Loading...
HomeMy WebLinkAbout5/16/2007 - STAFF REPORTS - 3.B. Jay Thompson Hi Jay: Attached are the complete Petition packets For Annexation 4 property owners who have returned a signed Petition to your office. Please let me know if you have any questions or comments. Thanks again for all your help! Jennie ***Email 2 of 2*** From: Jennie Carter Sent: Wednesday, May 16, 2007 2:11 PM To: 'Jay.Thompson@palmsprings-ca.gov' Cr: Troy.Butzlaff@palmsprings-ca.gov' Subject: Annexation 3 into CFD 2005-1 (Petitions for Intent Meeting) - EMAIL 1 OF 2 Hi Jay, Attached are the complete Petition packets for all property owners who have returned a signed Petition within Annexation 3. I will forward the ones for Annexation 4 momentarily (file was too large to send in one gropu). For reference, I've attached a detailed database including the percentage of Petitions received from each annexation group. We have more than satisfied the 10% minimum Petition requirement so that we may successfully move forward with the agenda items for both annexations later this evening: ANNEXATION 3 = 31%. signed Petitions received Five Star Property Development --> Signed Petition Received 803 N Palm Canyon --a Signed Petition Received The Racquet Club --a Signed Petition Received ** Smoketree Commons Shopping Center --a will NOT be returning her signed Petition, so this one may need to be removed prior to the Public Hearing ANNEXATION 4 = 980/a signed_Petitions received Smoke Tree (L'Apache LLC - David Wyman) --> Signed Petition Received Smoke Tree (Grace Jones Ross) --> Signed Petition Received Smoke Tree (Howard and Mabel Harris) Signed Petition Received Smoke Tree (Ralph and Janet Erickson) Signed Petition Received Smoke Tree (RPE Investments - Robert Engle) Signed Petition Received Smoke Tree (Smoke Tree Inc - Tracy Conrad) Signed Petition Received ** Smoke Tree (Edward and Katrina Wheeler) not received yet ** Smoke Tree (Peter M. Sears) --> not received yet I will be leaving the office within the next hour, so if either you or Troy should need to reach me while I'm en route to the City, Please feel free to contact me on my mobile phone at (909) 997- 4114. Thank you! Jennie ***Email 1 of 2*** 5/16/2007 Jennie-Car er - - Analyst, Financial Consulting Services MuniFinancial 27368 Via Industria, Suite 11.0 Temecula, CA 92590 (951) 587-3500 Main (951) 587-3515 Direct (951) 587-3510 Fax From: Jennie Carter Sent: Wednesday, May 16, 2007 9:50 AM To: 'Jay Thompson' Subject: RE: Community Facilities District Good morning Jay: I'll put together the complete petition packet for each developer (including the 2 most recent ones you just emailed me), and I'll email the packets to you by this afternoon. And if any other petitions are faxed in the meantime, I'll do the same thing for those ones as well. Thanks a bunch! Jennie From: Jay Thompson [mailto:Jay.Thompson@palmsprings-ca.gov] Sent: Wednesday, May 16, 2007 9:04 AM To: Jennie Carter Subject: RE: Community Facilities District Thanks, I can copy the map for tonight's meeting. If you could put together the complete petition packet for each developer that would be great. Jay From: Jennie Carter [mailto:jenniec@muni.com] Sent: Tuesday, May 15, 2007 5:17 PM To: Jay Thompson; Troy Butzlaff Subject: RE: Community Facilities District Hi Jay, It would be best to maintain records of the entire Petition packets for each project within Annexation 3 and Annexation 4, Unless you have an alternate preference, I can insert the scanned signature pages into a PDF file, and email each complete Petition packet to your attention (to retain as in your permanent files). Each complete Petition packet will include the items listed in your email (detailed below): *Signed petition (2 pages) *Exhibit A - Boundary Map (3 pages in Annexation 3 and 1 page in Annexation 4) *Exhibit B - Description of Services (cover page and one page description) same for each project *Exhibit C - Rate and Method of Apportionment (7 pages) same for each project Also, I've attached the most recent set of Boundary Maps here for reference. I am planning on bringing a few sets of the boundary maps for each annexation with me tomorrow night. Would you like me to prepare and print more than a few sets? Thanks, 5/16/2007 Jennie From: Jay Thompson [mailto:Jay.Thompson@palmsprings-ca.gov] Sent: Tuesday, May 15, 2007 4:48 PM To: Jennie Carter; Troy 6utzlaff Subject: RE: Community Facilities District What exactly should I have on file for each petition? (and for the perm file on these annexations) Just two pages (page 2 as signed)or should I have an entire petition 'packet' on file for each Signed petition (2 pages) Exhibit A Boundary Map (varies between projects) Exhibit B Description of Services (cover page and one page description) same for each project Exhibit C Rate and Method of Apportionment. (7 pages) same for each project. If we need to have 'complete' package for each petition. I will need your assistance, providing all the exhibits and other documents were some projects just faxed me a signature page. Also I am assuming you will be bringing each of the property boundary maps that need to be attached to each resolution. THANKS, Jay James Thompson, City Clerk City of Palm Springs, California TEL (760) 323-8204 From: Jennie Carter [mailto:jenniec@muni.com] Sent: Tuesday, May 15, 2007 4:02 PM To: Jay Thompson Subject: re: Community Facilities District Hi Jay, Thanks for sending me the status of the Petitions received to date, I meant to include you on the latest email correspondence so that you would be kept in the loop regarding the Petitions for tomorrow's meeting. Please let me know if you have any questions or concerns. Thank you! Jennie From: Jennie Carter Sent: Tuesday, May 15, 2007 3:10 PM To: 'Tray Butzlafr Cc: Stephen Ternowchek Subject: RE: Community Facilities District Hi Troy, i was planning on calling you shortly to discuss tomorrow night's meeting. I'm actually expecting another call from one of the property owners shortly, but I thought it best to write a summary here as well in case you might have any comments or questions when we touch base later today. 5/16/2007 We will likely not be receiving 100% of the signed petitions, but From a legal standpoint, that is not a problem because we only need 10 O signed Petitions returned in order to move forward tomorrow night. I'll give you an exact percentage and update of the returned Petitions during the call. On a side note, when the Public Hearing later approaches in June, we will need to receive 100% Consent/Waiver in order to hold the Special Election on the same night as the Public Hearing. I think this may be where some confusion may have arisen since this is the first time Muni will not be requesting a Petition AND and Consent/Waiver prior to the Intent Meeting. In a typical district annexation we usually request both documents to be signed and returned at the same time since it seemed to be less confusing to the property owner. However, since we believed there was a good possibility that we would not receive 100% of both sets of documents back due to the issue that some properties have already been sold to individual property owners, we changed our prior methods at that point in an effort to make things easier all around and decided just to collect only what is necessary for each specific council meeting. As you likely saw from Jay Thompson's emails earlier today, some of the property owners returned the signature page of their Petitions via fax. I've checked with a few of my colleagues and we agree that is ok for the Petition to be signed and returned through various means including hand delivery, fax, email, etc. primarily since the code (Gov. Code. sec. 53319) doesn't specify or prohibit the Petition's return method but only requests that 10% of the Petitions be filed with the City Clerk. Also, thank you for sending the information for Annexation 5. 1 checked my notes, and Tract 33341 was already annexed into the CFD (Annexation No. 2), But we'll be sure to include Tract 33162 in the group for Annexation No. 5 later this year. If you have a preferred time for our call later today, please let me know. Otherwise, I expect to be able to call you at approximately 3:30 p.m. today. Thanks very much! Jennie Right-c here ro downk 5/16/2007 ]rxR APNf CmeloAmen!Name Contact Nam[ al5oal Ovn.v Name Ownee Name AulTorlxetl Slgner Cwn[r 54eet NrlGng Adircsz Owner Haling Cily Stale,Lp I Type of Property Owner Fer Grant Medpiitl[ Acreage AMhoal Re-I—d Petllian Parcmlxge Acreagr Fer Lzi]�GII rl,parec'.[f Li>_f0110ni.3 AP1r5' S10 Y20 039, 5 W OM-035,540 g2R033,S10 020-00O3 510-020 Oil,510 02C 3.269 G2,S1F Wg G3,510 G20 OGS,SlC•-0Z➢096,Slg 0260:],510 Sm kelzee Comwa SM1oppin9 Cen[er o-Dble Gilbert ffmaM1ue$(1JIE'�r Ne=LLy G¢ep,lP Srsoka IIs,[nc ]eH Lik'nbers,Ilark 5L'ntl(ild 2g0 i fur SL,Sul[e 100 Corta Kaa,G92625 SNORE TREE,[LC 25.2H Ib - 69.S6n _ Palm G 92260 Fire Sbr L=L Fre Sta 0e EIL - ric I - 33H]i SIM WRLLIt,�Srl]1W1,i4C f31L02 3h[PdgeR OVb NI@xg llu6rz, Tfl[Aa CClu6 T.Aa�uel Oubhcger6's k1L ale Nr[=1arr V.fl Sey[� a cMiSl�uilk HillsAd PeBe Sp¢g1 G922H_ aaHaR`-xE:[Ou1dh�ybw�buYJj _ P$R4CQUET dA,4f RDRNiIEi,LL 10 I 2&ESA 2l.liY 35.53 31."% IOD.DD 6 PETITION �CCT f, T; J P Regarding Proceedings for Annexation of Territory to Community Facilities District No. 2005-1 C 11-y C; (Public Safety Services) and Related Matters To the Honorable City Council, CITY OF PALM SPRINGS 3200 EAST TAHQT JJT7_CANYON WAY PALM SPRINGS,CALIFORNIA 92262 Members of the Council: This is a petition to institute proceedings to annex territory, including the properly identified and described in Exhibit"A",to Community Facilities District No- 2005-1 (Public Safety Services) (the"District") within the City of Palm.Springs and related matters pursuant to the Mello-Roos Community Facilities Act of 1982, commencing with Section 53311 of the California Government Code of the State of California (the "Act' ,and it states as follows' 1. Petitioner. This Petition is submitted by the person (the "Petitioner") (whether one or more) identified below as or For the record owner(s) of the parcels of land identified below (the "Propciry"). The undersigned warrants to the City of Palm Springs that the Peritioner is such owner, or is a legally authorized representative of such owner(s),and that such ownership constitutes ownership of more than 10% of the property to be annexed, described in Exhibit"A" attached hereto and more particularly described in Section 3 herein. 