HomeMy WebLinkAbout10/4/2006 - STAFF REPORTS - 3.B.PETITION
Regarding Proceeding for Annexation of Territory to Community Facilities
District No. 2005-1 (Public Safety Services) and Related Matters
N
To the Honorable Cary- Council, 1 c"••
cin, OP PALM SPRINGS
3200 EAST TAI-1QLIITZ CANYON V7AY
PALTA SPRINGS, CALIPORNIA 92262 —
,— r
Members of die Council: - --
nh
This is a peution to insuaric proceedings to itnnC,� territory, including die property identified anti
described in Exhibit "A", to Communtry+ racdvies District No. 2005-1 (Public Safety Services) (The "DnmcE
wndvn the City of Palm Springs and related matters pursuant to the Mello -Roos Community facilities Act of
1982, commencing with Section 53311 of the California GovenunenT Code of the State of California (the
"Act'), and it states as follows:
1. Petitioner. This Petition is subnurred by die person (die "Petitioner") (whether one or
more) identified below as or for The record owner(s) of the parcels of land identified below (The "Properry").
The undersigned warrants To du City of Palm Spnngs that the Petitioner is such owner, or is a legally
authorized represcntauvc of such owaner(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 in
Secrion 3 herein.
2. Proceedings Requested. 'Plus Petition asks that to CihI COunCII undcrmkc proceedings
under the Act to annex Territory- to the District and to lrvy special races rherein for The purpose of financing
all or part of du public serviccs (the `Services') shown in LxlubiE "B" attached hereto and nmde a parr
hereof
3. Boundaries. This Pruuon asks that The rcrrrrory, to be included in the boundaries of The
annexation, consist of [lint shown on a map of The proposed boundaries of Annexation No. 2 filed with the
City Clerk of The City of Pahn Springs and which map is at Ciched hereto as P.xhibit "A" and hereby made a
part this Petition and which map includes the Property.
4. Special Taxes. The PCutiUncr ;orecs rhnr a has reviewed and approves the Rate and
Method of Apportionment of Special laxcs attached hereto ab Ealvhll "C" and made a part hereof, which
Rate and Method has prnious]y bern aclopred by The Cary Council of the City of Palm Springs To he used by
the Citi for the levy of Special Taxcs in The Disuict and arrfuture annexations to the District To pay for the
services.
6. Election. The Pcudoncr ;isles thar ncc special election to be held under the Act, to nuthori7e
the special Taxes and to establish any appropriations limns for Anrre,%uion No. 2, be conducted by The City of
Palm Springs and its ofFcials, us+ng a mailed or hand-dchvcred ballot and that such ballot be canvassed and
the resulrs certified at The same meeting of the City Counctl as the public hearing for Annexation No. 2 to du
District under ncc Acr or as' soon thereafter as possible
7. Waivers. To expedire the completion of The proceedings for Annexation No. 2 to The
District, The Petitioner waives all noticrb of hearing and all published notices- regarding the annexation of
tcrrntun of Annexation No. 2 to The District, notices of electron, applicable waning periods under the Act for
The holding of amv public hearing ❑rid for electron and all ballot armaments and analysis for the elerrion, it
heing acknowledged by the Pennoner rhat all such nouees are for the benefit of the Petitioner and may be
waived. The Petitioner agrees to timely complete and return a consenr and waiver To be provided To
Petitioner by the City in order to expedite such proceedings
S. Authority Warranted. The Petitioner warranrs To The City Thar the preseniarion of this
Pention, any waivers contained herein, casting of ballots- at The property owner election and other actions
mandated by the City of Palm Springs TO annex Annexa[ton No. 2 to 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-cneuunbrance" clauses
under any existing securtty instruments secured by the Property. if requested by the City, the Petitioner
agrees-, at its expense, to supply to the City, current tide evidence so That The City may supply any nonce and
ballot required under the Act to annex Annexation No. 2 to The District.
9. Due -Diligence and Disclosures. The Pennoner agrees TO cooperate with the City, its
attorneys and consultants, and provide all informauon and disclosures- required by The City about the Special
Taxes to purchasers of the Property or any parr of ir.
10. Agreements. The Petitioner further agrees to execute such additional or supplemental
agrecmcnTs as may be required by The Ciry to provide fnr any of The acrons and conditions under rhiq
Petition, including any amount of cash deposit required to pay for ncu City's- costs to annex Annexation No. 2
to the District. By executing ibis Petition, the Peuuoner agrees to all of the above.
The Property is Riverside County The Petitioner (record owner) is:
Assessor Parcel No(s):
508-060-015 and The Propem, eonrains a iotal of4.59 aes
cr.VIlk
By: H&iL
The address of the above for receiving any nonce and ballor is
Amado/Herinosa II, LLC
72880 Fred Waring Drive, Suite C-13
Palm Desert, (:A 92260
SHE E ioF3
MAP OF PROPOSED BOUNDARIES OF
COMMUNITY FACILITIES DISTRICT NO.2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 2
CITY OF PALM SPRINGS
COUNTY OF RIVERSIDE
STATE OF CAUF40ANIA
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PUBLIC SAFETY SERVICES
Police services, fire prorecrion and suppression services, and life safety services (the "Services')
of the City of Palm Springs required to sustain the suvicc delivery capability for emergency and
non -emergency services ro new growrh areas of the Ciry of Palm Springs, including but not
limited to, equipment, vehicles, ambulances and paramedics, fire apparatus, supplies and
personnel; provided, however, Thar any increases in special taxes for costs related to employee
wages and benefits shall be litrined as provided in The Aare and NIcrhod of Apportionment of
the Special Taxes to fund such Services.
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
I, Division 2 of Title 5 of the Government Code of the State of California, as amended,
which authorizes the establishment of the District to finance: a) police protection
services, and b) fire protection and suppression services, and life safety services including
but not limited to ambulance and paramedic services.
"Administrative Expenses" means the actual or estimated costs incurred by the City as
administrator of the District to determine, levy and collect the Special Taxes, including
the proportionate amount of the salaries and benefits of City employees whose duties are
directly related to administration of the District and the fees of consultants, legal counsel,
the costs of collecting installments of the Special Taxes upon the general tax rolls,
preparation of required reports; and any other costs required to administer the District as
determined by the City.
"Annual Escalation Factor" means the greater of the increase in the annual percentage
change of the All Urban Consumers Consumer Price Index (CPI) or the percent increase
of salaries and benefits for public safety employees as stated in the Memorandum of
Understanding for the fiscal year of the Special Tax. The annual CPI used shall be for
the area of Los Angeles -Riverside -Orange County, CA as reflected in the then -current
April update. The annual CPI used shall be as determined by the United States
Department of Labor, Bureau of Labor Statistics, and may be obtained through the
California Division of Labor Statistics and Research (www.dir.ca.gov/dlsr). If the
.Sr/Nrndrr -,
C rjmimuri� Funlrli" DrilnJ No. 2005-1
(PorLGrSala) SrnvLci)
foreboing 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 I st 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.
"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 1 st 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 I"
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
Sepleuber 7.1005 ? CiA, nfPdGe SpulGr
Cmemrom) Fd�1/if.,ef Dinrni No. 2005-1
(PubA S,rfrn' Srn%%e0
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 I 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 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 providinb
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.
Srplra�h�a• -. �O(b S Go of Pn/v Sprrgg.,
Co,iinmmlp l}nrlmtr Dnlrrt�;�-n 2005-1
(P.ihln Sq/al Srrn:%ri)
"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 'faxes levied or to be levied under Sections C and D, below.
"Special Tax Requirement" means that amount required in any Fiscal Year for the
District to: (i) pay for Public Safety Service Costs; (ii) pay reasonable Administrative
Expenses; (iii) pay any amounts required to establish or replenish any reserve funds; and
(iv) pay for reasonably anticipated delinquent Special Taxes based on the delinquency
rate for Special Taxes levied in the previous Fiscal Year; less any surplus of funds
available from the previous Fiscal Year's Special Tax levy.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of the
District and any future annexation to the District that are not exempt from the Special
Tax pursuant to law or as defined herein.
"Tax -Exempt Property" means an Assessor's Parcel not subject to the Special Tax -
Tax -Exempt Property includes: (i) Public Property, (ii) Property Owner Association
Property, (iii) Non -Residential Property, and (iv) property designated by the City or
District Administrator as Tax -Exempt Property.
"Undeveloped Property" means, for each Fiscal Year, all Assessor's Parcels of
Taxable Property not classified as Developed Property or Entitled Property, including an
Assessor's Parcel that is designated as a remainder parcel and is not identified as
potential Public Property by any final documents and/or maps available to the District
Administrator.
"Unit" means any separate residential dwelling unit in which a person or persons may
live, which comprises an independent facility capable of conveyance separate from
adjacent residential dwelling units and is not considered to be for commercial or
industrial use.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all Taxable Property within the District shall be
classified as Developed Property, Entitled Property, or Undeveloped Property. Developed
Property shall be further classified as Developed Single -Family Residence or Developed Nlulti-
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 I
Maximum Special Tax for Developed Property
Community Facilities District No. 2005-1
(Public Safety Services)
SPFIP11/her-,2003 - -- 1 --------- Gri ofPak? S•pm f
Cn)luueudy Taalilie., Dian, I No. 2005 1
(Fabb, Sq)jP Sertvu J
Maximum
Land Use Description Special Tax
Class Per Unit
I Developed Single -Family $350 per Unit
Residence
o Developed Nlulti-Family $295 per Unit
Residence
On each July I following the Base Year (i.e., .luly 1, 2007), the Maximum Special
Tax Rates in Table I shall be increased in accordance with the Annual Escalation
Factor. Once the Maximum Special Tax Per Unit is equal to $500 per Unit, no
further Annual Escalation Factor shall be applied and the Maximum Special Tax
Per Unit shall not exceed $500.
2. Entitled Property
TABLE 2
Maximum Special Tax for Entitled Property
Community Facilities District No. 2005-1
(Public Safety Services)
Maximum
Land Use 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)
svemGrr -. '005 5 G/h' nJ PnGu Spmags
Cwuiuuui_r la lioe,Duot,i No 2005-1
Wuhb� Sap/P Senm ee)
Maximum
Land Use Description Special Tax
Class Per Parcel/Acre
4 Undeveloped Property $100 per
<1/4 Acre Assessors Parcel
$ 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 sum
of the Maximum Special Tax levies that can be imposed on all Land Use Classes
located on that Assessor's Parcel.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2006-07, and for each subsequent Fiscal Year, the District
Administrator shall calculate the Special Tax Requirement based on the definitions in
Section A and levy the Special Tax as follows until the amount of the Special Tax levied
equals the Special Tax Requirement. First, the Special Tax shall be levied each Fiscal
Year on each Assessor's Parcel of Developed Property Proportionately between
Developed Single -Family Residence and Developed Multi -Family Residence up to 100%
of the applicable Maximum Special Tax. Second. il'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 lilt a written notice with the District Administrator appealing the
levy of the Special Tax. Phis notice is required to be filed with the District Administrator
S epleiober 7, 1005 - ----- . ! .. --- — — Gpr g11'nl, Spnq ,
Cnmm1111:dp }',unliqff Dulyd Nei. 2005-1
(PoiG/ir Sn/vh' Svrrrtvr)
during the Fiscal Year the error is believed to have occurred. The District Administrator
or designee will then promptly review the appeal and, if necessary, meet with the
taxpayer. If the District Administrator verifies that the tax should be changed the Special
Tax levy shall be corrected and, if applicable in any case, a refund shall be granted-
F. EXEMPTIONS
1. Residential Property
Residential Properties which annually meet one or more of the following
standards shall be exempt from payment of the Special Tax:
a. A Residential Property consisting of one or two person(s) earning $15,300
or less gross income per year, upon complying with procedures to
establish such exemption, or
b. A Residential Property consisting of three persons earning $17,900 or less
gross income per year, upon complying with procedures to establish such
exemption, or
c. A Residential Property which qualifies for either the Low Income Rate
Assistance (LIRA) exemption for electrical or gas services or the Lifeline
exemption for telephone services -
The City is authorized and directed to promulgate administrative rules and procedures for
verification of eligibility for the exemptions referred to in section F-
G. MANNER OF COLLECTION
Special Tax as levied pursuant to Section D above shall be collected in the same manner
and at the same time as ordinary act 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-
Srpnourbn' 2005-_---__ _ (:r/] n/Y,ilm. SPrwgr
Cauirwuu_ir Faaliurr DI,md No- '003-7
(Pnldn Sa/rp S,nmvi)
WAIVER OF CERTAIN ELECTION PROCEDURES WITH RESPECT TO
LANDOWNER VOTER ELECTIONS WITHIN AND FOR PROPERTY N
PROPOSED TO BE ANNEXED INTO COMMUNITY FACILITIES DISTRICT
NO- 2005-1 OF THE CITY OF PALM SPRINGS, x' n
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA 0-1
TO: CITY COUNCTL '' a
CITY Of PALM SPRINGS r"
the undersigned PHOPER'1'1' OWNER or representative thereof, dots hereby CER'lIF1' undue :.
penalty of perjury, that the following statements are all true and correct
�i7 r7T'.i i'LEIS+i►f�T:t�Li]T6Y�1�YlI:��i�1':�/:�►9�T:7
The undersigned is the owner or The duly mir110117ed represenradve of the owner or owiicrs (ncc
"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.
Owner is aware of, understands and agrees to the follovving:
A. The City of Palm Springs (Lhe "Cu)'") has conducted proceedings pursuant to the "Mello -
Roos Community Facilities .Act of 1982", as amended, (the "Acr') to form Ciry of Palm
Springs Communit) Facilities District No. 2005-1 (Public Services) (Elie "Districi') for the
pu77>ose of tinancirig cerium public Services as described below.
PUBLIC SAFETY SERVICES
Police services, fire protection and suppression services, and life safety services (the
"Services") of the Ciry of Palm Springs required to susmin the service delivery cnpnbillry for
emergency and non -emergency services to new growth areas of the City of Pahn Springs,
including but not limited to, equipment, vehicles, ambulances and paramedics, fire apparatus,
sen'iccs, supplies and personnel; provided, however, that any increases in special nixes for
costs rclnted to employee wages and benefits Shall be Iiiriitcd as provided in the Rate and
Method of Apportionment of the Special Taxes to fund such Services-.
Owners Property is located %�IaLhin the PTQj)Q J I)OUr1C11rieS OF 111C arCa tO be 1IT111"ed rO dle
District ("Annexation No 2"). If Annexation No. 2 is annexed to the District, the Owner's
Propene will be subject to the levv of the Spccia] UINCS for the District (the "Special Taxes").
.% copy of the proposed rare and method of ❑pporuonnhcnE for the special r :x (Elie "Ram and
Method") is set Forth in "Exhibit B" attached hCrCtQ.
B. OWTICr has 11ad a rMSOTMUC OppOYLUrIiIV to rCxww arid has reviewed the Rare and Merhod
of Apportionmcnr.
C The Act requires, as a prerequisite to annexing LCMLor) to the District, speolFtcdly
Annexation No 2, that die Ciry Council adopts a resolution declaring die intention of Elie
City Council to annex Annexation No. 2 to the District (the "Resolution of Intention"). The
Act further requncs Char the City Council, in dhc Resoluion of Lltention, to fit Elie Eimc and
place fora public hearing on tic annCXi3tion of Annexation No. 2 to the DiSLrIC1 (the "Publtc
Hearing") which shall be not less Than thirty (30) nor more Than sixn. (60) days after the
adoption of the Resolution of )nrenrton The Act further requires that nonce of such a
public hearing be published at least seven (7) days prior To the dare of such public heating.
D. The Acr requires, ns a prerequisite to the levy of the Special Taxes, thar The District mus[
submit the clucs-tion of whether or nor TO levy such special L•ix to the qualified electors of The
rerritory 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 nor to levy The special tax
must be in favor of the levy of such special L:u if the levy of such special tax is to be
authorized.
The Act provides that die clualificd electors shall be The voters registered to vote within the
Territory proposed To be tncludcd in the District if at least Twelve (12) persons, who need not
necessarily be the same twelve (12) persons, have been registered to vote w-idnm such
territory for each of die ninety (90) days preceding the close of the Public Iltaring scheduled
to occur on November 15, 2006. Otherwise, the Act provides that The vote shall be by The
landowners of Territory proposed to be annex ed To the District which will be sub)ccr to the
levy of the special tax, with each such landowner who is The owner of record at the close of
tine Public Hearing, or The authonzcd representative of such owner, having one vote for each
acre or portion of an acre of land that such landowner ovens within the proposed territory to
be annexed to tie District.
1+. The provisions of The ACT require that such special election be held ar leas[ ninety, (90) but
not more than one hundred eighry (La)s (130) following the date of to adoption of The
resolution submitting the proposal to consider The autionzaton to levv the special taxes
pursuanr To The Rare and Method on the territory proposed to be annexed To The l7igrric[ to
the qualified electors Thereof (the "Resolution of Formation"), Election Code Section -1000
provides that a bpecial election to authorize the lcvv of a special Tax may be conducted by
mail if such an election is held on one of the following established mail ballot election dares
(tbc ")✓btablishcd Mailed Ballot Election Dates'). (a) the fni Tucbdav aFtei the first Nlonday
in May of each year, (b) the first Tucsday after the first Mondav m March of each even -
numbered )'ear 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 requuremenr per[atntng to the
conduct of such a special election may be waived with Elie unatianous consenr of The
qualified electors and the concurrence of The official eondueung the election. As is stated
below, it )b propobcd that such special election (die "Special F.lecrion") shall be held on
November 15, 2000, a dare which will be less than ninety (90) days from The dare of The
Public Hearing and not on a date specified in ]zlecnnns Code section 4000.
3 Owner has had n reasonable oppornmiry to consult with and to be advised by Owner's legal counsel
regarding The m;wcrt contained in this document and The rxhibirs hereto-
4- Owner certifies that there have been no persons restding and registered to vote whdnn die Owner's
Property for each of the nincn (90) days preceding die date of This Consent and Warver.
5. Owner debires and requests- That the special clecnon be held ou November 15, 2006, or such other
date as The Owner and The Cm' Clerk of the City (the "City Clerk") acring is The official conducting
the election, =N muttiallv agree, a date which may be less Than nvhen' (90) days From the date of The
adoption of the Rcsoluuon of Ariric.%atlUn.
G. Owner expressly consents (a) to Lhe conduct of rile public hearing on November 15, 2006, and (b) to
the conduct of ilia Special Flecrion on November 15, 2006, or such oLher date upon which all of the
qualified electors- and the City Clerk conducting the election may concur.
7. Owner expressly waives:
A. any light which Owner may have to have the public Hearing conducted and notice of the
Public Nearing given widen die rune 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 Codc Section 53326;
C. any right which Owner may bavc foi ncc Special Election to be conducted on a date
bpeciGed in Elections Code Sccuon ,1000;
D. any protest, complaint or legal action of :inl• uarure wlmarsocvcr pertaining to die shortening
of all time periods pertaining to (a) the public Hearing and notice thereof and (b) the Special
Election, including bur not limited W, Lhe nine For bolding the Special Election and the
necessity and requitement Cox any newspaper publication of die notice of the Speci;d
Election;
F. any requirement for the mailing of the ballot;
F. any requirement for the preparation of bailor arguments, rebuttal arguments and/or an
imputial analysis as to rile ballor propositions sct forth in Ex ibir C
S. Owner expressly consenrs to (a) the proposed levy of spcctal taxes within Annexation No. 2 pursuant
to the provisions of the Act and the rate and MC01od of ;ipporrionment of special rases to finance
the servrceb described above and (b) esrabhsh an Article X111B appropriatioris hmiL equal TO
5115,500,000.
