, 32028, 32028-1, 30050, 32317,
32233-1, 32233-2, 32233-3, 32233-4, 32363, 32675, 30046, 31514, and 32160 and set
a Public Hearing Date. Provisions for the funding of public safety services through a
CFD special tax will be conditioned and applied to all subsequent Tract Maps in the
City.
RECOMMENDATION:
1. Adopt a Resolution adopting a statement of goals and policies for the use of the
Mello-Roos Community Facilities District Act of 1982 to finance public safety
services for new development within the City (Exhibit A);
2. Accept the petition, and consent and waiver from the developer regarding the
formation of the CFD (Exhibit B);
:3. Adopt a Resolution of Intention to establish the proposed 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 C);
4. Adopt a Resolution Ordering the Preparation of the CFD Report, which will be
prepared by MuniFinancial (Exhibit D);
5. Set a public hearing for 6:00 p.m. on October 19, 2005 for public comment, for
and against, and for the filing of written protest by a property owner regarding the
establishment of the foregoing Community Facilities District, 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).
REM
September 7, 2005 Page 2
Public Safety Services CFD
establishment of the foregoing Community Facilities District, 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:
The Mello-Roos Community Facilities Act of 1982 (the "Act") provides for the
establishment of a community facilities district to finance infrastructure, development
impact fees, and services. The Act specifically provides for approval of the special tax
by vote of the landowners pursuant to Section 53326(b) of the Government Code.
Further, Section 53318(c) of the Government Code specifically provides for the initiation
of the establishment of community facilities districts upon receipt by the City of a petition
requesting the institution of proceedings by the owners of not less than 10% of the area
of land proposed to be included within the district.
Section 53326 (b) provides that, if there are less than 12 registered voters currently
within the proposed district, the vote to levy a special tax shall be by the landowners of
the proposed district and each landowner shall have one vote for each acre or portion of
an acre of land owned within the proposed district. The Act clearly contemplated and
was provided for the establishment of districts for raw land developments.
On March 23, 2005 the City Council directed staff to proceed with the formation of a
Community Facilities District (CFD) to fund public safety services for new development.
These future services will be necessary based on the amount of new development
projected over the next several years. The proposed CFD will be established over five
current developments: Mountain Gate II (Tract 32028 and 32028-1), K. Hovnonian Four
Seasons (Tract 31525), Escena (Tract 32233-1, 32233-2, 32233-3, and 32233-4), Alta
(Tract 30050), Monte Sereno (Tract 30046), Lumaire (Tract 31514), Royal Desert Palms
(Tract 32363, Alexander Country Club Estates (Tract 32675), and The Onclave at
Sunrise (Tract 32160). The required petitions requesting the City Council to begin
proceedings for the formation of the CFD have been received by the Developers.
Approval of the resolutions listed below constitutes the next step in the formation
process and essentially declares the City's intention to form the district, approves the
CFD goals and policies, approves the boundary of the CFD and calls for the preparation
of the CFD Report. The Resolution of Intention sets forth terms and conditions under
which the CFD may be formed. The Resolution Approving the Boundary Map
establishes the boundaries of the CFD. The Resolution Ordering the Preparation of the
CFD Report directs MuniFinancial to prepare a report, which sets forth the type of
services to be financed.
The proposed tax to be assessed is based upon a Fiscal Impact Analysis that was
prepared earlier in the year by MuniFinancial. This analysis indicates that the tax rate
needed to support public safety services for new development is $350.00 per single-
City Council Staff Report
September 7, 2005 -- Page 3
Public Safety Services CFD
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. It is estimated that the proposed CFD could generate between $1.3 to $1.5 million
dollars a year in additional revenue to the City for public safety services once the district
is fully developed.
Included in your materials is a Consent and Waiver from each Developer. The Consent
and Waiver waives certain timing and notice requirements which allow the City to
expedite the formation of the CFD.
]FISCAL IMPACT:
'The costs associated with this formation can be recovered through the CFD funds once
the District is established and the taxes levied.
Vrd� L. Butz( ff, s istant City Manager David H. Ready, City Ma�agerr"
r—
,Attachments:
1. Exhibit A -- Goals and Policies
2. Exhibit B — Developer Petition
3. Exhibit C -- Resolution of Intention
4. Exhibit D -- Resolution Ordering the Preparation of the CFD Report
EXHIBIT A
CITY OF PALM SPRINGS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
ADOPTING A STATEMENT OF GOALS AND POLICIES FOR THE USE OF
THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982.
RECITALS:
WHEREAS, the CITY COUNCIL (the "City Council") of the CITY OF PALM SPRINGS
(the "City") proposes to undertake proceedings pursuant to the Mello-Roos Community
Facilities Act of 1982, as amended, commencing with Section 53311 of the California
Government Code (the "Act"), to form a community facilities district; and
WHEREAS, the Act provides that the City Council may initiate proceedings to establish a
community facilities district pursuant to the Act only if it has first considered and adopted
local goals and policies concerning the use of the Act.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS:
1. The City Council finds that the Statement of Goals and Policies for the Use of
the Mello-Roos Community Facilities Act of 1982, attached hereto and
incorporated herein as Exhibit "A" (the "Statement of Goals and Policies"),
meets the requirements of the Act and the City Council hereby adopts the
Statement of Goals and Policies for purposes of complying with the Act.