2. Proceedings Requested. This Petition asks that the City Council undertake proceedings under the Act to annex territory to the District and to levy special taxes therein for the purpose of financing all or part of the public services (the "Services") shown in Exhibit "S" attached hereto and made a part hereof. 3. Boundaries- This Petition asks that the tcuntory, to be included in the boundaries of the annexation, consist of that shown on a map of the proposed boundaries of Annexation No. 3 filed with the City Clerk of the City of Palm Springs and which map is attached hereto as Exhibit"A" and hereby made a part this Petition and which map includes the Property. 4. Special Taxes. The Petitioner agrees that it has reviewed and approves the Ratc and Method of Apportionment of Special Taxes attached hereto as Exhibit "C" and made a part hereof,which Rate and Method has previously been adopted by the City Council of the City of Palm Springs to be used by the City for the levy of Spccial'raxes in the Distinct and any future annexations to the District to pay for the Services- 6. Election. The Petitioner asks that the special election to be held under the Act,to authorize the special taxes and to establish any appropriations limits for Annexation No. 3,be conducted by the City of Palm Springs and its officials, using a mailed or hand-delivered ballot and that such ballot be canvassed and the results certified at the same meeting of the City Council as the public hearing for Annexation No.3 to the District under the Act or as soon thereafter as possible. 7. Waivers. To expedite the completion of the proceedings for Annexation No. 3 to the District, the Petitioner waives all notices of hearing and all published notices regarding the annexation of territory of Annexation No. 3 to the District,notices of election, applicable waiting periods under the Ace for the holding of any public hearing and for election and all ballot arguments and analysis for the election, it being aclmowledged by the Petitioner that all such notices are for the bmefit of the Petitioner and may be waived. The Petitioner agrees to timely complete and return a consent and waiver to be provided to Petitioner by the City in order to expedite such proceedings. 8. Authority Warranted. The Petitioner warrants to the City that the presentation of this Petition, any waivers contained herein, casting of ballots at the property owner election and other actions mandated by the City of Palm Springs to annex Annexation No. 3 to the District shall not constitute or be construed as events of default or delinquencies under any existing or proposed Financing documents entered into or to be entered into by the Petitioner for the Property, including any "due-on-encumbtaace" clauses under any existing security instruments secured by the Property. if requested by the City, the Petitioner agrees, at its expanse, ro supply to the City, current title evidence so that the City may supply any notice and ballot required under the Act to annex Annexation No.3 to the District. 9. Duc-Diligence and Disclosures. The Petitioner agrees to cooperate with the City, its attorneys and consultants, and provide all information and disclosures required by the City about the Special Taxes to purchasers of the Propetty or any part of it. M Agreements. The Petitioner further agrees to execute such additional or supplemental agreements as may be required by the City to provide for any of the actions and conditions under this Petition,including any amount of cash deposit required to pay for the City's costs to annex Annexation No.3 to The DisOrict. By executing this Petition,the Petitioner agrees to all of the above. The Property is Riverside County The Petitioner(record owner)is: Assessor Parcel No(s): Five Star Property e > C 508-181-017 and 508-181-018 and the Property contains a total of By: 0.69 acres. The address of the above for receiving any notice and ballot is: Five Star Property Development,LLC c/o Larry Cornell. 15555 S.E.Riverforest Dr. Milwaukee,OR 97267 MAP OF PROPOSED BOUNDARIES OF SHEETI OF COMMUNITY FACILITIES DISTRICT NO.2005-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 3 CRY OF PALM SPVING9 COuNw F11V 910E mm>,mEo-swcP hs IXn asTSLTns_ua't ca STATE OF CA FOFWA A]T. NFREiY[EhT.FI'RWTTCYii9dH FVP 91SMM3 PR[ =&"IKVRd DF MNtX4TF'M 1Aam C[MnAm'FAauN=cu-mA^T N0.xxst FhST PAW CANYON OHIV 1TL01CYF£TISEf'.10ERCIfY OF PHA1¢TNiSCCINfI'OF RVEAiI$SFAPELR C.VIfOIAlt WA9 MP.T/�E�GYiIECIFYD]IRAI OiIXE E1YCf PAlll EF%HG4 ATA FEf/IJVI NETIY]TETE05 X"1➢ O W hF_CAYOs Y.Vl.3l RB IEP¢MLN 1A � 1] 3 e CIfYOAi W 2 CRYCR PA_NEPPLVa$ _ N O FlERh]$�RVY[( 3VI.ATTENC4i R- PpGCK_V.IX T£9paf�C£NAP$[F,LC9E53lEFTAF9 THE WE 4'lIRY FACI)f O'oTe LR9 AT FA9E(Sf_�NTAE RT-TE C£ IXMMfY ISSiMC£JL WUM1TI CfRYERSL�ETATE OKLVJILFL4A F ' N3lFAYEYF NT. LIXRY VlA9O.iL94E1�ORLpARY 0.iZG FL�D.'i2ER 6Y9EMY O3 O D."MfV fEWRCER ¢ COLNfY MAT.TP&]E FFFE97lLE 191519E mTlVTIP!%iCEDiNIM"LVRYNAP OF C LM © Z FAClf11E6 p9RLCf1q>flJf1 ffLl�1CS�SEFYICEa7 Cf THE QIY � w-�wn¢=rtrus F�.D]RttTW1FNTHE Rr.ErF..oEEwx�+'RELwssra � l4FCE CNIKI.II13E1 I.Z<591 B.TN H6 VAP30.�A SE6CTNFM9 CCMV4MT!FACRITE9 Cl91Fl LTa PfflS]1.i1.AS l6TAU431IlAR Z[S C(4191 PIE LL4MMSM9.EFfl PN60F E WLOT MPY 6!KMY ORMS p'ILiN.M fiXALL le hIC6ELiE!!IO[a1EN°Jp6 W 61AYMICNh_ R.EIEI]E LalIIN1Y ^A.£' .Y.I{$kWb FP I]ICCE PlFL93L]!ER TM h933 TNERiER4i]£C011YIYASiE55C/6FVPl SIV1113]VE44 FpI NL CEIMB mw A93E R5 MIAYPItM1Li TAc pFF9 NA C6EN�ttA CP 5UY11LI8C1iPlq"}.L; Np. P!p[$M] f SIOLLV!91 S SIM3CCp5 sl LEGEhO N s eIO: I e 91C•F]912 ANNEN MN ECHN'GAIHY V a 51oC49a15 0 ASSESS�NIIMEER 9 6[OOd}d0 h] Sf>Q31q] 11 SIPOlOCVS ® Munihnancial MAP OF PROPOSED aCUNDARIES OF SHEET OF COMMUNITY FACILITIES DISTRICT NO.2005.1 (PUBLIC SAFETY SERVICES) ANNEXATION NO.3 CITY OF PA l SPRIKOS COUNTY OF RIVERSIDE STATE OF CALIFORNIA T�Ift nrt a'urt As-=ss�.as rp. �APG"v rro ix samsat FL AT EDA Nh SUhW MAE& ROko y S o 2 � ii z o a < 0 tx � � g 0 N w a r�wa a.sn W AfMi Assessows na ai.H.cc2r2a /^� to w.o-tetnv PLACE $ t� GB1ata�E LEGEND AYNE%ATION WLWARY ®Munihiiancial m A&9ESSNEN NN 3ER fix.-'l►R7�'J`.�^AS..�. MAP OF PROPOSED BOUNDARIES OF avE<zaoFs COMMUNITY FACILITIES DISTRICT NO.2005-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO.3 CRY OF PALM SPRNGS MUNTY OF MERSIDE STATE OF CALIFOANIA asrnr Ass Essons �.+ HO PARCEL pO . 1 50r 0i0 031 3 50 1]] 00] C SO4 3Ea 00] 7. J x BOv UEz PA.IB ��0�E ❑ a S LJ� ® z UaPT,1:3 CD ^� F O o z c mi" ROAD v _n LEGEND < ® m ArrNvrnnarr eouuBARY O ASSE MENTNUMBEA ® MuniFinancial PUBLIC SAFETY SERVICES New police services, fie protection and suppression services, and He safety services (the "Scrviees") of the Cary of Pahn Springs required to sustain the service delivery capability for emergency and non-emergency services to uew growth areas of the City of Palm Springs, including but not limited to, equipment, vehicles, ambulances and paramedics, fare apparatub, supphcs and personnel, provided, however, that any increases in special taxes for costs related to employee wvages and bnnefiiY shall be limited as provided in the Raie and :Method of Apportioumenr of the Special Taxes to fiend such Scrriccs. CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) RATE AND METHOD OF APPORTIONMENT A Special fax of Community Facilities District No. 2005-1 (Public Safety Services) of the City of Palm Springs (the "Distric[') 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 die rate and method of apporuonment of the Special Taff set forth below. All of the real property in the District, unless exempted by law or by die provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final subdivision map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560, "Act" means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the Srate of California, as amended,which authorizes the establishment of the District to finance: a) police protection services, and b) fire protection and suppression services, and life safety services including but not limited to ambulance and paramedic services. "Administrative Expenses" means the actual or estimated costs incurred by the City as administrator of the District to determine, levy and collect the Special "faxes, including the proportionate amount of the salaries and benefits of City employees whose duties are directly related to administration of the District and the fees of consultants,legal counsel, the costs of collecting installments of the Special Taxes upon the general tax rolls,preparation of required reports; and any other costs required to adminisrer the District as determined by the City. "Annual Escalation Factor" means the greater of the increase in die annual percentage change of the All Urban Consumers Consumer Price Index (CPT) or the percent increase of salaries and benefits for public safety employees as stated in the Memorandum of Understanding for the fiscal year of the Special Tax. The annual CPI used shall be for the area of Los Angeles-Riverside-Orange County, CA as reflecrcd in the then-current April update. The annual CPT used shall be as determined by the United States Department of Labor, Bureau of Labor Statistics, and may be obtained through the California Division of Labor Statistics and Research (www.dir.ca.gov/dlsr). If the foregoing index is not available, the CFD Administrator shall select a reasonably comparable index. Seprember 7.2005 1 0 ,of Pnbu Sp niv Coa&wril,baa&ier