PROPERTY OWNER APPOINTMENT OF AUTHORIZED REPRESENTATIVES
The owner hcrcbv appouirs or , alternatively,
as its authorized representative to rote in the Special Election, and the owner certifies that Lhe tnie and exact
signature of each alrcmatve represcmauve is sec forth below:
Signature (f)pe or Print Name of Representative)
Signatcre (1)pe or Print Name of Repres'cntative)
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.]
TIIIS CONSENT AND WAIVER AND APPOIN'1MEN'l Of, AUTHORIZED RL:PRLSLNI-ATIVLS
WAS executed dm day of _ _ 2006, in California.
(Signartirc)
] IS h • ►(i Rk,k.f-1 rwj wo a. -
Type or Prinr Name of Signor
if the person execurmg This documenT is nor the Owner for which this document is being submiTied but is
signing for and on behalf of the Owner, please fill in die nine of die Owner on the line provided below:
(Type or print name of the Owner)
DESCRIPTION OF PROPERTY
The land referred ro is simatcd in the Counry of Riverside, City of Palm Springs, Stare of California and is
described as follows- the following Assessor Parcel Numbez(s):
508-060-015
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 Districi 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 'fax 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 41560.
"Act" means the Mello -Roos Community Facilities Act of 1982, being Chapter 2.5, Part
I, Division 2 of Title 5 of the Goverment Code of the State of CaliForia, 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, Icvv 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 casts 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 Angcles-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
,Sr/�lriuLrr-. 'llUS 1 Ca) nj Palms Syrwgr
(,n1j/A1!///i1)' 1",n//i71Pr hii'1/7i11in, '1105-1
(PnGI/i Sd1v11 SPnwerl
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, 3007.
"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 alier January 1, 2006 and prior to May I st 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 Citv, 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 Safetv Services) of
the City oi'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 I"
preceding the Fiscal Year in which the Special `fax 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
S epleii;her . 2005 - - - _ 01)' o% PuGn SPMIr i
Coi11111iov) 17aalines D?.sina No. 2005-1
(PiibG: .Sn%eh Srm,ns)
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 I 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 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 I following the Base Year the increases
attribuied to salaries and benefits shall he calculated and limited to the increase based on
the Annual Escalation Factor- The Special 'fax provides only partial funding for police,
hire and life safety services.
Seplealbel ' 2005 CG7) o%P,rGe Spnrqr
C:mm�mm/� J':nihl/Pr U/.Jri�/ :1'n, 1005-/
"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 1'or the
District to: (i) pay for Public Safety Service Costs: (ii) pay reasonable Administrative
Expenses; (iii) pay any amounts required to establish or replenish any reserve funds; and
(iv) pay for reasonably anticipated delinquent Special Taxes based on the delinquency
rate for Special Taxes levied in the previous Fiscal Year; less any surplus of funds
available from the previous Fiscal Year's Special Tax levy.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of the
District and any future annexation to the District that are not exempt from the Special
Tax pursuant to law or as defined herein.
"Tax -Exempt Property" means an Assessor's Parcel not subject to the Special Tax.
Tax -Exempt Property includes: (i) Public Property, (ii) Property Owner Association
Property, (iii) Non -Residential Property, and (iv) property designated by the City or
District Administrator as Tax -Exempt Property.
"Undeveloped Property" means, for each Fiscal Year, all Assessor's Parcels of
Taxable Property not classified as Developed Property or Entitled Property, including an
Assessor's Parcel that is designated as a remainder parcel and is not identified as
potential Public Property by any final documents and/or maps available to the District
Administrator.
"Unit" means any separate residential dwelling unit in which a person or persons may
live, which comprises an independent facility capable of conveyance separate from
adjacent residential dwelling units and is not considered to be for commercial or
industrial use.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all Taxable Property within the District shall be
classified as Developed Property, Entitled Property. or Undeveloped Property- Developed
Property shall be further classified as Developed Single -Family Residence or Developed Multi -
Family Residence. Commencing with the Base Year and for each subsequent Fiscal Year, all
'taxable Property shall be subject to Special Taxes pursuant to Sections C and D below.
C. MAXIMUM SPECIAL TAX RATE
I. Developed Properly
TABLE 1
Maximum Special Tax for Developed Property
Community Facilities District No. 2005-1
(Public Safety Services)
Y,p7, Lrr ', 1'005 •1 G/r r(P", sp+ru r
Coiuiruru ay TrrnbGr., Di ina No. 2005-1
(PrrN" .Sapli .Srr'r nla)
Maximum
Land Use Description Special Tax
Class Per Unit
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 I shall be increased in accordance with the Annual Escalation
Factor. Once the Maximum Special Tax Per Unit is equal to 5500 per Unit, no
further Annual Escalation Factor•shall be applied and the Maximum Special Tax
Per Unit shall not exceed 5500.
2. Entitled Property
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)
S�/Nrud rr _^005 i Cui of pales SFtrus'
Coui1i11aw Fandi/ie"DI"fall iNO.,7005-1
(Plebkr sa/el� S ervi, ei)
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
n 1 /4 Acre
No Annual Escalation Factor shall be applied to the Maximum Special Tax Per
Parcel/Acre for Undeve loped Property.
4. Tax -Exempt Property
No Special Tax shall be levied on Tax -Exempt Property.
S. 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 Imes 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 ofthe Special Tax levied
equals the Special 'fax 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 'fax. This notice is required to be filed with the District Administrator
Sep,'earGer °OOi -- o----------- - GO' ojP,rlm S/»ruG.�
i:nuurmnr/y J,I(WI l D4071 / NO. 2005,
tPnblir Sd/ep Series ".0
F
H.
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 verities that the tax should be changed the Special
Tax levy shall be corrected and, if applicable in any case, a refund shall be granted.
EXEMPTIONS
1. Residential Property
Residential Properties which annually meet one or more of the following
standards shall be exempt from payment of the Special Tax:
a. A Residential Property consisting of one or two person(s) earning $15,300
or less gross income per year, upon complying with procedures to
establish such exemption, or
b. A Residential Property consisting of three persons earning $17,900 or less
gross income per year, upon complying with procedures to establish such
exemption, or
c. A Residential Property which qualifies for either the Low Income Rate
Assistance (LIRA) exemption for electrical or gas services or the Lifeline
exemption for telephone services-
The City is authorized and directed to promulgate administrative rules and procedures for
verification of eligibility for the exemptions referred to in section F_
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 ud valorem property taxes; provided, however, that the
District Administrator may directly hill 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.
TERM OF SPECIAL TAX
Every five years after the establishment of the District, the City Council may reexamine,
il'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.
Sepia, '!JU> _— - ... - Ctl) o(PnLr. SprrnK.i
Cnpruirrnrlp Fni6lrer Dnnr�7 Nu. 10U5-1
(PirGhr Sn�rh Srnn P�J
SAMPLE BALLOT MEASURE
PROPOSTTTON A. Shall special rases be levied annual]}' on tii\able property �iitlin Annexation No. 1 of
the City of Palm Springs- Community facilities District No. 2005-1 (Public Safety' Services), County of
Riverside, Srare of Cahforutn (the "Dtslrict"); and to levy ;met collect such special taxes so long as the special
cases are needed to pay for police services, fire protection and suppression services ar the special rnx rates and
pursuant to the method of apportioning the special talcs set forth in Exhibit "B" to ncc Resolution of
Pormauon (Rcsolunon No. 21428) adopted by the Cmry Council of the City of Palm Springs on OClober M
2005e
PROPOSTTTON B: Shallan appropnituons limit, as defined by subdivision (h) of Section S of Article XI11B
of ncc California Consumtion, be established for Annexation No. T of the City of Palm Springs Community
Facilities District No. 2005-1 (Public Safety Services), County of Riverside, State of Cahforiva, in the amount
of 5115,500,000?
Page 1 of 2
Pawn Leigh
From:
Jennie Carter [jenniec@muni.com]
Sent:
Wednesday, September 13, 2006 10:21 AM
To:
Pam Leigh
Subject: RE: New Dates Oct 4th and Nov 15 (Annexation into Palm Springs CFD 2005-1)
Good morning,
Attached are the revised legal documents for Mr. Freeman's review and signatures as discussed.
Basically, the only item that has been revised on the documents is the Public Hearing Date. Please
have him sign and return the documents to the Palm Springs City Clerk prior to Friday, September
29th. As a reminder, the Intent Meeting has been rescheduled to October 4th, and the Public
Hearing has been rescheduled to November 15th.
If you have any questions or comments, please feel free to contact me. Thanks so much for your
cooperation and assistance!
Best regards,
Jennie
Jennie Carter
Analyst
Financial Consulting Services
MuniFinancial
27368 Via Industria, Suite 110
Temecula, CA 92590
(951) 587-3500 Main
(951) 587-3515 Direct
(951) 587-3510 Fax
From: Pam Leigh [mailto:pam@dlfreeman.com]
Sent: Tuesday, September 12, 2006 9:54 AM
To: Jennie Carter
Subject: RE: New Dates Oct 4th and Nov 1.5 (Annexation into Palm Springs CFD 2005-1)
IF IT IS EASIER TO EMAIL THAT IS FINE WITH US WE JUST SIGNED THEM YESTERDAY AND HAD THEM
RETURNED TO THE CITY TODAY.
NO PROBLEM JUST GET US THE NEW ONES AND WE WILL GET THEM SIGNED AND SENT.
PAM
-----Original Message -----
From: Jennie Carter [mailto:jenniec@muni.com]
Sent: Tuesday, September 12, 2006 9:50 AM
To: dennis@dlfreeman.com; Pam Leigh
Subject: New Dates Oct 4th and Nov 15 (Annexation into Palm Springs CFD 2005-1)
Good morning Dennis and Pam,
9/13/2006
Page 2 of 2
The City of Palm Springs has requested a change to the Intent Meeting and Public Hearing
dates for the CFI Annexation No. 2 Proceedings. The new dates will be October 4th for the
Intent Meeting and November 15th for the Public Hearing.
As the dates have changed, we will need to have you sign new legal documents for these
proceedings. We understand that you may have already signed and returned your documents
to the City Clerk, and we apologize for any inconvenience this change may potentially cause.
Please contact me via phone or email at your earliest convenience, and let me know whether
you would prefer that I email or overnight mail revised copies of the updated documents to
you for legal signatures. These updated documents will need to be returned to the Palm
Springs City Clerk prior to Friday, September 29th.
Please let me know if you have any questions, comments or concerns as well
Best regards,
Jennie Carter
Analyst
Financial Consulting Services
iWuniFinancial
27368 Via Industria, Suite 110
Temecula, CA 92590
(951) 587-3500 Main
(951) 587-3515 Direct
(951) 587-3510 Fax
9/ 13/2006
PRO -AC IV"
TG'��,L,PfL^�P"
Changing the way we ,build the _future.
September 14, 2006
Mr. James Thompson
City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
P.O. Box 2743
Palm Springs, CA 92263-2743
Re: SasernerrtAgi-, 3ertt-TM # 30350 A"2 �
To Whom It May Concern:
On this date I, have received from Pro -Active Land Development the following
documentation:
• Petition/Annexation of Territory CFD No.2005-1
o TM # 30350 —Alexander Vista Estates
• Waiver of Certain Election Procedures
o TM 30350-Alexander Vista Estates
Accepted:
Date:
1701 North Palm Canyon Drive - Suite 1 - Palm Springs - California - 92262
www.ProactiveBSI.com - info@ProactiveBSI.com
-r i�cm Inc na,a — /7cn' v, - ccc7
PETITION
2015 SEP € 4 Eil 2: 25
Regarding Proceeding for Annexation of Territory to Commupity.Facilities
District No. 2005-1 (Public Safety Services) and Related "MaLffcfsi `
To the Honorable Ci7, Council,
CITY OF PALM SPRINGS
3200 EAST TAHQUITZ CANTON \VAX
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 "Dismce)
wahrn the City of Palm. Springs and related matters pursuant to ibe Mello -Roos Community Facilities Act of
1982, commencing with Section 53311 of the California Government Code of the State of California (the
"Act"), and it states as follows:
1_ Petitioner. This Petition is submitted by the pctson (the `eddoner'� (.whether one or
more) identified below as or for the record owner(s) of die parcels of land identified below (the "Property"),
The undersigned warrants to the City of Pahm Springs that the Petitioner is such owner, or is a legally
authorized representative of such ownei(s'), and that such ownership constitutes ownership of more than 1056
of the property to be annexed, 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 annex: territory to the District and to levy special taxes therein for the purpose of financing
all or part of the public services (die "Sc vices") 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. 2 filed with the
City Clerk of the City of Palm Springs and which map is attached hereto as Lxlibir "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 Mare and
Method of Apportionment of Special Taxes attached hereto as Exhibit "C" and made a part hereof, which
Rate and Method has prmiously been adopted by the City Council of the City of Palm Springs to be used by
the City for the levy of Special Taxes in the District and any future annexations to the District to pay for the
Services-
G. Election. The Petitioner asks that the special election to be held under the Act, to authorize
the special taxes and to establish any appropriations liimts for Annexation No. 2, 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. 2 to the
District under die Act or as soon thereafter as possible.
7. Waivers To expedite the completion of the proceedings for Annexation No. 2 to the
District tie Petitioner waives all notices of hearing and all published notices regarding the annexation of
territory of Annexation No. 2 to die District, notices of election, applicable waiting periods under the Aer for
The bolding 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 norices ate for the benefit of the Petitioner and may be
waived. The Petitioner agrees to timely complete and xenon a consent and tvaiver to be provided to
Petitioner by the City in order to expedite such proceedings.
S. Authority Warranted. The Petitioner warrants to the City that the presentation of this
Petition, any waivers contained herein, casting of ballots at the propciry owner election and other actions
mandated by the City of Palm Springs to annex Annexation No. 2 to the District shall nor 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-encambrancc" 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 CiL)% current title ceidence so that the City may supply any notice and
ballot required under die Act to murex Annexation No. 2 to the District.
9. Due -Diligence and Disclosures. The Petitioner agrees to cooperate with the City-, its
attorneys and consulLants, 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 to annex Annexation No. 2
to the District. By executing rhis Petition, the Petitioner agrees to all of the above.
The Property is Riverside Counry The Petitioner (record owner) is:
Assessor
677-0 30-Parcel No(s):
677-030-
001
mid the Property contains a total of 11.52 acres.
The address of the above for ircciying any notice and ballot is:
Alexander Vista Estates, LLC
1701 N- palm Canyon Drive, Suite 3
Palm Springs, CA 92262
SHEEM I OF 3
MAP OF PROPOSED BOUNDARIES OF
COMMUNITY FACILITIES DISTRICT NO.2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO.2
CITY OF PALM SPRINGS
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F
PUBLIC SAFETY SERVICES
Police services, fire protection and suppression Services, and life Safety Services the "Sm-ices")
of die City of Palm Springb required to sustain die scimcc delivery capability fox 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, supplies and
personnel; provided, however, that any increases in special taxes for costs related to employee
wages and benefits shall be kmued as provided in the Rate and Method of Apportionment of
the Special Taxes to fund such Services.
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 terns 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 Memorandum of
Understanding for the fiscal year of the Special Tax. The annual CPT used shall be for
the area of Los Angeles -Riverside -Orange County, CA as reflected in the then -current
April update. The annual CPl 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 (ivww-dir.ca.gov/dlsr). If the
Sepremb&7. �005 Y Gry o/ Pak; S) raags
CommaruD Faclitzes Dzszwc No. .005-/
(Pubh, Safety 3 emires)
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 J st 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_
"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 I"
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
Sepemb,r 7, 2005 _ City of Patin Spiiir r
Cammnnily FuriGlier Dwr nrt No. 2005--1
(PilbAc S"afety Sernire.r)
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 properly 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 for
rights -of -way, parks, schools or any other public propose 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 I 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.
September 7, 2005 9 C:/y nl'Palm SpMlgr
Conmuraity Farilitirr Dirtrirt No. 2003-1
(PabGr Safety Servlser)
"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 io 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 o F 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 zo 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.
S. 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 I
Maximum Special Tax for Developed Property
Community Facilities District No. 2005-1
(Public Safety Services)
Sep[emGer 7, 2005 4 Ci7),ojPolm ,Spnngr
ConmmnrigFucdrtrrs Dulrir! Nn. 1-005-1
(PnLGr s%hr Semirer)
Maximum
Land Use Description Special Tax
Class Per Unit
I Developed Single -Family $350 per Unit
Residence
2 Developed Multi -Family $295 per Unit
Residence
On each duly 1 following the Base Year (i.e.. July 1, 2007), the Maximum Special
Tax Rates in Table I 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
1V_\000W
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 TaN for Undeveloped Property
Community Facilities District No. 2005-1
(Public Safety Services)
5 City of Paba Sptroga
Commruu�, faahver Dirtria No. 2005-1
(Pie&:c Sz;f ,), Sermees)
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.
4. Tax -Exempt Property
No Special Tax shall be levied on Tax -Exempt Property.
5. Multiple Land Use Classes
In some instances an Assessor's Parcel may contain more than one Land Use
Class. The Maximum Special Tax levied on an Assessor's Parcel shall be the sum
of the Maximum Special Tax levies that can be imposed on all Land Use Classes
located on that Assessor's Parcel.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAN
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
Septexber 7, 2005 G Crty of Pd1lij Springs
Connmani.or Faalrties DisMtt No. 2005-1
(Rtbla• Sdfcty Scrum)
during the Fiscal Year the error is believed to have occurred. The District Administrator
or designee will then promptly review the appeal and, if necessary, meet with the
taxpayer. If the District Administrator verifies that the tax should be changed the Special
Tax levy shall be corrected and, if applicable in any case, a refund shall be granted.
F. EXEMPTIONS
1. Residential Property
Residential Properties which annually meet one or more of the following
standards shall be exempt from payment of the Special Tax_
a. A Residential Property consisting of one or two person(s) earning $15,300
or less gross income per year, upon complying with procedures to
establish such exemption, or
b. A Residential Property consisting of three persons earning S17,900 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.
s6plember 2005
T Cily of PuGu Sprirrgr
Cnmmimi6y Pxiklier UirlrsC No. 2005.1
(Prrblie 3gfe4 Sem[res)
r �.171„_
9Il�� WE ! 1, ria 2
WAIVER OF CERTAIN ELECTION PROCEDURES WITII`RESPECrr'TO" " �5
LANDOWNER VOTER ELECTIONS WITI4IN AND FOR PROPERTY
PROPOSED TO BE ANNEXED INTO COMMUNITY FACILITIES Pl5 ICI,"
NO.2005-1 OF THE CITY OF PALM SPRINGS, r
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
CITY OF PALM SPRINGS
The undersigned PROPERTY OWNER, or represcntarivc Thereof, does hereby CERTIFY under
penalty of perjury, that the following statements are all mte and coxmecc
PROPERTY OWNER CONSENT AND WAIVER
1. The undersigned is the owner or the duly audiorizcd representative of the owner or owners (the
"Owns") of That certain real property identified in Exhibit "A" attached herero and incorporated
herein by This reference ("Owners 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 followiahp=
A. The City of Palm Springs (the "City") has conducted proceedings pursuant to the "blcllo-
Roos Community FamLnes 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 financing Terrain public serviceb as described below.
PUBLIC SAFETY SERVICES
Police senices, fire prorecdon and suppression services, and life safety services (the
"Services") of the City of Palm Springs required to sustain the service delivery capability- for
emergency mid 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, howtwer, that any increases in special taxeb for
costs related to employee wages and benefits shall be limited as provided in dnc Rare and
Method of Apporrionment of die Special faxes to fund such Services.
Owner's Property is located within the proposed boundaries of The area to be annexed to the
District ("Annexation No. 2"). If Annexation No. 2 is annexed to the DiStric; the Owner's
Property will be subject to the ImT of the special taxes for the District (tile "Special Taxes").
