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HomeMy WebLinkAbout11/15/2006 - STAFF REPORTS - 1.A. Eligible Tract APN Development Acreage Votes ��S 33933 501-020-016 Murano by Enterprise Companies 19.95 20 502-530-001to 502-530-003 502-530-007to 502-530-039 502-530-073 33341 502-540-001 to 502-540-040 156 @ Tahquitz by Palm Springs Modern Homes 24 24 502-540-061 to 502-540-062 502-540-077 502-541-027to 502-541-082 502-541-084 33936 508-060-015 Terra Vita by D.L. Freeman 4.59 5 i 30350 677-030-001 Alexander Vista Estates by Contempo Homes 11.52 12 33443 677-030-032 Alexander Village II by Contempo Homes: Tribal land 21.53 22 `j{ 7 V I S a � 6� O4 pA1.M spy V N c'g40081'ttiP OFFICIAL BALLOT SPECIAL ELECTION City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) Annexation No. 2 This ballot is for a special landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Palm Springs no latex than 6:00 p.m. on November 15,2006, either by mail or in person. The City Clerk's office is located at 3200 East Tahquitz Canyon Way,Palm Springs,California, 92262. To vote,mark a cross (X) in the voting square after the word"YES" or after the word "NO". All distinguishing marks otherwise made are forbidden and make the ballot void. If you wrongly mark, tear,or deface this ballot,return it to the City Clerk of the City of Palm Springs and obtain another. PROPOSITION A: Shall special taxes be levied annually on taxable property within Annexation No. 2 of the City of Palm Springs Community Facilities District No. 2005-1 Yes (Public Safety Services), County of Riverside, Srate of California (the"District"); and to levy and collecr such special taxes so long as the special taxes arc needed m pay for police services, fire protection and suppression services ar the special tax rates and peirsuanr to the method of apportioning the special taxes set forth in Exhibit "B" to the Resolution of ❑ No Formation (Resolution No. 21428) adopted by the City Council of the City of Palm Springs on October 19,2005? I PROPOSITION B: Shall an appropriations limit, as defined by subdivision Section 8 of Artidc XIIIB of the California Constitution,be established for .Annexation No. 2 of the City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services),County of Riverside,State of California,in the No amount of S115,500,000? I Number of votes: 20 i Tract: 33933 Project Name: The Murano by Enterprise Companies PS Avenida CaballQr6s Sin Rafael LLC A Delaware limst d I- bitty company By: Californ" a ment Enterprises, Inc. By; Candace Caziey,AUthorized Signatory Date' L [don•nei Name and address: .«""v"'"+•, „;-"�`""`� -P..i'IAi.--:i`"3 E.i•5s� t .r;.-9.?:.� CITY OF PAI.hI SPRINGS ``--,,.�,,,..• ", j 3200 E.TAHQIIITZ CYN WAY j OFFIML BALLOTFOR CITY OFPALAf SPRINGS PALML SPRP4`GS, CA 92262 CFD NO. 2 00 5-1,A NNEXA TIONNO. 2 STATE OF CALIFORNIA Execu ed on + Lkkr .Dim _,2006 )SS COUNTY OF RIVERSIDE } A[ L " (CITY) (SLa[e) cerli Fy under penalty of penury under the laws of the Sla[c of California[ha[[he vo[cr is[he Owner of reconl or[he au0mnzed repmsen[auve of Ibe owtr of record By enh fled to role and is Ake person whose name appears on this idcnli hellion eneclope, 6bvd Anenkinm This envelope contains an election ba➢o[and is m he opened only by 0[e wm•asxng hoard wish respect 0I13e C[ly of palm Spnngs Community Facilllkes District No.2005-1 (Public Voter( 'nl name) 67 VO[ Ad ass Safety Services),AnnexaLLon No.2 special c"Im[mn to he held on Norzm6 er 15,2006 WARNING: THE VOTER MUST SIGN THE ENVELOPE IN HISIHER OWN'FL4NDLVRITFNG IN ORDER FOR THE BALLOT TO BE COUNTED. IDENTIFICATION ENVELOPE (EIC LOSE VOTED BALLOT ONLY IN THIS ENVELOPE) 1 I� j 10 - € —`= _ 1 �n I— I rJ I U I i 'PALM S,p� � u w ^C�C7FAR OFFICIAL BALLOT SPECIAL ELECTION City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) Annexation No. 2 I This ballot is for a special landowner election. You must return this ballot in the enclosed I postage paid envelope to the office of the City Clerk of the City of Palm Springs no later than 6:00 p.m. on November 15,2006, either by mail or in person. The City Clerk's office is located at 3200 I East Tahgtutz Canyon Way,Palm Springs, California, 92262. I jTo vote,mark a cross Pq in the voting square after the word "YES" or after the word "NO". All distinguishing marks othezlvlsc made are forbidden and make the ballot void. If you wrongly hark,teat, or deface this ballot,return it to the City Clerk of the City of Pahn i Springs and obtain another. I I PROPOSITION A: Shall special taxes be levied annually on taxable property widitri Annexation No. 2 of the City of Palm Springs Community Facilities District No. 2005-1 Yes (Public Safety Services), County of Riverside, State of California (the "District"); and to levy 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 lax rates and pursuant to the method of apportioning the special taxes set foirh in Pxlubit "B" to the Resolution of ❑ No i Fornn aon (Resolution No. 21428) adopted by the City Council of the City of Palm Springs on October 19,2005? i i I I PROPOSITION B: Shall-an appropriations limit,-as defined-by subdivision (h) of es Section 8 of Ardcic XII1B of the California Constitution,be established for Annexation No. 2 of the City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services), County of Riverside,State of California,in the ❑ No amount of$115,500,000? Number of votes: 24 Trace 33341 Project Name: 156 @ Tahquitzrby P�aln Spri gs Modem Homes Property Owner: ' X Z C By: Lan/doowner Name and Address: P Q. rr,�. /fix 7 Postage To: CITY CLERK Required CITY OF PALM SPRM'GS 3200 E.TAIRQLIITZCYN WAY OFFICIAL BALLOT FOR CITYOPPy1LAf SPRIA'GS PALM SPRINGS, CA 92262 CFD NO. 2005-I,AA'NEXATIONNO. 2 STATE OF CALIFORNIA } Execuled an .Nr/r 6 ,2611G } /i SS COiINSI'OF RIVERSIDE ) At I`!`f I cerhfS under enal TyoIperyu under te fans of[hc Stale of CaliforniaCa]ifornia Ihai the � voter is the o%1 er of rccord or the aulhori¢cd represenlaLke of the o;vner of n:conl 6y ` enlnled 10 vole and is the puson svhnse name appears on this idenhficalion envelope. T ate . This envelope dams an e]eclion ha➢ol and is to he o red only h the canvassin L `NNrS CCiil/i3+iN Fdn�'i .��/ �i-� f C:-9 y1.26 pe Y S' g Valer(print name) Voter Address 3'� hoard with respell la the City of Palm Springs Commimi ly Facili h es Dl51ricI No 2005-1 (Public s Safety Services),Aimexamn Ro.2 Special eleelmn m be held an November 15,2006 i f WARNING THE VOTER MUST SIGN THE EM'ELOPE IN HIMAER OWN HANDWRITING IN ORDER FOR THE BALLOT TO BE COUNTED IDENTiFICAPION ENVELOPE (ENCLOSE VOTED BALLOT O\LY IN THIS EM'ELOPE) SI ! I i � � I i II Ir� U OFFICIAL BALLOT SPECIAL ELECTION City of Palm Springs Community Facilities District No.2005-1 (Public Safety Services) Annexation No. 2 This ballot is for a special landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Palm Springs no later than 6:00 p.m. on November 15,2006, either by mail or in person. The City Clerk's office is located at 3200 East Tahquitz Canyon Way,Palm Springs,California,92262. To vote,mark a cross (X) in the voting square after the word"YES" or after the word "NO". All distinguishing marks otherwise made are forbidden and male the ballot void. If you wrongly mark,tear,or deface this ballot,return it to the City Clerk of the City of Palm Springs and obtain another. PROPOSITION .A.: Shall special taxes be levied annually on taxable property within Annexation No. 2 of the City of Palm Springs Community Facilities District No. 2005-1 Yes ' (Public Safety Services), County of Riverside, State of California (the "District-);and to levy 50 and collect such special rases so long as the special taxes are needed to pay for police services, fire protection and suppression services- at the special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit "B" to the Resolution of No Formation (Resolution No. 21423) adopted by the City Council of the City of Palm Springs on October 19,2005? PROPOSITION B: Shall an appropriarions limit, as defined by subdivision (h) of Yes Section S of Article XIIIB of the California Constitution,be established for FLI Annexation No. 2 of the City of Palm Springs Community Facilities District No. i 2005-1 (Public Safety Services), County of Riverside, State of California,in the No amount of$115,500,000? El Number of votes: 5 ' Tract: 33936 Project Name: Terra Vita by D.L. Freeman Propercy 0 ex: /� � n5� `� o� By: l / AA Ijk6.61L 4 Lan downer Name and Address: —--i WA00 fl ZL LUL, � '1+JFs8n Y`RfD +JJ Ir7b Da G-i� (14 qtZ6o To: CITY CLERK -fit t CITY OF PALM SPRINGS 3200 E.TAEIQUITZ CYN WAY S_- OFFICL41 BALLOTFOR CITY OFPALITTSPRIA'GS PALM SPRIINGS,CA 92262 CFD NO. 2005-1,ANNEYATIOA'NO. 2 rr J nn/ 1 Executed on C`'�'UYJ ,200b STATE OF CALIFORNIA �I LL ) �iGr�T COUNTY OF RIVERSIDE Alf �f s'J I51a1e] I certify under penalty of perjury tinder the lases aRhe Slate of Call Forma Ihat the V01er is the owner Of ecord or the authorized represen tahve of the owner of record By `YI entitled to vote and is the person whose name appears on Ibis ideril0lca(lon envelope (Stgianva) �� 1� ,F� � „(n, '2 Anc n tinn; 7 h,s em•elope contains as election ballot and is to be opened only by the canvassing 1)gfo f f��, VJA 6 board vn th respect to the City of Palm Springs Commtmity Facilities Dis Intl No.2005-1 (Public Voter(print name) Voter Address e.0_ Safety Services),Annexalion No 2 special elec h on to be held on November 15,200(1 WARNING THE VOTER MUST SIGN THE ENVELOPE IN HISIHER OWN HANDWRITING IN ORDER FOR SHE BALLOT TO BE COUNTED. IDENTIFICATION ENVELOPE (ENCLOSE VOTED BALLOT ONLY IN THIS ENVELOPE) i � I � I U; Jpl „'.