DirAid No.2005-1 (Pab4w Safeg,Servne�) "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the Counts*designating parcels by assessor's parcel number. "Base Year" means Hscal Year cnclitigJune 30,2007 "City" means the City of Palm Springs. "Council" means [he City Council of the City of Palm Springs,acting as the legislative body of the District. "County" means the County of Riverside, California. "Developed Multi-Family Residence" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing a residential stricture consisting of two or morn residential units Thar share common walls, including, but nor limited to, duplexes, triplexes, town homes, condominiums, and apartment units. "Developed Property" means all Taxable Property, exclusive of Property Owner ublic Association Property, Non-Restdenrial Property, or P 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 perrni[(s) has been issued for purposes of constructing one single-family residential dwelling uniz- "District Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tat Requirement and Providing for the levy and collection of the Special Taxes. "District" means Community Facilities District No 2005-1 (Public Safety Services) of the City of Palm Springs- "Entitled Property" means an Assessor's Parcel and/or Lot in the District, which has a Final Map recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied,but For which no building pernut has been issued prior to the May 1 preceding the Fiscal Year in which the Special Tax is being ]died. The term "1 nttled Property" shall apply only to Assessors' Parcels and/or Lots, which have been subdivided for the purpose of residential development, excluding any Assessor's Parcel that is designated as a remainder parcel determined by final documents and/or maps available to the District Administrator. "Final Map" means an Assessor's Parcel Map, a final subdivision map, other parcel map, other final map, other condominium plan, or functionally equivalent map that has been recorded in the Office of the County Recorder. .September 7,2005 2 ciF,vpd")'Spnnol Cotvmiuw�,FaaGlie., Disinet INTO.2005-1 (Prrblu Sajel,Serwei) "Fiscal Year" means the period starting July 1 aind ending on the following June 30. "Land Use Class" means any of the classes listed in Table 1. "Lot" means property within a recorded Final lvfap identified by a lot number for which a building permit has been issued or may be issued. "Maximum Special Tax" means the maximum Spccial Tax, determined in accordance with Secrion C below that can be levied in the District in any Fiscal Year on any Assessor's Parcel. "Non-Residential Property" means all Assessors' Parcels for which a building permit(s) has been issued for a non-residential use and does nor contain any residential units as defined under Developed Single Family Residence or Developed Multi-Family Residence. "Property Owner Association Property" means any property within the boundaries of the District that is owned by, or irrevocably dedicated as indicated in an instrument recorded wish the County Recorder to a property owner association, including any master or sub- association. "Proportionately" means in a inanner such that the rario of Elie actual Special Tax levy to the Maximum Special Tax is equal for all Assessor's Parcels within each Land Use Class- "Public Property" means any property within the boundaries of the District that is, at the time of the District formation or at the time: of an annexation, expected to be used for rights-of-way, parks, schools or any other public purpose and is owned by or irrevocably offered for dedication to the federal govcrnmcni, Elie State, the County, the City or any orher public agency. "Public Safety Service Costs" reins the estimated and reasonable costs of providing police services and fire protection and suppression services and life safety services, including but not limited to (i) the costs of conrracri0g services, (n) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (in) the salaries and bcnefiEs of City staff that directly provide police services and fire protection and suppression services and life safety services, respectively, and (iv) City overhead costs associated with providing such services within the District On each July l following the Base Year the increases attributed to salaries and benefits shall be calculated and linnited to the increase based on the Annual Escalation Factor- The Special Tax provides only partial funding for police, fire and life safety services. "Special Tax" means the Special Tax ro be levied in each Fiscal Year on each Assessors Parcel of Taxable Property to fund the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Sections C and D, below. "Special Tax Requirement" means that amount required in any Fiscal Year for the District to: (i) pay for Public Safety Service Costs; (ii) pay reasonable Administrative Expenses; (in) pay any amounts required to establish or replenish any reserve funds; and (iv) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rare for September 7,200; 3 Cery of N/V Spn'rgr Comwou_n,Frialitiu DirInd No.200-7-1 (Pubile,Sofll,SeInces) Special Taxes levied in the prcv7ous Fiscal Year; less any surplus of funds available from the previous fiscal Ycar's Speclal 7 ax levy. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels witlrin the boundaries of the District and any future annexation to the District that arc not exempt from the Special Tax pursuant to law or as defined herein. "Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax- Exempt Property includes: (i) Public Property, (ii) Property Owner Association Property, (iii) Non-Residential Property, and (iv) properly designated by the City or District Administrator as Tax-Exempt Property. "Undeveloped Property" means, for each Fiscal Year, all Assessor's Parcels of Taxable Property not classified as Developed Property or Entitled Property, including an Assessor's Parcel that is designated as a remainder parcel and is not identified as potential Public Property by any final documents and/or maps available to the District Administrator. "Unit" means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or indusnial 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 Pmperry, or Undeveloped Property. Developed Property shall he further classified as Developed Singlc-Family Residence or Developed Multi-Fantily Residence. Corninencing with the Base Year and for each subsequent Fiscal Year, all Taxable Property shall be subject to Special Taxes pursuant to Secrions 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-I~amily 5350 per Unit Residence 2 Developed Multi-Family 5295 per Unit Residence September T,2005 .1 00,ofPnlm sp,wv Conan ajiD5 Facilitier pistmt No.2005-7 (Pubbc Safegr Send,es) On each July 1 follo�ng the Base Year (i.e.,July 1, 2007), the Maximum Special Tax Rates in Table 1 shall be increased in accordance with the Annual L.s-calation Factor. Once the Maumum Special Tax Per Unit is equal to $500 per Unit, no further Annual Escalauon Factor shall be applied and the Maximum Special Tax Per Unit shall not exceed$F500. 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 5 entitled Property $100 per Lot No Annual Escalation Factor shall be applied to the Maximum Special Tax Per Lot for Entitled Properry. 3. Undeveloped Property Undeveloped Property ugll be assigned a Maximum Special Tax Rate of 5500 per acre or portion thereof,with a nummum rate of$100 for Undeveloped Property less than or equal to one-forth (1/4) of an Acre as described in Table 3. TABLE 3 Maximum Special Tax for Undeveloped Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Parcel/Acre 4 Undeveloped Property $100 per 51/4 Acre Assessors Parcel 5 Undeveloped Property $500 per Acre >1/4 Acre Septevber i,2005 i Cily n/Pobn Spm{gr Cnmmantti,F"adhiin Dnlna No.2005-1 (Pablo Safeo,Sender,) No Annual Escalation Factor shall be applied m the Maximum Special Tax Per Parcel/Acre for Undeveloped Property. 4. Tax-Exempt Property No Special Tax shall be levied on Tax-Excmpt Properry. 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 dial can be imposed on all Land Use Classes located on that Assessor's Parcel. D. METHOD OF APPORTIONMENT OF THE SPECIAL.TAX Commencing with Piscal Year 2006-07, and for each subsequent Fiscal Year, the District Administrator shall calculate the Special Tax Requirement based on the definitions in Section A and levy the Special Tax as follows until the amount of the Special Tax levied equals the Special Tax Requirement. First, the Special Tax shall be levied each Fiscal Year an each Assessor's Parcel of Developed Property Proportionately between Developed Single- Family Residence and Developed Muln-Pamdy Residence up to 100% of the applicable Maximum Special Tax. Second, if the Special Tax Requirement has not been satisfied by the first step, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Entitled Property up to 100% of the applicable Maximum Special Tax for Entitled Property. )vastly, if the first two steps have not satisfied the Special'I'ax Requirement, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Undeveloped Property up to 1009/6 of the applicable Maximum Special Tax for Undeveloped Property, E. APPEALS Any taxpayer that believes that the amount of the Special Tax assigned to an Assessor's Parcel is in error may file a written notice with the District Administrator appealing the levy of the Special Tax. This notice is required to be filed with die District Administrator during the Fiscal Year the error is believed to have occurred. The District Administrator or desitmee will then promptly review the appeal and, if necessary, meet with the taxpayer. Iti the District Administrator verifies that the tax should be changed the Special Tax levy shall be corrected and,if applicable in any case, a refund shall be_7anted. F. EXEMPTIONS 1. Residential Property Residential Properties which annually meet one or more