PASSED AND ADOPTED this day of 2005, by the following vote:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
Mayor
ATTEST:
City Clerk
City of Palm Springs, California
Goals and Policies
for the use of the
Mello-Roos Community Facilities Act of 1982
with respect to districts for which debt will not be issued
Statement of Purpose:
This document sets forth the goals and policies of the City of Palm Springs (the "City")
concerning the use of the Mello-Roos Community Facilities Act of 1982 (the "Act")
(Section 53311 and following of the California Government Code) with respect to
community facilities districts for which debt will not be issued. It has been prepared
pursuant to the requirements of Section 53312.7 of the Act.
Fundamental Policv:
It is the policy of the City that, except as specifically limited by these goals and policies,
the City Council may exercise all rights, powers, and authorities granted to it by the Act.
The silence of these goals and policies with respect to any matter shall not be interpreted
as creating any policy with regard to that matter. Any inconsistency between these goals
and policies and the Act, as amended, shall be resolved in favor of the Act.
Relationship to Other Goals and Policies
These goals and policies shall only govern the establishment and administration of
community facilities districts with respect to which the City has not issued, and does not
plan to issue, special tax bonds or other marketable debt.
The City has previously adopted local goals and policies with respect to the use of bond-
financed community facilities districts for Special Assessment and Community Facility -
District Financing Programs. Those local goals and policies shall remain in effect
notwithstanding the adoption of these local goals and policies.
In the event a district is established that would be subject to both these goals and policies
and some other local goals and policies previously or hereafter adopted by the City
Council for a specific area of the City or for some special purpose, the City Council may
designate with which of the goals and policies the district shall be consistent, and need
not comply with any other goals and policies would otherwise be applicable.
Financing Priorities:
The purpose of the City's use of the Act is to finance services and facilities necessitated
by development or plamied development within a proposed Community Facilities District
Pagel of 5
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Goals and Policies City of Palm Springs
(a "District'). The City may also use the Act to finance other necessary or useful
services or facilities authorized to be financed pursuant to the Act.
hi selecting services and facilities to be financed, the City may finance any services or
facilities permitted to be financed under the Act. Priority for financing may be given to
services, such as public safety services and similar City services, which will be demanded
by the owners or occupants of parcels within a District as a result of increases in the
intensity of use of territory within the District.
As permitted by the Act, the City may finance services and facilities to be owned and
operated by other public agencies, including school districts.
Equitv of Tax Allocation Formulas
It is a goal of the City that any special tax levied pursuant to the Act be allocated
equitably against all similar parcels within any District. Towards this end, the City will
engage a qualified special tax consultant to assist in the development of the rate and
method of apportiomnent for any special tax proposed in connection with a District.
Parcels should, at a minimum, be classified according to whether they are undeveloped,
approved with a final map, developed as a fractional use development, developed for
residential uses, or developed for non-residential uses. Because undeveloped parcels,
approved with a final map parcels, developed fractional use parcels, developed residential
parcels and developed non-residential parcels have dissimilar economic and other
impacts upon the City and its residents, place different demands upon City resources, and
provide different benefits to the City, its residents and its economy, a District may be
created that levies a tax upon less than all of these five classes of parcels. Similarly, a
District may be created that taxes only one of these classes of parcels where such
differentiation is requested by a property owner to comply with requirements of the
plarming laws of the City. However, between parcels within a class, the City may
attempt to maintain equity by, for example, taxing each single family dwelling within a
District at the same rate, or taxing each fractional-use unit in a fractional development at
the same rate per week of ownership interest.
The City recognizes that any determination of tax equity must rely, to a large extent, on
assumptions based on average characteristics of parcels, and that an exactly fair share of
costs can not be perfectly estimated with respect to any parcel or class of parcel.
Consequently, the City may rely on any reasonable tax apportionment analysis, in its sole
and absolute discretion. Furthermore, in its sole and absolute discretion, the City may
permit the allocation of special taxes on any basis that is rationally related to the purpose
of the District.
Because any special tax levied pursuant to these goals and policies will be for the
ongoing provision of services and facilities, any special tax methodology may provide for
an annual rate increase to reflect inflation. Such annual inflation adjustment may be tied
to the Consumer Price hndex for All Urban Consumers for the Los Angeles-Orange-
Riverside area, or to any other index deemed appropriate by the City.