A copy of The proposed rate and method of apportionment for the special Tax (the "Rate and
Method") is set forth in "Lxlubn 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 prcrcquusire to anne'ing territory to the District, specifzcaliv
Annexation No. 2, That the City Council adopts a resolution declaring the intention of the
City- Council to annex Annexation No. 2 to the District (the "Resolution of Intention"). The
Act further requires that the City Council, in the Resolution of Intention, to fin the time and
place for a public hearing on the annexation of Annexation No. 2 To the District (the "Public
Heamig") 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 recluires that notice of such a
public hearing be published at least seven (7) days prior to the date of such public hearing.
D. The Acr 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
rwo-ddrds (2/3's) of the voles cast on the question of whether or nor 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
audhorized.
The Act provides thar the qualified elecrots shall be the voters registered to vote within the
territory proposed to be included in the Disuicr if ar least twelve (12) persons, who need not
necessarily be the same twelve (12) persons, have been rcgisrered to vore withm such
territory for each of the nmery (90) days preceding The close of the Public Hearing scheduled
to occur on November 15, 2006. Orhemise, the AcT provides that the vote shall be by the
landowners of Territory proposal to be annexed to the Disrrict which will be subject to the
levy of the special tax, with each such landowmcr who is The owner of record at the close of
tic Public Hearing, or the authorized reprebentative of such owner, having one vore foe each
acre or portion of an acre of laid Thar such landowner owns within the proposed territory to
be annexed to the Disrrict.
F. The provisions of the Acr require That such special election be held at least ninety ()0) but
nor more than one hundred eighty days (180) following the dare of the adoption of the
resolution submitting the proposal to consider the authorization to levy The special taxes
pursuant to the Rite and Method on the remtory proposed to be annexed to the District To
the quahficd elecrors Thereof (The "Resolution of Formation") Election Code Section 4000
provides that a special election to authorize The lcvry of a special tax may be conducted by
mailif sucli an election ib held on one of die following established mail ballot electron dates
(Tic "Established Mailed 132110r F.lecrion Dares"): (a) the first Tuesday after the first Monday
in May of each year, (b) die first Tuesday- after the first Monday in March of each en -en -
numbered year or (c) the last Tuesday- in August of each year. The Act provides, however,
that any such special election nine lurur specified by The Act or requirement pertaining To the
conduct of such a special election may be waived with The unanunous consent of die
qualified electors and the concurrence of the official conducting The election. its is stated
below, it is proposed that such special election (The "Special Election") shall be held on
November 15, 2006, a date which will be less than ninety (90) days from die date of the
Public Heating and nor on a dare specified in Elcedonb Code section 4000.
3. (honer 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 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. Ovtmer desires and requests Liar the special election be held on November 15, 2006, or such ocher
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 die dare of The
adoprion of the Resolution of Annexation.
6 Owmcr expressly consents (a) to the conduct of the public hearing on November 15, 2006, and (b) to
Elie conduct of the Special Election on November 15, 2006, or such ocher date upon which all of the
qualified elecrors and the City Clerk conducting the election may concur.
7. Ow,ncr expressly waives:
A. any right which Owner may have to have the Public Hearuig conducted mid nonce of the
Public Hcaring given within the tune periods and in accordance with the manner specified in
Government Code Sections 53321 and 53322;
13. any right which Owner may have for the Special Election to be conducted within the time
periods specified in Govennnent Code Section 53326;
C. any right which Owner: may have for the Special Election ro be conducred on a date
specified in Elections Code Section 4000;
D. any protest, complaint or legal action of any nature whatsoever pertaming to the shortening
of all time periods perrai ing ro (a) the Public 14caring and notice thereof mid (b) the Special
Election, including but not limited to, the time for holding tie Special Election and the
necessity and requirement for any newspaper publication of the nonce of the Special
Election;
F.. any requirement for the mailing of the ballor,
R any requirement for the preparation of ballor argumenrs, rebuttal argmnenrs and/or an
impartial analysis as to tic ballot propositions set forth in Exhibit C.
8. Owner expressly consents ro (a) the proposed levy of special rases within Annexation No. 2 putsuant
to the provisions of die riot and the rate and method of apportionment of special taxes to finance
The services described above and (b) establish an Article XIII13 appropriations limit equal to
$ 115,500,000.
PROPERTY OWNER APPOINTMENT OF AUTHORTZEA REPRESENTATIVES
The owner hereby appoints or alternatively,
as its authorized rcpresenranve ro vote in the Special Election, and the owner certifies that the true mid exact
signature of each alternative represcnrauve 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.]
THIS CONSENT AND NVAIVER AND APPOINTMENT" Of AUTHORIZED REPRESENTATIVES
was executed this \-\ day of DC-r-se- . '_'006, v1 t�� �✓"l-��r G'--Z'<;:alifoinia.
K
(Signauuc)
-
e or Print Name of Si}oi
If the person executing this document is nor the Owner for which Lh15 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 pnnt name of die Owner)
DESCRIPTION OF PROPERTY
The land referred to is siruated in the County of Riverside, City of Palm Springs, State of California and is
dcscribcd as follows fac following Assessor Parccl Numbcr(s).
677-030-001
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 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
Sept ml er 7, 2005 1 01), ifPaL- Sprii{gr
Cmw,uuj, Pari&ie, Dulnc! No. 2005-1
(Fieb& Safety Serieer)
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 detennining 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 pen -nit has been issued prior to the May 1"
preceding the Fiscal Year in which the Special Tax is being levied. The tent "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
StPteniGer 7, 2005 Citll Of Palm Springs
Commuui_hi Faeidiies Distner No. 2005-1
(Publi, Sof,9, Sernia.)
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 pen -nit has been issued of 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 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.
Sepleir.Ger 7. 2005 3 04 of PaIx Sprngs
Co,wlwi i , Faad&s Dinah Nu, 2005-1
(Pabhr Safe,g Smi ws)
"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
race for Special Taxes levied in the previous Fiscal Year; less any surplus of funds
available from the previous Fiscal Year's Special Tax levy.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of the
District and any future annexation to the District that are not exempt from the Special
Tax pursuant to law or as defined herein.
"Tax -Exempt Property" means an Assessor's Parcel not subject to the Special Tax.
Tax -Exempt Property includes: (i) Public Property, (ii) Property Owner Association
Property, (iii) Non -Residential Property, and (iv) property designated by the City or
District Administrator as Tax -Exempt Property.
"Undeveloped Property" means, for each Fiscal Year, all Assessor's Parcels of
Taxable Property not classified as Developed Property or Entitled Property, including an
Assessor's Parcel that is designated as a remainder parcel and is not identified as
potential Public Property by any final documents and/or maps available to the District
Administrator.
"Unit" means any separate residential dwelling unit in which a person or persons may
live, which comprises an independent facility capable of conveyance separate from
adjacent residential dwelling units and is not considered to be for commercial or
industrial use.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all Taxable Property within the District shall be
classified as Developed Property, Entitled Property, or Undeveloped Property- Developed
Property shall be further classified as Developed Single -Family Residence or Developed Multi -
Family Residence. Commencing with the Base Year and for each subsequent Fiscal Year, all
Taxable Property shall be subject to Special Taxes pursuant to Sections C and D below.
C. MAXIMUM SPECIAL TAX RATE
1. Developed Property
TABLE 1
Maximum Special Tax for Developed Property
Community Facilities District No. 2005-1
(Public Safety Services)
September 7, 2005 -i - City oJPahe Springs
Compvadi , Facilities District Na. 2005-1
(Prrbhe S� fety Senim)
Maximum
Land Use Description Special Tax
Class Per Unit
I 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 I 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
IMICINO ?
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)
3-eptember 71 2005 5 City of pabn 3prirrgr
Comp izz�, Fazbker DuY rsnd AVo. 2005-1
Pub& Sgfrf, Senires)
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.
4, Tax -Exempt Property
No Special Tax shall be levied on Tax -Exempt Property.
S. Multiple Land Use Classes
In some instances an Assessor's Parcel may contain more than one Land Use
Class- The Maximum Special Tax levied on an Assessor's Parcel shall be the sum
of the Maximum Special Tax levies that can be imposed on all Land Use Classes
located on that Assessor's Parcel,
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2006-07, and for each subsequent Fiscal Year, the District
Administrator shall calculate the Special Tax Requirement based on the definitions in
Section A and levy the Special Tax as follows until the amount of the Special Tax levied
equals the Special Tax Requirement. First, the Special Tax shall be levied each Fiscal
Year on each Assessor's Parcel of Developed Property Proportionately between
Developed Single -Family Residence and Developed Multi -Family Residence up to 100%
of the applicable Maximum Special Tax. Second, if the Special Tax Requirement has not
been satisfied by the first step, then the Special Tax shall be levied each Fiscal Year on
each Assessor's Parcel of Entitled Property up to 100% of the applicable Maximum
Special Tax for Entitled Property. Lastly, if the first two steps have not satisfied the
Special Tax Requirement, then the Special Tax shall be levied each Fiscal Year on each
Assessor's Parcel of Undeveloped Property up to 100% of the applicable Maximum
Special Tax for Undeveloped Property.
E. APPEALS
Any 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
September 7, 2005 f 6 Crty of Palm Springs
Commin,16, Farlaks Dist&t Nu. ^005-1
(Publi, S_f ty Srrvirrr/
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 verities that the tax should be changed the Special
Tax levy shall be corrected and, if applicable in any case, a refund shall be granted.
F. EXEMPTIONS
1. Residential Property
Residential Properties which annually meet one or more of the following
standards shall be exempt from payment of the Special Tax:
a. A Residential Property consisting of one or two person(s) earning $15,300
or less gross income per year, upon complying with procedures to
establish such exemption, or
b. A Residential Property consisting of three persons earning $17,900 or less
Bross 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 -
Se
Vrivber7, 2005 — Cif'ifPabnSp rrgr
Cammvuui 7 Paahlies Uisbnd No. 2005.1
(Public Safe4 Sen'rees)
SAMPLE BALLOT MEASURE
PROPOSITION A, Shall special razes be levied annually on taxable property- within Annexation No- 1 of
the City of Palm Springs Community Facilities; Distract No. 2005-1 (Public Safety Services'), County of
Riverside, State of California (the "District'), and to let and collect such special gazes so long as dlc special
ta%cs are needed to pay for police services, fire prorecnon and suppression services at the special tax rates and
Pursuant to the method of apportioning the special taxes set forth in E%lubit `B" to the Resolution of
Fornlanon (Resolution No- 21428) aclopted by the City Council of the City- of Palin Springs on October 19,
2005?
PROPOST 70N B: Shall an appropriarions liner, as defined by subdivision (h) of Section 8 of Article 11TIB
of he California Consrimrion, be established for Annexation No. 1 of the City of Palm Springs Community
Facilities District No. 2005-1 (Public Safety Services), County of Riverside, State of California, in the amount
of $115,500,000 r
r, . e
- �ZC1H SEP
CI 7 C! E:-,
Sepiembci 13, 2006
James Thompson
City Clcrk
City of Palm Spnngs
PO Box 2743
Palm Springs, Cahfornia 92263
RE: Murano/Avenida Caballuros/San Rafael, LLC
Dear Ms. Jennie Carter,
Please find the enclosed fully executed documents as requested by MuniFinancial;
Petition
• Consent and Waiver.
'Ahsnk you fox your assiytrncc in this matter. Any questions please feel free to contact at 760-325-7920
extension 222.
[STREET ADDRESS] • [CTTY/$TATrj • j/iP/PpiTAT. CnnT:1
Pi-JCI ]P iPl-IoNL NUn131.R1 • I nx: II nx M)Mttr.al
2121 E. Tchgwtz Canyon Wn/, Sufic 1, Palm Spnrrys , CA 02262 • TR • i6u 325 7020 r,v 760706 K872
PETITION
C,
Regarding Proceeding for Annexation of Territory to CommuratyNaci}itieE t'
District No. 2005-1 (Public Safety Services) and Related Matteis
To the Honorable City Council,
C1TY OP PALM SPRINGS
3200 LAST TAHQUITZ CANTON WAY
PALNI SPRINGS, CALIFORNLA 92262
IvIcmbcts of Lhc Council
This is a petition to institute proceedings to annex rerritnry, including the property identified and
described in Lxh ibn "A", to Communiry Facilities District No 2005-1 (Public SaFeLy Scnices) (the "DisrricE")
within the Ciry of Pahu Springs and related matters pursuant to die Nlcllo-Roos Community Facilitic> Act of
1982, commencing wish Section 53311 of the California Government Code of the State of California (the
"Act'), and it states as follows:
1. Petitioner. This Petition is submitted by the person (the `petitioner") (wherher one or
snore) idenr9Fied below as or for The record owiter(s) of the parcels of land idenlif.+ed below (the 'property' ].
The undersigned warxants to the City of Palm Spcuhgs that the Petitioner is such owncr, or is :i lcgelly
authorized representative of such owner(s), and that such ownership constitutes ownership of more than 100/.,
of the property to be annexed, described in Rxhibir "A" attached liefero and more particularly described in
Section 3 herein.
2- Proceedings Requested. This Petition asks that the City Council undertake proceedings
under the Act to annex tcaitor9 to Lhc District and to levy special taxes therein for the purpose of financing
all or pan of the public services (the "Services") shown in Exhibit "B" attached hereto and made a pact
hereof.
3. Boundaties- This Pctxttion asks that the territory, to be included in the boundaries of the
annexation, consist of that shown on a map of the proposed boundarics of Annexation No- 2 filed with Elie
City Clerk of the City of Palm Springs aid which snap is attached hcrcro as Exhibit "A" and hereby made a
part thus Petition and .which map includes the Property.
4. Special Taxes. The Petitioner agrees that it has reviewed and approves the Rare and
Nfethod of Apportionment of Special Taxes arrached hereto as Exhibit "C" and made a part hereof, which
Rate and Nlcthod has previously been adopred by The City Council of the City of Palm Springs to be used by -
the City for the levy of Special Taxes in the District and any fnrure annexations to the District to pay for the
Scn-iccs.
6. Election. The Petitioner asks that the special election to be hcld under the Act, to authorize
the special taxes and to establish any appropriatons lints for Annexation No. 2, be conducted b)' the City of
Palm Springs and us 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 Elie public hearing for Annexation No. 2 to the
District under the Act or as soon thereafter as possible.
7. Waivers. To expedire the completion of the proceedings for Anncxato i No- 2 to the
Distdcy the Petitioner waives all notices of hearing and all published notices rcry rding the annexation of
territory of Anncxation No- 2 to the District, notice. 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 aclmoxvledged by The Petitioner That all such norices 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 expedire 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 of Pahn Springs to annex, Annexation No. 2 to 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 Proper,, including any "due -on -encumbrance" clauses
under any existing security- iisrr uneuts secured by the Property. If requested by die City, the Petitioner
agrees, ar its expense, to supply to the City, current title evidence so that the City may supply anv notice and
ballot required under the Act to annex Annexation No. 2 to The DisuicT.
9. Due -Diligence and Disclosures_ The Petitioner agrees to cooperate with the City, its
attorneys and consultants, mid provide all information and disclosures required by the City about the Special
Taxes to purchasers of the Properly 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 condirions under this
Petition, including any amount of cash deposit required to pay for The City's costs to annex: Annexation No. 2
to 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): PS Avenida Caballqxos San Rafael LLC
501-020-016
and the Property contains a total of 19.95 acres. A Delaware Ilmt II ility company
By: Ca:Zjat��ev ent Enterprises, Inc.
ByCandasey, u o¢ ed signatory
Date' �I 5�
The address of the above for r o:Hng any notice and ballor is:
PS Avenida Caballeros / San Rafael, LLC
2121 Tahquitz Canyon Way, Suite 1
Palm Springs, CA 92262
SHEET 1 OF 3
MAP OF PROPOSED BOUNDARIES OF
COMMUNITY FACILITIES DISTRICT NO.2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO.2
CITY OF PALM SPRINGS
COIM OF RIVERSIDE
STATE OF OAUFORNU
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COMMUNITY FACILITIES DISTRICT NO.2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO.2
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MAP OF PROPOSED BOUNDARIES OF
COMMUNITY FACILITIES DISTRICT NO.2DOS-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO.2
ORV OF PALM SPRINGS
COUNTYOFRNERSIOE
STATE OF CAL IPORNIA
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PUBLIC SAFETY SERVICES
Police services, firc protection and suppression services, and life safety services (the "Services")
of the City of Patin Springs required to sustain the service delivery capability for emergency and
non-cmcrgcncy services to new growth areas of the CitT of Palm Springs, including bur not
hmited to, equipmem, vehicles, ambulanets and paramedics, firc apparatus, supplies and
personnel, provided, ho\vever, that any increases in special taxes for costs rclared to employee
wages and benefits shall be hrmted as provided in the Hate and Method of Apportionment of
the Sprcial Taxcs to ftmd such Sciviccs.
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 1992, 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 'faxes 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
Seplemb,r 7. 2005 > cl�lOfpolmSPAT
Cnmm,eniD, Paailnies Diviia No. 2005 1
(Pablir SafeD, Semmes)
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 D0, 2007.
"City" means the City of Palm Springs.
"Council" means the City Council of the City of Palm Springs, acting as the legislative
body orthe 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 1 st 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.
"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 lSl
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
SepleraGer ; , 2005 _ Crfi of Palw Sp"112S
Copmwuri j, FaahWes Distfid No. W05-1
O�ulil•} So ie , Seri 0
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 Muni -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 Tar levy
to the Maximum Special Tax is equal for all Assessor's Parcels within each band Use
Class.
"Public Property" means any property within the boundaries of the District that is, at
the time of the District formation or at the time of an annexation, expected to be used for
rights -of -way, parks, schools or any other public purpose and is owned by or irrevocably
offered for dedication to the federal government, the State, the County, the City or any
other public agency.
"Public Safety Service Costs" means the estimated and reasonable costs of providing
police services and fire protection and suppression services and life safety services,
including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles,
ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City
staff that directly provide police services and fire protection and suppression services and
life safety services, respectively, and (iv) City overhead costs associated with providing
such services within the District. On each July I 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.
Sepember 7, -'005 3 001 of Pelf Sprhgr
Communin, Faakfier Disinot No. 1005-1
piblrr Saje7 , Seniced)
"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 Properly, and (iv) property designated by the City or
District Administrator as Tax -Exempt Property.
"Undeveloped Property" means, for each Fiscal Year, all Assessor's Parcels of
Taxable Property not classified as Developed Property or Entitled Property, including an
Assessor's Parcel that is designated as a remainder parcel and is not identified as
potential Public Property by any final documents and/or maps available to the District
Administrator.
"Unit" means any separate residential dwelling unit in which a person or persons may
live, which comprises an independent facility capable of conveyance separate from
adjacent residential dwelling units and is not considered to be for commercial or
industrial use-
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all 'Taxable Property within the District shall be
classified as Developed Property, Entitled Property, or Undeveloped Property. Developed
Property shall be further classified as Developed Single -Family Residence or Developed Multi -
Family Residence. Commencing with the Base Year and for each subsequent Fiscal Year, all
Taxable Property shall be subject to Special Taxes pursuant to Sections C and D below.
C. MAXIMUM SPECIAL TAN RATE
1. Developed Property
TABLE I
Maximum Special Tax for Developed Property
Community Facilities District No. 2005-1
(Public Safety Services)
September 7, 2005 4 On, of Pal= Sprisgr
Comirsni_lp Faalitier Dulnrt No. '005-1
(Pnblir Safrt , Sersires)
Maximum
Land Use Description Special Tax
Class Per Unit
I Developed Single -Family $350 per Unit
Residence
2 Developed Multi -Family S295 per Unit
Residence
On each July I 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 S500 per Unit, no
further Annual Escalation Factor shall be applied and the Maximum Special Tax
Per Unit shall not exceed $500.
2. Entitled Property
TABLE 2
Maximum Special Tax for Entitled Property
Community Facilities District No. 2005-1
(Public Safety Services)
Maximum
Land Use 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.