of the following standards shall be exempt from payment of the Special Tax: S jv mber 7,2005 0 GO of Po1m Springi Comnuuri�,Faakuer Disow No.2005.1 (Prrblir Sgfgy Srw er) a. A Residential Property consisting of one or two person(s) earning 315,300 or less gross income per year, upon complying with procedures to establish such exemption, or b. A Residential Property consisting of three persons earning $17,900 or less gross income per year, upon complying with procedures to establish such exemption, or c. A Residential Property which qualifies for either the Low Income Rate Assistance (DIU) exemption for electrical or gas services or the Lifeline exemption for telephone services. The City is authorized and directed to promulgate administrative rules and procedures for verification of eligibility for ncc exemptions referred to in section F. G. MANNER OF COLLECTION Special Tax as levied pursuant to Section t) above shall be collected in the came manner and at the same time as ordinary ad valorem property taxes; provided, however, than the District Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if ncccssaiy to meet the financial obligations of the District or as otherwise determined appropriate by the District Administrator. H. TERM OF SPFCi T TAX Every five years after the establishment of the District, the City Council may reexamine, if deemed necessary by City Council, the necessity of the continuance of the Special Tax through the preparation of a Fiscal Impact Analysis, otherwise the Special Tax shall be Icw-ied in perpetuity. S ptemGer 7,2005 7 Q0r of Paly�Sp,hgs Commrui[y Farz&ies Uisi is No.2005-1 (Pi,GGr Safegr Serxu s) �: i � i [� I'n.X it I'i `•?I i ,ems/ � I,.; B DFSFRT DESIGN B• U • I • I • F)- F ,R-S CI f Y CLn . I, PO Box 4794 May 8, 2007 City Clerk City of Palm Springs 3200 East Tahqutt> Canyon Way Palm Springs, CA 92262 Palm Desert, CA 92261 Dear Sr or Madam, SUBJECT: Annexation No. 3 Enclosed you will find the requested documents regarding the annexation of our tract into Palm Springs Community Facilities District No. 2005-1 which we received from MuniPinancial. If there is any further information needed please feel free to contact Mr. Wallace Hrdliclm at (760) 341-7303. 'Thank you and have PH (760) 341-7303 a nice day. Sincerel e Cynthia Rocha for Wallace 1lydlicka FAX(760) 341.9321 License#711415 WHrdhcka@dc rrcom e PETITION Regarding Proceedings for Annexation of Territory to Community Facilities District No. 2005-1 (Public Safety Services) and Related Matters To the I•Ionoiable City-Council, CITY OP P_ I-111 SPRINGS 3200 EAST TAHQUI'1% CANYON WAY PALM SPRINGS, CALIFORNIA 92262 Members of the Council. This is a petition to institute proceedings to annex lerritoT), including die property identified and described in Exhibit"A",tD Connmunit7 Facihutf District No. 2005-1 (Public Safety Services) (the"District") widen the City of Palm Springs and relaied matters pursuanr to the Mello-Runs Community Facilities Act of 1982, commencing with Section 53311 of the California Governmenr Code of the State of California (the "Act"],and it stales as follows: 1. Petitioner. This Petition is submitted by the person (rhe "Peti Uoner�') (whether one or more) identified below as or for the record owner(s) of the parcels of land identified below (the "Property"). The undersigned warranty to the City of Palm Spmgs rhar rhe Petitioner is such owner, or is a legally aurhorized teprescntativc of such owner(s),and rhar such ownership consnmres ownership of more than 10% of the property to be annexed, described in Exhibit "A" attached herein and more particularly described hi Section 3 herein. 2- Proceedings Requested. This Petition asks drat the City Couneil undertake proceedings under die Act to annex terrirory to the District and to levy special taxes therein for the purpose of financing all or part of (be public services (die "Services") shown in Exhibit "B" attached hereto and made a part hereof. 3. Boundaries. 'Plus Pennon asks rhar the territory, to be included in the boundaries of the annexation, consist of drat shown on a map of the proposed boundaries of 1.nnexation No. 3 filed with die City Clerk of die Ciry of Palm Springs and which map is arrached hereto as Exhibit "A" and hereby made a parr rhis Petition and which map includes the Properry. 4. Special Taxes- The Petitioner agrees dear it has reviewed and approves The Rate and Method of Appnrnonmcnt of Special Taxcs atrached hereto as Exhibit "C" and made a pact hereof, which Rate and Method has previously been adopted by rhe Ciry Council of the City of Palen Springs to be used by the City for the levy of Special Taxes in the District and any future annexations ro the Distcicl to Pay for the Services. 6. Election. The Petitioner asks that the special election to be held under the Acr, to aurhom.e the special taxes and to establish any appropriations limits for Annexation No. 3, be conducted by the City of Palm Springs and its officials, using a mailed or hand-delivered ballot and rhar such ballot be canvau s-cd and rhe results eerdficd at the same meetirng of ncc City Council as the public hearing for Annexation No. 3 to the District under the Act or as soon thereafter as possible. 7. Waivers. To expedite the completion of the proceedings for Annexation No. 3 to the Disuict, rhe Petitioner waives all notices of hearing and all published notices regarding rhe annexation of territory of Annexation No. 3 to the District,notices of election, applicable waiting periods under the Acr for the holchng of any public hearing and fox election and all ballor arguments and analysis for the clecnon, it being acknowledged by the Petitioner rhar all such notices are for the benefit of the Petitioner and may be waived. The Petitioner agrees ro omely complete and return a consent and waiver to be provided to Petitioner by die City in ordet to expedite such proceedings. 8. Authority Warranted. The Petitioner warrants to the City that die presentation of this Pennon, any waivers contained herein, casting of ballots at the property owner election and other actions mandated by the City of Palm Springs to annex Annexation No 3 to die District shall not constitute or be construed as events- of default or delinquencies under any existing or proposed financing documents entered into or ro be entered into by the Petitioner for the Property, including any "due-on-encumbrance" clauses under any existing security instruments secured by the Property. If requested by the City, the Petitioner agrees, at its expense, to supply m the City, current title evidence sn that the City may supply any nonce and ballot required undex the Act to annex Annexation No. 3 to the District. 9. Due-Diligence and Disclosures. The Petitioner agrees to cooperate with die City, its attorneys and consulrmirs, and provide all information and disclosures required by the City about the Special Taxes ro purchasers of die Property or any part of it 10, Agreements. The Peutioner hu-ther agrees to execute such additional or supplemental agreements as may be required by the City to provide for any of the actions and conditions under this Petition,including any amount of cash deposit required to pay for die City's costs to annex Annexation No. 3 to die District. By executing dais Petition, the Petitioner agrees- ro all of the above. The Property is Riverside County The Pcononer(record owner)is: Assessor Parcel No(s): 803 N Palm Canyon,LLC 505-283-009 and the Property contains a total.of By. A.,6-r es. r SS The address of 11w above for receiving any nwice and ballot is: 803 N Palm Canyon,LLC c/o Wallace 1-lydlicka 74671 Old Prospector Trail Pahn Desert,CA 92260 MAP OF PROPOSED BOUNDARIES OF SHEETI OF COMMUNITY FACILITIES DISTRICT NO.2005-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO.3 CRY OF PALM SPRINGS COUNTYOFnlVERSIDE FEF➢INTIE ar.FecF nsan dEacTHs nEroF STATE OF CAUFORN1A arr. IXEFEHY 6'lifl Y i TINE NT11N VA'EP.VAL u P.>ffOa"a E.II3 CF fN EMT04"..3TOttNHI1M1lFYFAOP diTRICI MQ l HAar PALM CANYOII dvYE �EEM%C CFffIMYRif31W.MrC£ Al.£KCE.VATE OF WI .4K WMB PX iEDGY =En0. l CF MFg RP SPN414ATA FEiVA9 VEEFI W]lFr NF.HS O L-1 L IXITl1'c_YAV DF 30i.BY f1611E9]IUl1.lR FIO � N 11 3 a mFFN CICYO£Pf W 3KM33 2 /L b � 4rVlf 111F➢TN'a'_CAY CR �iI.ATTIEFQIRCF E24D.m"FI4Pms 0K Ar£NIPSOi1.4ES$A1:1lrNo COHNNIfY FACEffu9 OSTRG[8 AT FfG{Ef.14l'E:d10E OF THE D]IIIT'FFa]flLEI\0.YMY R=A�EFSISE SeRT<0.IJLFi£MA F�c 143RIYMX[Xt WLT'WAi4.M1YSi�0.ICtlAV[V OEiC SCCCRIA 6YOEPYIY Q WLNYlE��SYS'.T ¢INYCi PoYu-ISLE lIEPEFFJ�Ii WLE ttfTNr.WEVO®G]SKYRlWICR DXIN.W.TY © O FfU1fElE9 d9T:LTN]'AYI�FISL54�ETYv^�.rM110ESIIXTEGFY < C CE/ RHGSFER 1.2 INBIT1 E Fl�71:lCE Cf I� A4D 9 Cifl M Ftl�F]J36i 1USM4 B.M&aF WFS CFMSux54EY. CCAN LNn FILlITE3 V91Ra!$PIAE]II TI.A51391R.ITh]lflq. 2:OldMIM THE UhUf NUMOIS RMH IATM PAPCEI.Si.TW 04 MR SLWO EHIVLPSTSME U NE9 A S�M 8E0ANIX4 MSl]CE IX]LNYlSE39.^F9 AVFS Fp1lFK�Elll'Ga3 D4fEY newsxs TIE EMISEEWI4FYIuE55C£90KR OF IL OTNMRF&HO[ETALS A:ILF A44=SSOR9 CC[I[EFI.1X[11HEIlM1E9 fIl1 pS1'Jl9 EN3[F 3l'..H L013 R3 FARLEl9 ]A] PAPG Fl!!> 1 fi16@>6% 2 510!PJO:G slo-uaaF LEGEND AN 5 510[Q]gl E 5lE R AYNEY TION BOUNDARY ] SIO[W049 s 51omnM5 Q AS.:ES$MEHF NHMBEFi Y 51?Mi019 10 510@OOIi 11 SI�CSOWE ® MuniFinancial MAP OF PROPOSED BOUNDARIES OF 3T 20F3 COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 3 GW OF PALM SPRINGS COUNTY OF WER510E STATEOFOALIFORNIA T M.91f[I �1.:M1ff IS£E53'.Ai3 M1V. •AiE 12 5[62rti!¢l i- N SUNW DUNES ROAD EL AV EOA N � 2 s a o 3� c3 ® y x �7 ® a F w �E 0.TVE a N W TnCAab[.