Page 2 of 5
Goals and Policies City of Palm Springs
It is not desirable that the annual special tax on any parcel pursuant to these Goals and
Policies exceed an amount equal to a total tax rate of 2%, including the general property
taxes and other special taxes or assessments, per year per dwelling unit, hotel room or
similar occupiable space. Taxes upon fractional use parcels shall be scaled
proportionately to weeks of ownership interest represented by the parcel. This is the
maximiun tax that may be levied pursuant to these Goals and Policies unless the City
Council finds that a higher amount would be more appropriate in light of the attributes of
the parcel. The maximum tax rate for developed parcels that do not contain dwelling
units, hotel rooms, or similar occupiable spaces shall be an equitable rate that is
comparable to that given above, to be determined by the City Council.
Issuance of Bonds—Statement Regarding Credit Policy and Appraisal Standards
At this time, it is the policy of the City to utilize the Act pursuant to these goals and
policies only for the financing of services and minor improvements to facilities.
Therefore, these goals and policies do not authorize the issuance of bonds pursuant to
Article 5 of the Act.
As a consequence, these goals and policies do not include a statement regarding credit
policies or a statement of definitions, standards, and assumptions to be used in appraisals.
The City Council may, in the fixture, amend these goals and policies to permit the
issuance of bonds.
Responsible Department
The City's Department of Finance, which is located at 3200 E. Tahquitz Canyon Way,
Palm Springs, CA 92262 and whose telephone number is (760) 323-8229 (the "Finance
Department"), is designated as the department of the City responsible for: (i) preparing
the annual roll of special tax obligations with respect to any District; (ii) providing
infonnation to-.interested_persons regarding the current and estimated future tax liability
of owners or purchasers of real property subject to the special tax lien; and (iii) furnishing
notices of special tax as required by Section 53340.2 of the Act.
Subject to the policies of the City, and as permitted by applicable law, the Finance
Department may obtain the assistance of a qualified consultant to perform any of the
duties set forth above.
Trvnsparenev and Notification
The City will take the following steps to ensure that prospective property purchasers are
fully inforrned about their taxpaying obligations imposed under the Act:
1. It will conduct all proceedings required by the Act in the manner required by the
Ralph M. Brown Act (Section 54950 and following of the California Gover inent
Code);
Page 3 of 5
Goals and Policies City of Palm Springs
2. It will cause a map of the boundaries of any proposed District to be recorded,
pursuant to Section 3111 of the California Streets and Highways Code, in the
Office of the Recorder of Riverside County within 15 days following the
adoption, of a resolution of intention to form that District, pursuant to Section
53321 of the Act;
3. It will give notice, pursuant to Section 53322 of the Act, prior to holding any
public hearing on the establishment of a District;
4. It will record a notice of special tax lien, in the form specified by Section 3114.5
of the California Sheets and Highways Code, within 15 days of the City Council's
determination that the requisite number of voters are in favor of the levy of a
special tax in connection with a District. Such notice will include, among other
information:
(i) A description of the rate, method of apportionment, and manner of
collection of the authorized special tax;
(ii) Information about the conditions under which the obligation to pay the
special tax may be prepaid and permanently satisfied and the lien of the
special tax canceled;
(iii) The name(s) of the owner(s) and the assessor's tax parcel number(s) of the
real property included within this community facilities district and not
exempt from the special tax; and
(iv) The name, address and telephone number of the Finance Department, so
that may contact the Finance Department to obtain further information
concerning the current and estimated future tax liability of owners or
purchasers of real property subject to the special tax lien.
5. It will, through the Finance Department, furnish a notice of special tax, in the
Porn set forth in Section 53340.2(c) of the Act to any individual requesting
the notice or any owner of property subject to a special tax levied by the local
agency within five working days of a request for such notice. The City
Council may establish a reasonable fee for this service.
CFD Costs Deposits and Reimbursements
All City and consultant costs incurred in the establishment of Districts shall be paid by
the entities, if any,requesting establishment of the District.
Interpretation
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Goals and Policies City of Palm Springs
The City Council is empowered to interpret these Goals and Policies. A finding by the
City Council that a District conforms with the provisions of these Goals and Policies shall
be conclusive evidence of such conformity.
Amendment
These Goals and Policies may be amended from time to time by resolution of the City
Council.
Certification
I, James Thompson, City Clerk of the City of Palm
Springs, certify that this is a true and connect copy
of the "Goals and Policies for the use of theMello-
Roos Community Facilities Act of 1982 with
respect to districts for which debt will not be
issued" adopted on July 20, 2005 by Resolution No.
of the City Council of the City of
Palm Springs.
James Thompson, City Clerk Date
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EXHIBIT B
CITY OF PALM SPRINGS
Community Facilities District No. 2005-1
(Public Safety Services)
PETITION
To Create a Community Facilities District
and Related Matters
To the Honorable City Council,
CITY OF PALM SPRINGS
:3200 EAST TAHQUITZ CANYON WAY
PALM SPRINGS, CALIFORNIA 92262
Members of the Council:
This is a petition to create a Community Facilities District and related matters under the
Mello-Roos Community Facilities Act of 1982, Sections 53311 and following of the California
Government Code (the "Act') and it states as follows:
1. Petitioner, This Petition is submitted by the person (the "Petitioner") (whether
one or more) identified below as or for the record owner(s) of the parcels of land identified
below (the "Property"). The undersigned warrants to the City that the Petitioner is such owner,
or is a legally authorized representative of such owner(s), and that such ownership constitutes
ownership of more than 10% of the property described in Exhibit "A" attached hereto and more
particularly described in Section 3 herein.