TAB E3
Maximum Special Tax for Undeveloped Property
Community Facilities District No. 2005-1
(Public Safety Services)
SVembrr %, "005 5 On, if P-Ln Sjr=gs
Cmm�nrni�i Po�iGtres Dtr7ntl No. -005-1
(PxGln SafeD, Senner)
Maximum
Land Use Description Special Tax
Class Per Parcel/Acre
4 Undeveloped Property $100 per
c1/4 Acre Assessors Parcel
d Undeveloped Properly $500 per Acre
>l/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 sum
of the Maximum Special Tax levies that can be imposed on all Land Use Classes
located on that Assessor's Parcel.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2006-07, and for each subsequent Fiscal Year, the District
Administrator shall calculate the Special Tar 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-Fainily 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
SLpie ber ,', '005 ----- -- -- 6 Gi , of PaAn Springy
Community FRril, ip, Dialnd No 2005-1
(PuNi[ jgpo sepires)
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 tar should be changed the Special
Tax levy shall be corrected and, if applicable in any case, a refund shall be granted.
R PXEMPTIONS
1. Residential Property
Residential Properties which annually meet one or more of the following
standards shall be exempt from payment of the Special Tax:
a. A Residential Property consisting of one or two person(s) earning $15,300
or less gross income per year, upon complying with procedures to
establish such exemption, or
b. A Residential Property consisting of three persons earning S17,900 or less
gross income per year, upon complying with procedures to establish such
exemption, or
C. A Residential Property which qualifies for either the Low Income Rate
Assistance (LIRA) exemption for electrical or gas services or the Lifeline
exemption for telephone services.
The City is authorized and directed to promulgate administrative rules and procedures for
verification of eligibility for the exemptions referred to in section F.
G. MANNER OF COLLECTION
Special Tax as levied pursuant to Section D above shall be collected in the same manner
and at the same time as ordinary ad valorem property taxes; provided, however, that the
District Administrator may directly bill the Special Tax, may collect Special Taxes at a
different time or in a different manner if necessary to meeL the financial obligations of the
District or as otherwise determined appropriate by the District Administrator.
H. TERM OF SPECIAL TAX
Every five years after the establishment of the District, the City Council may reexamine,
if deemed necessary by City Council, the necessity of the continuance of the Special Tax
through the preparation of a Fiscal Impact Analysis, otherwise the Special Tax shall be
levied in perpetuity.
Sepkmber J, 2005
Cih' of Palm Spnggr
Conmlumo Parililirr 0„r[nr! N.. -005-1
T'10?SOP, .Srruircrf
WAIVER OF CERTAIN ELECTION PROCEDURES WrOI7!ItECI?EC�T TO: ?; G
LANDOWNER VOTER ELECTIONS WITHIN AND FOR PROPERTY
PROPOSED TO BE ANNEXED INTO COMMUNITY FAG$LITIES-DTSxRICT
NO.2005-1 OF T14E CITY OF PALM SPRINGS,! i 'i L L L:.,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
TO: CITY COUNCIL
CITY OF PAL1\,1 SPRINGS
The undersigned PROPERTY OWNER, or representative thereof, does hereby CERTIFY under
penalty of perjury, that the following statements are all time and correcc
PROPERTY OWNER CONSENT AND WATVER
The undersigned is the owner or the duly aurhonzed representative of the owner or owners (the
"Owner") of that cerzan real properry identified in E.hibit "A" attached hereto and incorporated
herein by this reference ("Owner's Property"), and is legally authorized to give The consent and
waiver contained hcrcin as such owner or on behalf of such owner.
Owner is aware of, understands and agrees to the following:
A- The City- of Palm Springs (die "City") has conducred proceedings pursuant to the "DIcllo-
Roos Community Pacilnnes Act of 1992", as amended, (the "Act") to fora City of Palm
Springs Convnuniry Facilities DxSLrict No. 2005-1 (Public Scniccs) (the "Dismci') for the
purpose: of financing certain public services as described below:
PUBLIC SAFETY SERVICES
Police senices, fire protection and suppression services, and life safety services (the
"Services") of the City of Palm Springs required to sustain the senlce delivery capability for
emergency and non -emergency- scmccs 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; prondcd, however, that anp increases in special taxes for
costs related to employee wages and bcncfits shall be limited as provided in the Rate and
Method oCApportioruncnt of the Special Taxes to fund such Services.
Owner's Property is located within the proposed boundaries of die area to be annexed to the
Dnsmcr ('Annexation No. 2"). 1•CAnncsation No. 2 is annexed to the Dnstiicr, the Owner's
Prnperry will be subject to the Im-7 of the special taxes for the Disrricr (the "Special Taxes").
A copy of the proposed rare and method of appordoninent for the special tax (the "Rare and
Method") is set fordo in "Exhibit 13•' attached hereto.
B. Owner has had a reasonable opportunity to review and has reviewed the Rate and Method
of Apporvonment.
C- The Act requires, as a prerequisite to annexing territory to the District, specafically
Annexation No. 2, that the City Council adopts a resolution declaring the intention of the
City Corneal to annex Annexation No. ^_ to the District (the "Resolution of Intention"). The
Act further requares that the City' Council, in the Resolution of Intenroa, to Lx the time and
place for a public hearing on the annexation of _Annexation No. 2 to the District (thc "Public
Hearing") .which shall be nor less than thirty (30) nor more than sixty (60) days after the
adoption of The Resolution of Tnlendun. The Act further requires that notice of such
public hearing be published at least seven (7) days prior to the dare of such public hearing.
D. The Act requires, as a pmregmsre To The levy of die Special Taxes, that the District must
submit the question of whether or nor to levy such special tax to the qualified electors of the
temtoiy to be annexed to The District at a special election. The Act further provides That
nvo-di+rds (2/3's) of the vutcs cast on the question of whether or nor 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 gmhfied eleeiors shall be the voters re:gistercd to vote within the
territory proposed to be included in the District if at least twelve (12) persons, who need not
necessarily Uc the same twelve (12) persons, have been registered To vote within such
lccatory for each of the ninety (90) days preceding The close of The Public Hearing scheduled
to occur on November 15, 2006. Otherwise, The Act provides that the veto shall be by The
landowners of Territory pmpoaed io be annexed to 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 aurlaonzed representative of such owner, having one vote for each
acre or portion of an acre of Lund 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 subnutnng The proposal to consider the autho&,atun to levy the special. Taxes
pursuant to the Rare and Method on the lerritory proposed to be annexed to the District to
The qualified electors theTcof (tie "Resolution of Pormarion"). Election Code Section 4000
provides that a special election to aurhonze 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 "L^'stablished Mailed Ballot Election Dales'): (a) the first Tuesday after The first Monday
in May of cash year, (b) the: first Tuesday after tie first Alonday in March of cash cvcn-
numbered year or (c) die Last Tuesday in August of each year. The Act provides, however,
that any such special election Time limit specified by the Act or requirement perraimng 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 slated
below, it is proposed dear such special election (the "Special Election") shall be held an
November 15, 300G, a date which will be less than ninety (90) days from The date of The
Public Hearing and nor on a date specified in Elections Code section -1000.
3. Owner has had a reasonable opportunity to consult with and to be advised by Owners legal counsel
regarding the matters contained in this docmnenr and The exhibits hereto.
g. Owner certifies chat there have been no persons residing and registered to vote within The Owncr's
Properly foT each of the ninety (90) days preceding the data of This Consent and Waiver.
5. Owner desires and requests that die special election be held on November 15, 2006, or such other
date as the Owner and the City Clerk of The City (doe "Cut), Clerk'), acting as the official conducting
the election, may mutually agree, a date which may be less than ninety (90) days from the dare of The
adoption of the Resolution of Annexation.
6. Owner expressly consents (a) to the eonduer of The public hearing on November 15, 2006, and (b) to
the conduct of the Special Election on November 15, 2006, or such other dart upon which all of The
qualified electors and The City Clerk conducing the election may concur.
Owner expressly waives
A. any right which Owner may have to have the. Public Hearing conducted and notice of the
Public Hearing given uiihin the time periods and in accordance with the manner specified in
Government Code Sections 53321 and 53322;
13. any right which Owner may have for the Special Election to be conducted witbin the time
periods specified in Government Code Section 53326;
C. any right which Owner may have for the Special Election to be conducted on a dare
specified in Elections Code Section 4000;
D. any protest, compl.,iiir or legal action of any narure wharsoever pertaining ro The shortening
of all time periodti pertaining to (a) the Public Hearing and notice thereof and (b) the Special
Election, ineludtng 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
Elcct'ion;
E. any requirement for. the mailing of the ballot;
F any requirement for the preparation of ballot arbrmlcnts, rebuttal aigears and/or an
imparoal analysis as to dae ballot propositions set forth in Exhibit C.
S. Owner expressly consents io (a) the proposed levy of special taxes within .Annexation No. 2 pursuant
m the provisions of the Act and the rate and method of apportionment of special taxes to finance
the services described above and (b) establish in .Article IIIIB appropriations limit equal to
$F115,500,000.
PROPERTY OWNER APPOINTMENT OF AUTHORIZED REPRESENTATIVES
'1Thc owner hereby appoints or , alternatively,
as its authorized rcprescntatxvc to vole in the Special Election, and die owner certifies that ncc true and exact
signature of each alremativc representative is set forth below:
Signar=e (Type or Print Name of Rcpres'cntalivc)
Signature il'ypc or print Name of Representative)
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
THIS CONSENJ. kND WAIVER AND APPOINTMENT Qp THQRT"/_ED REPRESENTATIVES
Wasctiecuted dms /day of f _ 2006, in ak',✓ California.
PS Avenida CaballerTa San Rafael LLC
A Delaware limite 'ab"I' ompany
By: California vel t Enterprises, Inc.
By:
Candace ey, uthorize Si natory
Data r/Uc 4
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 die Owner, please fill in die name of the Owner on the line provided below'
(Tppc Of pmat namc of the Owner)
u915dripal C1329819 WTI) 9 3:71 ry
The land referred to is sitnatcd in the Counry of Riverside, Citv of Palm Springs, Slate of California and is
described as follows the followmg assessor Parcel Number(s)
501-020-016
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO.2005-1
(PUBLIC SAFETY SERVICES)
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 Memorandum of
Understanding for the fiscal year of the Special Tay. 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
Sc,plembrr 7, -005 1 Cite n,f Polm Sp ings
Comm; ..iIy DG7rir1 No. 7005-7
(Pxbrie srrfd�star,Ns)
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
bodv 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.
"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 i st 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 I"
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
September 7, 2005
city of PaIM Sprsngr
Commumio, Fadinier Dislu t No. 2005-1
(Pubhe Safety Senved
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 I 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 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, (H) 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 finding for police,
fire and life safety services.
SLprember 7. 2005 3 Gj, of Palm S)rw
eommruridy Pacilikes Dirlra No. 20054
(Prdlir.Sgft, Semmes)
"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 Tories 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-Excmpt Property.
"Undeveloped Property" means, for each Fiscal Year, all Assessor's Parcels of
Taxable Property not classified as Developed Property or Entitled Property, including an
Assessor's Parcel that is designated as a remainder parcel and is not identified as
potential Public Property by any final documents and/or maps available to the District
Administrator.
"Unit" means any separate residential dwelling unit in which a person or persons may
live, which comprises an independent facility capable of conveyance separate from
adjacent residential dwelling units and is not considered to be for commercial or
industrial use.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all Taxable Property within the District shall be
classified as Developed Property, Entitled Property, or Undeveloped Property. Developed
Property shall be further classified as Developed Single -Family Residence or Developed Multi -
Family Residence. Commencing with the Base Year and for each subsequent Fiscal Year, all
Taxable Property shall be subject to Special Taxes pursuant to Sections C and D below.
C. MAXIMUM SPECIAL TAX RATE
1. Developed Property
TABLE 1
Maximum Special Tax for Developed Property
Community Facilities District No. 2005-1
(Public Safety Services)
SJ5An7b,r 7, 2005 4 On, of P-Ln SP 1,9s
Corimtw jr Paalrnes Dutnrt No. J005-1
(Public Safeo, Serve,)
Maximum
Land Use Description Special Tax
Class Per Unit
I Developed Single -Family $350 per Unit
Residence
Developed Multi -Family $295 per Unit
Residence
On each July 1 rollowing 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 5500.
2. Entitled Property
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 5500 per
acre or portion thereof, with a minimum rate of 5100 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)
3eptelvber 7, 2005 S Cite of Palm Sprin s
Camimnrrp, Farllitrer Disma No. 2005-1
(PrrGG'r Saf), Seaver)
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.
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.
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 Properly 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
leery of the Special Tax. This notice is required to be filed with the District Administrator
Siprember I, 3005
Gry of palm Sprmgr
CommusiD, Farilities Dwr rid No, 2005-1
(P;d�lir .Safr1�.Scndrei�
F
G.
PH
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.
EXEMPTIONS
1. Residential Property
Residential Properties which annually meet one or more of the following
standards shall be exempt from payment of the Special Tax:
a. A Residential Property consisting of one or two person(s) earning $15,300
or less gross income per year, upon complying with procedures to
establish such exemption, or
b. A Residential Property consisting of three persons earning $17,900 or less
gross income per year, upon complying with procedures to establish such
exemption, or
C. A Residential Property which qualifies for either the Low Income Rate
Assistance (LIRA) exemption for electrical or gas services or the Lifeline
exemption for telephone services.
The City is authorized and directed to promulgate administrative rules and procedures for
verification of eligibility for the exemptions referred to in section F.
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.
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.
Seplember,', 2005
7 On, of Palm Spnnsr
Cammmmr FaaGdes Disirlet No. 2005-i
(Pubbe Safety, Smwres)
yid 31 T71 I.77 :lin f � Ci7 f i hTi f b7.�i i f'.7 �O
PROPOSITION A. Shall special iaxty lie levied annually on taxable property within Annexation No. 1 of
the City of Palma Springs Community Facilities District No. 2005.1 (Public Safely Services), Counry of
Riverside, State of California (ncc "Distncr"); and ro levy and collecr such special rages so long as the 5pccial
taxes are needed to pay for police services, fire protection and suppression servicesat the special tali rates and
puzsumir ro the method of apporuoning the special taxes set forth in Lxbibir "B" to the Resolution of
Formation (Resolution No. 21428) adopted by the City Council of The City of Pahn Springs on Ocrobez 19,
2005?
PROPOSITION R: Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article YIIIB
of the California Constitution, be established far Annexation No. 1 of the City of Palm Springs Community
Facilities Dishier No. 2005-1 (Public Safety Services), County of Riverside, Sufic of California, in the amount
of $115,500,000?
0
iry err„ �},Cn
PETITION
2006S=° 2.23
Regarding Proceeding for Annexation of Territory to Community F cilities,
District No. 2005-1 Public Safe Services and Related Matter's
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 institute proceedings to annex territory, including the property identified and
described in Exhibit "A", to Community facilities Districr No. 2005-1 (Public Safety Services) (the "District'?
within the City of Palm Springs and related matters pursuant to the Mello -Roos Community Facilities Act of
1952, commencing with Section 53311 of die California Government Code of the State of California (die
"Act', and it states as follows:
L Petitioner. This Petition is submitted by the person (the "Petitioner") (whediex one or
more) identified below as or for the record ownex(s) of the paxcels of land identified below (the "Property")_
The undersigned warrants to the City of Palm Springs that the Petitioner is such owrher, or is a legally
authorized representative of such owner(s), and that such ownership constitutes ownership of more than 1040
of the property to be annexed, 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 annex territory to the District and to levy special Lacs therein for the purpose of financing
all or part of the public services (die "Services') shown in Exhibit "B" attached hereto and made a part
hereof.
3. Boundaries. This Petition asks that the tenitorv, to be included in the boundaries of the
annexation, consist of that shown on a map of the proposed boundaries of Annexation No. 2 filed with the
City Clerk of the City of Palm Springs and which map is attached hereto as Exhibit "A" mid 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 Rau and
Method of Apportionment of Special Talcs attached hereto as Exhibit "C" and made a part hereof, which
Rare and Method has previously° been adopted by die City Council of the City of Palm Springs to be used by
the City for the levy of Special Taxes in die District and any future annexations to The 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. 2, 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 sane meeting of the City Council. as the public hearing for Annexation No. 2 to the
District under the Act or as soon Thereafter as possible.
7. Waivers. To expedite the completion of Tie proceedings for Annexation No. 2 to die
District, the Petitioner waives all notices of hearing and all published notices regarding tic annexation of
territory of Annexation No. 2 to The District, notices of election, applicable waiting periods under die 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 Pctirioncr that all such notices are for the benefit of the Petitioner and may be
wavcd. 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.
S. Authority Warranted. The Peuboner warrants to the City that the presentation of tins
Petition, any waivers contained herein, casting of ballots at the property owner election and other actions
mandated by the City of Palm Springs to a=x Annexation No. 2 to die District shall not constitute or be
construed as events of default or delinquencies under any existing or proposed financing docuunents 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 =dence so that the City may supply any notice and
ballot required under the Act to annex Annexation No. 2 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 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 dus
Petition, including any- amount of cash deposit required to pay for the Cir5es costs to annex Annexation No. 2
to the District. By executing this Petition, the Petitioner agrees to all of the above.
Tile Property is Riverside County The Petitioner (record owdacr) is:
Assessor Parcel No(s): ,.
677-030-032 ""
and the Property contains a total of 21.53 aces. BY;
i u
i
rJ��y�6S 2iaY�
The address of flu above for receiving anv notice and ballot is:
Fred Razzar
Director of Agua Caliente Development Authority
901 E. Taltquitz Canyon Way, Suite C-204
Palm Springs, CA 92262
SHEET OF
MAP OF PROPOSED BOUNDARIES OF
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO.2
CITY OF PALM SPRINGS
COUNTY OF RIVERSIDE
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PUBLIC SAFETY SERVICES
Police senices, fire protection and suppression services, and life safety- seances (the `Services')
of the Czry of Palm Springs required to sustain die service delivery capability for emergency and
non-cmergrncy* seances to new gro%vrh areas of the City of Palm Springs, including but not
limited to, equipment, vehicles, ambulances and paramedics, fire apparatus, supplies and
personnel; provided, however, that any increases m special taxes For costs related to employee
umgcs and benefits shall be limited as provided in the Rate and Method of Apporttonment of
the Special Tacos to fund such Services.
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 (thc "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
"Acte 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 instruna mt 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 lnnired 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
pzoportionare 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 CPT 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 (wzvw.dinca.gov/dlsr). If the foregoing index is not available,
the CFI] Administrator shall select a reasonably comparable index.
September 7, 2005 1 Ciy ofPaIM Spriirgs
Comma&r , Faaffies DisMefNa 2005-1
(Nblle Safety S�nwes)
"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 Palin Springs, acting ns the legislative body
of the District.
"County" means the County of Riverside, California
"Developed Multi -Family Residence" means ill Assessor's Parcels of Developed
Property for which a building permit has been issued for purposes of constructing a
residential stricture consisting of two or mote 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.
"Frititled 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" sball
apply only to Assessors' Parcels and/or Lots, which have been subdivided for the purpose
of residential dcvelopmenr, 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 Asscssox'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.
Septembrr 7,200,5 --- 2 — CiO, nf'PaGn Springs
CammunrryPaalitin DirtrdNo. d005-/
(Nb& S_J/ D, Sers ires)
"Fiscal Year" means the period starting July 1 and ending on the following June 30
"Land Use Class" means an}' of the classes listed in Table 1.
"Lot" means propczty 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 Distnct 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 owncz 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 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 Ere 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, Ere apparatus, supplies, (ih) 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 Requitement, 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; (i) pay reasonable Administrative
Lxpcnses; (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
September 7, �-005 3 01 ofPahl; Spriims
Cnnnmurity Fuci&w District No. 2005.1
(Puhh, Safety senves)
Special Taxes levied in the previous Fiscal Ycar; 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 arc not exempt from the Special Tax
pursuant to law or as defined herein.