`YS d ASlff A55lT.aAYIB y[ 1A. PA9GIYA K6[SILIi 6:b[61413 LEGEND ANhE uaN RONh9 ® MuniFinancial ASSES _N NN.3ER MAP OF PROPOSED BOUNDARIES OF SHEE 3Q=3 COMMUNITY FACILITIES DISTRICT NO. 2005-1 [PUBLIC SAFETY SERVICES] ANNEXATION NO.3 CRY Or'PALM SPR 4OG COUNTY OF MERSIDE STATEOFOAIFORNIA 5g G rmw=M ` 'S ASSIT ASSESSOR'S pp NO PARCEL AO � Y I 500 OlY 03E 3 50� 133 003 � soe 3so 003 T J DOMINGUEZ ROAD Dy�3lo�—, z o CABRILLO ROP9 p L Q LEGEND AUNEMnON BOUNDARY uw-a Sao Q ASSESMWNUMBER ® MuniFinancial PUBLIC SAFETY SERVICES New police services, fire protection and suppression services, and life safety' Serviccs (the "Services") of the City of Palm Springs required to sugtaui the service delivery eapabilit} for emergency and non-emergency services to new growth areas of the City of Palm Springs, including; but not hnuted to, equipment, vehicles, ambulances and paramedics, fire apparatus, supplies and personnel; provided, however, t}lai any increaSeS in special taxes for costs related to employee wages and benefits shall be liunited as provided in the Rate and Method of Apportionmcm of the Special Taxes to fund such Services. CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) RATE AND METHOD OF APPORTIONMENT A Special Tax of Community haciliucs District No. 2005-1 (Public Safety Services) of the City of Palm Springs (the "District") shall be levied on all Assessor's Parcels in the District and collected each Fiscal Year commencing in Fiscal Year 2006-07 in an amount detenn fined by the City through the application of the rate and method of apportionment of tic Special Tax set forth below. All of the real property in the District, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final subdivision map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560, "Act" means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Tide 5 of the Government Code of the State of California, as amended,which authorizes the establishment of the District to finance! a) police protection services, and b) Fire protection and suppression services, and life safety services including but not limited to ambulance and paramedic services- "Administrative Expenses" means the actual or estimated costs incurred by the City as administrator of the District to determine, lc y and collect the Special Taxes, including the proportionate amount of the salaries and benefits of City employees whose dudes are directly relared to administration of the District and the fees of consultants,legal counsel, the costs of collecting installments of The Special Taxes upon the general tax rolls,preparation of required reports; and any other costs required to adtninistcr 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 (CPl or the percent increase of salaries and benefits for public safety employees as stated in the Memorandum of Understanding for the fiscal year of the Special Tax. The annual CPI used shall he for the area of Los Angcics-Riverside-Orangc County, CA as reflected in the then-current April update. The annual CPI used shall be as determined by the Urured States Department of Labor, Burcau of Labor Statistics, and may be obtained through the California Division of Labor Statistics and Research (www.dir.ca.gov/disr)- If the foregoing index is not available, the CFD Administrator shall select a reasonably comparable index. SeplemLcr 7,2005 1 cll,of Paler SprLigr Comm"i),Falliifter Dirtrid No.2005-1 (Pabb,Sof D,Seincer) "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating Parcels by assessor s parcel number. "Base Year" means Fiscal Year ending iunc 30, 2007, "City" means the City of Palm Springs. "Council" means the City Council of Elie City of Palm Springs, acting as the legislative body of die 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 construcLi ng a residential structure consisting of two or more residential units EhaE 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 Ptoperty, Non-Residential Property, or Public Property, for which a building permit was issued after January 1, 2006 and prior to May lsL 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 perrrut(s•) has been issued for purposes of constructing one single-family residential dwelling unit. "District Administrator" meatus an official of the City-, or designee thcteof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "District" means Community Facilities District No. 2005-1 (Public Safety Services) of the City of Palm Springs. "Entitled Property" means an Assessor's Parcel and/or Lot in the District, which has a Final Map recorded prior to January lsi preceding the Fiscal Year in which the Special l'ax 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. 'rhe term "Entitled Properry" 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 Districr Administraror. "Final Map" means an Assessor's Parcel Map, a final subdivision map, other parcel map, other final map, other condominium plan, or functionally equivalent map that has been recorded in the Office of the County Recorder. September 7,2005 ? 0 ,of Palm Spw g" GimmjuozilS,Fneilzliej Diil'icl No.20057-1 (Prd1111 S_/4y Scruicu) "Fiscal Year" means the period starting July I and ending on the following Junc 30. "Land Use Class" means any of the classes listed in Table L "Lot" means property within a recorded Final Map identified by a lot number for which a building permit has been issued or may be issued. "Maximum Special Tax" mans the maximum Special Tax, dcrcrmined in accordance with Section C below that can be levied in the Districr in any Fiscal Year on any Assessor's Parcel. "Non-Residential Property" means all Assessors' Parcels for which a building penrtit(s) has been issued for a non-residennal use and does not contain any residential units as defined under Developed Single Family Residence or Developed Multi-Fainuly Residence. "Property Owner Association Property" means any property within the boundaries of the District that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, itnclucling any masrer or sub- association. "Proportionately" means in a manner such that the ratio of the actual Special Tax levy ro the Maximum Special Tax is equal for all Assessor's Parcels within each Land Use Class. "Public Property" means any property within the boundaries of the District that is, at the time of the District formation or at the time of an annexation, expected to be used for tights-of-way, parks, schools or any other public purpose and is owned by or irrevocably offered for dedication to the federal government, the State, the County, the City or any other public agency. "Public Safety Service Costs" means the estimated and reasonable costs of providing police services and fire protection and suppression services and life safety services,including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City staff that directly provide police services and fire protection and suppression services and life safety services, respectively, and (iv) City overhead costs associated with providing such services wid-iin the District. On each July 1 following the .base Year the increases attributed ro salaries and benefits shall be calculated and limited to the increase based on the Annual Escalation Factor. The Special Tax provides only partial funding for police, fire and life safety services "Special Tax" means the Special Tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Sections C and D, below "Special Tax Requirement" means that amount required in any Fiscal Year for the District to: (i) pay for Public Safety Service Costs; (ii) pay reasonable Administrative Expenses; (iii) pay any amounts required to establish or replenish any reserve funds; and (iv) pay for reasonably anticipated delinquent Special 'faxes based on the delinquency rate for SeplenGer i,2005 3 001 of Palm,SrIiggr Comnaoiuy Faahtier 1)wda No.2003-7 (1'611e Srf or Serviced 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 Statc of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of the District and any future annexation to the District that arc not exempt from the Special Tax pursuant to law or as defined herein. "Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax, Tax- Exempt Property includes: (i) Pubhc Property, (h) Property Owner Association Property, (iii) Non-Residential Property, and (iv) property designated by the City or District,Administrator as Tax-Exempt Property. "Undeveloped Property" means, for each Fiscal Year,all Assessor's Parcels of Taxable Property not classified as Developed Property or Entitled Property, including an Assessor's Parcel that is designated as a remainder parcel and is not identified as potential Public Property by any final documents and/or maps available to the District Administrator. "Unit" means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use. B. ASSIGNMENT TO LAND USE CATP'GORIES Each Fiscal Year using the definitions above, all Taxabic Property within the District shall be classified as Developed Property, Entitled Property, or Undeveloped Property. Developed Property shall be further classified as Developed Single-Family Residence or Developed Mulri-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 Developed Multi-Family $295 per Unit Residence Sepzeniber7,2005 d ty y/Poln>Sp1n�gr Canioira;io 1''aahfiel Diraria No..2005.1 (Atblte Snfey Senire) On each July 1 following the Base Year (i.e.,July 1, 2007), the Maximum Special Tax Rates in Table 1 shall be increased in accordance with the Annual Escalation Factor. Once the Maximum Special 1'ax Per Unit is equal to $500 per Unit, no further Annual Escalation Factor shall be applied and The Maximum Special Tax Per Unit shall not exceed $500. 2. Entitled Property TABLE 2 Maximum Special Tax for Entitled Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Lot 3 Entitled Property $100 per Lot No Annual Escalation Factor shall be applied to the Maximum Special Tax Per Lot for Entitled Property. 3. Undeveloped Property Undeveloped Property will be assigned a Ma�dnuim Special Tax Rate of $500 per acre or portion thereof, wide a minimum rate of$100 for Undeveloped Property less than or equal to one-forth (1/4) of an Acre as described in Table 3. TABLE 3 Maximum Special Tax for Undeveloped Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Parcel/Acre 4 Undeveloped Property $100 per Sl/4.lcre Assessors Parcel 5 Undeveloped Property $500 per Acre >1/4 Acre Septen�Ger i,2005 5 Crty Of Palm Spnngr Comnn rily Fari&ier Dull t No.2005-1 (Pr<Girc Safen,Sennirs) No Annual Escalation Factor shall be applied to the Maxitnutn Special Tax Per Parecl/Acre for Undeveloped Property. 