� [— ON 90H i f pALM$ O A�A� v 'n I w C�4FORN4� I I OFFICIAL BALLOT t SPECIAL ELECTION City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) Annexation No. 2 t I This ballot is for a special landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Palm Springs no later than 6:00 p.m. on November 15,2006,either by mail or in person. The City Clerk's office is located at 3200 i East Tahquitz Canyon Way,Palm Springs,California,92262. t To vote,marls a cross N in the voting square after the word"Xl S" or after the word "NO All distinguishing marks otherwise made are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot,rmm it to the City Clerk of the City of Palm Springs and obtain another. I i i PROPOSITION A: Shall special taxes be levied annually on taxable property within Annexation No. 2 of the City of Palm Springs Community Facilities Discicr No. 2005-1 Yes (Public Safc Services County of Riverside, State of California die District" and to �' ry )� tS' ( ); levy and collect such special taxes so long as the special raxcs are needed to pay for police services, fire prorccdon and suppression services at the special tax rates and pursuant to the merhod of apportioning die special taxes set fold, in Exhibit "B" ro the Resolution of ❑ No Formation (Resolution No. 21428) adopted by the City Council of the City of Palm Springs on October 19,2005? ' PROPOSITION B: Shall srra appropriarions-limit,as defined by subdivision (h) of Yes Section 8 of Article XIIIB of die California Constitution,be established for Ell Annexation No. 2 of the City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services),County of Riverside,State of California,in the No amount of 5115,500,000? El Number of votes: 12 Tract: 30350 Project Name: Alexander Vista Estates by Contempo Homes Pro rty Owner: Alexander Vista Estates by Contempo Homes By:_ - =- MICIMEL D. aU'f`CRISUN Landowner Name and Address: _ Ale -rider Vista Estates by Concentpo Homes, Inc I, 1733 N Palm Canyon Dr. , Ste D ? ` Palm Sproings, CA 92262 To: CITY CLERK CITY OF PALM SPRIlNGS 3200 E.TAHQUITZ CI'N WAY OFFICIAL BALLOT FOR CITY OFPALill SPRINGS PALM SPRINGS, CA 92262 CFD NO. 2005-I,ANA'EXATIONNO. 2 I STATE OF CALIFORN IA Executed on Or t nh ar 31 ,2006 )SS COUNTY OF RIVERSIDE ] AlPalm Springs , CA {SIa1e] - I cert-£y under penalty orper)nry under the laws of dlc Slate of Cahfo ity]mia that the vole[is The o%%ncr of record or The an dlorized represenla Lire of tile onncr or record +l . en Lided la role and is llie person whose name appear,on this cdenli ficati on envelope, {Sigaa mrr] Aneulta, This envelope contains an efectlon ballot and is t�pened only by The canvassing Michael l D. Hutchison 173 3 N. Palm Canvon Dr #Dboard will]respect To the City oFPalni Springs Community FacIilies District No.2005-1 (Public Voter(print name) Fj ggjj PdWings, CA 92262 Sarety Services),Annexation No.2 special election fo be lield on November 15,2006 WARNING: THE VOTER MUST SIGN THE ENVELOPE IN HIS.+HER OWN HANDWRITING IN ORDER FOR THE BALLOT TO BS COUNTED. IDENTIFICATION ENVELOPE (ENCLOSE VOTED BALLOT ONLY IN THIS ENVELOPE) 1 � 0 LN r C� A C'J I Lxndr�ois'ner Name and Address: /} To: CITY CLERK Gg �� ` CITY OF PALM SPRINGS 3200 E.TAHQUITZ CYN WAY - OFFICIAL BALLOT FOR CITY OF PALMSPRIR'GS PALhI SPRINGS,CA 92262 CFD NO. 2005-1,AA'NE ATION A'O. 2 Executed on - 006 STATE OF CALIFOAN[A )SS ! � , i Alin COUNTY OF RIVERSIDE J At (Cdy) (Slate) I ceaffy under penally of perjury under the lass of the State of Cal trnmia that the _r voter is the osmer oCrccard or the authorized repasentalive of the am2ter oFrecord By mulled to yn and is the peron sohose no"appears on this tden ttFleatlpR envelope. ZSirna e) - s7 Att Pn Ynn This ernz]o a contains an election hallo[and is to he opened only by the canvassing iii- '� hoard uilh respect to the City of Palm Springs Community Facilities Dis6icl No 2005-1 (Public Valet(print name) Vo[j Address �.� Sarety Senices),Annexation No.2 sped at election to he held on November 15,2006 WARNING: THE VOTER hfUST SIGN I14E ENVELOPE IN HISIHER OWN HANDWRITING 1N ORDER rOR TI[E BALLOT TO BE COUNTED. IDENTIFICATION ENVELOPE (ENCLOSE VOTED BALLOT ONLY IN 7141S ENVELOPE) rJ -f Ci a9 J Cn i 2,4 OF 4i4F$ o * (f * o 2724 Gateway Drive BARBARA DUNMORE I`r Riverside, CA 92507-0918 Registrar of Voters * (951) 486-7200 FAX (951) 486-7272 www.voteinfo.net REGISTR OF VOTERS COUNTY OF RIVERSIDE CERTIFICATE OF REGISTRAR OF VOTERS State of California ) ss County of Riverside ) I, BARBARA DUNMORE, Registrar of Voters of said County, hereby certify that: (A) I have been furnished a map describing the boundaries of the proposed Annexation No. 2 to Community Facilities District No. 2005-1 (Public Safety Services), of the City of Palm Springs, County of Riverside, State of California; (B) On November 9, 2006, 1 conducted, or caused to be conducted, a review of the voter registration records of the County of Riverside for purpose of determining the number of voters registered to vote within the boundaries of the proposed Annexation No. 2 to Community Facilities District No. 2005-1 (Public Safety Services); (C) There are 0 registered voters residing within the boundaries of the proposed Annexation No.2 to Community Facilities District No. 2005-1 (Public Safety Services). IN WITNESS WHEREOF, I have executed this Certificate on this 9Eh day of November 2006. i I BARBARA DUNMORE Registrar of Voters I I I �FALMSa V N M CHC�TeoanYao`qu LLh q[IR°RN�P CITY COUNCIL STAFF REPORT DATE: November 15, 2006 PUBLIC HEARING SUBJECT: Public Hearing to Annex Territory to Community Facilities District No. 2005-1 (Public Safety Services) FROM: David H. Ready, City Manager BY: Assistant City Manager, Administrative Services SUMMARY On October 4, 2006, the City Council adopted resolutions declaring its intention and setting a public hearing to consider the annexation of certain territory into Community Facilities District No. 2005-1 (Public Safety Services) that was established last year to fund public safety services. This action will add five (5) residential developments, that are currently approved and under construction into the existing community facilities district and authorize the levy of a special tax on all parcels within these developments to fund public safety services. RECOMMENDATION: 1. Open the public hearing and receive public testimony and property owner protests for the proposed Annexation No. 2 to the Community Facilities District No. 2005-1 (Public Safety Services) and the authorization to levy a special tax within the territory proposed to be included in the District. 2. Adopt Resolution No. , "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS." (EXHIBIT "A") 3. Adopt Resolution No. , "RESOLUTION OF THE. CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF ANNEXATION NO. 2 OF CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) PROPOSITIONS REGARDING THE ANNUAL. LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 2 TO FINANCE PUBLIC SAFETY SERVICES, AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT." (EXHIBIT "B") 4. Direct the City Clerk to open and tabulate and canvass all valid ballots received by the City Clerk for the annexation of territory to Community Facilities District ITEMS NO. City Council Staff Report November 15, 2006 -- Page 2 Annexation of Territory to CFD 2005-1 2005-1 (Public Safety Services) of the City of Palm Springs, and to announce the results and execute a Certificate of Election Returns. 5. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 2." (EXHIBIT "C") 6. Waive the reading of the Ordinance text in its entirety and introduce by title only Ordinance No. , "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 2." (EXHIBIT "D") STAFF ANALYSIS: In 1978 voters enacted Proposition 13, which limited the ability of local public agencies to increase property taxes based on a property's assessed value. In 1982, the Mello- Roos Community Facilities Act of 1982 (Government Code §53311-53368.3) was created to provide an alternate method of financing needed improvements and services. Specifically, the Act allows any county, city, special district, school district or joint powers of authority to establish a Community Facilities District (CFD), which allows for the financing of public services and facilities. Basically, the Act allows communities to raise funds for improvements to infrastructure (streets, sewers, storm drains) even though Proposition 13 limits their ability to tax property. It also allows raising funds for services, including public safety and maintenance of parks, streetlights, storm drains, and landscaping, only to the extent of new growth. In order to establish a CFD or annex territory to an existing CFD, it must be approved by a two-thirds margin of qualified voters in the district. If there are fewer than twelve registered voters within the district, the vote may be passed by the current property owners. At the close of the legal proceedings, an established CFD has all the legal privileges of a legally sanctioned government body. On October 4, 2006, the City Council adopted a resolution declaring its intention to annex territory to the existing CFD and authorizing the imposition of a special tax to finance police services, fire protection and suppression services, and life safety services. In addition, the City Council set November 15, 2006 as a public hearing to receive public testimony and protests over the annexation of territory to the existing CFD. The proposed tax to be assessed is based upon a Fiscal Impact Analysis that was prepared in 2005 by the City's consultant, MuniFinancial. This analysis indicates that the tax rate needed to support public safety services is: (1) $350 per unit for Developed Single-Family Residence; (2) $295 per unit for Developed Multi-Family Residence; (3) $250 per lot for Entitled Property; and (4) $100 per parcel for Undeveloped Property_ I City Council Staff Report November 15, 2006 -- Page 3 Annexation of Territory to CFD 2005-1 which is less than of an acre and $500 per acre for all other Undeveloped Property. The actual tax rate, method of apportionment and manner of collection of the special tax is set forth in the attached Ordinance (Exhibit "D") authorizing the levy of the special tax. Since the formation of the initial CFD, a number of residential developments have been approved by the City and are currently under construction. These developments include: The Murano (Tract 33933); 156@Tahquitz (Tract 33341); Terra Vita (Tract 33936) Alexander Vista Estates (Tract 30350); and Alexander Village II (Tract 33443). Collectively these projects constitute a total of 364 residential units. The City has received petitions from all six developments requesting that the City Council begin the necessary proceedings to form Annexation No. 2. The City's consultant has determined that there are less than twelve registered voters residing in the eight developments that comprise the proposed CFD. As a result, an election by property owners is all that is necessary. Each of the property owners in the proposed CFD has been mailed a "Wavier and Consent Shortening Time Periods and Waving Various Requirements for Conducting Mailed-Ballot Election and Waiving Notice and Hearing with Respect to Changes to the Special Tax" form which has allowed the City to waive all minimum time requirements relative to the formation of the CFD and informed them of the increased maximum rate. The property owners have also received a special election ballot for CFD, which allows them one vote per acre or portion thereof. These ballots will be tabulated by the City Clerk at the public hearing. Staff recommends that the City Council open the public hearing for the purpose of receiving public testimony and property owner protests regarding the formation Annexation No. 2 into CFD 2005-1 (Public Safety Services). Once the public hearing has been closed, staff recommends that the City Council adopt the three resolutions and introduce by title only an ordinance authorizing the levy of special taxes. FISCAL IMPACT: i Based on the total number of residential units within the five (5) developments identified above, it is estimated that upon build-out the City will receive approximately $122,000 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 Ievied. 