"Tax -Exempt Property" means an Assessors Parcel not subject to the Special Tax. Tax-
Eaernpt Property includes: (i) Public Property, (ii) Property Owner Association Property, (iii)
Non -Residential Property, and (iv) property designated by the City or District Administrator
as Tax -Exempt Property.
"Undeveloped Property" means, for each Fiscal Year, all Assessor's Parcels of
Taxable Property not classified as Developed Property or Entitled Property, including an
Assessor's Parcel that is designated as a remainder parcel and is not identified as potential
Public Property by any final documents and/or maps available to the District Administrator.
"Unit" means any separate residential dwelling unit in which a person or persons may live,
which comprises an independent facility capable of conveyance separate from adjacent
residential dwelling units and is not considered to be for commercial or industrial use.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above., all Taxable Property within the District shall be
classified as Developed Property, Entitled Property, or Undeveloped Property. Developed Property
shall be further classified as Developed Single -Family Residence or Developed Nluld-Family
Residence. Commencing with the Base Ycar and for each subsequent fiscal Year, all Taxable
Property shall be subject to Special'faxes pursuant to Sections C and D below.
C. MAXIMUM SPECIAL TAX RATE
I. Developed Property
TABLE 1
Maximum Special Tax for Developed Property
Community Facilities District No. 2005-1
(Public Safety Services)
Maximum
Land Use Special Tax
Description
Class Per Unit
1 Developed Single -Fan ly
Residence
Developed Nlulti-Family
Residence
Seplember7, 2005 4
$350 per Unit
$295 per Unit
City of pabW Springy
Comnuni�r Fanlities Distnd 1\To..005-1
(Pub& Safely Seni.er)
On each July 1 following the Base Year (i.e., July 1, 2007), the Maximum Special Tax
Rares 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 Maximtun Special Tax Per Unit
shall not exceed $500.
2. Entitled Property
TABLE 2
Maximum Special Tax for Entitled Property
Community Facilities District No. 2005-1
(Public Safety Services)
Maximum
Land Use Description Special Tax
Class Per Lot
3 Entitled Property $100 per Lot
No Annual Escalation Factor shall be applied to the Maxvnwia Special Tax Per Lot for Entitled
Property-
3. Undeveloped Property
September 7, 2005
Undeveloped Property will be assigned a Maximutn Special Tax Rate of $500 per
acre or portion thereof, with a m nimu n 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
1 Undeveloped Property
51 /4 Acre
5 Undeveloped Property
>1/4 Acre
5
$100 per
Assessors Parcel
$500 per Acre
City OOfPalur Springs
Cbnanunity Facilities Dtsttia Na. 2005-1
(Public Safety Serisnrs)
No Annual Escalation Factor shall be applied to the Maximum Special Tax Per Parccl/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 conta n 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 unposed ou 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 Acquirement 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 Assessors 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 Assessors Parcel of Undeveloped Property up
to 1009/6 of the applicable Maximum Special Tax for Undeveloped Property.
E. APPRAi.S
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
I. Residential Property
Residential Properties which annually meet one or more of the following standards
shall be exempt from payment of the Special Tax:
Seplexber7. d005 6 City afPalgl Sprirgr
Cvnmrrvrif , Faa&,ier Vzi lrG! No. 2005.1
(Pvbhe Safety, S,,,,re,)
a. A Residential Property consisting of one or two person(s) earning 515,300 or
less gross income per year, upon complying with procedures to establish
such exemption, or
b. A Residential Properry 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 ptomulgate administrative ides 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 titre as ordinary ad ralorenr property taxes; provided, however, that the District
Administrator may directly bill the Special Tax, may, collecr 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 Administraror.
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, othenise the Special Tax shall be levied
in perpetuity.
SepfenrGer 7, 2005 7 City of Pawn Springs
Coiwnnniry Facilities Dis,na No. 5005• /
(N&ir Safely Services)
WAIVER OF CERTAIN ELECTION PROCEDURES WITH RESP_'g+nr�TC) 3 C;. T; I G, z
LANDOWNER VOTER ELECTIONS WITHIN AND FOR PROPERTY
PROPOSED TO BE ANNEXED INTO COMMUNITY FACILITIES DISTgrCT; ; (, = i
NO.2005-1 OF THE CITY OF PALM SPRINGS, C I i 'c
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
TO: CITY COUNCIL
CITY OF PALA2 SPRINGS
The undersigned PROPERTY OWNER, or represcntanvc 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 die owner or owners (the
"Owner") of That certain real property identified iu Exhibit "A" arraclhed herero and incorporated
herein by this reference ("O«mer's Propciry"), 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) (die "District") for the
purpose of financing terrain public services as described below:
PUBLIC SAFETY SERVICES
Police services, Fre 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 nor limited to, egtnpmcnt, vehicles, ambulances and paramedics, rite 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 prodded in the Rate and
Method of Apportionment of the Special Taxes to fund such Services.
Owner's Propexty is located within the proposed boundaries of the area to be annexed to the
District ("Annexation No. 2"). If Annexation No. 2 is annexed to the Dismct, The Owner's
Property will be subject to the levy of die special taxes for the District (die "Special Taxes").
A copy of The proposed rate and method of apporuownent for the special tax (the "Rate and
Method") is set forrh in "Exhibit 13" 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. 2, That the City Council adopts a resolution declaring the intention of the
City Council to annex Annexation No. 2 to the District (the "Resolution of Intention"). The
Act further requires that the City Council, in die Resolution of Intention, to fin the time and
place for a public hearing on the annexation of Annexation No. 2 to 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 dace of such public hearing.
D. The Act requites, 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 ui favor of die levy of such special tax if die levy of such special tax is to be
authorized
The Act provides that the qualified electors shall be the voters registered to vote R1dnn the
tmiroryproposed to be included in the District if ar least twelve (12) persons, who aced 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 November 15, 2006, Otherwise, die Act provides that the vote shall be by the
landownus of territory proposed ro be annexed to the District which will be subject to the
levy of the special tax, with each such landowner who is die owner of record at the close of
the Public Hearing, or die authorized representative of such owner, hating one vote for each
acre or portion of an acre of land that such landmviher owns within the proposed territory to
be =cxcd to the Dhstact.
F. The provisions of the Act require that such special election be held at least ninety (90) bur
not more than one hundred eighty days (190) following die dare of the adoption of the
resolution submitting die proposal to consider the authorization to levy the special taxes
pursuant to the Rate and Method on the territory proposed to he annexed to the District ro
the qualified electors thereof (the "Resolution of Formation"). Election Code Secdon 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 fast Tuesday after the first Monday
in May of each year, (b) the first Tuesday after to first Monday in March of each cvcn-
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 vwdved 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
November 15, 2006, a date wNch 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 bad a reasonable opportunity to consult with and to be advised by Ownci s legal counsel
regarding the matters contained in this document and the exhibits hereto.
4. Owner certifies that there have been no persons residing and registered to yore within the Owner's
Property for each of the ninety (90) days preceding the dare of this Consent and Waiver.
5. Owncr desires and requests that the special election be held on November 15, 2006, or such other
date as die Owner and the City Clerk of the City (the "City Clerk"), acting as the official conducting
the election, may mutually agree, a date winch may be less than ninety (90) days from the date of the
adoption of the Resolution of Annexation.
6. Owner expressly consents (a) to the conduct of the public hearing on November 15, 2006, and (b) to
the conduct of the Special Election on November 15, 2006, or such oilier dare upon which all of the
qualified electors and die City Clcrk conducting the election may concur.
Owner expressly waives:
A. any right which Owner may have to have the Public IIearing conducted and notice of the
Public Hearing given within the time periods and in accordance with the manner specified in
Govemment Code Sections 53321 and 33322;
B. any right which Owner may have for die Special Election to be conducted widen the time
periods specified in Goveminenr Code Section 53326;
C. any tight which Dmiar may have for the Special Election to be conducted on a date
specified in Elections Code Section 4000;
17. any protest, complaint or legal action of any nature whatsoever pertaining to the shortening
of all time periods pertaining to (a) the Public I Icanng 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 die ballot,
F. any requirement for the preparation of ballot arguments, rebuttal arguments and/or an
impartial analysis as to the ballot propositions set forth in Exhibit C-
S. Owner expressly consents to (a) the proposed levy of special taxes widen A=xarion No. 2 pursuant
ro the provisions of the Act and the rate and method of apportionment of special taxes ro finance
the services described above and (b) establish an Article YIIIB appropriations bnnt equal to
$115,500,000.
THIS CONSENT AND WAIVER AND APPOINTMENT OP AUTHORTZEID REPRESENTATTVES
c•
was executed this ` clay of -5-0 -ifl , 2006, in cr �N . J `;rWilu,� ° .California.
i
(Signature)
&AeamA LYDQ"s
Type or Print Name of Signor
If the person executing this document is not the Owner for which this documenr is being subimtted but is
signing for and on behalf of the Ownex, please fill in the nine of the &wmcr on the line prodded below:
74 )n Cft(m-,� 6s v o cr CA-v-m L c f J--Ntgc fwl J
(Type or print name of the Owner)
1 U oGYN;7I91 V Weg@] a %RTS) 9 0104 614
The laid referred ro is snruared in dhe Counry of Riverside, Cnrl+ of Pahn $prings, $tare of California and is
dcscnbcd as follows the following Assessor Parcel Numbcr(s):
677-030-032
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 Safery 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 appoitionmcnt of ncc 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.
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 nor 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 Parccl 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 Tide 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 seances 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 dctemuncd 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 Angelcs-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.
Sepleivber7, :005 1 ci1v afPak"a Spnirgr
Connnaxo, Fa h; lter Diilnd No. 2005d
(Nhhr Safely Services)
"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 nor 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.
"District" means Cormnunity 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 trt<1ps available to the District Administrator.
"Final Map" means an Assessor's Parcel Map, a final subdiiision 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.
Scblemj;er 7, 2005
Crgr of Palm Spmig,
Conmirrnitl, I'o rlilies Damc7 No. 2005-1
(R-iblie Sofav Servieer)
"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 I -
"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" meatis 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 Muld-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 ins. 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 properry within the boundaries of the District that is, at the
time of the District formation or at the time of an annexation, expected to be used for
rights -of way, parks, schools or any other public purpose and is owned by or irrevocably
offered for dedication to the federal government, the State, the County, the City or any other
public agency.
"Public Safety Service Costs" means the estimated and reasonable costs of providing
police services and fire protection and suppression services and life safety services, including
bur not limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances
and paramedics, fire apparatus, supplies, (iii) die 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; (W) 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
Seplemlrer 7, 2005 3
City nfPatm Spngs
Cumnrurily Facilities District No. 2007-1
(Public Safety Seniiws)
Special Taxes levied in the previous Fiscal Year; less any surplus of funds available from the
previous Fiscal Ycar's Spccial Tax levy.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parccls 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 nor subject to the Special Tax. Tax -
Exempt Property includes: (i) Public Property, (ii) Property Owner association Property, (ii)
Non -Residential Property, and (iv) property designated by the City or District Administrator
as Tax-Excmpt Property -
"Undeveloped Property" means, for each Fiscal Year, all Assessor's Parcels of
Taxable Property not classified as Developed Property or Entitled Property, including an
Assessor's Parcel that is designated as a remainder parcel and is not identified as potential
Public Property by any final documents and/or maps available to the District Administrator.
"Unit" means any separate residential dwelling unit in which a person or persons may live,
which comprises an independent facility capable of conveyance separate from adjacent
residential dwelling units and is not considered to be for commercial or industrial use.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all Taxable Property within the District shall be
classified as Developed Property, Entitled Property, or Undeveloped Property. Developed Property
shall be further classified as Developed Single -Family Residence or Developed Multi -Family
Residence. Commencing with the Base Year and for each subsequent Fiscal Year, all Taxable
Property shall be subject to Special Taxes pursuant to Sections C and D below.
C. MAXIMUM SPECIAL TAX RATE
1. Developed Property
TABLE 1
Maximum Special Tax for Developed Property
Community Facilities District No. 2005-1
(public Safety Services)
Maximum
Land Use Special Tax
Description
Class Per Unit
Developed Single -Family
Residence 5350 per Unit
Developed Multi -Family $295 per Unit
Residence
So-rmber'. =005 4 GD, of Palm Sj57i14g,
Commyadl , Fdtilifi s Diflria No, 2005-1
m,,ye, Ssfeh, S,,vias)
On each July 1 following the Base Year (i.c., 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 5500 per Unit, no further
Annual Escalation Factor shall be applied and the Maximum Special Tax Per Unit
shall nor exceed 9$500.
2. Entitled Property
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
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 $$500 per
acre or portion thereof, with a minimum rare of ?$100 for Undeveloped Property less
than or equal to one -forth (1/4) of an acre as described in Table 3.
TABLE 3
Maximum Special Tax for Undeveloped Property
Community Facilities District No. 2005-1
(Public Safety Services)
Maximum
Land Use Description Special Tax
Class Per Parcel/Acre
Undeveloped Property $$100 per
51/4Acre Assessors Parcel
Undeveloped Property 5500 per Acre
>1/4 Acre
Septemb,r 7, 2005 5 Cij, ofPalm Spnngr
Commuaih' Faa4l7er Dirtrir! No. 2005-1
(Pub& Safe!), S�•rnicerJ
No Annual Escalation Factor shall be applied to the Mfiximum Special Tax Per Parcel/Acre
for Undeveloped Property.
4. Tax -Exempt Property
No Special Tax shall be levied on Tax -Exempt Property.
5. Multiple Land Use Classes
In some instances an Assessor's Parcel may contain more than one Land Use Class.
The Maximum Special Tax levied on an Assessor's Parcel shall be the sum of the
Maximum Special Tax levies that can be imposed on all Land Use Classes located on
that Assessor's Parcel.
D, METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2006-07, and for each subsequent Fiscal Year, the District
Administrator shall calculate the Special Tax Requirement based on the definitions in
Section A and levy the Special Tax as follows until the amount of the Special Tax levied
equals the Special Tax Requirement. First, the Special Tax shall be levied each Fiscal Year on
each Assessor's Parcel of Developed Property Proportionately between Developed Single -
Family Residence and Developed Multi -Family Residence up to 100% of the applicable
Maximum Special Tax. Second, if the Special Tax Requirement has not been satisfied by the
first step, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of
Entitled Property up to 100% of the applicable Maximum Special Tax for Entitled Property.
Lastly, if the first two steps have not satisfied the Special Tax Requirement, then the Special
Tax shall be levied each Fiscal Year on each Assessor's Parcel of Undeveloped Property up
to 100° o 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
I. Residential Property
Residential Properties which annually meet one or more of the following standards
shall be exempt from payment of the Special Tam
September', 2005 6 Cite ofPatni Spmiga
Ckwvxt i Facilities District No. 2005-1
(Public Sn ery Seniivs)
a. A Residential Property consisting of one or nvo person(s) earning S15,300 or
less gross income per year, upon complying with procedures to establish
such exemption, or
b. A Residential Property consisting of tbree persons earning 517,900 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 Ciry is authorized and directed io promulgate administrative rules and procedures for
verification of cligihility 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 tie 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 die 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, othervse the Special Tax shall be levied
in perpertuty.
September 7, 2005 Ci-)' of Paltv Sfimgs
Connnrnrr_fi Faablier Drrtria No. 2005-1
(Pabbr Safety Smires)
SAMPLE BALLOT MEASURE
PROPOSITION A: Shall special tales be lcNYcd annually on taxable property within Annexation No. 1 of
the City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services), County of
Riverside, State of California (the "Distact'); and to Icvy and collect such special taxes so long as the special
taxes are needed to pay for police services, fire protection and suppression services at the special tat rates and
pursuant to the method of apportioning the special taxes ser forth in ENlubit `93" to the Resolution of
Formation (Resolution No. 21428) adopted by the City Council of the City of Palm Springs on October 19,
2005?
PROPOSTTION B; Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB
of the Califomia Constitution, be established for Annexation No. 1 of the City of Palm Springs Community
Facilities District No. 2005-1 (Public Safety Services), County- of Riverside, State of California, in die amount
of $115,500,000?
PETITION
Regarding Proceeding for Annexation of Territory to CR}h kitunity Facilities
District No. 2005-1 (Public Safety Services) anti' Relate [I Matters
To the Honorable City Council,
CITi OF PALM SPRINGS
3200 EAST TAHQUITZ 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 "Dismce)
within the City of Palm Springs and related matters pursuant to the Mello -Roos Community Facilities Act of
1982, commencing with Section 53311 of the California Government Code of the State of California (the
"Act'"), and it states as follows:
1. Petitioner. This Petition is submitted by the person (die "Petitioner") (whether one or
more) identified below as or for the record owner(s) of the parcels of land identified below (the "Property").
Thu undersigned warrants to the City of Palm Springs 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 109,a
of the property to be annexed, 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 annex territory to the District and to levy special taxes therein for the purpose of financing
all or part of the public services (the "Services''D shown in Exhibit "B" attached hereto mid made a part
hereof.
3. Boundaries. This Petition asks that the Territory, to be included in die boundaries of the
annexation, consist of that shown on a map of the proposed boundaries of Annexation No. 2 filed with the
City Clerk of the City of Palm 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 Pettonet agrees that it has reviewed and approves the Rare and
Method of Apportionment of Special Tmxes attached hereto as Exhibit "C" and made a part hereof, which
Rare and Method has previously- been adopted by the City Counctl oC the City of Palm Springs to be used by
The City for the levy of Special Taxes in the District and any future annexations to the 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 ustablish any appropriations limits for Annexation No. 2, be conducted by the City of
Pahn 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. 2 to the
District under the Act or as soon thereafter as possible.
7. Waivers. To expedite die completion of die proceedings for Annexation No. 2 to the
District, the Petitioner waives all notices of hearing and all published notices regarding The an=arion of
territory of Annexation No. 2 to Tie Districr, notices of election, applicable waiting puriods under the Act for
the holding of any public hearing and for election and all ballot arguments and analysis for the election, it
being aclmowledged by die Petitioner drat all such notices arc 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 Wartanted. 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 of Palm Springs to annex Annexation No. 2 to 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 "duc-on-encumbrance" clauses
under any existing security insununcnts 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 tequired under the Act to annex Athnexarion Nq. 2 to die District.
9. Due -Diligence and Disclosures_ The Petitioner agrees to cooperate v+ith the City, its
attorneys and consultants, and provide all information and disclosures required by die 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 ahp of the actions and condruons undex this
Petition, including any amount of cash deposit required to pay for the City's costs to annex Annexation No. 2
to the District. By executing this Petition, the Petitioner agrees to all of the above.
The Property is Riverside County
Assessor Parcel No(s):
502-530-001to 502-530-003
502-530-007 to 502-530-039
502-530-073
502-540-001to 502-540-040
502-540-061to 502-540-062
502-340-077
502-541-027to 502-541-082
502-541-084
and the Property contains a total of 24 acres
The Prdt� ei re, Orel 0 Y _
lhv:.•�JG�N�S l ivN�Gi�A.�i
fIL'7HL'lf! 7-e
The address of the above for receiving any notice and halloo is
Aqua Palm Springs, LLC
PO Box 1587
Palm Springs, CA 92263
MAP OF PROPOSED BOUNDARIES OF
COMMUNITY FACILITIES DISTRICT NO.2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO.2
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STATE OF CAUFORNIA
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PUBLIC SAFETY SERVICES
Police services, fire protection and suppression services, and Ve safety services (the "Services")
of the City of Patin Springs required to sustain the smn-ice delivery capabiliry 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, 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.