2. Proceedings Requested. This Petition asks that the City Council undertake
proceedings under the Act to create a community facilities district to be designated "City of
Palm Springs Community Facilities District No. 2005-1 (Public Safety Services)" (the "District')
to levy special taxes in the District.
3. Boundaries. This Petition asks that the territory to be included in the boundaries
of the District consist of that shown on a map of the proposed boundaries of the District filed
with the City Clerk of the City and which map is attached hereto as Exhibit A and hereby made
a part this Petition and which map includes the Property.
4. Purpose. This Petition asks that the District be created, the special taxes be
levied to finance all or a part of the public services (the "Services") shown in Exhibit B attached
hereto and made a part hereof.
5. Special Taxes. The Petitioner agrees that it has reviewed and preliminarily
approves the Rate and Method of Apportionment of Special Taxes attached hereto as Exhibit C
and made a part hereof, which Rate and Method is proposed to be used by the City for the levy
of Special Taxes in the District to pay for the Services, subject to the completion of all
proceedings by the City under the Act.
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 the District be
conducted by the City 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 on the District under the Act or as soon thereafter as possible.
7. Waivers. To expedite the completion of the proceedings for the District, the
Petitioner waives all notices of hearing and all published notices regarding the establishment of
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 the City for the formation of the District shall not constitute or be
construed 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 instruments secured by the
Property. If requested by the City, the Petitioner agrees, at its expense, to supply to the City,
current title evidence so that the City may supply any notice and ballot required under the Act
for the establishment of 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
City about the Special Taxes to purchasers of the Property or any part of it.
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 the actions and
conditions under this Petition, including any amount of cash deposit required to pay for the
City's costs in establishing the District. By executing this Petition, the Petitioner agrees to all of
the above.
The Property is Riverside County The Petitioner (record owner) is:
Assessor Parcel No(s):
and the Property contains a total of acres. By:
The address of the above:
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EXHIBIT A
BOUNDARY MAP
Exhibit A
Page 1
EXHIBIT B
DESCRIPTION OF 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.
Exhibit B
Page 1
EXHIBIT C
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Exhibit C
Page 1
WAIVER OF CERTAIN ELECTION PROCEDURES WITH
RESPECT TO LANDOWNER VOTER ELECTIONS WITHIN
AND FOR COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES) 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 ("Owner'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 and understands the following:
A. The City intends to initiate proceedings pursuant to the "Mello-Roos Community
Facilities Act of 1982", as amended, (the "Act") to create City of Palm Springs
Community Facilities District No. 2005-1 (Public Safety Services) (the "District") for the
purpose of financing certain public services as described in the Resolution of Intention of
the City Council of the City of Palm Springs With Respect to Establishment of Proposed
City of Palm Springs Community Facilities District No. 2005-1 (Public Safety
Services)".
B. The City has proposed the levy of special taxes within the District pursuant to the
provisions of the Act and the rate and method of apportiomnent of special taxes to
finance the services described above.
Owner's Property is located within the proposed boundaries of the District. If the District
is fonned and the levy of special taxes is approved as described below, Owner's Property
will be subject to the levy of the special taxes for the District (the "Special Taxes"). A
copy of the proposed rate and method of apportiomnent for the special tax (the "Rate and
Method")is set forth in Exhibit "C" attached hereto.
C. Owner has had a reasonable opportunity to review and has reviewed the Rate and
Method.
D. The Act requires, as a prerequisite to forming the District, that the City Council adopt a
resolution declaring the intention of the City Council to form the District (the "Resolution
of Intention"). The Act further requires that the City Council, in the Resolution of
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Intention, to fix the time and place for a public hearing on the establishment of the
District (the "Public Hearing") which shall be not less than thirty (30)nor more than sixty
(60) days after the adoption of the Resolution of Intention. The Act further requires that
notice of such a public hearing be published at least seven (7) days prior to the date of
such public hearing.
E. 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 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 territory 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 October 19, 2005. Otherwise, the Act provides that the vote shall
be by the landowners of territory proposed to be included within the boundaries of the
District which will be subject to the levy of the special tax, with each such landowner
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 au acre of land
that such landowner owns within the proposed boundaries of 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
pursuant to the Rate and Method on the territory proposed to be included in the District to
the qualified electors thereof (the "Resolution of Formation"). Election Code Section
4000 provides that a special election to authorize the levy of a special tax may be
conducted by mail if such an election is held on one of the following established mail
ballot election dates (the `Established Mailed Ballot Election Dates"): (a) the first
Tuesday after the first Monday in May of each year, (b) the first Tuesday after the first
Monday in June of each even-numbered year or (c) the last Tuesday in August of each
year. The Act provides, however, that any such special election time limit specified by
the Act or requirement pertaining to the conduct of such a special election may be waived
with the unanimous consent of the qualified electors and the concurrence of the official
conducting the election. As is stated below, it is proposed that such special election (the
"Special Election") shall be held on October 19, 2005, a date which will be less than
ninety (90) days from the date of the Public Hearing 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 document and the exhibits hereto.