4. Tax-Exennpt Property No Special Tax shall be levied on Tax-LxcmpL 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 sure of the Maximum Special Tax levies that can be imposed on all land Use Classes located on That Assessor's Parcel. D. METHOD OFF APPORTIONMENT OF THE SPECIAL TAX Conunencing with Fiscal Year 2006-07, and for each subsequent p[scal Year, the District Administrator shall calculate the Special Tax Requirement based on the definitions in Section A and levy the Special Tax as follows until the amount of the Special Tax levied equals the Special Tax Requirement. First, the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Developed Property Proportionately between Developed Single- f armly Residence and Developed Multi-Family Residence up to 100% of the applicable Maximum Special Tax. Second,if the Special Tax Requirement has not been satisfied by the first, step, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Entitled Property up to 100% of The applicablc Maximum Special Tax for Entitled Property. Lastly, if the first two steps have not satisfied the Special Tax Requirement, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Undeveloped Property up to 100%of the applicable Maximum Special.Tax for Undeveloped Property. E, APPEALS Any taxpayer that believes that the amount of the Special Tax assigned to an Assessor's Parcel is in error may file a written notice with the District Administrator appealing the levy of the Special Tax. This nouce is required to be Filed w th the District Administrator during The Fiscal Year the error is believed to have occurred. The District Administrator or designee will then promptly review the appeal and, if necessary, meet with the taxpayer. If the District Administrator verifies that the tax should be changed the Special Tax levy shall be corrected and,if applicable in any case, a refund shall be granted. F. EXEMPTIONS I. Residential Property Residential. Properties which annually meet one or more of the following standards shall be exempt from payment of the Special Tax: Seplember7,200i Ii Cl�,of Paky Spring, Con>mrnriry Pneilieirr 174r(rid No.2005-7 (Public Srfeo,Senwes) a- A Residential Property consisting of one or two person(s) earning$15,300 or less gross income per year, upon complying with procedures to establish such exemption, or b. A Residential Property consisting of Three persons earning $17,900 or less gross income per year, upon complying with procedures to establish such exemption, or C. A Residential Property which qualities for either. the Low Income Rare Assistance (LIP.A) exemption for elecn-ical or gas services or the Lifeline exemption for Telephone services. The City is authorized and directed to promulgate aiiministrative rules and procedures for verification of eligibility for the exemptions referred to in section F- G. MANNER OF COLLECTION Special Tax as levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinate ad minrem 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 ncc District Administrator- W. TERM OF SPECIAL TAX Every five years after the establishment of the District, the City Council may reexamine, if deemed necessary by City Council, The necessity- of the continuance of the Special Tax through the preparation of a Fiscal Impact Analysis, otherwise die Special Tax shall be levied in perpetuity. Septervber 7,2005 7 clO'of Pak;Sprinsr Canimmnil,Faa&iei Oistad No.2005 1 (PuGkc SafeO,S erxrer) MAY-15-2007 15t20 MUNIFINANCIAL 6633266264 P.03i16 PE'TI'TION a = -J Regarding Proceedings for Annexation of Territory to Community Facilities District No.2005-1 r (Public safety services) and Related Matters To the hIonorable City Council, 1 CITY OF PALM SPRINGS CJ 3200 EAST TPJ-IQUrrZ CANYON WAX PALM SPRINGS,CALIFORNIA 92262 Members of di.-Council: This it a petition to institute proceedings to annex territory, including the property identified and described in Exhibit"A",to Community Facilities District No.2005-1 (Public Safcty Services) (the"Districe7 within the City of Palm Springs and related matters pursuant to the Mello-Roos Community Facilities Act of 1982, commencing with Section 53311 of the California Government Code of the Stare of California (the "Act'7,and it states as follows: 1. Petitioner- This Petition is submitted by the person (the "Petitioner') (whether one or more) identified below as or For the record owner(s) of the parcels of land identified below (the "property'). The undersigned warrants to the City of Palm Springs that the Petitioner is such owner, or is a legally authorised representative of such owner(s),and that such ownership constitutes ownership of more than 10% of the property to be annexed, described in Exhibit "A" attached hereto and more particularly described in Section 3 herein. 2. Proceedings Requested- This Petition asks that the City Council undertake proceedings under The Act to annex rerricory to the District and to levy special caxes therein for the purpose of financing all or part of -.he public services (the "Services") shown in Exhibit `B" attached hereto and made a part hereof, 3. )Boundaries. This Petition asks that the territory, to be included in the boundaries of the annexation, cotsist of that shown on a map of the proposed boundaries of Annexation No. 3 filed with the City Clerk of tic City of Palm Springs and which map is attached hereto as Exhibit"A" and hereby made a part of tills Petition and which map includes the Property. 4. Special Taxes. The Petitioner agrees that it has reviewed and approves the Rate and Method of Apportionment of Spccial Taxes attached hereto as Exhibit "C" and made a part hereof, which Rate and Method has previously been adopted by the City Council of the City of Palm Springs to be used by the City for tiro:levy of Special Taxes in the District and any future annexations to the District to pay for the Services. 6. Election.The Petitioner asks that the special election to be held under the Act, to authorize the special taxc s acid to establish any appropriations limits fur Annexation No.3,be conducted by the City of Palm Springs and its officials, using a mailed or hand-delivered ballot and that such ballot be canvassed and the results ccrufied at the same meeting of the City Council as the public hearing for Annexation No. 3 to die District under the Act or as soon thereafter as possible. 7. Waivers. To expedite the completion, of the proceedings fur Annexation No. 3 to the District, the Petitioner waives all notices of hearing and all published notices regarding the annexation of MRY-15-2007 15:20 MUNIFINRNCIRL 8a83266864 P.04i16 territory of Annexation No. 3 to the District,notices of election,applicable waiting periods under the Act for the holding of any public heating and for election and all ballot arguments and analysis for the cicctiun, it being aclmowlydgud by the Petitioner that all such notices are for the benefit of die Petitioner and may be waived. The Petitioner agrees to timely complete and return a consent and waiver to be provided to Petitioner by the City in order to expedite such proceedings. 8. Authority Warranted- The Petitioner warrants to the City that the presentation of this Petition, any waivers contained herein, casting of ballots at the property owner election and other actions mandated by fae City of Palm Springs to annex Annexation No. 3 to the District shall not eonstirutc or be construed as events of default or delinquencies under any existing or proposed financing documents entered into or to be entered into by the Petitioner for the Property, including any "due-on-encumbrance" clauses under any existing security instruments secured by the Property. If requested by the City, the Petitioner agrees, at its expense, to supply to the City,current title evidence so that the City may supply any notice and ballot required under the Act to annex Annexation No-3 to the Distrier- 9. Due-Diligence and Disclosures. The Petitioner agrees to cooperate with the City, its attorneys and consultants, and provide all information and disclosures required by the City about the Special Taxes to purchasers of the Property or any part of it. 10. Agreements. The Petitioner furthcr agrees to execute such additional or supplemental agreements as may be required by the City to provide for any of the actiom and conditions under this Petition,including any amount of cash deposit required to pay for the City's costs to annex Annexation No. 3 to the District. By executing this Petition, the Petitioner agrees to all of the above, The Property is Riverside County The Petitioner,(record owner) is: i Assessor Parcel No(s); PS RACQiJET CLUB PROPERTIES,LLC 504-040-038, % � r 504-133-001, 504-133-002, By: �✓ ✓ _ �r 504-360.002 - and the Property contains a total of 10 acres. i The address of the above for receiving any notice and ballot is: PS RACQUET CLUB PROPERTIES,LLC C/o Mike Mueller,Van Scott Jones 2475 Calruilla Hills Rd. Palm Springs,CA 92264 MAP OF PROPOSED BOUNDARIES OF Z4SU 1 OF COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 3 CRY OF PALM SPRINGS MINIM OF R ERS DE FLxnINLIEE£i10E ceLFe up'aEWcrmE_mraF STATEOFCALIFOAMIR mm NEPFHY[E0.TFY RNLh=HlldN lVl'9NN.1M]FPAVS.E hWPIS EAST PALM CANYGH DFW OF lAN� WNI SM[UNILMY FX, TES UST W..p l pV3E E4'EIY S�.,U yCAY OF PAW 6%LL4:E,plllRtt Or OF E 14hA 9FAIEER GV1FSh1t WA4 A�FFT�eY P1E 6TY MIIMpL IHQIY p'PlLLSiiMSATAlI"O WAMEETJAi i1£AEE�.FCI➢ O CHT1E_WYCf YS]6Y R9 FEE0.MEN hG � N W CIHCIFFN Q EI[YC4 F.11M SFlYFi4 � O V E[EpTAB_YAV OF XW�ATTF£HCLT OF O UC1A:N�L ry iNE Ep."Y._CF W.3[£A45i4lEMF M9 '� d%fNNIIY FAGL11E9 pslELTa AT PAOE+']�N 1NE OfFI.:E FF lNE 0.YIIRY FE COPYER[01`f1YEf EYERSp�STASE OF GLI4Yh1A FE= T nsmuswrr+a LLVRr wAai.ASEEas_nosuntt a�<PCOSLER cr