7�7 r Butzlaff, A s stant City Manager David H. Ready, City M 1 Attachments: 1. EXHIBIT"A" Resolution Authorizing the Annexation of Territory to the CFD 2. EXHIBIT 'B" Resolution Calling a Special Election 3. EXHIBIT"C" Resolution Declaring the Election Results 4. EXHIBIT"D" Ordinance Levying the Special Tax Exhibit "A" RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TF,RRITORY TO COMMUNITY FACILITIES DISTRICT NO. 200-5-1 AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS WHEREAS, this Council, on October 4, 2006. adopted Resolution No. (hereafter referred to as the "Resolution of Intention") stating its intention to annex 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 Mello-Roos Community Facilities Act of 1982, as amended(hereafter referred to as the "Act"); WHEREAS, a copy of the Resolution of Intention, which states the authorized services to be provided and financed by CFD No. 2005-1, and a description and map of the proposed boundaries of the territory to be annexed to CFD No. 2005-1 ("Annexation No. 2"), is oil file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; WHEREAS, on the 15th of November, 2006, this Council held a noticed public hearing as required by the Act and [lie Resolution of Intention relative to the proposed annexation of territory to CFD No. 2005-1; WHEREAS, at said hearing all interested persons desiring to be heard on all matters pertaining to the annexation of territory to CFD No. 2005-1 and the levy of said special taxes Within the area proposed to be annexed were heard and a fill] and fair hearing was held; WHEREAS, prior to the time fixed for said bearing, written protests had not been filed against the proposed annexation of territory to CFD No. 2005-1 by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in CFD No. 2005-1, or (ii) 50°/u or more of the registered voters, or six registered, whichever is more, residing in the territory proposed to be annexed to CFD No. 2005-1, or (iii) owners of one-half or more of the area of land in the territory proposed to be annexed to CFD No. 2005-1; and WHEREAS, a boundary map for Annexation No. 2 to CFD No- 2005-1 has been filed with the County Recorder of the County of Riverside, which map shows the territory to be annexed in these proceedings, and a copy thereof is on file with the City Clerk. NOW, THEREFORE, BE iT RESOLVED,determined and ordered by the City Council for the City of Palm Springs as follows: r SECTION I Recitals. The above recitals arc all true and correct. SECTION 2 Authorization. All prior proceedings taken by this Council with respect to CFD No. 2005-1 and the proposed annexation of territory thereto have been duly considered and are hereby determined to be valid and in confonnity with the Act. RESOLUTION NO. SECTION 3 l3pundaries. The description and map of the boundaries of the territory to be annexed to CFD No. 2005-1, on file with the City Cleric are hereby finally approved, are incorporated herein by reference, and shall be included within the boundaries oFCFD No. 2005-1, and said territory is hereby annexed to CFD No. 2005-1, suhject to voter approval of the levy of the special taxes therein as hereinafter provided. SECTION 4 Services. The services which CFD No. 2005-1 is authorized to finance are in addition to those provided in or required for the territory within CFD No. 2005-1 and the territory to be annexed to CFD No. 2005-1 and will not be replacing services already available. A general description of the services to be financed is as follows: PIJ13LiC SAFETY SERVICES Police services, fire 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-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 `faxes to find such Services. SECTION 5 Special .Faxes. It is the intention of this legislative body that, except where finds are otherwise available, a special tax sufficient to pay for said services to be provided in CFD No. 2005-1 and the territory proposed to be annexed as part of Annexation No. 2, secured by recordation of a continuing lien against all non-exempt real property in Annexation No. 2, will be levied annually within the boundaries of Annexation No. 2 from and after the annexation of such property to CFD No. 2005-1. The special taxes shall be those as originally authorized through the formation of CFD No_ 2005-1 and adopted by Ordinance of this legislative body, and no changes or modifications are proposed in the special taxes from those as originally set forth and made applicable to CFD No, 2005-1. For particulars as to the rate and method of apportionment of the proposed special tax (the "RMA"), reference is made to the attached and incorporated Exhibit "A," which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the Annexation No. 2 to clearly estimate the maximum annual amount that said person will have to pay on said special tax. SECTION 6 Election. The provisions of the Resolution of Intention ofthe City each as heretofore adopted by this Council are by this reference incorporated herein, as if fully set forth herein. (a) Pursuant to the provisions of the Act, the proposition of the levy of the special tax within Annexation No. 2 shall be submitted to the voters within Annexation No. 2 at an election called therefore as hereinafter provided. This Council hereby finds that fewer than 12 persons have been registered to vote RESOLUTION NO. within Annexation No. 2 for each of the 90 days preceding the close of the hearing heretofore conducted and concluded by this Council for the purposes of these annexation proceedings. Accordingly, and pursuant to Section 53326 of the Act, this Council finds that for purposes of these proceedings the qualified electors are the landowners within Annexation No. 2 and that the vote shall be by said landowners, each having one vote for each acre or each acre or portion thereof such landowner owns in Annexation No. 2. (b) Pursuant to Section 53326 of the Act, the election shall be conducted by mail ballot under section 1340 of the California Elections Code. The Council called a special election to consider the measures described and incorporated as Exhibit"B,"which election was held on November 15, 2006 (hereafter referred to as "Election Day"). The City Clerk was the election official to conduct the election and provided each landowner in the territory to be annexed to CFD No. 2005-1, a ballot in the form of Exhibit "B", which form is hereby approved. The City Clerk has accepted the ballots of the qualified electors received prior to 6:00 o'clock p.m. on Election Day, whether received by mail or by personal delivery. (c) This Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days to elapse before said election is for the protection of voters, that the voters have waived such requirement and the date for the election hereinabove specified is established accordingly. I I I RESOLUTION NO. The foregoing Resolution No. was passed and adopted by the City Council ofthe City of Patin Springs on the 15th day of November, 2006, by the following vote: AYES: NOES: ABS13N'f: ABSTAIN: Mayor, Ronald Oden City of Palm Springs Attest: City Clerk, James Thompson City ofPahn Springs I I I I I I I EXHIBIT A RATE AND METHOD OF APPORTIONMENT I I I CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2003-1 (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 die 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 mediod of apportionment of the Special Tax set forth below. All of the real property in the DISirict, 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" menus 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 Asscssor.'s Parcel Map, the land area shown on the applicable final subdivision map, other final map, other parcel map, odier condomia3ium plan, or functionally cquivalenr neap or instrument recorded in The Office of the County Recorder- The square footage of an Assessors 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 Tide 5 of the Government Code of the State of Caifornna, as amended, which authorizes die establishment of the District to finance: a) police protection services, and b) fire protection and suppression scrviccs, and life safety services including but nor 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 die Special Taxes, including the proportionate amount of the salaries and benefits of City employees whose durics are directly related to administration of the District and the fees of consultants,legal counsel, the costs of collecting installincnts 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. I "Annual Escalation Factor" means the greater of the increase in the annual percentage change of The All Urban Consumers Consumer Price lnclex (CPI) or die percent increase of l 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 Angcics-Riverside-Orange County, CA as reflected in die then-current April update. The annual CPT used shall be as determined by the United States Department of i Labor, Bureau of Labor Statistics, and may be obtained through the California Division of Labor Statistics and Research (www.dii.ca.gov/dlsr). If the foregoing index is not avail9ble, the CFD Administrator shall select a reasonably comparable index. I ' Sepimber 7,2005 -. ..