4. Owner certifies that there have been no persons residing within the Owner's Property for each of
the ninety(90) days preceding the date of this Consent and Waiver.
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5. Owner desires and requests that the special election be held on October 19, 2005 or such other
date as the Owner and the City Clerk of the City (the "City Clerk"), acting as the 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 Fonnation.
6. Owner expressly consents (a) the conduct of the public hearing on October 19, 2005, and (b) to
the conduct of the Special Election on October 19, 2005, 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 to conduct the Special Election within the time periods
specified in Goverument Code Section 53326;
C. any right which Owner may have to have the Special Election 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;
F. any requirement for the preparation of ballot arguments, rebuttal arguments and/or an
impartial analysis as to the ballot proposition set forth in Exhibit 'B."
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PROPERTY OWNER APPOINTMENT OF AUTHORIZED REPRESENTATIVES
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The owner hereby appoints or
alternatively, as its authorized representative to vote in the Special Election, and the owner certifies that
the true and exact signature of 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.]
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THIS CONSENT AND WAIVER AND APPOINTMENT OF AUTHORIZED REPRESENTATIVES
was executed this day of 2005, in California.
(Signature)
Type or Print Name of Signor
If the person executing this document is not the Owner for which this document is being submitted but is
signing for and on behalf of the Owner, please fill in the name of the Owner on the line provided below:
(Type or print name of the Owner)
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EXHIBIT "A"
DESCRIPTION OF PROPERTY SUBJECT
TO CONSENT AND WAIVER
All of the property in the City of Palm Springs, County of Riverside, State of California,
is identified by Riverside County Assessor's Parcel No.
A - 1
EXHIBIT "B"
SAMPLE BALLOT MEASURE
PROPOSITION A
Shall the City of Palm Springs Community Facilities District 2005-1 (Public
Safety Services) of the City of Palm Springs be authorized to levy special taxes,
subject to the accountability measures set forth in Resolution No.
, within the district pursuant to the rate and method of
apportionment of special taxes (the "Rate and Method") set forth in such
resolution for the purpose of financing the Special Tax Requirement as defined in
the Rate and Method?
PROPOSITION B
Shall the City of Palm Springs Community Facilities District No. 2005-1 (Public
Safety Services) establish an Article XIIIB appropriations limit equal to
$115,500,000.
EXHIBIT "C"
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
EXHIBIT C
RESOLUTION NO.
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 A SPECIAL TAX
THEREIN TO FINANCE CERTAIN SERVICES
WHEREAS, the CITY COUNCIL of the CITY OF PALM SPRINGS, CALIFORNIA
(the "City Council"), has received a petition proposing to form a community facilities district
from property owners owning more than ten percent (10%) of the property proposed to be
included in the community facilities district and the City Council desires to initiate proceedings
to create a community facilities district pursuant to the teens and provisions of the "Mello-Roos
Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the
Govermnent Code of the State of California (the "Act') for the purpose of financing police
services, fire protection and suppression services, and life safety services. This community
facilities district shall hereinafter be referred to as City of Palm Springs Community Facilities
District No. 2005-1 (Public Safety Services) (the"District'); and,
WHEREAS, this City Council is now required to proceed to adopt its Resolution of
Intention to initiate the proceedings for the establishment of such District, to set forth the
boundaries for such District, to indicate the type of public services to be financed by such
District, to indicate a rate and method of apportionment of special taxes proposed to be levied
sufficient to finance such services, to set a time and place for a public hearing relating to the
establishment of such District.
WHEREAS, a map of such District has been submitted showing the boundaries of the
territory proposed to be included in the District which territory includes the properties and
parcels of land proposed to be subject to the levy of a special tax by the District
NOW, THEREFORE, IT IS HEREBY RESOLVED:
SECTION 1. Recitals. The above recitals are all true and correct.
SECTION 2. Initiation of Proceedings. These proceedings are initiated by this City
,Council pursuant to the provisions of the Act.
SECTION 3. Boundaries of District. It is the intention of this City Council to
establish the District pursuant to the provisions of the Act, and to determine the
boundaries and parcels on which special taxes may be levied to finance certain services.
A description of the boundaries of the territory proposed for inclusion in the District
including properties and parcels of land proposed to be subject to the levy of a special
tax by the District is as shown on the boundary map designated as "PROPOSED
BOUNDARIES OF CITY OF PALM SPRINGS COMMUNITY FACILITIES
DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES)," attached hereto as Exhibit
"A" and hereby incorporated by reference.