CITY OF PALM SPRINGS
COMMUNITY FACILIITIES DISTRICT NO.2005-1
(PUBLIC SAFETY SERVICES)
RATE AND ME, TIIOD 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.
rsVENW11-33XV"11WR
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 (CPT) 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 CPT 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.bov/dlsr). If the
September i, 2005 — -- - --- l - C01 of Pabw Spr"191
Commxmo Faa&ier Distrid No. 2005-/
(Pxblir Safety Snmces)
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 detennining 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 IA 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 I"
preceding the Fiscal Year in which the Special Tax is being levied. The term "Entitled
Property" shall apply only to Assessors' Parcels and/or Tots, which have been subdivided
for the purpose of residential development, excluding any Assessor's Parcel that is
Scbivvjbir 7, 2005 2 061 of Pak; Springs
Connmutdn, Facilities Drstrlrt No. 2005-1
(Pablir Safe ), Se ixs)
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 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.
September 7, 2005 3 -- `•��-�� � — 00, of RIAN Spmgs
Camvv,d�, F&dlikes Distcet No. fOU-1
(Pitbla• S. f tt, Se L")
"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 'faxes 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 zo the Special Tax.
Tax -Exempt Property includes: (i) Public Property, (ii) Property Owner Association
Property, (iii) Non -Residential Property, and (iv) property designated by the City or
District Administrator as Tax -Exempt Property.
"Undeveloped Property" means, for each Fiscal Year, all Assessor's Parcels of
Taxable Property not classified as Developed Property or Entitled Property, including an
Assessor's Parcel that is designated as a remainder parcel and is not identified as
potential Public Property by any final documents and/or maps available to the District
Administrator.
"Unit" means any separate residential dwelling unit in which a person or persons may
live, which comprises an independent facility capable of conveyance separate from
adjacent residential dwelling units and is not considered to be for commercial or
industrial use-
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all Taxable Property within the District shall be
classified as Developed Property, Entitled Property, or Undeveloped Property. Developed
Property shall be further classified as Developed Single -Family Residence or Developed Multi -
Family Residence. Commencing with the Base Year and for each subsequent Fiscal Year, all
Taxable property shall be subject to Special Taxes pursuant to Sections C and D below.
C. MAXIMUM SPECIAL TAX RATE
1. Developed Property
TABLE
Maximum Special Tax for Developed Property
Community Facilities District No. 2005-1
(Public Safety Services)
September i, 2005 4 Cin, of Patin .Spri�rgr
Covrmrmity FadhWes Dattrit No. 2005-1
(Pnblie Sgfeg, Senscgr)
Maximum
Land Use Description Special Tax
Class Per Unit
1 Developed Single -Family $350 per Unit
Residence
Developed Multi -Family
Residence $295 per Unit
On each July 1 following the Base Year (i.e., July 1, 2007), the Maximum Special
Tax Rates in Table 1 shall be increased in accordance with the Annual Escalation
Factor- Once the Maximum Special Tax Per Unit is equal to $500 per Unit, no
further Annual Escalation Factor shall be applied and the Maximum Special Tax
Per Unit shall not exceed $500.
2. Entitled Property
IkEIt30W
]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)
SHIP/)IGPP 7, ZOOS 5 00 ofPaAN Syri,).gs
Conuvivin.y Facilities Distdd No. 2005-7
(Pid,& Sfery Serives)
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.
4. Tax -Exempt Property
No Special Tax shall be levied on Tax -Exempt Property.
5. Multiple Land Use Classes
In some instances an Assessor's Parcel may contain more than one Land Use
Class. The Maximum Special Tax levied on an Assessor's Parcel shall be the sum
of the Maximum Special Tax levies that can be imposed on all Land Use Classes
located on that Assessor's Parcel-
D. METIIOD 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
September 7, 2005 6 City of Pablr Synugr
Colwxunity fad&ies Distnd No .:005.1
Tabkr Safety Sereurerf
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 515,300
or less gross income per year, upon complying with procedures to
establish such exemption, or
b. A Residential Property consisting of three persons earning $17,900 or less
gross income per year, upon complying with procedures to establish such
exemption, or
C. A Residential Property which qualifies for either the Low income Rate
Assistance (LIRA) exemption for electrical or gas services or the Lifeline
exemption for telephone services_
The City is authorized and directed to promulgate administrative rules and procedures for
verification of eligibility for the exemptions referred to in section F.
G. MANNER OF COLLECTION
Special Tax as levied pursuant to Section D above shall be collected in the same manner
and at the same time as ordinary ad valorem property taxes; provided, however, that the
District Administrator may directly bill the Special Tax, 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 7 Cirjr of Palm Sprig]
Comnm nr , Fndlides Drslria Na "005-1
(P;iblrc Sdfal, S'ry "r)
WAIVER OF CERTAIN ELECTION PROCEDU SW1,rU -I USPECT TO
LANDOWNER VOTER ELECTIONS WI"CF�II�AI�D FOR PROPERTY
PROPOSED TO BE ANNEXED INTO COMMUNITY FACXLIT IRS DISTRICT
NO. 2005-1 OF THE CITY OF PALM SPRTI�IGS; " "
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:
Y7Zi77�l;ii•L�I�'�i�1�I:ZKU�(��1►Y1F.101Ilk UV AW0S
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 awate of, understands and agrees to the following:
A. The City of Palm Springs (the "City") has conducted proceedings pursuant to the "Mello -
Roos Community Faciliues Acr of 1982", as aincnded, (the "Act' to form City of Palm
Springs Community Facilities District No. 2005-1 (Public Sen^ices) (the "District") for the
purpose of financing certain public services as described below.
Police services, fire protection and suppression services, and life safety services (the
`Services") of the City of Palm Springs required to subtain the senate delivery capability for
emergency and non -emergency services to new grouvrh areas of the City of Palm Springs,
including but not limited to, equipment, vehicles, ambulances and paramedics, fire apparatus,
soviets, supplies and personnel; proxaded, however, tbat any increases in special razes for
costs related to employee wages and benefits shall be limited as provided in the Rate and
Method of Apportionmcnr of the Special Talcs to fund such Services.
Owner's Property is located within the proposed boundaries of the area to be annexed to the
District ("Annexation No. 2"), If Annexation No. 2 is annexed to the District, the Owner's
Property will be subject to tine levy of dhe sperml razes for the District (the 'Special Talcs").
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 ibe Rate and Method
of Apporriomnent.
C. The Act requires, as a prerequisite to annexing territory to the District, specifically
Annexation No. 2, that the City Council adopts a resolution declaring The intention of the
City Council to annec Annexation No. 2 to the District (the "Resolution of Intention'). The
Act further requires that the City Council, in the Resolution of Intention, to fix the time and
place for a public hearing on the annexation of tlnneNadoo No. 2 to the District (due "Public
Hearing") which shall be not less than ibirry (30) not more than sixty (60) days after die
adoption of the Resolution of Intention. The Act further xequixes that notice of such a
public hearing be published at least seven (7) days prior to the dare of such public hearing.
D- The tact requires, as a prerequisite to the levy of the Special 'faxes, 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 -thuds (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 nor
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 November 15, 2006. Otherwise, the Act provides that the vote shall be by the
landowners of territory proposed to be annexed to die District which will be subject to the
levy of the special tihx, 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 an acre of land that such landowner owns within the proposed territory to
be annexed to the Disnict.
F. The provisions of the Act require that such special election be held at least ninety (90) bur
not more than one hundred eighty days (180) following the date of the adoption of the
resolution submitting die proposal to consider the authoriza0on to levy the special taxes
pursuant to the Rate and Method on the territory- proposed to be annexed to the District to
the qualified electors thereof (die "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 Ballor Election Dates"): (a) the first Tuesday after the first Monday
in May of each year, (b) the first Tuesday after the first Monday in March of each even-
numbcrcd year or (c) die 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
November 15, 2006, a date which will be less than ninety (90) days frouh 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 m 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 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 November 15, 2006, or such other
date as the Owner and die City Cleric of tie City (Elie "City Clerk"), acting as the official conducting
the election, may mutually agree, a date which may be less than nuiery (90) days from ibe date of the
adoption of the Resolution oFAnnexadon.
6. Owner expressly consents (a) to the conduct of the public hearing on November 15, 2006, and (b) to
the conduct of the Special Election on November 15, 2006, or such other dare upon which all of the
qualified electors mid the City Clerk conducting the election may concur.
Owmcr expressly waives:
A. any right which Owner may have to have the Public Bearing conducted and notice of the
Public Hearing given within the time periods and in accordance with the mannrr specified in
Government Code Sections 53321 and 53322,
13. any right which Owner may have for the Specal Election to be conducted widen the time
periods specified in Government Code Section 53326;
C. any right which Owner may have for the 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 die notice of the Special
Election;
E. anv requirement for the mailing of the ballot;
p. any requirement for the preparation of ballot arguments, rebuttal arguments and/or an
impartial analysis as to the ballot proposirions ser forrh in Exhibit C.
8. Owner expressly consents to (a) the proposed levy of special taxes widen Annexation No. 2 pursuant
to the provisions of the Act and the race and method of apportionment of special taxes to finance
the services described above and (b) establish an Article XIIIB appropriations limit equal to
$115,500,000.
PROPERTY OWNER APPOINTMENT OF AUTHORIZED REPRESENTATIVES
The oxvner hereby appouus or 57' 4//Vrc-✓7— alremadvely,
as its autha>7zcd rcpresfnurtiF5�o-. otc in the Special Eleeuon, and zhe owner terrifies chat the true and emcr
signaturc of each erga ve repiesenrarive is ser forrh below.
$i�natux'e' i'' (Type or Print Name of Representative)
Signature ° (Type or Prinz Name of Representative)
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.]
TIIIS CONSENT AND WAIVER AND APPOINTMENT OF AUTHORIZED REPIiFSENTATIVES
was executed this ,ZjZdap of _ e7c 7�aSr_ , 3006, in _12e / Sar Goal foie a.
i
�S]giY?L4irC) J�
Type or Print Name of Signor
If the person executing this documCnt is not the Owner for which this do=menr is being submitted but is
signing for and on behalf of the Owner, please Fill in the name of the Owner on the line prodded below,
CType or print name of the Owner)
DESCRIPTION OF PROPERTY
The land referred to is situared in ncc County of Rivcrsidc, City of Palm Springs, Stare of California and is
described as follows the following Asscssor Parcel Number(s)'
502-530-001to 502-530-003
502-530-007 to 502-530-039
502-530-073
502-540-001to 502-540-040
502-540-061to 502-540-062
502-540-077
502-541-027 to 502-541-082
502-541-084
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO.2005-1
(PUBLIC SAFETY SERVJCES)
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 437560.
"Act" means the Mello -Roos Community Facilities Act of 1982, being Chapter 2.5, Part
1, Division 2 of Title 5 of the Government Code of the State of California, as amended,
which authorizes the establishment of the District to finance: a) police protection
services, and b) fire protection and suppression services, and life safety services including
but not limited to ambulance and paramedic services.
"Administrative Expenses" means the actual or estimated costs incurred by the City as
administrator of the District to determine, levy and collect the Special Taxes, including
the proportionate amount of the salaries and benefits of City employees whose duties are
directly related to administration of the District and the fees of consultants, legal counsel,
the costs of collecting installments of the Special Taxes upon the general tax rolls,
preparation of required reports; and any other costs required to administer the District as
determined by the City.
"Annual Escalation Factor" means the greater of the increase in the annual percentage
change of the All Urban Consumers Consumer Price Index (CPI) or the percent increase
of salaries and benefits for public safety employees as stated in the Memorandum of
Understanding for the fiscal year of the Special Tax. The annual CPI used shall be for
the area of Los Angeles -Riverside -Orange County. CA as reflected in the then -current
April update. The annual CPI used shall be as determined by the United States
Department of Labor, Bureau of Labor Statistics, and may be obtained through the
California Division of Labor Statistics and Research (www.dir.ca.gov/dlsr). If the
Seplember 7. d005 1 Cry ofPaAw Spnrngf
Caonnunn), Facilities District No. 2005-1
(P-11k: SRfeo Sen Ac f)
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
aparnnent 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.
"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 Tot in the District, which has a
Final Map recorded prior to January lst preceding the Fiscal Year in which the Special
Tax is being levied, but for which no building pen -nit has been issued prior to the May 1 't
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
SeTtember I, 2005 Cily of Pabn Sprsngr
Comlwmi j, 1-=&ies Dirtr.71 No. 2005-1
(P1101 Safety Sernired
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 duly 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 fonnation or at the tirne of an annexation, expected to be used for
rights -of -way, parks, schools or any other public purpose and is owned by or irrevocably
offered for dedication to the federal government, the State, the County, the City or any
other public agency.
"Public Safety Service Costs" means the estimated and reasonable costs of providing
police services and fire protection and suppression services and life safety services,
including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles,
ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City
staff that directly provide police services and fire protection and suppression services and
life safety services, respectively, and (iv) City overhead costs associated with providing
such services within the District- On each July 1 following the Base Year the increases
attributed to salaries and benefits shall be calculated and limited to the increase based on
the Annual Escalation Factor. The Special Tax provides only partial funding for police,
fire and life safety services.
S,pfember 7, 2005 5 041 of 1palw SPRINT
Colwow city Faa&ies Di ,irict No. 2005-1
(J�ubG? Safe j, Semrer)
"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 or 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 io the Special Tax.
Tax -Exempt Property includes: (i) Public Property, (ii) Property Owner Association
Property, (iii) Non -Residential Property, and (iv) property designated by the City or
District Administrator as Tax -Exempt Property_
"Undeveloped Property" means, for each Fiscal Year, all Assessor's Parcels of
Taxable Property not classified as Developed Property or Entitled Property, including an
Assessor's Parcel that is designated as a remainder parcel and is not identified as
potential Public Property by any final documents and/or maps available to the District
Administrator.
"Unit" means any separate residential dwelling unit in which a person or persons may
live, which comprises an independent facility capable of conveyance separate from
adjacent residential dwelling units and is not considered to be for commercial or
industrial use.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all 'taxable Property within the District shall be
classified as Developed Property, Entitled Property, or Undeveloped Property. Developed
Property shall be further classified as Developed Single -Family Residence or Developed Multi -
Family Residence. Commencing with the Base Year and for each subsequent Fiscal Year, all
Taxable Property shall be subject to Special Taxes pursuant to Sections C and D below.
C. MAXIMUM SPECIAL TAX RATE
1. Developed Property
TABLE 1
Maximum Special Tax for Developed Property
Community Facilities District No. 2005-1
(Public Safety Services)
September 7, 2005 4 04 of Palm Springs
Cammuaity Farilities District No. 2005,1
(Public Safe15, Serwres)
Maximum
Land Use Description Special Tax
Class Per Unit
I 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 I 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 S500.
2. Entitled Property
11:\:i 0 W
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
svember %, f005
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)
Orly -,%Palm Sprii+gr
Comm anD, Faablier UirlricdNo. .005-1
(PrrbGc SaJcly Scm ar)
Maximum
Land Use Description Special Tax
Class Per Parcel/Acre
4 Undeveloped Property $100 per
cl/4 Acre Assessors Parcel
$ Undeveloped Property $500 per Acre
> 1 A 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 Laud 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-
I�]�Ti�i :Ci]ili�li ]TTiiC�%iTi�►fi�lToTil7:fu�Y'Jolrl:/�:III:1►`/
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
SOelwl er 7, 2005 6 Cif, of Pak", Springs
Canmruri j, Pari&w l wftzd No. 2005-1
(Pieb& Safely Jerked)
during the Fiscal Year the error is believed to have occurred. The District Administrator
or designee will then promptly review the appeal and, if necessary, meet with the
taxpayer- if the District Administrator verifies that the tax should be changed the Special
Tax levy shall be corrected and, if applicable in any case, a refund shall be granted.
F. EXEMPTIONS
1. Residential Property
Residential Properties which annually meet one or more of the following
standards shall be exempt From payment of the Special Tax:
a. A Residential Property consisting of one or two person(s) earning $15,300
or less gross income per year, upon complying with procedures to
establish such exemption, or
b. A Residential Property consisting of three persons earning 517,900 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.
Septexber 7, 2005 7 City of Pabs Sprirgr
Cnrrnrrauty Faililies Dic4irl Nn.:005-1
(Pubhe Sojco, Smwu)
SAMPLE BALLOT MEASURE
PROPOSITION A: Shall special cases be levied annually on taxable property within Ann=non No. 1 of
the City of Palm Springs Community Facilities Dismer No. 2005-1 (Public Safety Services), County of
Riverside, State of Califorma (the "District'); and to levy and collect such special taxes so long as the special
taxes are needed to pay for police services, fuc pnorecdon and suppression services at the special taxi rates and
pursuant to the method of apportioning the special taxes scr forth in Exhibit " 13" to the Resolution of
Formation (Resolution No. 21428) adopted by the City Council of the City of Palm Springs on October 19,
2005?
PROPO) TTTON B: Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article -XIIIB
of the California Constitution, be established for Annexation No. 1 of the City of Palm Springs Community
Facilities District No. 2005-1 (Public Safety Services), County of Riverside, State of California, in the amount
of$115,500,000?
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ADOPTING I3O13NDARY 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'),
formed a Community Facilities District, designated as Community Facilities District No. 2005-1
(Public Safely Services) (hereafter referred zo as' CFD No. 2005-1"), pursuant zo the terms and
provisions of the "Mello -Roos Community Facilities Act of 1952", being Chapter 2.5, Part 1,
Division 2, Title 5 of the Government Codc of the State of California (the "Act"): and
WIIEREAS, 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 Cnnm1unity Facilities District No.
2005-1 (Public Safety Services), Annexation No. 2 (hereafter referred to as "Annexation No_ 2").
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION I Recitals. The above recitals are all true and correct.
SECTION 2 Annexation Nap. The map showing Annexation No. 2 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 map is designated by the name of "Boundary Map
of Annexation No. 2 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. 2, 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. 2 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 manner and form provided for Section 3111 of the Streets and Highways Code of the
State California.
/C/ow/zLVO&
/2G i�IS� FOR-"
RESOLUTION NO.
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 "I'hompson
City of Palm Springs
MAP OF PROPOSED BOUNDARIES OF
COMMUNITY FACII JTIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 2
CITY OF PALM SPRINGS
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
SLED VI THE OFFICE OF THE CRY CLERK THIS DAY OF
nnryTnnTTI IC WTnlu MAP SPI PROPO'FP POONnnR
NO nICTSCT NO PMif
OPunyccrxrrn• r,FUClCOMMUNITY
l 91 ar IN,. SPRII COUNTY nF
.PNFCVCO0TTlC Cm CaHNrn
Crl ll -IT Y•Ot• nµnl IIINII �T WFcnuuF METING THr.RPaF nRD
ON IC- DAY OF. INN DY ITS RESOLIn10n NO
CITYC EPH
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INSTRUMENT NO
LafNIY WAr,b a•.: C:: o1I-0oVniveI Ileennorn 11
BY DEPUTY _ FMNCIS DR
COUNTY RECORDER
COUNTY OF RIVERSIDE
REFERENCE IE MADE TO THAT AMENDED BOWIDARY MAN OF COMMbNIT/
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OFFICE ONNOVEMBETn IODI INBOEKCIDI'MAILOPALLC: MLATAKO
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THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ON THIS
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MunlFlnancial
MAP OF PROPOSED BOUNDARIES OF
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO.2
CITY OF PALM SPRI NOS
COUNTY OF RIVERSIDE
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LEGEND
ANNEXATION BOUNDARY
ASSESSMENT NUMBER
MAP OF PROPOSED BOUNDARIES OF
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO.2
CITY OF PALM SPRINGS
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
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�1�&N ASSESSMENTNUMEER
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VIA EBCUEIA
RESOLUTION 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 Palnn Springs, California. ("City Council'), at
this time desires to authorize the annexation of territory to City of Pahn Springs Community
Facilities District No. 2005-1 (Public Safety Services) (hereafter referred to as "CFD No. 2005-1")
pursuant to the tenns and provisions of the"1Vlello-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 Commmunity Facilities District No. 2005-1 (Public Safety
Services), Annexation No. 2 (hereafter referred to as "Anmexation No. 2").