- .7.. _ . - -- ---City nfPaG,r Slimes Cowaiwio Paiilisii.i Dnina No.2005.1 (P41u 3 rfey S emree) L �0 '. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map ivith ,in assigned aasessor.'s parcel nuunbcr. "Assessor's Parcel Map" means in 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 Ciry oFPalm Springs. "Council" means the City Council of the City of Pahn 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 tvlay 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. l ` "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. I "District" means Community Facilities District No 2005-1 (Public Safety Services) of die City of Palm Springs. "Entitled Property" means an Assessor's Parcel and/or Lot in the District, which has a Final Ma recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is I P P J• "uY P' g P beint;levied, but for which no builcling permit has been issued prior to the May 1" preceding the Fiscal Year in which the Special Tax is being levied. The term "Entitled Property" shall apply only to Assessors' Parcels and/or Lots, which have been subdivided for the purpose of residential development, excluding any Assessor's Parcel that is designated as a remainder parcel determined by final documents and/or maps available to the District Adrir .nistrator. "Final Map" means an Assessor's Parcel Map, a final subdivision snap, other parcel map, other final map, other condominium plan, or functionally equivalent map dial has been recorded in the Office of die County Recorder. I Sepze7vber 7,2005 2 City n#'Pahx Spans" Cainnunury Ecialates Dnina No.2005-1 (Publzc SgjP0 Svwey) I "Fiscal Year" means the period starling Iuly 1 and ending on the following June 30. "Land Use Class" means any of the classes listed in Table 1. "Lot" means property w-lthm a recorded Penal 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, dctennined in accordance w th Section C below that can be levied in the District in any Fiscal Year on any Assessor's Parcel. "Non-Residential Property" means all Assessnrti' Parcels for which a building permit(s) has been issued for a non-residential use and does nor contain any residential units as defined under Developed Single Family Residence or Developed Muln-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 insrrument recorded with the County Recorder to a property owner associntion, 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 houndaries of the Dishier that is, it the time of the District formation or at the tune 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 Coburg-, the City orally 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 lannited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (in) the salaries and benefits of City staff that directly provide police seitiices and fire protection and suppression services and life safety ser ices, respectively, and (iv) City overhead costs associated with providing such services within the .District. On each July 1 following die Base Year the increases attributed to salaries and benefits shall be calculated and hraued to the increase based on the Annual Escalation Factor. The Special Tax provides only partial funding for police, fire and life i safety services. I "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; (n) pay reasonable Administrative Expenses; (ii) pay any.unounts required to establish or replenish any reserve funds;and (iv) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for i I I Sepren)Ler 7,2005 Corddiruri�,1''aaliker Oulad No 2005-1 (Pi4Mr Saf D,Serm ) 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 Stare of Cahfornia. "Taxable Property" means all of the Asscssor's Parcels within the bound,ines of the District and any future annexation ro the District that are not exempt from the Special Tax Pursuant to law or as defined herein. "Tax-Exempt Property" means an AsscSsnr; Ntcel not subject to the Special Tax. Tax- Exempt Property includes: (1) Public Property, (it) Property Owner Association Property, (lii) Non-Residential Property, and (iv) property designated by the City or District Administrator as Tax-Exempt Property. "Undeveloped Property" means, for each Fisrnl Year,all Assessor's Parcels of Taxable Property not classified as Developed Property or Entitled Property, including an Assessor's Parcel that is designared 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 scpn,rare residential dwulhiag unit in which a person or persons may live, which comprises an independent facihty capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use. 13. A,SSIGNMENT TO I ALVD 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-Fairaly Residence or Developed Muld-Family Residence. Commencing with the Base Year and for each subsequent Fiscal Year, all Taxable Properly shall be subject to Special Taxes pursuant to Sections C and D below. C. MAXIMi7M SI'_F_CIAL TAX RATF 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 i Developed Single-Family 1 $350 per Unit i Residence M v Developed Mtiln-Family $295 per Unit Residence 5eylember i,2005 4 CID'of Pdlnr SPrirtgr CnnmrrurFlOr Faalitier Dit;ant No.2005-7 (Pubbe Safely Scrnos) 1 tin On each July I following the Base Year (i.e.,July 1, 2007), the Maximum Special Tax IULcs in Table 1 shall be increased in accordance with the.Anit ual T—scalation factor.. Once the Maximum Special Tax Per Unit is equal ro ;$300 per Unit, no further Annual Escalation Factor shall be appliccl and the Maximum Special Tax Per Unit shall not exceed $$500. 2. Entitled Property TABLE 2 Maximum Special Tax for Entitled Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Lot 3 I_.nntled Property }$100 per Lot No Annual Fscalariou Factor shall be tippiecl to the Maxunum Special Tax Per Lot for Entitled Properly. 3. Undeveloped Property Undeveloped Properry will be assigned a Maximum Special Tax Nate of $500 per acre or portion thereof,with a minimum rate of$$100 for Undeveloped Property less than or equal to one-forth (1/4) of an Here as described in Table 3. TABLE 3 Maximum Special Tax for Undeveloped Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Parcel/Acre 4 Undeveloped Property $$100 per 51/4 Acre Assessors Parcel 5 Undeveloped Property $500 per Acre >1/4 Acre ,TLpfew&r7,2005 -------- 5 --- CID,of Palo'Sprnw Co wwwio Faah,ier Dis=tNo.2005-1 (Pzibhr srfeg,Semxj) i No Annual Escalation haczor shall be applied to LhU NI.�nnlIM Special Tax Per Parcel/Acre for Undeveloped Property. 4. Tax-Exempt Property No Special Tax shall be levied on fax-E'xempt Property. 5. Multiple Land Use Classes; In some in9t9ncce 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. M METHOD OF APPORTIONMEN>`a THE SPECIAL TAX Commencing with fiscal Year 2006-07, and for each subsequent Fiscal Year, the District Administtmor 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-hamily Residence up to 100% of the applicable IVit.Yitntlm Special Tax. Second,if the Spccial Tax Requirement has not been satisfied by the first step, rhen 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 Requitement, 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 ro be filed with tic District Administrator during the Fiscal Year the error is believed to have occurred. The District Administrator or designee will then promptly revir_wv the appeal and, if necessary, meet wirh 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 cnsc, a refund shall be granted. R 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: Sep p;l5er 7,2005 6 CID,of Palm Sprit{gr Covimoxy Facilities Uirfnd No. 2005-1 (Pub fir Sa(el5r Senwrer) a. A Resulentigl Property consisting of one Or TWO person(s) earning $15,300 or less gross income: per year, upon complying with procedures ro establish such exemption, or b. A Residential Property consisting of three persons earning $17,900 or less gross income per year, upon complying vide procedures to establish such exemption, or C. A Residential Property which qualifies for either the 1-.ow Tncomc Rate Assistance (TSRr\) exemption for electrical or gas sere ces 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. MANNFR OF COLLECTION Special Tax as levied pursuant to Scction D above shill be collected in the same manner and at the saute time as ordinary ad vellarrm 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 otlietiiise determined appropriate by the District Administrator. H. TERM OF SPECIAL��$ Every five years after the establishment of the District, the City Council may reexamme, if deemed necessary by City Council, die necessity of the continuance of the Special Tax through the preparation of a hiscal Impact Analysis, otherwise the Special Tax shall be levied in perpeLairy Siptenwber 7,2005 7 GD,of Pdlnr Spri)gf Cwxzunry Pa'iltkes Dumit No.2003-1 (P;'blie Sojry Sermses) EXHIBIT B OFFICIAL BALLOT I I I I I I I I I C�pA1.M.;o r� y Ytt U N �F ^ °gtrFana'P OFFICIAL BALLOT SPECIAL ELECTION City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) Annexation No. 2 This ballot is for a special landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Palm Springs no 1aLcr than 6:00 p.m. on November 15,2006, either by mail or in person. The City Clerk's office is located at 3200 ) asi Tahquitz Canyon Way, Palin Springs, California, 92262. To vote,mark a cross (X) in the voting square after the word`YES" or after the word "NO". All distingtnshing marks otherwise inade arc forbidden and make the ballot void. TFyou wrongly maul., tear, or deface this ballot, return it to the City Cleric of the City of Patin Springs and obraiii another. PROPOSITION A Shall special razes be levied annually on raxil>le property within ❑ Aimexadon No. 2 of the City of Palm Sprnigs ConnnuntLy Facilities District No. 2005-1 Yes (Public Safety Sciences), County of Riverside, State of California (die "District"); and to lc�y and collect such special taxes so long as the special razes ire needed to pay for police services, Fire protection and suppression services at the spcci;al tax rates and pursuant to die method of apporuonmg the special taxes ser forth in Exhibit "B" m The Resolution of ❑ No Formation (Resolution No. 21425) adopted by the City Council of the City of Palm Springs on Ocrober 19, 20057 PROPOSITION B: ShaA an appropriations linut,as dcfincd by subdivision (h) of ❑Yes Section S of Article XIIIB of the Califomia Constirunon, be established for Annexation No. 2 of the City of Palm Springs Community Facilities District No. t 2005-1 (Public Safety Services),County of Riverside, State of California,in the ❑ No j amount of$115,500,000? i ! Number of votes: I t Tract: Proj ect N ame: Property Owner: By: I C��� Exhibit "B" i I I I I i I I I i i RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF ANNEXATION NO. 2 OF CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 2 TO FINANCE PUBLIC SAFETY SERVICES, AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT ' WHEREAS, pursuant to Section 53325.1 of the California Government Code the City j Council (the "City Council") of the City of Palm Springs (hereafter referred to as the "City") has adopted the resolution authorizing the annexation of territory to City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services), County of Riverside, State of California(hereafter referred to as "CFD No. 2005-I"); and W-IERCAS, by that resolution, the City Council called special elections on the propositions to be submitted to the voters of the territory proposed to be annexed to CFD No. 2005-1 (hereafter referred to as "Annexation No. 2") with respect to the levy of special taxes therein for the financing of public safety services within CFD No. 2005-1; and 1 WHEREAS,pursuant to Section 53326 of the California Government Code, it is necessary that the City Council submit to the voters of Annexation No. 2 the annual levy of special taxes on taxable property within Annexation No. 2; and WHEREAS, pursuant to Section 53325.7 of the California Government Code and the provisions of the Code, the City Council may also submit to the voters of Annexation No. 2 a proposition for the establishment of an appropriations limit for Annexation No. 2; and WHEREAS,the City Clerk has advised the City Council that she has received a statement from the Registrar of Voters of the County of Riverside that there are less than 12 persons i registered to vote within Annexation No.2; I NOW, Tf-ILRCFORE, BE IT RESOLVED, determined and ordered by the City Council for the City of Palm Springs Community Facilities District No. 2005-1, Annexation No. 2 as I follows: SECTION I Findings. The City Council finds that: (i) the foregoing recitals are true and correct; (ii) 12 persons have not been registered to vote within the territory to be annexed to CFD No. 2005-1 for each of the 90 days preceding the close of the public hearing on November 15, 2006; (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this resolution shall be by the landowners of the territory to be annexed to CFD No. 2005-1, whose property would be subject to the special taxes if they were levied at the tirne of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within Annexation No. 2 which would be subject to the proposed special taxes if they were levied at the time of the election; (iv) the owners of all of the land in Annexation No. 2 by written consent (a) waived the time I I RESOI UTION NO, limits set forth in Section 53326 of the California Government Code for holding the election called by this resolution and the election on the propositions (b) consented to the holding of the election on November 15, 2006, (c) waived notice and mailed notice of the time and date of the election, (d) waived an impartial analysis by the City Attorney of the ballot propositions pursuant to Section 9280 of the California Elections Code and arguments and rebuttals pursuant to Sections 9281 to 9287, inclusive, and 9295 of that Code, and mailing of a statement pursuant to Section 9401 of that Code, and (e) waived a synopsis of the measures to be included in the official ballot for said elections pursuant to Section 12111 of that Code; and (v) the City Clerk (herealter referred to as the "City Clerk") has consented to the holding of the election on November 15, 2006. SECTION 2 Call of Election. The City Council hereby calls and schedules a election for November 15, 2006, on the proposition of the annual levy of special taxes on taxable property within Annexation No. 2 to CFD No. 2005-1 to finance public safety services within the CFD No. 2005-1, and on the proposition of the establishment of an appropriations limit for Annexation No. 2 to CFD No. 2005-1. SECTION 3 Propositions. The propositions to be submitted to the voters of Annexation No. 2 at such special election shall be as follows: Prnpn.eirion A Shall special taxes be levied annually on taxable property within Annexation No. 2 of the City of palm Springs Community Facilities District No. 2005-1 (Public Safety Services), County of Riverside, State of California (the "District"); and to levy 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 tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit "B" to the Resolution of Formation (Resolution No. 21428) adopted by the City Council of the City of Palm Springs oil October 19, 2005? Proposition B: Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article X111B of the California Constitution, be established for Annexation No. 2 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 S 115,500,000? I SECTION 4 Conduct of Election. Except as otherwise provided in Section 6 hereof, the consolidated special elections shall be conducted by the City Clerk in accordance with the provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as they tnay be applicable. I SECTION 5 Election Procedures. The procedures to be followed in conducting the consolidated special elections on (i) the proposition with respect to the levy of special taxes on taxable property within Annexation No. 2 to CFD No_ 2005-1 to pay for public safety services, and (ii) the proposition with respect to the establishment of an I RESOLUTION NO. appropriations limit for Annexation No. 2 to CFD No. 2005-1 in the amount of $115,500,000 shall be as follows: (a) Pursuant to Section 53326 of the California Government Code, ballots for the Special Elections shall be distributed to the qualified electors by the City Clerk by mail or by personal service. (b) Pursuant to applicable sections or the California Elections Code governing the conduct of mail ballot elections of cities, and in particular Division 4 (commencing with Section 4000) of that Code with respect to election conducted by mail, the City Clerk, or designated official shall mail or deliver to each qualified elector an official ballot in the appropriate form attached hereto as Exhibit "A," and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, a return identification envelope addressed to the City Clerk for the return of voted official ballots. (c) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner- voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf or the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner-voter's land ownership within Annexation No. 2 to CFD No. 2005-1. (d) The return identification envelope mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of the declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk. I (e) The information to voter form to be delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be I I I RESOLUTION NO. returned to the City Cleric properly voted as provided thereon and with the certification appended thereto properly completed and signed in the scaled return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 6:00 p.m, on the 15th day of November 2006; provided that if all qualified electors have voted, the elections shall be closed with the concurrence of the City Cleric. (f) Upon receipt of the return identification envelopes, which are returned prior to the voting deadline on the date of the elections, the City Cleric shall canvass the votes cast in the election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot. I I I i I I I ' I I RESOLUTION NO. The foregoing Resolution No. was passed and adopted by the City Council of the City of Palm Springs on the 15th clay of November, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor, Ronald Oden City of Palm Springs Attest: City Clerk, James Thompson City of Palm Springs EXHIBIT A OFFICIAL BALLOT I I I I O4?ALM SA4 s � I � � I V N I ^CRtIFBRNtip I I I OFFICIAL BALLOT SPECIAL ELECTION City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Scrviccs) I Annexation No. 2 I This ballot is for a special landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Palm Springs no later than 6 00 p.m. on November 15, 2006, either by EnA or in person. The City Cleric's office is located at 3200 East Tahgcntz Canyon Way, Palm Springs, California, 92262. To vote,mark a cross N- in the voting square aflu the word"YES" or after the word "NO". All disringuishnhg marks ocherwrise made are forbidden and snake the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Palm Springs and obtain another. i I I PROPOSITION .A.: Shull spccial taxes be levied annually on taxable property u-ltvn Yes ❑ Annexation No. 2 of Elie City of Palm Springs Community Facilities District No. 2005-1 (Public SaCcty Services), County of Riverside, State of California (the "District"); and to levy and collect such special taxes so long as the special ta_�es are needed to pay for police services, fire proleciion and suppression services at the special tax rates and pursuant to the method of apportioning the special taxes set forth in L'.xhibit "B" to Elie Resolution of NO Portnation (Resoluton No. 21428) adopted by the City Council of the City of Palm Spnngs Oil October 19,2005? I PROPOSITION B: Shall an appropriations hrnit,as defined by subdivision (h) of ❑yes Section 8 oFArucle XIIIB of the California CORSCICLILIon,be established for Annexation No. 2 of the City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services), County of riverside,State of California,in the ❑ No amount of$115,500,0002 Number of votes: I Tracr: I ' I , Project Name: I Property Owner: I I I By: - r)r- I _a I I I I Exhibit "C" I RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF TIIE CITY OF PALM SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING TIIE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES),ANNEXATION NO. 2 WHEREAS, The City Council of the City of Palm Springs (the "City Council"), has previously formed a Community Facilities District pursuant to the provisions of the "Mello-Roos