SECTION 4. Name of District. The proposed community facilities district shall be
known and designated as "City of Palm Springs Community Facilities District No. 2005-1
(Public Safety Services)."
SECTION 5. Description of Services. It is the intention of this City Council to finance
certain services that are in addition to those provided in or required for the territory within the
District and will not be replacing services already available. A general description of the
services to be provided is as follows:
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
persormel; 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.
SECTION 6. Special Tax. It is hereby further proposed that, except where funds are
otherwise available, a special tax sufficient to pay for such services and related incidental
expenses authorized by the Act, secured by recordation of a continuing lien against all non-
exempt real property in the District, will be levied annually within the boundaries of the District.
Under no circumstances will the special tax authorized to be levied within the District be
increased as a consequence of delinquency or default by the owner of any other parcel or parcels
used for private residential purposes and located within the District by more than 10 percent. For
further particulars as to the rate and method of apportionment of the special tax proposed to be
levied within the District, reference is made to the attached and incorporated Exhibit `B", which
sets forth in sufficient detail the method of apportionment to allow each landowner or resident
within the District to clearly estimate the maximum amount that such person will have to pay for
such services.
The special taxes herein authorized, to the extent possible, shall be collected in the same manner
as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien
priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that
may not be collected on the County tax roll shall be collected through a direct billing procedure
by the Treasurer.
SECTION 7. Public Hearing. Notice is given that on the 19th day of October, 2005, at
the hour of 6 o'clock p.m., in the regular meeting place of the City Council being the Council
Chambers, located at 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262, a public
hearing will be held where this City Council will consider the establishment of the proposed
District, the proposed rate and method of apportionment of the special taxes proposed to be
levied, and all other matters as set forth in this resolution of intention. At the above-mentioned
time and place for public hearing any persons interested, including taxpayers and property
owners may appear and be heard. The testimony of all interested persons for or against the
establishment of the District, the extent of the District, or the furnishing of the services, will be
heard and considered. Any protests may be made orally or in writing. However, any protests
pertaining to the regularity or sufficiency of the proceedings shall be in writing and clearly set
forth the irregularities and defects to which the objection is made. All written protests shall be
filed with the City Clerk of the City Council on or before the time fixed for the public hearing.
Written protests may be withdrawn in writing at any time before the conclusion of the public
hearing.
If a written majority protest against the establishment of the District is filed, the
proceedings shall be abandoned. If such majority protest is limited to certain services or portions
of the special tax, those services or that tax shall be eliminated by the City Council.
SECTION 8. Election. If, following the public hearing described in the Section above,
the City Council determines to establish the District and proposes to levy a special tax within the
District, the City Council shall then submit the levy of the special taxes to the qualified electors
of the District. If at least twelve (12) persons, who need not necessarily be the same twelve (12)
persons, have been registered to vote within the District for each of the ninety (90) days
preceding the close of the public hearing, the vote shall be by registered voters of the District,
with each voter having one (1) vote. Otherwise, the vote shall be by the landowners of the
District who were the owners of record at the close of the subject hearing, with each landowners
or the authorized representative thereof, having one (1) vote for each acre or portion of an acre of
land owned within the District.
The elections shall be conducted by the City Clerk, and shall be held on a date selected
by the City Council in conformance with the provisions of Section 53326 of the California
Government Code and pursuant to the provisions of the California Elections Code governing
elections of cities, insofar as they may be applicable, and pursuant to said Section 53326 the
ballots for the election shall be distributed to the qualified electors of the District by rnail with
return postage prepaid or by personal service, and the special elections shall be conducted as a
mail ballot election.
A successful election relating to the special tax authorization shall, as applicable,
establish and/or change the appropriations limit as authorized by Article XIIIB of the California
Constitution as it is applicable to this District.
SECTION 9. Notice. Notice of the time and place of the public hearing shall be given
by the City Clerk by causing a Notice of Public Hearing to be published in the legally designated
newspaper of general circulation, such publication pursuant to Section 6061 of the Government
Code, with such publication to be completed at least seven (7) days prior to the date set for the
public hearing. In addition, notice of the time and place of said hearing shall also be given by
first-class mail to each registered voter and to each landowner within the proposed District as
prescribed by Section 53322.4 of said Code. Said notice shall be published at least seven (7)
days and mailed at least fifteen (15) days before the date of the hearing, and shall contain the
information required by said Section 53322.
SECTION 10. Exempt Properties. Pursuant to Section 53340 of the California
Goverrunent Code, properties of entities of the state, federal, and local governments not subject to
a leasehold interest shall be exempt from the levy of special taxes for the financing of the Services
of the proposed District.
SECTION 11. Necessity. The City Council finds that the proposed public services
described in Section 5 hereof are necessary to meet increased demands placed upon the City as a
result of new development occulting within the boundaries of the proposed District.