WHEREAS, this legislative body now desires to proceed to adopt its Resolution of Intention
to annex Annexation No. 2 into CFD No. 2005-1, to describe the territory included within
Annexation No. 2 proposed to be annexed, to specify the services to be financed from the proceeds
of the levy of special taxes within Annexation No. 2, to set and specify the special taxes that would
be levied within the territory to finance such services, and to set a time and place for a public hearing
relating to the annexation of Annexation No. 2 into CFD No. 2005-1; and,
WHEREAS, a map showing the boundaries of Annexation No. 2 proposed to be annexed has
been submi tied, 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 PALri1 SPRINGS:
SECTION 1 Recitals. The above recitals are all true and correct.
SECTION 2 Authorization. These proceedings for annexing Annexation No. 2 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. 2 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. 2
to CFD No. 2005-1.
RESOLUTION NO.
SECTION 4 Boundaries. A general description of the boundaries of Annexation No. 2
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.
SECTIONS Name of Disnrct. 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. 2."
SECTION G Services Authorized to be Financed by CFD No. 2005-1. Annexation No. 2.
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. 2 and will not be replacing services already available. A general description ofthe 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 persomiel; provided, however, that
any increases in special takes 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 Are
types of services to be provided in Annexation No. 2. if and to the extent possible, such services
shall be provided in common within CFD No. 2005-1 and Annexation No. 2.
SECTION 7 Special Taxes. Tt 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 Amexation No. 2 and related incidental expenses authorized by the Act,
secured by recordation of a continuing lien against all non-exempt real property in Annexation No. 2,
will be levied amivally within the boundaries of such Annexation No. 2. For further particulars as to
the rate acid method of appouiionmeut of the proposed special tax, reference is made to the attached
and incorporated Exhibit A (the "Rate and Method o f Apportionment"), which sets forth in sufficient
detail the method of apportionment to allow each landowner or resident with in proposed Annexation
No. 2 to clearly estimate the maximum amount that such person will have to pay.
The special lax proposed to be levied within Annexation No. 2 for services to be supplied
RESOLUTION NO.
within Annexation No. 2 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. 2 to the
extent that the actual cost of providing the services in Anexation No. 2 is higher or lower than the
cost ofproviding those services in CFD No. 2005-1. Notwithstanding the foregoing, the special tax
may not be levied at a rate that is higher then the maximum special tax authorized to be levied
pursuant to the Rate and Method of Apportionment.
The special taxes herein authorized, to the extent possible, shall be collected in the same
manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and
lien priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that
may not be collected on the 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. 2 to CFD No. 2005-1.
SECTION 8 PublicHearing- Notice is given that on the 15t" day of November, 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 ofAnnexation No.
2 to CFD No. 2005-1, the proposed method and apportionment of the special tax to be levied with
Annexation No. 2 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. 2 or the levying of special taxes within Annexation No. 2 will be heard.
At such public hearing, protests against the proposed annexation of Annexation No. 2, the
levy of special taxes within Annexation No. 2 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 time before the conclusion of the public
hearing.
SECTION 9 Maiority 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 Annexation No. 2,
(c) owners of one-half or more of the area of land in the territory included in Annexation No. 2, or
(d) owners of one-half or more of the area of land in the territory included in Annexation No. 2, file
written protests against the proposed amnexation of Annexation No. 2 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
further proceedings shall be undertaken for a period o f 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
«iOMIRIfIYC1TOMik e
publication pursuant to Section 6061 of Aye Government Code, with said publication to be completed
at least seven (7) days prior to the date set for the public hearing.
4
RESOLUTION NO.
The foregoing Resolution No.
Palm Springs on the day of
APES:
NOES:
,ASSENT:
ABSTAIN:
Attest:
City Clerk, James Thompson
City of Palm Springs
was passed and adopted by the City Council of the City of
2006, by the following vote:
Mayor, Ronald Oden
City of Palm Springs
CITY OF PALN'I SPRINGS
COMMUNITY FACILITIES DISTRICT NO.2005-1
(PUBLIC SAFETY SERVICES)
RATE AND NIETI-IOD OF APPORTIONNIENT
A Special Tax of Community Facilities Disirict 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 Ycar 2006-07 in an amount determined by the
City through the application ofthc rate and method ofappoltionment 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 Citv.
"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
Sevember 7, "005 ...----- ------ - 1 Q,ofPalm Springs
Caarnmuu�' Far;&Irf Dxldd No. 2005-1
(Public Safe j, Senwes)
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 in
assigned assessor's parcel number.
"Assessor's Parcel Map" means an official snap of the Assessor of the County
designating parcels by assessor's parcel number.
"Base Year" means Fiscal Year ending .Cone 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 .lanuary 1, 2006 and prior to May I st 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.
"District" means Community Facilities District No. 2005-1 (Public Safety Services) of
the City of Palm Springs.
"Entitled Property" means an Assessor's Parool and/or Lot in the District, which has a
Final Map recorded prior to January 1 st preceding the Fiscal Year in which the Special
"fax 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
.Srptru>Lrr 2O05 _ CO"Y Pnba Spws,
Comxiaw0 Faall:err Doh-; 7 No- 2005-1
(P-11A, Sgtl SI-IircrI
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
ntap, other final map, other condominium plan, or functionally equivalent map that has
been recorded in the Office of the COr111iY 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 i.
"hotly 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
permits) 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 properly 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 orthe District formation or at the time of an annexation, expected to be used for
rights -of -way, parks, schools or any other public purpose and is owned by or irrevocably
offered for dedication to the federal government, the State, the County, the City or any
other public agency.
"Public Safety Service Costs" means the estimated and reasonable costs of providing
police services and fire protection and suppression services and life safety services,
including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles,
ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City
staff that directly provide police services and Fire protection and suppression services and
life safety services, respectively. and (iv) City overhead costs associated with providing
such services within the District. On each Judy 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,
[ire and life safety services.
SeplenrGer /, �003 - - Cil1 o/'PnGv Spngf
Comlwuw�, Fad&lirr DzilmiNo. 2005-1
(NIJIte S. feDr Srnrcrs)
"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" mcans that umount required in any Fiscal Year for the
District to: (i) pay for Public Safety Service Costs: (H) pay reasonable Administrative
Expenses; (iii) pay any umuunLs 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 I ax 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 he for commercial or
industrial use-
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all Taxable Property within the District shall be
classified as Developed Property, Cntitled 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)
Septet rr 005 1 Cuy n/'Poln� Sf�r."�`qr
Convwfnnip 17a& lhhu Dzi1na No- 2005-1
(PaLGr SoJefr Seniew)
0
Maximum
Land Use Description Special Tax
Class Per Unit
I Developed Single -Family S350 per Unit
Residence
Developed Nlulti-Family $297 per Unit
Residence
' On each July I following the Base Year (i.e., July 1. 2007), the Maximum Special
' Tax Rates in Table 1 shall be increased in accordance with the Annual Escalation
Factor. Once the Maximum Special Tax Per Unit is equal to $500 per Unit, no
further Annual Escalation Factor shall be applied and the Maximum Special Tax
Per Unit shall not exceed $500.
2. Entitled Property
TABLE 2
Maximum Special Tax for Entitled Property
Community Facilities District No. 2005-1
' (Public Safety Services)
' Maximum
Land Use Description Special Tax
Class Per Lot
3 Entitled Property $100 per Lot
No Annual Escalation Factor shall be applied to the Nlaxinuim Special Tax Per Lot for Entitled
Propeit)'.
' 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)
3 eplmilyer 71 2005 5 CIO, of PAIN, spnl Sv
Cotdatnre75r Pdcrlties District No 2005-1
(D iblrc Sa feet , Services)
Maximum
Land Use Description Special Tax
Class Per Parcel/Acre
d 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.
4. Tax -Exempt Property
No Special Tax shall be levied on Tax -Exempt Property.
3. Multiple Land Use Classes
In some instances an Assessor's Parcel may contain more than one Land Use
Class. The Maximum Special Tax levied on an Assessor's Parcel shall be the sum
of the Maximum Special Tax levies that can be imposed on all Land Use Classes
located on that Assessor's Parcel.
D. M`ETIIOD 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 'Fax 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
Seprmber 7, 2005 ---/ - - - C.rh� nl 13-1-SPvus
Coawrrrri�, Fnahlirs D:.itnrr fNo. 2005-1
(Publir saklp smmj)
F
X
IN
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. Ifthe 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 XEWTIONS
1. Residential Property
Residential Properties which annually meet one or more of the following
standards shall be exempt from payment of the Special Tax:
a. A Residential Property consisting of one or two person(s) earning $15.300
or less gross income per year, upon complying with procedures to
establish such exemption, or
b. A Residential Property consisting of three persons earning $17,900 or less
gross income per year. upon complying with procedures to establish such
exemption, or
c. A Residential Properly 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 pronurlgate administrative rules and procedures for
verification of eligibility for the exemptions referred to in section F-
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 saxes; 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.
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.
.S,j�i.nrb.r 2005 nl'pnlnr Springs
Cnmmmei�y Pailvin DrsinellVo. 2003-1
(Rebh, Seyeti, Senizes)
DATE:
SUBJECT:
FROM:
BY:
October 4, 2006
City Council Staff Report
Legislative Agenda
Resolution of Intent to Annex Territory to Community Facilities District for
Public Safety Services
David H. Ready, City Manager
Assislant City Manager— Administrative Services
. V11t1FAFTA [YI
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 —
Signed Documents on File in City Clerk's Office);
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 November 15, 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:
The City Council has heretofore created a Community Facilities District (CFD) to assist in
the financing of police, fire and life safety services to new residential development. This
ITEM NO. �.�
City Council Staff Report
October 4, 2006 -- Page 2
Public Sarety Services CFD
type of financing 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. In May 2006, the City Council approved the annexation of seven
(7) developments into the original CFD. A number of other developments have been
approved by the City Council over the past few months and are now ready to be annexed
into the CFD. These developments include: The Murano (Tract 33933); 156@Tahquitz
(Tract 33341); Terra Vita (Tract 33936) Alexander Vista Estates (Tract 30350); Alexander
Village (Tract 33623); and Alexander Village II (Tract 33443). Collectively these projects
constitute a total of 374 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 November 15, 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,
City Council Starf Report
October 4, 2006 -- Page 3
Public Safety Services CFD
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.
The special tax that is currently being assessed on properties within the CFD is based
upon a Fiscal Impact Analysis that was prepared by MuniFinancial last year. Based on
this analysis, the tax rate needed to support public safety services for new development
was established at $350.00 per single-family residential unit and $295.00 for each multi-
family unit 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 a to levy the special tax
on all parcels in the annexed area in the coming fiscal y r.
FISCAL IMPACT:
Based on the total number of residential units within the six (6) developments identified
above, it is estimated that upon build -out the City will receive approximately $131,000 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.
�^ a
ro L. Butzlaff Asti Cant City Manager
Attachments: 44
David H. Ready, City Mane l
1. Exhibit A -- Developer Petition, and Waiver and Consent
2, Exhibit B -- Resolution of Intention
3. Exhibit C - Resolution Adopting Boundary Map for Territory to be Annexed
IO7:n: AI
Developer Petition, and Waiver and Consent
PETITION
Regarding Proceeding for Atnexatiou of Territory to Community Facilities
District No. 2005-1(Public Safety Services) and Related Matters
'To the Honorable City Council,
CITY OF PALM SPRINGS
3200 EAST TAI-IQUITZ CANYON WAY
PALM SPRINGS, CALIFORNIA 92262
Members of the Council
This is a petition to institute proceedings to utnex territory, including the property identified and
described in Exhibit "A', to Community Facilities District No. 2005-1 (Public Safety Services) (the
"District") within the Gry of Patin Springs and rclared matters pursuant to the Mello -Roos Comrmuiry
Facilities Act of 1982, commencing with Section 53311 of the California Government Code of the State of
California (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 wanants to the City of Patin Springs that the Petitioner is such owner, or is a legally
authorized representative of such owncr(s), and that such ownership constitutes ownership of more than
10% of the propertyto be annexed, 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 annex territory to the 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 Anncxation No. 2 filed with the
City Clerk of the City of Palm 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 Taxcs atrached hereto as Exhibit "C' and made a pan hereof, which
Rate and Method has previously been adopted by the City Council of the City of Palm Springs to be used by
the City for the levy of Special Taxes in the District and any future annexations to the 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. 2, be conducted by the City of
Palm Sping$ 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. 2 to the
District under the Act or as soon thereafter as possible.
7. Waivers. To expedite the completion of the proceedings for Annexation No. 2 to the
District, the Petitioner waives all notices of hearing and all published notices regarding the annexation of
territory of Annexation No. 2 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 aclmowledged by the Petitioner that all such notices are for the bencfit of the Petitioner and may be
waived. The Petitioner agrees to iirnely complete and return a consent .and w fiver to be provided to
Petitioner bythc Citvin order to expedite such proceedings.
S. 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 of Palm Springs to annex Annexation No. 2 to the District shall not constitute or be
construed as events of default or delinquencies tinder 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
tinder 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 Cry may supply my -notice and
ballot required under the Act to annex Annexation No. 2 to the District.
9. Due -Diligence and Disclosures. The Petitioner agrees to cooperate witll the City, its
attorneys uid consultants, and provide all information .and disclosures required by the aryabout the Special
Taxcs to purchasers of the Property or anv part of it.
10. Agreements. The Petitioner ftuther 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 payfor the aty's costs to annex Annexation No. 2
to the District. By executing this Petition, the Petitioner agrees to all of the above.
The Propen'vis Riverside County The Petitioner (record owner) is:
Assessor Parcel No(s):
and the Property contains a tortl of acres.
The address of the above for receiving any notice and ballot is:
I
0
DESCRIPTION OF SERVICES
PUBLIC SAFETY SERVICES
Policc scivices, fire protection and suppression services, and life safety services (the "Services")
of the City of Palm Springs required to sustain the service delivcty capability f or emergency.uid
non -emergency services to new growth .ueas of the City of Palm Springs, including but not
limited to, equipment, vehicles, ambulances and pan nedics, fire apparatus, supplies and
personnel; provided, however, that any increases in special taxes for costs rdatcd to employee
wagcs and benefits shall be lnnited -,s provided in the Rate and Method of Apportionment of
the Special Taxcs to fund such Services.
EXHIBIT C
RATE AND METHOD OF APPORTIONMENT
WAIVER OF CERTAIN ELECTION PROCEDURES WITH RESPECT TO
LANDOWNER VOTER ELEC'I'XONS WITHIN AND FOR PROPERTY
PROPOSED 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 perjur}, that the following statements are all true and correct:
PROPERTY OWNER CONSENT AND WAIVER
1. The undersigned is the owner or the cluly 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, understands and agrees to the following:
A The City of Palm Springs (the "Ct}%') has conducted proceedings pursuant to the "Mello -
Roos Community Facilities Act of 1952", as amended, (the "Act") to form City of Palm
Springs Community Facilities District No. 2005-1 (Public Services) (the "District") for the
purpose of financing certain public services as described below:
PUBLIC SAFLTY SERVICES
Police services, fv-c 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,
i icluding but not hunted to, equipment, vehicles, ambulances and paramedics, fire apparatus,
services, suppl es 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 Sen*ices.
Owner's Property is located within the proposed boundaries of the area to be armexed to the
District ("Annexation No. 2"). If Annexation No. 2 is annexed to the District, the 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 apportionment for the special tax (the "Rate and
Method") is set forth in "Exhibit B" attached hereto.
B. Owner has had a reasonable opporturiity to review and has reviewed the Rare and Method
of Apportionment.
C The Act requires, as a prerequisite to annexing territory to the District, specifically
Annexation No. 2, that the City Council adopts a resolution declaring the intention of the
City Council to annex Annexation No. 2 to the District (the "Resolution of Intention."). The
Act further requires that the City Council, in the Resolution of Intention, to fix the time and
place for a public heating on die annexation of Annexation No. 2 to the District (die "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 (� days prior to the date of such public hearing.
D. The Act requires, as a pi-cnqukitc tO thr levy of the Special Taxes, that the District must
subink 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 funher 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, Rho need not
necessarily be the same tweh\'e (12) persons, have been registered to vote within such
tcnitory for each of the ninety (90) days preceding the close of the Public Hearing scheduled
to occur on November 15, 2006. Otherwise, the Act provides that the vote shall be by the
landowners of territory proposed to be annexed to 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 an acre of land that such landowner owns within the proposed territoryto
be annexed to the District.
The provisions of the Act require that such special election be held at least ninety (90) but
n not more thaone hundred eighty days (130) following the date of the adoption of the
resolution submitting the proposal to consider the authorization to levy the special tares
pursuant to the Kate and Method on the Lerniory proposed to be annexed to the District to
the qualified electors thereof (the "Resolution of Formation"). Election Cede 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 March of cach even-
munbered 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 pertain rig 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
November 15, 2006, 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 oppomtnityto consult with and to be advised by Owners legal counsel
regarding the matters contained in this document and the exhibits hereto.
4. Owner certifies that there have been no persons residing and registered to vote within the Owner's
Propercyfor 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 November 15, 2006, or such other
date as the Owner and the City Clerk of the City (the "City Clerhz'), 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 Annexation.
6. Owner expressly consents (a) to the conduct of the public hearing on November 15, 2006, and (b) to
the conduct of the Special Election on November 15, 2006, or such other date upon which all of the
qualified electors and the City Clerk conducting the election may concur.
Owner expresslyR.uves:
A. any tight which Owner may have to have the Public I learing conducted and notice of the
Public Hearing given within the tune periods and in accordance with the manner specified in
Government Code Sections 53321 acid 53322;
B. any right which Owner may have for the Special Election to be conducted within the tune
periods specified in Government Code Section 53326;
C. any right which Owner may have for the Special Election to be conducted on a date
specified hn Elections Code Section 4000;
D. any protest, complaint or legal action of any nature whatsoever pertaining to the shortening
of all tune periods pertaining to (a) the Public Hearing and notice thereof and (b) the Special
Election, including but not lunitcd 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. anyrcquivcmcnt for the mailing of the ballot;
E. any requirement for the prepauntion of ballot arguments, rebuttal arguments and/or an
impnni<11 analysis as to the ballot propositions set forth in Exhibit C
8. Owner expressly consents to (a) the proposed levy of special Eves w thin Annexation No. 2 pursuant
to the provisions of the Act and the rate and method of apponionmcnt of special taxes to finance
the services described above and (b) establish an Article XlllB appropriations unit equal to
0115,500,000.
PRQRE&TY OWNER APPOINTMENT OF AUTHORT7FD RT PRESENTATIVES
The owner hereby appoints or , aftematively,
as its authorized representative to vote in the Special Election, and the owner certifies iliac clue time 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]
TIIIS CONSENT AND WAIVER AND APPOINTMENT OF AUTHORIZED REPRESENTATIVES
V-as executed this — day of 2006, in , California.
(Slgnaturc)
Tyke or Print Name of Signor
If the person exccutin- this document is not the Owner for which this document is being submitted but is
signing for acid on behalf of the Owner, pl=sc fill in the name of the Owner on the line provided below:
(Type or print name of the Owner)
EXHIBIT A
DESCRIPTION OF PROPERTY.'
EXHIBIT A
DESCRIPTION OF PROPERTY
DESCRIPTION OF PROPERTY
The Lind referred to is situated in the Cowity of Riverside, City- of PaLn Springs, State of Gtlifornit and is
described as follows the following Assessor Parcel Number(s):
'SHOWING PROPOSED BOUNDARIES
kCILITIES DISTRICT NO. 2005-1
M SPRINGS, COUNTY OF
4PPROVED BY THE CITY COUNCIL
iULAR MEETING THEREOF, HELD
006, BY ITS RESOLUTION NO.