Community I cilideq Act of 1952",being Chapter ter 2.5,Part 1, Division 2, Title 5 of the Government i ty "a Code of the Statc of California, said Article 3.5 thereof, The existing Community Facilities District being designated as Community Facilities District No. 2005-1 (Public Safety Services) (hereafter referred to as CFD No 2005-1); and, WHEREAS, the City Council initiated proceedings to annex certain territory to Community Facilities District No. 2005-1 (Public Safety Services), Annexation No. 2 (hereafter referred to as "Annexation No. 2"); and WIIEREAS, at this time the unanimous consent to the annexation of Annexation No. 2 has been received from the property owner or owners of such territory; and WTIEREAS, less than twelve (12) registered voters have resided within the territory of Annexed Area for each of the ninety (90) clays preceding November 15, 2006, therefore,pursuant to the Act the qualified electors of Anncxation No. 2 shall be the "landowners" of Annexation No. gas such term is defined in Government Code Section 53317(1) and each such landowner who is the owner of record, or tlac authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within Annexation No. 2;and WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special Taxes on the property within Annexation No. 2 to the qualified electors of Annexation No. 2 and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of Annexation No. 2; and WHEREAS, the City Clerk of the City of Palm Springs has caused ballots to be distributed to the qualified electors of Annexation No. 2, has received and canvassed such ballots and made a report to the City Council regarding the results of such canvas, a copy of which is attached as Exhibit A hereto and incorporated herein by this reference; and WHEREAS, at this time the measure voted upon and such measure did receive the favorable 2/3's vote of the qualified electors, aiid the City Council desires to declare the results of the election; and WHEREAS, a map showing the territory ro he annexed and designated as Annexation No. 2 (hereafter referred to as the "Annexation Map"), a copy of which is attached as Exhibit B hereto and incorporated herein by this rcfcrc iec, and a list of Assessor Parcel Numbers and landowners, a copy of which is attached as Exhibit C hereto and incorporated herein by this reference,,has been submitted to the City Council. NOW,THEREFORE, BE IT RESOLVED, determined and ordered by the City Council for the City of Palm Springs Community Facilities District No. 2005-1,Annexation No. 2 as follows; n�rt1��r - RESOLUTION NO. Section 1 1 • i la. The above feCltffls arc all LAIC atld Correct. Section 2 Findings. This City Council does hereby determine as follows: (a) The unanimous consent to the annexation of Annexation No. 2 to CPD No 2005-1 has been given by all of the owners Ncidun Annexation No. 2 and such consent shall be kept on File in the Office of the City Cleric. (b) Less than twelve (12) registered voters have resided within the territory of Annexation No. 2 for each of the ninety (90) clays preceding November 15, 2006, therefore, pursuant to the Act Elie qualified electors of Annexation No. 2 shall be the "landowners" of such Annexation No- 2 as such term is defined in Government Code Section 53317(�. (c) The qualified electors of Annexauon No. 2 have unanunously voted in favor OF the levy of special raxes within Annexatton No. 2 upon its annexation to CFD No- 2005-1. Section 3 Annexed Area. The boundaries and parcels o1 territory wIIh111 Annexation No- 2 and on which special taxes will be levied in order to pay for the costs and expenses of authorized Public Safety Sciviccs arc shown on the Annexation 1NIap as submitted to and hereby approved by dits City Council. Section 4 Oerinrarion of Annexation- The City Council does hereby determine and declare that Annexation No. 2 is now added to and becomes a part of CPD No. 2005-1. The City Council, acting as die legislative body of CPD No. 2005-1, is hereby empowered to levy die authorized special tax widlin Annexation No. 2. iSection 5 Notice. Tmmediately upon adoption of this Resolution, notice shall be given as t follows: An Amendment to the Notice of Special Tax Lien (Notice of Annexation) shall be recorded in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution. I I 1 I I I I I I t t RESOLUTION NO. The Foregoing Resolution No. was passel and adopted by the City Council of the City of Palm Springs on the 15th clay of November, 2006, by the CollovAng vote: AYP S: NOES: ABSENT: ABSTAIN: I Mayor,Ronald Odeo City OF Palm Springs Attest, City Clerkjtimes Thompson City of Palm Springs EXHIBIT A CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT Of VOTES CAST STATT OF CALIF ORNIA ) COUNTY OF RIVERSIDE. CITY OF PALNI SPRINGS ) The undersigned, ELECTION OFFTCTAL OF THE: CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, C)(]I .S 1-II-RI BY CERTIFY that pursuant to the provisions of Section 53326 of the Government Codc and Division 12, col-11mencmg with Section 17000 of the Llecuons Code of the State of California, I did canvass the returns of the votes cast at the CITY Oh l'ALfv1 SPRINGS CONIVI UN tTY FACILITIES DISTRICT NO 2005-1 (PUBLIC SAFETY SRRVTCFS) ANNLXA'IT1ON NO. 2 SPT?CTAT.P.T.BCTTON in the City, held on November 15, 2006. I FURTHER CLRl'IfY that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed, Annexauon No 2 to Community Facilities Disrricr No. 2005-1 (Public Safety Services) of the City of Palm Springs for or against the Measure are full, true and correct. VOTES CAST ON PROPOSITION 1, YES NO VOTES CAST ON PROPOSTTION 2' 1TS NO WITNESS my hand this 15th day of November, 2006 City Cleric,James Thompson City of Palm Springs € �: F, a 4 ha � I-� r~' W Q .� G.� W � a w SI IEET I OF 3 MAP OF PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO.2 CITY OF PALM SPRINGS CODNTY OF RIVERSIDE STATE OF 0ALIKORNIA "IF-INTI1 CFFIGD OFTHE CITY CLERNTHI'u DAYCF I HEREBY CEBI'IFv Mu Ine Wnnm MAY snowme 1 11o1 o.co uoununinu• OFANNE'NTION NO LTD COMMUNITY FACILITIES EI°TNIC'f NO tam, (PUBLIC SAFEfYEERVICEB)CRY OF PALM SPRINGS LCJNIY or RIVERSIDE UATEOFMUFORNIA WAS APPROVED BY THE CITY COUNCIL CFTIECRYOF PALM SPRINGS ATA REGULAR MEETING THEREOF HELD ON TI IE DAYOF 2000 BY US RESOLUTION NO CRYCLERK CRY OF PALM SPRINGS :FOTIu—MYCF SOOO ATTiEIICUROF —On MAV n/3'u a SO3MFMANA CommorvITYMaclu rnu DEUTTI Acgq 1x InFOFF1cFOF THE COUNTYREacriDER COUNTYOf NNFOSIDE CIAREo1°cAII'DnxIA FEE INSTRUMENT NO LARRY WARD ASSESSOR COUNTY CLERK RECORDER DIFEAP.1 MR BY DEWTY COUNTY RECORDER COUMY OF RIVERSIDE o BOUNDARY MAn OF DOMMUnITY 1FAULIAEm aien MAUL NO vos1 K vuuc SArcTY:eImlCe:l CF TID CITY OF PALM SPRIN GB RECORDED WITH THE PoVENBN E OCu N I Y ne[aI MEE m OFFICE ON NOVEMBER 1 2wE IN SOON A OF MAPS OF AdSECcm[nI AN. COMMUNIIYFACILMESOISTRICTB PAGES71•P ASINSTRUMENTNO OW 006,JU a RIIORAM HALLAND BE LAYFANI LOT ORn A DHOWSr N CxT SO C u RIIAOMMSCOUBE Moffi OH&AND AImmCnmorvUu cnowx ONO RIVERSIDE COUNTY nBdEddOnL mN'S f@I I n0:[IwI Ieeu u�uo DAVxrv1ti MEMO r ALL LLB CI T¢un[SAVD oM[x.Iox.D71JoILUTE.OR vAeCIELS ; W N IM..l un En 1 W E I I G I I I ASM! aSSE"COH.. TMC1 AD PPHGLL NO NO Got-0zo-014 SEE, LEGEND 1 ANNEXAIION FiOUNDARY I� ASSE53MENTNUMEER 1 I I r Mu�yniPmancia] � }�IbyO�yWyULUY y I Mom Ibll MI��T�IM1F IEiI OFM]Jle I I I SHEET 20FO MAP OF PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 2 CITY OF PALM SPRINGS COUNTY OF RNERSIOE STATE OF CALIFORNIA J � CD a O o «4 00 00�0 �e� Cm QT� a � Q e 0 4CED CUD o� woo �00 Q R Om��00 CH OO M j j LE02W-W OR5 TRALT N NO NO "pny�0-0NeumawW E sOa 0 smsw.oex '� LEGEND nn55..5 n ANNI]ATION SOUNOARY -W CD ASSESSMENTNUMBER I M uniFinancial ��-,.t,,.mat. _ I SHEE 30Fa MAP OF PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO, 2 CITY OF PALM SPRINGS COUNTY OF RIVERSIgp STATE OF CAI.IFOPNIA 4 � m z x m SUNPIBE WnY r I Harm �iepEn^ofry MAC' N N 0. OMDI NO sns am-*Is =m inn cnnaoaol aoaca Inl -0a.nu +r� W1 E 5 LEGEND ANNE TIDN DOIJN wY I Q ASGEGSMENT NUMBER ' F I R � I � I I I I �-FYGN I muniFinancial I O �q'✓p Wu�YY ����� I �Wn��w�ni I�it eRan I EXHIBIT C LIST OF PROPERTIES TO BE ANNEXED LIST OF PROPERTIES TO BE ANNEXED TRACT APN Palm Springs Development Name 33933 501-020-016 The Murano by Enterprise Companies 33341 502-530-001 to 502-530-003 156 @ Tahquitz by Palm Springs Modern Homes 33341 502-530-007 to 502-530-039 156 @ Tahquitz by Palm Springs Modern Homes 33341 502-530-073 156 @ Tahquitz by Palm Springs Modern Homes 33341 502-540-001 to 502-540-040 156 @ Tahquitz by Palm Springs Modern Homes 33341 502-540-061 to 502-540-062 156 @ Tahquitz by Palm Springs Modern Homes 33341 502-540-077 156 @ Tahquitz by Palm Springs Modern Homes 33341 502-541-027 to 502-541-082 IS6 @ Tahquitz by Palm Springs Modern Homes 33341 502-541-084 156 @ Tahquitz by Palm Springs Modern Homes 33936 508-060-015 Terra Vita by D.L. Freeman 303s0 677-030-001 Alexander Vista Estates by Contempo Homes 33443 677-030-03Z Alexander Village 11 by Contempo Homes: Tribal land I I Exhibit "D" i ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVIC:ES),ANNT7.XATTON NO- 2 WT-IrRrAS, the CTTY COUNCTL of the CITY OF PALM SPRINGS, CALIFORNIA (the "City Council"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of a special tales in a community facilities district, all as authorized 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 the City of Palm Springs Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Palm Springs under Sections 3, 5 and 7 of Article XI of the Constitution of the Statc of Califotnia (the "Ordinance") (the Act and the Ordinance may be rcfen-ed to collectively as the "Comrnuniry Facilities District Law"). This Community Faci.Titics District is designated as COMMUNITY FACILITIES DISTRTCT NO. 2005-1,ANNEXATION NO. 2 (the "District"). The City Council of die City of Palm Springs, California, acting as the legislative body of Community Facilities District No. 2005-1,Annexation No. 2, does hereby ordain as follows: i SECTION 1. This City Council does, by the passage of this ordinance, authorize the levy of special taxes within the District pursuant to the Rate and Method of Apportiorunenr of Special Talcs as set forth in Exhibit "A" attached hereto (the "Rate and Method"), referenced and so I incorporated. I 1 SECTION 2. The Finance Director of the City is hereby authorized and directed each ' fiscal year to determine the specific special tax rate and amount to be levied for the next ensuing I I fiscal year for each parcel of real property within the District, in the manner and as provided in the i Resolution of Annexation. I SECTION 3. The special taxes herein autbotized, 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; j provided, however, the Disinci may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may,by resolution, elect to collect the special taxes at a differenr time or in a different manner of necessary to meet its financial obligations. ' SECTION 4. 