SECTION 12. Annexation of Territory. Other property within the boundaries of the City
may be amiexed into the District upon the condition that parcels within that territory may be
annexed only with the unanimous approval of the owner or owners of each parcel at the time that
parcel or those parcels are annexed.
PREPARED BY: APPROVED AS TO FORM BY:
David H. Ready
City Manager City Attorney
i
Exhibit A
City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services)
Boundary Map
SHEET 2 OF
MAP OF PROPOSED BOUNDARIES OF O
COMMUNITY FACILITIES DISTRICT NO. 2005-1 "
(PUBLIC SAFETY SERVICES) O
COUNTY OF RIVERSIDE `Op0
STATE OF CALIFORNIA iO O O
fi
SITE 2 0 DO
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137 966 ]25 O
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CFB BOUNDARY 6O O o 0 o O 202 p2 >5 O O
O 139 � O 89
6J O O U
O ASSESSMENT NUMBER O O O O O O O
1 55 2J 01 116 80
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NO PARCEL NO NO NO p O 2j {Q
t - ]2 6'a9-630-001 TO ]2 66 P O 0 0 O O O O O 0 2T O J p9 HS
]3 0 6v9-650-001 TO 6] 2 32028 22 Q
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DUNES
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Temecula. CellfoTme 925 9 0-3661
Phone (951) 507-3500 Fax(951) 509-3510
(O$-0]]) JurvE 2005
SHEET 1 OF 5
SITE 2 SITE 1
MAP OF PROPOSED BOUNDARIES OF
SNF L COMMUNITY FACILITIES DISTRICT NO. 2005-1
RAC TRRO EYCRORARO (PUBLIC SAFETY SERVICES)
u I a
TA VAn NR ^HEX '_ �_ 1U COUNTY OF RIVERSIDE
ALE.a ° STATE OF CALIFORNIA
AHwlrz c.N ON wY c IF
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�� E NE iO°IIE AIE ; FILED IN ME OFFICE OF THE CITY CLERK OF ME CITY OF PALM SPRINGS MIS
JAY OF _ 2005
GERM° FORD DI HEREBY CERTFY THAT ME RMIN MAP SHOWING PROPOSED BOUNDARIES OF COMMUNITY
N.T.S. SITE 3 R FACILITIES DISTRICT NO 3005-I (PUBLIC SAFETY SERNCESL COUNTY OF RIYERSIDEi STATE
OF CALIFORNIA,4VA5 APPROVED BY ME CITY COUNCIL OF ME CITY OF PALM SPRINGS AT
X ': 111' A REGULAR MEETING THEREOF HELD ON THE_ __DAY OF___________ .
AC °OR A�_. ANN 9MATRA OR 2005,BY ITS RESOLUTION O
vICMITY MAP 'F
I SITE I
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PALM OF PALM SPRINGS
35 36 36 31
FILED THIS _ DAY OF _______ ASSESSMENT
T AND
HOUR OF
O'CLOCK_A1 _ THE 3001< OF BARRNTT OF ASSESSMENT ANO COMMUNITY FCOL TES
OF TRIATHEiS.PAGE_ AN0 AS COUNTY
OF C, -___ — _IN ME COLOR
OF THE gIUNIY RECORDER IN THE COVN TY OF RIVERSDE.SLATE OF CALIFORNIA
COUNTY RECORDER
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
THE LINES AND°IMENDONS OF EACH LOT OR PARCEL SH01'.N ON IRIS AA`SHALL
BE IHORE LINES AND DIMENSIONS AS SHOWN ON THE RIVERSIDE COUNTY A55E550fE5
MAPS FOR THOSE PARCELS LISTEN
ME RIKRSIDE COUNTY ASSESSOR S MAPS SHALL GOVERN FOR ALL DETAILS CONCERNING
THE LINES AND DIMENSIONS OF SUCH LOTS OR PARCELS
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(°5-O72) JUTE COOS
SHEET 5 OF 5
MAP OF PROPOSED BOUNDARIES OF
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
SITE 5
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(05-077) dO c COOS
SHEET 3 OF 5
MAP OF PROPOSED BOUNDARIES OF
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA SITE 3
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SHEET 4 OF 5
MAP OF PROPOSED BOUNDARIES OF
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
SITE 4
l_ _ _ _ _ PASE_O DE_ ANZA
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(OS-Oi)) JUNE Zo05
Exhibit B
i City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services)
Rate and Method of Apportiomnent
I
I
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 mid 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.
Septenhr 7, 2005 1 City of Palm Sprirq
Con,m?ity Faalities Dz trict Na 2005-1
(Ri icSafetySovca)
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned assessor's parcel number.
I
"Assessor's Parcel Map" means an official map of the Assessor of the County designating
parcels by assessor's parcel munber.
"Base Year" means Fiscal Year ending Jume 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.
I
"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 constricting 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 V 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 rnap, other condominitun plan, or functionally equivalent map that has been
recorded in the Office of the County Recorder.