(:J
2006, AT THE HOUR OF
RAPS OF ASSESSMENT AND
GE(S) , IN THE OFFICE OF
✓ERSIDE, STATE OF CALIFORNIA.
<,RECORDER
FRANCIS DR
BOUNDARY MAP OF COMMUNITY
SAFETY SERVICES) OF THE CITY
RIVERSIDE COUNTY RECORDER'S
14 OF MAPS OF ASSESSMENT AND
_S 71-77, AS INSTRUMENT NO.
T OR PARCEL SHOWN ON THIS
MENSIONS AS SHOWN ON THE
DR THOSE PARCELS LISTED.
PS SHALL GOVERN FOR ALL DETAILS
IS OF SUCH LOTS OR PARCELS.
24
23
i25 22 � u,
} 21
p i26 !
127
��Oo?
139
TRACT
NO.
33936
30350
33623
33443
SUNRISE WAY
EXHIBIT B
RATE AND METHOD OF APPORTIONMENT
CiTY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO.2005-1
(PUBLIC SAFETY SERVICES)
RATE AND METHOD OF APPORTIONMENT
A Special Tax al•'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 apportiomnent o f the Special Tax set forth
below. All of the real property in the DiSfild, 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 hind 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
neap, 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 1932, 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 detennine, 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
Departnnent 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
STto dx 7, 2005 1 Q7'9rPabnSp?rW
Cann o7iv ,FaalidaaFhstri Na 2005.1
(Prd,& S4Ry SerzutsJ
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
aparhnent 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 preccdinb 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 detennining 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 Patin Springs.
"Entitled Property" means an Assessor's Parcel and/or Lot in the District, which has a
Final Map recorded prior to January 1 sl 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 I"
preceding the Fiscal Year in which the Special Tax is being levied. The tarn "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
SepLo7i rr7, 2005 2 CuycfPIdMSPV,95
Corry ii,Far litza Dislntl Na 2005-1
(P alc Safay Ser w)
designated as a remainder parcel determined by filial 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 I.
"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 Comity Recorder to a property owner association, including any master
or sub -association.
"Proportionately" means in a nhanner 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 amhexation, expected to be used for
rights -of -way, parks, schools or any other public purpose and is owned by or irrevocably
offered for dedication to the Federal government, the State, the County, the City or any
other public agency.
"Public Safety Service Costs" means the estimated and reasonable costs of providing
police services and fire protection and suppression services and life safety services,
including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles,
ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City
staff that directly provide police services and fire protection and suppression services and
life safety services, respectively, and (iv) City overhead costs associated with providing
such services within the District. On each July I 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_
&ptzn' 7, 2005 S CuyofRdmSpvgc
CbrrmNdn .yFxdazaDist Na 2005-I
(P'Lgi Saf4SO=)
"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 Safetv Service Costs; 60 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 Calilbmia.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of the
District and any future annexation to the Distinct that are not exempt from the Special
Tax pursuant to law or as defined herein.
"Tax -Exempt Property" means an Assessor's Parcel not subject to the Special Tax,
Tax -Exempt Property includes: (i) Public Property, (ii) Property Owner Association
Property, (iii) Non -Residential Property, and (iv) property designated by the City or
District Administrator as Tax -Exempt Property.
"Undeveloped Property" means, for each Fiscal Year, all Assessor's Parcels of
Taxable Property not classified as Developed Property or Entitled Property, including an
Assessor's Parcel that is designated as a remainder parcel and is not identified as
potential Public Property by any final documents and/or maps available to the District
Administrator.
"Unit" means any separate residential dwelling unit in which a person or persons may
live, which comprises an independent facility capable of conveyance separate from
adjacent residential dwelling units and is not considered to be for commercial or
industrial use.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all Taxable Property within the District shall be
classified as Developed Property, Entitled Property, or Undeveloped Property. Developed
Property shall be further classified as Developed Single -Family Residence or Developed Multi -
Family Residence. Commencing with the Base Year and for each subsequent Fiscal Year, all
Taxable Property shall be subject to Special Taxes pursuant to Sections C and D below.
C. MA_1'IMUM SPECIAL TAX RATE
1. Developed Property
TABLE 1
Maximum Special Tax for Developed Property
Community Facilities District No. 2005-I
(Public SafetyServices)
Sepz dxr 7, 2005 4 CuY 9FPalm Spnngs
Currmorm yFaaltvzDrstriaNa 2005.1
(ndd,c S�fdy Scions)
Maximum
Land Use Description Special Tax
Class Per Unit
1 Developed Single -Family 5350 per Unit
Residence
Developed Multi -Family 5295 per Unit
Residence
On each July 1 following the Base Year (i-e-, July 1, 2007), the Maximum Special
Tax Rates in Table 1 shall be increased in accordance with the Annual Escalation
Factor. Once the Maximum Special Tax Per Unit is equal to $500 per Unit, no
further Annual Escalation Factor shall be applied and the Maximum Special Tax
Per Unit shall not exceed $500-
2. Entitled Property
TABLE 2
Maximum Special Tax for Entitled Property
Community Facilities District No. 2005-1
(Public Safety Services)
Maximum
Land Use 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 5100 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)
Septejx 7, 2005 5 CuycfPabr.Springs
Cbr=z,tyFaafivzD'smuNa 2005-1
(Plac Sxfdy Ser *
Maximum
Land Use Description Special Tax
Class Per Parcel/Acre
4 Undeveloped Property $100 per
=1/4 Acre Assessors Parcel
Undeveloped Property �>1/4 Acre $500 per 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 Maximtnn Special Tax levied on an Assessor's Parcel shall be the sum
of the Maximum Special Tax levies that can be imposed on all Land Use Classes
located on that Assessor's Parcel.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2006-07, and for each subsequent Fiscal Year, the District
Administrator shall calculate the Special Tax Requirement based on the definitions in
Section A and levy the Special Tax as follows until the amount of the Special Tax levied
equals the Special Tax Requirement- First, the Special Tax shall be levied each Fiscal
Year on each Assessor's Parcel of Developed Property Proportionately between
Developed Single -Family Residence and Developed Multi -Family Residence up to 100%
of the applicable Maximum Special Tax. Second, if the Special Tax Requirement has not
been satisfied by the first step, then the Special Tax shall be levied each Fiscal Year on
each Assessor's Parcel of Entitled Property up to 100% of the applicable Maximum
Special Tax for Entitled Property. Lastly, if the first two steps have not satisfied the
Special Tax Requirement, then the Special Tax shall be levied each Fiscal Year on each
Assessor's Parcel of Undeveloped Property up to 100°io 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
sepz4w7, 2005 6 a'zycPalmsp ngs
Qo mamzty Faalztia Disbat Na 2005.1
(Rdix safev S&U-5)
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 verities that the tax should be changed the Special
Tax levy shall be corrected and, i f 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 Isom payment of the Special Tax:
a. A Residential Property consisting of one or two person(s) earning 515,300
or less gross income per year, upon complying with procedures to
establish such exemption, or
b. A Residential Property consisting of three persons earning 517,900 or less
gross income per year, upon complying with procedures to establish such
exemption, Ol-
e. A Residential Property which qualifies for either the Low Income Rate
Assistance (LIRA) exemption for electrical or gas services or the Li feline
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 establislnnent 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.
Sept,, � 7, 2005 7 Cuy fpaln spnrgs
Cn azn yFacilitiz Distni t Na 2005.1
(Prda'uSA' Se "'W)
EXHIBIT C
SAMPLE BALLOT MEASURE
SAMPLE BALLOT MEASURE
PROPOSITION A Shall special taxes be levied anntitlly on taxable propeity within Annexation No. 1 of
the City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Sei-vices), County of
Riverside, State of California (the "District); and to levy and collca such special taxes so long as the specitl
taxes are aiecded to pay for police services, fire protection and suppression services at the special tax rates and
pursuant to the method of apportioning the Special rLxes set forth in Exhibit "B" to the Resolution of
Formation (Resolution No. 21428) adopted by the City Council of the Ciryof Palm Springs on October 19,
2005?
PROPOSITION B: Shallan appropriations licit, as defused bysubdivision (h) of Section 8 of Anicle ATIIB
of the California Constitution, be established for Annexation No. 2 of the City of Palm Springs Community
Facilities District No. 2005-1 (Public Safety Se vices), County of Riverside, State of California, hi the amount
of $115,500,000?
Exhibit B
Resolution of Intention
RESOLUTION 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 annexation of territory to City of Palm Springs Community
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 Sal'ety 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 DistrictNo. 2005-1 (Public Safety
Services), Annexation No. 2 (hereafter referred to as "Annexation No. 2").
WHEREAS, this legislative body now desires to proceed to adopt its Resolution of Intention
to annex Annexation No. 2 into CFD No. 2005-1, to describe the territory included within
.2rmexation No. 2 proposed to be annexed, to specify the services to be financed from the proceeds
of the levy of special taxes within Annexation No. 2, 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 hea»ng
relating to the annexation of Annexation No. 2 into CFD No. 2005-1; and,
WHEREAS, a map showing the boundaries of Annexation No. 2 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 I Recitals. The above recitals are all true and correct.
SECTION 2 Authorization. These proceedings for annexing Annexation No. 2 into CFD
No. 2005-1 are authorized and initiated by this legislative body pursuant to the authorization of the
Act.
SECTION 3 Tntention to Annex. This legislative body hereby determines that the public
convenience and necessity requires that Annexation No. 2 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. 2
to CFD No. 2005-1.
RESOLUTION NO.
SECTION 4 Boundaries. A general description of the boundaries of Annexation No. 2
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
Cornmunity Facilities District No. 2005-1 (Public Safety Services)" and the designation for the
territory to be annexed shall be "City of Palnn Springs Community Facilities District No. 2005-1
(Public Safety Services), Annexation No. 2."
SECTION 6 Services Authorized to be Financed by CFD No_ 2005-1 _ Annexation No. 2.
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. 2 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 o[ services that are authorized to be financed by CFD No. 2005-1 are the
types of services to be provided in Annexation No. 2. 1 f and to the extent possible, such services
shall be provided in common within CFD No. 2005-1 and Annexation No. 2.
SECTION 7 Snecial 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. 2 and related incidental expenses authorized by the Act,
secured by recordation of a continuing lien against all non-exempt real property in Annexation No.
21 will be levied annually within the boundaries of such Annexation No. 2. For further particulars as
to the rate and method of apportionment of the proposed special tax, reference is made to the
attached and incorporated Exhibit A (the "Rate and Method of Apportionment"), which sets forth in
sufficient detail the method of apportionment to allow each landowner or resident within proposed
Annexation No. 2 to clearly estimate the maximum amount that such person will have to pay.
The special tax proposed to be levied within Annexation No. 2 for services to be supplied
within Annexation No_ 2 shall be equal to the special tax levied to pay for the same services in CFD
RESOLUTION NO.
No. 2005-1, except that a higher or lower special tax may be levied within Annexation No. 2 to the
extent that the actual cost of providing the services in Annexation No. 2 is higher or lower than the
cost ofproviding those services in CFD No. 2005-1. Notwithstanding the foregoing, the special tax
may not be levied at a rate that is higher then the maximum special tax authorized to be levied
pursuant to the Rate and Method of Apportionment.
The special taxes herein authorized, to the extent possible, shall be collected in the same
manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and
lien priority in any case of delinquency as applicable for ad valorem taxes. Atny special taxes that
may not be collected on the Comity 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. 2 to CFD No. 2005-1.
SECTION 8 Public 1-learina. Notice is given that on the 1't clay of November, 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.
2 to CFD No. 2005-1, the proposed method and apportionment of the special tax to be levied with
Annexation No. 2 and all other matters as set forth in this Resohdion of Intention.
At such public hearing, the testimony of all interested persons for or against the annexation
of Annexation No. 2 or the levying of special taxes within Annexation No. 2 will be heard.
At such public hearing, protests against the proposed annexation of Annexation No. 2, the
levy of special taxes within Annexation No. 2 or any other proposals contained in this resolution
may be made orally by any interested person. Any protests pertaining to the regularity or sul'Iiciency
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 thne fixed for
the public hearing. Written protests may be withdrawn at any time before One 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 Annexation No. 2,
(c) owners of one-half or more of the area of land in the territory included in Annexation No. 2, or
(d) owners of one-half or more of the area of land in the tetra itory included in Annexation No. 2, file
written protests against the proposed annexation of Annexation No. 2 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
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 Government Code, with said publication to be completed
at least seven (7) days prior to the date set for the public hearing.
RESOLUTION NO.
The foregoing Resolution No. was passed and adopted by the City Council of the City o I'
Palm Springs on the day of 2006, by the following vote:
AYES:
NOES:
ASSENT:
ABSTAIN:
Attest:
City Clerk, James Thompson
City of Palm Springs
Mayor, Ronald Oden
City of Palm Springs
4
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.
rat! 0 W 01.10.111I1IW
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, aid 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 Tares, including
the proportionate amount of the salaries and benefits of City employees whose duties are
directly related to administration of the District and the ['ees 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 (he 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 CPT 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 (wwwAir.ca.gov/dlsr), if the
September i, 2005 i Cif, of Palm 5pnsgr
w Co ww, Far &iff Di.itna No. 2005--1
(Pnb& SIfett, lenwes)
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 Nlap with an
assigned assessor's parcel number.
"Assessor's Parcel Map" means in official map of the Assessor of the County
designating parcels by assessor's parcel number.
"Rase 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 Properly, 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'1'ax 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 le-vy and collection of
the Special Taxes.
"District" means Community Facilities District No. 2005-1 (Public Saf'ety Services) of
the City of Palm Springs.
"Entitled Property" means an Assessor's Parcel and/or Lot in the District, which has a
Final Nlap recorded prior to January 1 st 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 I"
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
September 7. 2005 2 City oJTalm Springs
Cornmrur._iy lla-dner D.sl is IV& °005-1
(Rlh(ir Sjfeny Sen mr )
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 ,Tune 30.
"Land Use Class" means any of the classes listed in Table I .
"Lot" meatus property within a recorded Final Map identified by a lot number Jor which
a building permit has been issued or may be issued.
"Maximum Special Tax" means the maximum Special Tax, determined in accordance
with Section below that cut 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
perrnit(s) has been issued for a non-residential use and does not contain any residential
units as defined tinder Developed Single Family Residence or Developed Multi -Family
Residence.
"Property Owner Association Properly" 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 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 abency.
"Public Safety Service Costs" means the estimated and reasonable costs of providing
police services and hire protection and suppression services and life safety services,
including bud 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-
---
Sep------ -
temG3 er 7, 2003 Gs ' of PdLm Sprir.SI
ConmumiD, Faililies Distr.4t No. 2003-1
(Public Safe, Seances)
"Special Tax" means the Special Tax to be levied in each Fiscal Year on each Assessor's
Parcel of Taxable Property to find 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 [or the
District to: (i) pay for Public Safety Service Costs; 6i) pay reasonable Administrative
Expenses; (iii) pay any amounts required to establish or replenish any reserve fluids: 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 a inexation 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 f iscal Year, all Assessor's Parcels of
Taxable Property not classified as Developed Property or Entitled Property, including an
Assessor's Parcel that is designated as a remainder parcel and is not identified as
potential Public Property by any final documents and/or maps available to the District
Administrator.
"Unit" means any separate residential dwelling unit in which a person or persons may
live, which comprises an independent facility capable of conveyance separate from
adjacent residential dwelling units and is not considered to be for commercial or
industrial use.
B, ASSIGNMENT TO LAND USE CATEGORiES
Each Fiscal Year using the definitions above, all Taxable Property within the District shall be
classified as Developed Property, Entitled Property, or Undeveloped Property. Developed
Property shall be Further classified as Developed Single -Family Residence or Developed Multi -
Family Residence. Commencing with the Base Year and lbr 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
Sol"Nber 7, 2003
TABLE 1
Maximum Special Tax for Developed Property
Community Facilities District No. 2005-1
(Public Safety Services)
! Crll, of Palm Spnngs
Cenwpwri_! , Facilities District No. 2003.1
(Pubbr Safety' Se/1ws)
Maximum
Land Use Description Special Tax
Class Per Unit
1 Developed Single -Family 5350 per Unit
Residence
Developed Multi -Family $295 per Unit
Residence
On each July 1 following the Base Year (i.e., .lily 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
1*\tigafl,
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 5100 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)
Seplember 7, 2005 5 CIO of Patin Spaprgr
Cwvzvlaa1 i Faohlaes Dijlna No. 2005-1
(P741;hc Sr fed' Sem,cer)
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.
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 Laud Use
Class, The Maximum Special Tax levied on an Assessor's Parcel shall be the sum
of the Maximum Special fax levies that can be imposed on all Land Use Classes
located on that Assessor's Parcel.
D. METHOD OF APPORTIONMENT OF TIME 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, i f 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 Lntiticd Property up to 100% of the applicable Maximtun
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
September Z 2003 6 Carr, nj palm Spmgr
Commmt+tp Fadktter DGnnt No. 2005-1
(Pubk, Saf ly Ser✓xvt)
F.
G.
H
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 uiy case, a refund shall be granted.
EXEMPTIONS
Residential Property
Residential properties which annually meet one or more of the following
standards shall be exempt from payment of the Special Tax:
a. A Residential Property consisting of one or two person(s) earning $15,300
or less gross income per year, upon complying with procedures to
establish such exemption, or
b. A Residential Property consisting of three persons earning $17,900 or less
gross income per year, upon complying with procedures to establish such
exemption, or
c. A Residential Property which qualities for either the Low Income Rate
Assistance (iJRA) 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.
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 tinte or in a dif(''erent manner if necessary to meet the financial obligations of the
District or as otherwise determined appropriate by the District Administrator.
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 ?. 2005
c tjr � f Paler Spriass
Comsu&D, Paddies Di,rtri.t No, 2005-7
(T'r<Glir S'ufety Semirer)
Exhibit C
Resolution Adopting Boundary Map For Territory to be Annexed
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF TIIE 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 Sprints, California, ("City Council"),
formed a Community Facilities District, designated as Community 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 GOVernlnent 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. 2 (hereafter referred to as "Annexation No. 2")-
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION I Recitals. The above recitals are all true and correct.
SECTION 2 Annexation Man. The map showing Annexation No. 2 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 map is designated by the name of "Boundary Map
of Annexation No. 2 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. 2, 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. 2 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 manner and form provided for Section 3111 of the Streets and Highways Code of the
State California.
RESOLUTION NO,
The foregoing Resolution No. was passed and adopted by the City Cotmcil of the City
of Palm Springs on the _, _ day of— 2006, by the following vote,
AYES:
NOES:
ABSENT:
ABSTAIN:
Attest:
City Clerk, Jatnes Thompson
City ol'Palm Springs
Mayor, Ronald Oden
City of Palm Springs
2
' SHOWING PROPOSED BOUNDARIES
kCILITIES DISTRICT NO. 2005-1
M SPRINGS, COUNTY OF
APPROVED BY THE CITY COUNCIL
jULAR MEETING THEREOF, HELD
'006, BY ITS RESOLUTION NO.
a
2006, AT THE HOUR OF
RAPS OF ASSESSMENT AND
GE(S) , IN THE OFFICE OF
✓ERSIDE, STATE OF CALIFORNIA.
<,RECORDER
FRANCIS DR
BOUNDARY MAP OF COMMUNITY
>AFETY SERVICES) OF THE CITY
RIVERSIDE COUNTY RECORDER'S
14 OF MAPS OF ASSESSMENT AND
_S 71-77, AS INSTRUMENT NO.
O
m
T OR PARCEL SHOWN ON THIS w
NENSIONS AS SHOWN ON THE ¢
OR THOSE PARCELS LISTED. m
U
Q
PS SHALL GOVERN FOR ALL DETAILS
IS OF SUCH LOTS OR PARCELS. uj
139
TRACT
NO.
33936
30350
33623
33443
SUNRISE WAY
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