'Ibe special taxes shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of California,which lien shall be a ' continuing lien and shall secure each levy of the special tax. The lien of the special tax shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied and canceled in accordance with Section 53344 of the Government Codc of the State of California or until the i i I - — 1 city OiTak,springs Corarmrni y Faalities Distnet No. 2005.1 I Annexation No.2 I (Pnblie S414 Semites) I n�� r) special tax ceases to be levied by the City Council in the manner provided in Section 53330.5 of said Government Code. SEC'1TON 5. This Ordinance shall be effective durty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in the City pursuant to the provisions of Govcmmcnt Code Section 36933. Introduced at a regular meeting of the City Council of the City of Palm Springs, California, on November 15,2006, Lnacted at a regular meeting of the City Council of the City of Palm Springs, California,held on this 15°i day of November, 2006,by the following vote! AYES: COUNCILMENMERS NOES: COUNCIL MEMBERS ABSTAIN: COUNCILMEMBFRS ABSENT- COUNCTJ,NMMBERS A'i"I'EST: City Clerk City of Pahn Springs APPROVED AS TO FORM: City Attorney i City of Palm Springs i 2 GO ofPabrr Springs Commonly Fadfides Disliicd No. 2005-1 Annexation No. 2 i (Public,Safety 5'emuer) EXHIBIT A CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) RATE AND METIIOD OF APPORTIONMENT A Special Tax of Comrnunity Facilities District No. 2005-1 (Public Safety Services) of the (:try of Palen 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 apportionmoit 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 Cominurury Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Governinenr Code of the Statc of California, as amended, which authori>cs 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 serviecs. "Administrative Expenses" means the actual or estimated costs incurred by Elie City as adnninisrrator of the District to determine, levy and collect the Special Taxes, including doe 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 tolls, 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 Mcmorandun of Understanding for the fiscal jyear 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 Tabor, 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 i index. i - P Ciey Y Palm S pnr?gr i Co.,ww oily FaciliPies DiOiLl Nn. 2005-1 f]7airexadiar7 No. ? (hnGlic Sgfedy Serniees) �r) n(071 "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel ni.=ber. "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" mcans 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 pennit has been issued for purposes of constructing a residential stiucturc consisting of two or more residential units that share common walls, including, but not limited to, duplexes, triplexes, town homes, condominiums, and aparrmenr 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 pemut(s) has been issued for purposes of constructing one Single-family residential dwelling unit. "District Administrator" means an official of the City, or cicsignec thereof, responsible for dctermirdng the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "District" means Community Facilities Disrricr No 2005-1 (Public Safety Services) of the City of Palm Springs, "Entitled Property" means an Assessor's Parcel and/or Lor 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 tern "Entitled Property" shall apply only to Assessors' Parcch and/or Lots,which have been subdivided for the propose of residential development, excluding any Assessor's Parcel that is designated as a remainder parcel deternvned by final documents and/or maps available to the District Administrator. "Final Map" means an Assessor's Parccl Map, a final subdnasion map, other parcel snap, other final map, other condominium plan, or functionally equivalent map that has been recorded in the Office of the County Recorder- 2 _--- 0n,of Palm Springs Communq Facilities District No. 2005-1 t Annexafiou No. 2 (Publzc Safety Semicn) 3 "Fiscal'Year" means the period startng July 1 and ending on the following June 30. "Land Use Class" means any of the classes listed in Table l. "Lot" means property within a recorded Final Map idenrilied by a for number for which a building peitnit has been issued or may be issued. "Maximum Special Tax" means the maximum Special Tax, detemuned 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 wluch a building perniit(s) has been issued for a non-tcsidcntial use and does not contain any residendal units as defined under Developed Single Fannily 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 ownet association,including any master or sub-association. "Proportionately" means in a manner such that the ratio of the acrual 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 Districr formation or at the rune of a+n 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 governmenr, the Srare, the County, the City or any orher public agency. "Public Safety Service Costs" means the estimated and reasonable costs of providing police ' services and fire protection and suppression services and life safe services, including but not t P- PP ':: safety b t limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fie appararus, supplies, (iii) the salaries and benefits of City staff that directly provide police services and fire prorecrion and suppression services and life safety services, respectively, and (iv) City overhead costs associated with providuig 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. t "Special Tax" means the Special Tax to be levied in each Fiscal Year on each Assessors Parcel of Taxable Property to fund the Special Tax Requrement, and shall include Special Taxes levied or ro be levied under Sections C and D,below. ' "Special Tax Requirement" means that amount required in any Fiscal Year for the District ro: (1) i pay for Public Safety Service Costs; (ii) pay reasonable Administrative Expenses; (iii) pap 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 Ycar;less any surplus of funds available From the previous Fiscal Year's Special Tax levy. "State" means the Srare of California. i i i i 3 CiDr of Palm Springs • Comnj uri�i Facilities District No. 2005-1 Annexation No. 2 (public.Sajei i Services) t_j nc q "'.Taxable Ptopetty" means all of the Assessor's Parcels within the boundaries of the District and any future annexation to the District that are not cxcmpt from the $pccial 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) Properry Owner. Association Property, (ii) Non- Residential Property, and (iv) property designated by the City or Districr 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 documenrs 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 separare from adjacenr residential dwelling units and is not considered ro 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 Dcvclopc<l Singlc-Family Rcsidcncc of 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 Description Special Tax Class Per Unit 1 Developed Single-Family $350 per Unit Residence 2 Developed Muld-Fanndy $295 per Unit Residence — --- Cq�,of Palm Springs Cannwnily FacalNes District No. 2005-1 Annexation No. 2 (P11121it Safr.•ty Sendrr.•.i) cv, 'L5 On each July 1 following the Base Year (i.e,J Ldy 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 Pet Lot 3 Tmtitled Property $100 per Lot No Anntual 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 dcncjlbcd in Table 3. TABLE 3 Maximum Special Tax for Undeveloped Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Parcel/Acre 4 Undeveloped Property $100 per 51/4Acrc Assessors Parcel i 5 Undeveloped Property $500 per Acre >1/4 Acre ' - S.. C71),ofPalnl Sprinff Cornrnnnity Faalilies Dhlni,l No, 2005-1 Anaevalion No. 2 (Public Su/ey Sernicee) 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. TAX Commencing with Fiscal Year 2006-07, and for each subsequent Fiscal Year, die 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 luv=icd 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 bc• lev7ed each Fiscal Year on each Assessor's Parcel of Entitled Property up to 100"/n of the applicable Maximum Special Tax for Entitled Property. Lastly, if the first two steps have not sauslied the Special Tax Requirement, then the Special Tax shall be levied each fiscal YCar 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 Spccial 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 ro 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 cortcctcd and,if applicable in any case, a refund shall be granted. t t t G Ci1y gfPalm Springs Community Fat7li6ies Dhi77ct No. 2005-1 ' Annexation N& 2 i (Pvbhe Safer,Services F. EXEMPTIONS 1. Residential Property Residcnrial 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) earring $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 earring $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 has services or the Lifeline exemption for telephone services. T)c City is authorized and directed to promulgarc administrative rules and procedures for verification of eligibility for the exemptions referred to in section P. G. MANNER OF COLL_l TI ON Special Tax as levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorezy property taxes; provided, however, that the District Administrator may directly bill the Special Tax, may collect Special'l'axes at a different time or in a different manner if necessary to meet the financial obligations of the District or as otbcr isc dctemuned appropriare by the District Administrator. H. 'PERM OF SPECIA1,-YAX Every five years after the establislunent of the District, the City Council may reexanr nc, if deemed accessary 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 perpenuty. 