Septenber7, 2005 2 City cfPalmSpnrg
Co=atrdtyFaa6itiaDh trktNa 2005-1
(Public Safety Se ias)
"Fiscal Year" means the period starting July 1 and ending on the following Jtme 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 maybe 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 fonnation 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, (ir) equipment, vehicles, ambulances
and paramedics, fire apparatus, supplies, (in) 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: (r) pay for Public Safety Service Costs; (n) pay reasonable Administrative
Expenses; (1) 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
Septenixr7, 2005 3 City grPdrnSpnW
C.bm ma'ty Facdaia Dorm Na 2005-1
(PuYie Safety S&u,6)
Special Taxes levied in the previous Fiscal Year; less any surplus of fumds available from the
previous Fiscal Year's Special Tax levy.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of the
District and any future annexation to the District that are not exempt from the Special Tax
pursuant to law or as defined herein.
"Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax-
Exempt Property includes: (i) Public Property, (ii) Property Owner Association Property, (iii)
Non-Residential Property, and (iv) property designated by the City or District Administrator
as Tax-Exempt Property.
"Undeveloped Property" means,for each Fiscal Year, all Assessor's Parcels of
Taxable Property not classified as Developed Property or Entitled Property, including an
Assessor's Parcel that is designated as a remainder parcel and is not identified as potential
Public Property by any final documents and/or maps available to the District Administrator.
"Unit" means any separate residential dwelling unit in which a person or persons may live,
which comprises an independent facility capable of conveyance separate from adjacent
residential dwelling units and is not considered to be for commercial or industrial use.
13. 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 Mtdti-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
Maximuun Special Tax for Developed Property
Community Facilities District No. 2005-1
(Public Safety Services)
Maximum
Land Use Description Special Tax
Class P Per Unit
1 Developed Single-Family $350 per Unit
Residence
2 Developed Multi-Family $295 per Unit
Residence
Sepoak� r7, 2005 4 City0fPa1MSpnW
CormrmmityFaedidesDutritNa 2005-1
(PuHic safely S6uas)
On each July 1 following the Base Year(i.e.,July 1, 2007), the Maximmun 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 Nlaximutn Special Tax Per Unit
shall not exceed $500.
2. Entitled Properly
TABLE 2
Maximum Special Tax for Entitled Property
Community Facilities District No. 2005-1
(Public Safety Services)
Maximum
Land Use Description Special Tax
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
=1/4 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.
Septerrdrer7,2005 5 City Of PalmSpnrgs
Carrmmm ty Faalitia Distria Na 2005-1
(Public Safety Sercirs)
4. Tax-Exempt Property
No Special Tax shall be levied on Tax-Exempt Properly.
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.
1). 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 Properly 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 Properly up to 100% of the applicable Maximum Special Tax for Entitled Properly.
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 Properly 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.
K 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 Properly 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
Septemb°r7,2005 6 QtygfAdmSpnng
Cbw atraty Facilities District Na 2005-1
ORIC Safety SerrimJ
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 piles 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 zalorem properly 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.
Sep&4-er7,2005 7 CryOfTalraSPnY9
(I mamity Facdina Dut id Na 2005-1
(Pulik Safely Smi�)
EXHIBIT D
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ORDERING AND DIRECTING THE PREPARATION OF A
COMMUNITY FACILITIES DISTRICT REPORT FOR PROPOSED
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY
SERVICES)
WHEREAS, the CITY COUNCIL of the CITY OF PALM SPRINGS, CALIFORNIA
(the "City Council'), has declared its intention to initiate proceedings to create a Community
Facilities District 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"), as amended. This Community Facilities District shall hereinafter be
designated as Community Facilities District No. 2005-1 (Public Safety Services) (the "District');
and,
WHEREAS, this City Council directs, pursuant to the provisions of Section 53321.5 of
the Government Code of the State of California, the preparation of a Community Facilities
District Report to provide more detailed information relating to the proposed District, the
services proposed to be financed from the proceeds of special taxes to be levied, and estimate of
the cost of providing such services.
NOW, THEREFORE IT IS HEREBY RESOLVED:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The Director of Public Works, or his or her designee, is hereby directed
and ordered to prepare a Commmunity Facilities District Report (the "Report") to be presented to
this City Council, generally setting forth and containing the following:
SERVICES: A fiill and complete description of the public services proposed to be
financed from the levy of special taxes.
COST ESTIMATE: A general cost estimate setting forth costs of providing such services.
SPECIAL TAX: Further information regarding the implementation of the rate and method
of apportionment of the special tax proposed to be levied.
SECTION 3. The Report, upon its preparation, shall be submitted to this City Council
for review, and the Report shall be made a part of the record of the public hearing at the time of
the adoption of the Resolution of Intention to establish such District.
PREPARED BY: APPROVED AS TO FORM BY:
Planning Director/Assistant City Manager City Attorney
PASSED, APPROVED, AND ADOPTED THIS _ DAY OF 2005.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City
Council of the City of Palm Springs at a meeting held on the day of 2005,
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
City Clerk, James Thompson
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