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HomeMy WebLinkAboutCC RES 09-39RESOLUTION NO. 09-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF A SPECIAL TAX FOR THE CITY OF PALM DESERT FIRE TAX PURSUANT TO CITY ORDINANCE NO. 223, FISCAL YEAR 2009/2010 The City Council of the City of Palm Desert, California (hereinafter referred to as the "City Council") does resolve as follows: WHEREAS, Palm Desert voters did approve a special tax levy for fire protection and prevention services on April 8, 1980; and WHEREAS, such approval provides for a tax in the amount of $60 per year for each dwelling unit and $30 per year for vacant lots; and WHEREAS, such approval provides that the City Council is authorized to levy a special tax for the provision of fire protection and prevention; and WHEREAS, the City Council pursuant to City Ordinance 223 desires to prepare the annual levy against parcels of land within the City of Palm Desert for the Fire Tax for the fiscal year commencing July 1, 2009, and ending June 30, 2010, to pay the described costs; and WHEREAS, the City Council has retained Willdan Financial Services for the purpose of assisting the City with the preparation of the annual levy of the special tax; and WHEREAS, the City and its legal counsel have reviewed Proposition 218 and found that the special tax complies with applicable provisions of Section XIII, D, of the California State Constitution; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS: Section 1. That the special Fire Tax be paid by the residents to the City per year and shall be as follows: Fire Tax as specified in City Ordinance 223: $60.00 per equivalent dwelling unit (EDU) per year, for single family developed parcels. $30.00 per parcel per year for each vacant lot. Vacant property larger than 1 acre in area will be taxed according to rates set forth in "Exhibit A" Table II. $60.00 per equivalent dwelling unit (EDU) per year, for a mobile home located within a mobile home subdivision. $60.00 per equivalent dwelling unit (EDU) per year, for each unit in a duplex or triplex. RESOLUTION NO. 09-39 wit: $60.00 per equivalent dwelling unit (EDU) per year, for a dwelling unit in a planned unit development. $45.00 per .75 (seventy-five hundredths) equivalent dwelling per year, for each mobile home located within a mobile home park. $45.00 per .75 (seventy-five hundredths) equivalent dwelling unit per year, for each rental apartment unit within a complex of four or more units. $60.00 per year for commercial properties less than or equal to 2,600 square feet, including a 25% reduced assessment for sprinklers or a 50% discount if fire resistant with sprinklers. Commercial properties in excess of 2,600 square feet are assessed based upon an equivalent tax computed in accordance with the Fire Flow Requirements by area using an established Fire Flow Actuary Table as adopted within City Ordinance No. 223 (Exhibit A, Table I). PASSED, APPROVED AND ADOPTED this 1 lth day of June, 2009 by the following vote to AYES: BENSON, FINERTY, and KELLY NOES: FERGUSON and SPIEGEL ABSENT: NONE ABSTAIN: NONE ROBERT A. SPIEGEL, MAYOR ATTEST: RAciH LLE D. KLASSEN, CITY CLEI C CITY OF PALM DESERT, CALIFORNIA RMBUS\DERWIN\307941.1 RESOLUTION NO. 09-39 ORDINANCE NO. 223 16.01.110: EXHIBIT "A" TABLE I Formula 1 FIRE FLOW REQUIREMENT BY AREA FIRE FLOW REQUIREMENT FORMULA STRUCTURE WOOD FIRE FIRE FRAME RESISTIVE FLOW (area-sq.ft.) (area-sq.ft.) (gPm) 500 750 1000 1250 1500 1750 2000 2250 2500 2750 3000 3250 3500 3750 4000 4250 4500 4750 5000 5250 5500 5750 6000 6250 6500 6750 7000 7250 7500 7750 8000 500 3,300 1. Total floor area sq.ft. 1,100 6,600 1,700 10,900 2. Structural fire flow requirement 2,600 16,200 gpm. 3,600 22,700 4,800 30,200 3. Sprinkler Adjustment 257, for wood construction 6,200 38,700 50% for fire resistive 7,700 48,300 9,400 59,000 4. Compute estimated Fire Flow Required 11,300 70,900 13,400 83,700 15,600 97,700 5. Divide amount in No. 4 by 1,250 gpm. 18,000 112,700 Amount in No. 4 1,250 gpm 20,600 128,700 23,300 145,900 6. Equivalent Dwelling Units 26,300 164,200 (Result of No. 5) 29,300 183,400 32,600 203,700 7. Multiply amount in No. 6 by Equivalent Dwelling Unit charge 36,000 225,200 39,600 247,700 43,400 271,200 8. Amount in No. 7 is availability charged for particular structure 47,400 295,900 computed 51,500 295,900 55,700 295,900 60,200 295,900 64,800 295,900 69,600 295,900 74,600 295,900 79,800 295,900 85,100 295,900 RESOLUTION NO. 09-39 EXHIBIT A TABLE II Vacant Property Special Tax Rates Acres More Monthly Yearly than Up to Charge Charge (EDU) 0 1 $ 2.50 $ 30.00 (.5) 1 2 $ 2.81 $ 33.75 (.5625) 2 3 $ 3.13 $ 37.50 (.625) 3 4 $ 3.44 $ 41.25 (.6875) 4 5 $ 3.75 $ 45.00 (.75) 5 6 $ 4.06 $ 48.75 (.8125) 6 7 $ 4.38 $ 52.50 (.875) 7 8 $ 4.69 $ 56.25 (.9375) 8 9 $ 5.00 $ 60.00 (1) Vacant property is assigned .5 EDU for the first acre plus .0625 EDU for each additional acre or portion thereof up to nine acres. For single, unsubdivided parcels over nine acres, the yearly charge shall be limited to $60. RMBUS\DERWIN\307941.1