7 Cely of Patin.Spmxg r Colnoynnii Facilities Drs1ficl No. 2005.1 Anne,w7oa No. 2 (Public Safely Somices) NOTICE OF PUBLIC HEARING Annexation of Certain Territory into City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) NOTICE IS HEREBY GIVEN that, pursuant to Government Code Section 53322, the City Council of the City of Palm Springs, California (the "City Council") will hold a public hearing at 6:00 p.m. on November 15, 2006, or as soon thereafter as practicable, at the Council Chamber of the City of Palm Springs, 3200 East Tahquitz Canyon Way, Palm Springs, California, 92262, for the purpose of considering the annexation of certain territory into the City of Palm Springs Community Facilities District No. 2005-01 (the "District"). On October 4, 2006, the City Council adopted a resolution entitled "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" (the 'Resolution of Intention") stating its intention to annex ' certain territory (hereafter referred to as "Annexation No. 2") into the District pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the "Act"), for the purpose of levying a Special Tax to finance police services, fire protection • and suppression services, and life safety services. A general description of the services to be financed by the District is as follows: Police services, fire protection and suppression services, and life safety services (the `Services') of the City of Palm Springs required to sustain the service delivery capability for emergency and non- emergency services to new growth areas of the City of Palm Springs, including but not limited to, equipment, vehicles, ambulances and paramedics, fire apparatus, services, supplies and personnel; provided, however, that any increases in special taxes for costs related to employee wages and benefits shall be limited as • provided in the Rate and Method of Apportionment of the Special Taxes to fund such Services. ' The same types of services that are authorized to be financed by the District are the types of services to be provided in Annexation No. 2. If and to the extent possible, such services shall be provided in common within the District and Annexation No. 2. 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 the District, 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 of providing those services in the District. 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 of the Special Tax. The maximum special tax rate in the District shall not be increased as a result of the annexation of Annexation No. 2 to the District. Special Tax as levied pursuant to the description 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. At the hearing, the testimony of all interested persons, including all taxpayers or persons owning property in the area, for or against annexation of the District, the extent of the District, the furnishing of a specified type or types of public facilities or services will be heard. If (a) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the District, (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 annexation of Annexation No. 2 to the District 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 issue discussed at the public hearing. All terms not defined herein shall be as defined in the Resolution of Intention Authorizing the Annexation of Certain Territory. The complete text of this resolution, the proposed rate and method of apportionment of the special tax, and the boundary map of the proposed territory to be annexed are on file in the City Clerk's Office and are available for public inspection between the hours of 8:00 a.m, and 5:00 p.m. Monday through Friday. Questions regarding this matter may be directed to Troy Butzlaff, Assistant City Manager—Administrative Services, at (760) 322-8336. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. mes Thompson, City Clerk City of Palm Springs i 2 No 3432 ----- - ---- - - - NOTICE OF PUBLIC HEARING Annexation of Certain Territory into CtLy of Palm Springs Community Facilltina District No. 200S-1 (Public Safety Service:) Tl NOTICE IS HEREBY GR EN lnvt pursuant to PROOF OF PUBLICATIONGovernment Code Section rigs, CaliforniaC City One _`C of the cVT of Palma u- s, eE lifga1 tlhe ��oy�•C.�.�,P� pity Council' bill'hoid a pubfche onq lhere00 1 J t m, on November 15.e Co c as soon theraaf- or asp lim-Sble• at me Council Chamber of the Clay of Pelm 5phng 3200 East 262,for C'myon Way.Palm Springs, the annei ttlOn o for the PiJrry pose In Can,(daring the alm Sr Ion of omm ter- rltorryy Into the t y oT Palm Srite)- Community FaCllides District No. 2005-Ot Phe '�istnct"). On October 4, 2005, the Clry Council adopts d a rosaluuon entitled "Resolution of the Clty Council of the City of Palm 5pprinps Califomi9,1]eclarinr��j Its Intention to Authorize the Annexation of Terri Tory to Communl Facilities Diitnct No. 2005-1" STATE OF CALIFORNIA ((the "Resolution a, Intention") stating its intention 4d annex certain territory fllereatter referred to 'i: County at'Riverside Annexation No. 2") Into the Di,.tnct pursuant to the Mello-Roos Community Facilities Act OT 1982 as amended commencing with Section 53311 of the Californim Government Cod, the 'Act") for the purpose of lavyinq a Spaclal Tax to finance police services, fire protection and suppression services, and life caWty services. A Donal description of the services to be fi- nanced by the Diidrici Is as follows: I am a citizen of the United States and a resident of Police :&Vices• fire rore,tion ant-supp ression the County aforesaid; 1 am over the age of eighteen services, and life 4 Pry Services (the- 5<wreds) or the City Of Palm Sp d9s required to sustain foe years,and not a party t0 or interested in the SONIC&dellvery_eapeblllly for emeerrpp''ency and non- emorgnncy-services to new grown, areas of the above-entitled matter. I am the principal clerk of a City of Palm 5prings Including but not limited to printer of the,DESERT SUN PUBLISHING equipment, vehicles, ambulances and purimWics• fire apparatus, services, supplies and pen;onnpl; COMPANY a newspaper of general circulation, provided, however that any rncmases In special taxes for casts (elated to employee wages and printed and published in the city of Palm Springs, benunr; shell be limited o. provided in t c Fate County of Riverside,and which newspaper has been undo fund such ,orvce,sment of the special Tax- County a newspaper of general circulation by the The same tvpus of services that am authorized to Superior Court of the County of Riverside,State of be Illlanced by the District are the types of ser- vices to be provided In Annoxotien No. 2. I, and California under the date of March 24, 1988.Case to the extent possible.Such services shall be pro- vided in common within the Dlsttici and Annex- Number I91236, that the notice,Of Which the atlon No. 2 annexed is a printed copy(set in type not smaller The Special tax proposed to be levied within An- than non parial,has been published in each regular nexatlon No. a, for services to be supplied within Annexation No.2::h1II be equal to the dpi,cial tax and entire Issue of Said newspaper and not In any levied to pay for the same sarvlces in the DiJi-icl, except th:d ahigher or lower,.p,.clot tax may be supplement thereof on the following dates,to wit: levied within Annexstmn No. 2 to the extent that the actual coat of providing the servicco in An- nexation No.2 Is higher or lower than the cast of October 27"',2006 pravlding those services In the District Natwlth- stantlmg the foregoing, the special tax may not ...........-..,�.,._-----_— _be levied at 'i rate that Is 1,1ri then the maxi- mum special tax authorized to be I,vietl pursuam to the Ram and Method of Apportionment of the Special Tax. All in the year 2006 The maximum special tax rate In the District shall not be increased as a result of the annexation of Anriexatlon No. 2 W the District. I certify(or declare)under penalty of perjury that the Special Tox as levied pursuam to the description above shall be collected In the same manner and foregoing is[rue and correct. at th,,esme time as ordinary ad valorem pro taxes provided, however,that the District Admin- Ltratoi may din,cuy bill the Special Tax, may Cal- Dated at Palm Springs,California this--271h,--dayIctt Special Taxes at n dr-terent time or in a all- -ferant manner-It necessary to meet the financial obligations of 1h6 District or as othi^rwlse deter- of'--------October- — ----------,2006 -- mined approprl_ate.by lhe_Dlstnct Adminlstratar. _ r.J At the he living.the testimony of all Interested pu r- stns including all taxpayer;or persons awningg properrtyry In the area,Tor or a❑❑���Inst annexation of the Ditnot,the extent or the l]Istrlct,the fgrninh- Ins of a specliied type or type: of public facililica ci, .,r �_ -� or services will be heard. If ((a) 5n/ or more of e--- ------ the registered voters, or six (B registereo voters, z �^ �� -y Sig,a[ure whichever Is more, residing wl�hln the District, (b) 50"/.ar more aI the re toned voters, or six (6 b ',TU registered voters, o.2.(cver n more,one-half r within Annexation of l n (I the tur it one-half d } more of the area of land In the t,rcilery Included - ,n In Annexatlon No.2, or fd) owners of on hall or - C_J — more of the area of land u in the territory included C CD - In Annexation No. 2, file written protests against the roposed annexaton of Annexation No. 2 to c� the�Istrwt In the future and such protests are nCt withdrawn se .its to reduce the protests to less t— ti than a majority, no further prococdmg: chall be undertaken for a period of one year from the date ` of the docii by the City Council on the•issue discussed at the public hearing. ` 1 ✓ All terms not defined horde shall be as defined In �R the Resolution of Intention Authorizing the Annex- ation of Certain Territory. The complete text of this resolution, the proposed rate and method of apportionment of Lila special tax, and the bound- ary map of the proposed territory to he annexed are on file In the Gify Clerk's Office and are avail- able for public Inspcc40n between the hour, of B-00 a m. and 5.00 p.m. Monday through Fptlay. Questions regarding this:miner may be directed to Troy Butdarf, Assistant City Winagei'-Admin- istrative Services at 760) 322-833G. 51 neceslia syuda can eats Carla,pomavor(lam,e 1. 7 n " '•Ir v ni le hablar con