oEvurc � � ml.erlrlW]FCFn oxPrsrcF enaaoE Ll n:rEranceaEwetG TNTAtFJ!]a eIX[lSAT'NAP o-cam.nm © o FMINFI6i M3FFY.T HRZC61 ryueps 5!F_TY EERN7�6 iNECrtY CF P.VN SFF1Wv' RELhI]p VfiH hcFV1EfupE CAMTPELItLlR9 GT[EO!:FAYlEM3EE t.PDY.p�]M%Cf NAPS Oi lC�EESIENFNfI 4YANIAiIYf1LNFl3 GifPA:F4 PfL3i1�n..44ltiTeYVEYFIp 2'I6!w41 N. ilE I1M1E9lFp eRFA.Y`M1SCF FaVAi ILTgIPlPS1S18FLM1%[N M3 4[VfFlll N V119E iIKEELfE6AW pNE4SUY9 R9£M'MN M iNE A 11915 CE D.WMY iV^S aSp19 VAP9 FC0.TAl5E PAYEIA LSTA FrvEi9CEP:URY f556Wi9 N.1P951LL113O1^rtY FpINI.CETfPS A4lR ASS'SSOH3 CCIIEEeIiIYl'RE LL4 EA A4ppVEAt..IEYB C£61RNIN9GR PllIC+LR Va PAN EL IMI sl[@J091 1 .16MOATi s m N e s1-nwmaw LEGEND e slomoa[ e 51POAC{R � PNNF%ASIDN 6GlIhDAAY � i sI.JO}UCiI a 51NAMa 0 ASSE£SNEM hL4tDER 9 e[PPEM�F] l0 5[4UAM [1 5[pOm055 ® NiuniFinancial MAP OF PROPOSED BOUNDARIES OF SHEEF2 OF$ COMMUNITY FACILITIES DISTRICT NO. 2065-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 3 CRY OF PALM SPM.NGS COUNTY OF RWERSIDE STATEOFMIFORNIA i�N mll .LSHI 1 FSSOFS 12 IAPGEL N] 12 SF7A'-0'i4 a ALMEDA AN SUYW ODN=S ROA9 WQ yTE 0 z o d � � � a © z z F,�RSIDE D iYE 0 m N i9mw a9m W A:Mr as=2sxas IA PA9 L4ZIA. I P{�,p� 19 W4161MT •!D pVAE 1S Yb�61�i1! LEGEND RMNEXATION 6 NDARY ® M�u„,niFinancial ® ASSESSMEMTMIMEE MAP OF PROPOSED BOUNDARIES OF SREETA OF COMMUNITY FACILITIES DISTRICT NO.2065.1 [PUBLIC SAFETY SERVICES] ANNEXATION NO. 3 CRY OF PALM SPRINGS COIJNTYOFRNERSIDE STATE OF CAUFORNA i YIlI.23W T A ASAfi n55 E55oq'S "££y b q NI pARC EL NO Y 4 1 I501 4 03E ] 1 SY4 33 01 3 !0� 13l C !0 0u3 1 aeo 003 � p J o oculnxluEz Raw �' � � v s z �� Q� rO� O z © a CAERILLa R0.�➢ Q LEGEND m >— ANnEwmaN eoIMq m ,i;.=.E,SSMeNr nvuef:rs ® Munihnancial i�py M It py Ali PUBLIC SAFETY SERVICES New pohce services, fire protection acid suppYeesion scmces, and life safery services (the "Services") of the Ciry of Palm Springs required ro susrain the senice dehverp capabiliry for emergency and non-emergeney services to new growth areas of the City of Palm Springs, including but nor linntcd to, equipment, vebacics, ambulances and paramedics, fire apparams, supphes and personnel; pro�aded, however, that any mereases in special taxes for cosrs related to employee wages and benefirs shall be hmired as provided in the Rate and Mediod of--�pporrionment of die Special Taxes to fund such Services. CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) RATE AND METHOD OF APPORTIONMENT A Special Tax of Community Facilities District No. 2005-1 (Public Safety Services) of the City of Palm Springs (the "District') shall be levied on all Assessor's Parcels in the District and collected each Fiscal Year commencing in Fiscal Year 2006-07 in an amount detcnruned by the City through The application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the District, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown. on an Assessor's Parcel Map, the land area shown on the applicable final subdivision map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. The square footage of an Asscssor.'s Parcel is equal to the Acreage multiplied by 43,560, "Act" means the Mello-Roos Community Facilities Act of 1182, being Chapter 2.5, Part 1, Division 2 of Title 5 of The Government Code of the State of California, as amended,which authorizes the establishment of the District to finance: a) police protection services, and b) fire protection and suppression services, and life safety services including but not limited to ambulance and paramedic services. "Administrative Expenses" means the actual or estimated costs itncurred by the City as administrator of The District to determine, levy and collect die Special faxes, including the proportionate amount of the salaries and benefits of City employees whose duties are directly related to administration of the District and the fees of consultants,legal counsel, The costs of collecting installments of the Special Taxes upon the general tax rolls,preparation of required reports; and any other costs required to administer the District as determined by the City. "Annual Escalation Factor" means the greater of the increase in the annual percentage change of the All Urban Consumers Consumer Price Index (CPI) or The percent increase of salaries and benefits for public safety employees as stated in the Memorandum of Understanding for the fiscal year of the Special Tax. The annual CP1 used shall be for the area of Los Angeles-Riverside-Orangc County, CA as reflected in the then-current April update. The annual CPI used shall be as determined by The United States Department of Labor, Bureau of Labor Statistics, and may be obtained Through the California Division of Labor Statistics and Research (www.dir.ca.gov/dlsr). If the foregoing indeti is not available, the CFD Administrator shall select a reasonably comparable index. .SeplemGrr-7,2005 7 Giy ofPoln/Spezngs Cotmvexp Faolilier Dular!No.2005-1 (N1514 Snfep,Se niies) "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number. "Assessor's Parcel Map" means an official map of The Assessor of the County designating parcels by assessor's parcel number. "Base Year" means Fiscal Year ending June 30, 2007, "City" means the City of Palm Springs. "Council" means the City Council of the City of Patin 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 pcimit 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, rriplexes, 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 ivas 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 perinit(s) has been issued for purposes of constructing one single-family residential dwelling unit. "District Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for The levy and collection of the Special Taxes. "District" means Community Facilities District No. 2005-1 (Public Safety Services) of the City of Palm Springs. "Entitled Property" means an Assessor's Parcel and/or Lot in the District, which has a Final Map recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied, but for which no building permit has been issued prior to the May 1 preceding the Fiscal Year in which the Special Tax is being levied. The term "Untitled Property" shall apply only To Assessors' Parcels and/or Lots, which have been subdivided for the purpose of residential development, excluding any Assessor's Parcel that is designated as a remainder parcel determined by final documents and/or maps available to the District Administrator. "Final Map" means an Assessor's Parcel Map, a final subdivision map, other parcel map, other Final snap, other condomuuum plan, or functionally equivalent map that has been recorded in the Office of the County Recorder. ,SeplrmGer 7,2005 7 0),of Pahr Splmv Cownlxnrty Fadlilie.,Di oia No.2005.1 (Nblie.Sofely Sennlar) "Fiscal Year" means the period starting July 1 and ending on the following tune 30. "Land Use Class" means any of the classes listed in Table 1. "Lot" means property within a recorded Filial Map identified by a lot number for which a building permit has been issued or may be issued. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below that can be levied in the District in any Fiscal Year on any Assessor's Parcel. "Non-Residential Property" means all Assessors' Parcels for which a building perunt(s) has been issued for a non-residential use and does not contain any residential units as defined under Developed Single 1 amtly 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 insriunient recorded with the County Recorder to a property owner association, including any master or sub- association. "Proportionately" means in a manner such thar the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor's Parcels within each Land Use Class. "Public Property" means any property within the boundaries of the District that is, at the time of the District formation or at the time of an annexation, expected to be used for rights-of-way, parks, schools or any other public purpose and is owned by or irrevocably offered for dedication to the federal government, the Statc, the County, the City or any other public agency. "Public Safety Service Costs" means the estimated and reasonable costs of providing police services and fire protection and suppression services and life safety services,including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City staff that directly provide police services and fire protection and suppression services and life safety services, respectively, and (iv) City overhead costs associated with providing such services within the District. On each July 1 following the Base Year the increases attributed to salaries and benefits shall be calculated and liiiuted to the increase based on the Annual Escalation Factor. The Special Tax provides only partial funding for police, fire and life safety scmices. "Special Tax" means dzc Special Tax to be levied in each I~iscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement, and shall. include Special Taxes levied or to be levied under Sections C and D, below. "Special Tax Requirement" means that amount required in any Fiscal Year for the District to: (i) pay for Public Safety Service Costs; (ii) pay reasonable Adianimstrative Expenses; (iii) pay any amounts required to csrablish or replenish any reserve funds; and (iv) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for. September T,2005 i Cfh,njPalni Spmlgr Cnnnomu,y F alilies D81rid No.2005-1 (Public Snfeh,Sen�i,es) Special Taxes levied in the previous Fiscal Year; less any surplus of funds available from the previous Fiscal Year's Special Tax levy. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of the District and any future annexation to the District that arc not exempt from the Special Tax pursuant to law or as defined herein. "Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax- Exempt Property ilacludes: (i) Public Property, (ii) Property Owner Association Property-, (ill.) Non-Residential Property-, and (iv) property designated by the City or District Administrator as Tax-Exempt Property. "Undeveloped Property" means, for each 1 iscal Year, all Assessor's Parcels of Taxable Property not classified as Developed Property or Entitled Property, including an Assessor's Parcel that is designated as a remainder parcel and is not identified as potential Public Property by any final documents and/or maps available to the District Administrator. "Unit" means any separate residential dwelling unit in which a person or persons may live, which comprises at) independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use. B, ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year using the definitions above, all Taxable Property within the District shall be classified as Developed Property, Entitled Property, or Undeveloped Property. Developed Property shall be further classified as Developed Single-Family Residence or Developed Multi-Family Residence. Commencing with the Base Year and for each subsequent Fiscal Year, all Taxable Property shall be subject to Special Taxes Pursuant to Sections C and D below- C. MAXIMUM SPECIAL TAX RATE I. Developed 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 Developed Multi-Family $295 per Unit Residence Sepleniber 7,2005 4 GD,ofPulm Spiugr Cmmmurzl,Faa&ies Uishict No.2005-7 (Public Safeety Serener) On each July 1 following the Base Year (i.e., July 1, 2007), the Maximum Special Tax Rates in Table 1 shall be increased in accordance with the Annual Lsealation Factor. Once the Maximum Special Tax Per Unir is equal to $500 per Untt, no further Annual 1:scalarion Factor shall be applied and the Maximum Special 'fax Per Unit shall not exceed$500. 2, Entitled Property TABLE 2 Maximum Special Tax for Entitled Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Lot 3 Entitled Property- $100 per Lot No Annual Escalation l-actor 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 porrion thereof,with a minimum rare of$100 for Undeveloped Property less than or equal to one-forth (1/4) of an Acre as described in Table 3. TABL) 3 Maximum Special Tax for Undeveloped Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Parcel/Acre ,1 Undeveloped Property $100 per 51/4 Acre Assessors Parcel 5 Undeveloped Property $500 per Acre >1/4 Acre ScplemLrr 7,2005 5 CIS,u/Pnlnr Sp mo' Coamwe ri6i Faciliuer Disfda No.2005-1 (Public Safer Se, ee,) No Annual Lscalauon Factor shall be apphcd to the Maximum Special Tax Per Parcel/Acre for Undeveloped Property. 4. Tax-Exempt Property No Special Tax shall be levied on Tax-Exempt Property. 5. Multiple Land Use Classes In some instances an Assessor's Parcel may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor's Parcel shall be The sum of the Maximum Special Tax levies that can be imposed on all Land Use Classes located on that Assessor's Parcel. D. METHOD OF APPORTI NMF.NT OF THE SPECIAL TAX Commencing with Fiscal Year 2006-07, and for each subsequent Fiscal Year, the District Administrator shall calculate the Special Tax Requirement based on the definitions in Section A and levy the Special Tax as follows until the amount of the Special Tax levied equals the Special Tax Requirement. First, the Special TLx shall be levied cach 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 applicablc Maximum Special Tax. Second,if die Special Tax Requirement has not been satisfied by the fist step, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Entitled Property up to 100% of the applicable Maximum Special Tax for Entitled Property. Lastly,if the first two steps have not satisfied the Special Tax Requirement, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Undeveloped Property up to 100% of die applicable Maximum Special Tax for Uridcvcloped Property. E. APPEALS Any taxpayer that believes that the amount of the Special Tax assigned to an Assessor's Parcel is in error may file a written notice with the District Administrator appealing the levy of the Special Tax. This notice is required to be filed with the District Admnistrator during the Fiscal Year the error is believed to have occurred. The District Administrator or designee will then promptly review the appeal and, if neccssaiy, meet with the taxpayer. If the District Administrator verifies that the tax should be changed the Special Tax levy shall be corrected and,if applicable in any case,a refund shall be granted. F. EXEMPTIONS 1. Residential Property Residential Properties which annually meet one or more of the following standards shall be exempt from payment of the Special Tax: Sepretaber i,2005 (. ct q1 Polm SP,tgs Gowwenio Fewlifies Daidet No.2005-7 (Pub"r SuJery SeMe s) a. A Residential Property consisting of one or two person(s) earnng$F15,300 or less gross income per year, upon complying with procedures to establish such exemption, or b. A Residential Property- consisting of three persons earning $617,900 or less gross income per year, upon complying with procedures to establish such exemption, or C. A residential Property which qualifies for either the Low Income Rate Assistance (LIRA) exemption for electrical or gas services or the Lifeline exemption for telephone services. The City is authorized and directed to promulgate aduutustradve rules and procedures for verification of eligibility for the exemptions referred to in section F- G. MANNER OF COLLECTION Special Tax as levied pursuant to Section D above shall be collected in the same manner and at the same rime as ordinary ad oaloren; property taxes; provided, however, that the District Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet die financial obligations of the District or as otherwise determined appropriate by the District Administrator. K TERM OF SPECIAL TAX Every five years after the establishment of the District, the City Council may reexamine, if deemed necessary by City Council, the necessity of the continuance of the Special Tax through the preparation of a Fiscal Impact Analysis, otherwise the Special Tax shall be levied In perpetuity. Sepeember 7.2005 7 Cuy of Palm Spaagr Comm..u:ily Fa,,&i es Dirpid No.2005-1 (Puhli(Safel,Sermce) MAP OF PROPOSED BOUNDAR]ES OF .MEET I GF3 COMMUNITY FACILITIES DISTRICT NO.2005.1 (PUBLIC SAFETY SERVICES) ANNEXATION NO.3 CITY GF PALM SPRINGS GGUM GFRIVERSIM nim nl�urceo iF2Dlfr[iEplihls_WYDP STATEGFC UFGRNIA 9T. xEFe6rmlpFr 11GTTIE WiI[{V vAs swlvru Pw.�ross:o EW xLW[Fb C£NNEYAiKW 1g eNGCA6MiFYFIGIfIES 65TiAT M10.3pS1 EPST PALIA CAIP'ON ORNE IP V�4 6�FEfrlET:C£El.[11Y[ MLL4G=.0.YNYC£ R�6TA1ECl GYe;WIT WYPM P Ae M APRry�Sp]pY TE 4G!W:A DFTNEq[rDF PIIMS°TN1i AA PEVRAP IEEIi!]Slp CCF.FII➢ an Tr,E_wroP_ -xm,erns xEswrrux»a a < B 11 W [fIYCL�S p CFIY CF PAJI6FFHGS Z r`pn1' O V FLED iH19_p4Y R' p1Cl,Ai ASiNE H[llipF O M"i6K_lE MTlc eoaE_oP wusC£ EaaXWIAW , Cp.LA.NpYFA WJLIFi[I.RIIN:f9 AT PAG5:I�N h£[hTKE6 RL=WpNPIf�IX)Ftri—LCIXIYiY[£F4YFF:IpE B'FATE CR CJLTAZYII LEE � IISIFIL#R]tFNT. URiY WAPO.AC �El�lY�F80RlER DY DEVFY CO.NTY 113J."RLET O3 O WNTY OF M'3yEE 6 0 IIE'E19lCE I9 NILE'NiYATA439Eo'I.YLII4e1'N1P C£DJIll11MT1' 2 FMIIIIIE9 DSfA1CFN[LS(E61 B'6Euc8lt�v 6EfVL�i'/(FTFI=pry p OF FNAI:F.IlY9ilr.C�lep WIfNiIE NY�SCE CVJATY IEO.'Y9319 6 DFICE IXI NT'=ypElf 1.'alb,H DJtt[BL DFll4"e[flLi-2�L1FJ�T N!] m OY.111LNIY FADLf.LbObTiWi6�PAGv T1 TP,A9eSALNENFN] a]Y,6G41]I 1 E LNE3MT DIM]15CN9 L6F LorgrLiCELS W"ilY3 W."Jl4N 6M.VL PEi1lJ5=_LL4F3M0 pL4EYS1]15,K 6xFMN IXI T1E FJ1fv15DE WIINPIA^vE$9]IL1 EVpp ry](l[HYC PANEEl5114IER Tt FNE0.il]c'CDLN[rNa�EYQE 6VY'bILLGD�^WN0.AI DETMS ASYF ISSc"SSORS CttVCE]WM3 ilELLeA4DDNEKW.Yt3 CF&ICHILSMPAIYFl4 Np MMELN i[DfNW1 1�I 2 i[� 1 eicwarwa LEGEND _� 6 eIJOAg1 e stDumal3 NJNE%AT1[NJ BWNBAAY a. T 61[NAM3 W //��, a 6to-rcvess 0 ASSESSME tWMBER Y 616RtlN3 S` [p 61pCQ]U'9 11 516CP]W9 b ® MuniFinancial a MAP OF PROPOSED BOUNDARIES OF SN ET20F3 COMMUNITY FACILITIES DISTRICT NO. 2005.1 (PUBLIC SAFETY SERVICES) ANNEXATION NO.3 CRY OF PALM SPRINGS COUNTY OF RIVERSIDE STATE OF CALJFORN'R T.'HAa9121f ISIR ASa"-Mm." m rAPCEL Np 12 S.S]b3 p2{ EL ALAMEDA SUNNY DUNES FlDM w W 'a 5 0 = s W t{ o ] � c`s nF is E z g > R'YEAS�➢E DAIVE e 0 N w a Tm ws{wa W wszrt wsss�aAs � Na ruxuNo ^ is smtetatr LEGEND >_ AHNE%AU)NEDIINDARY ® MunTinancial a ASSESSMEN`NiUMBSE lIYR]. . }Yw�iyp�y !fr lly R-tl Y1-W MAP OF PROPOSED BOUNDARIES OF SHEET3OFS COMMUNITY FACILITIES DISTRICT NO.2005.1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 3 CIW OF RUM SPRINGS CMMY OF MERSIDE STATE OF CR FDWNIA S 2 T lw mst � ASHT h55 ES5a R'S NO PARC EI NO I SOl Ol0 O36 2 SOl 113 0Y1 s 3ux t]3aoz 6 p a 301 seo aox J o p0.111NGllQ RDAs Z n RR ILJS � S p Z D LJJ E== 0 CMRI" ROAD On G OE '" LEGEND MKE1AMW WJKD iY vrmv Rren Qt ASSESSMBMKVMBER ®MuniFinancial �p PAM Spy iy U z N a � °"h•ortnRo''r xx 9`'F°"N�p City Council Staff Report DATE: May 16, 2007 Legislative Agenda SUBJECT: Resolution of Intent to Annex Territory to Community Facilities District for Public Safety Services (Annexation No. 3) FROM: David H. Ready, City Manager BY: Assistant City Manager—Administrative Services SUMMARY The City Council has heretofore formed a Community Facilities District (CFD) to provide a financing mechanism to sustain the delivery or public safety services to new residential developments. The initial CFD, which was formed in November 2005, consisted of eight (8) non-contiguous residential developments. Since the formation of the initial CFD, several additional residential developments have been approved by the City and are now under construction. This action would set a public hearing date for the purpose of annexing these additional residential developments into the CFD. RECOMMENDATION: 1. Accept the petition from certain property owners regarding the annexation of territory to Community Facilities District No. 2005-1 (Exhibit A — Signed Documents on File in City Clerk's Office); 2. Adopt a Resolution of Intention to authorize the annexation of territory to Community Facilities District No. 2005-1 (Public Safety Services) of the City of Palm Springs, and to authorize the levy of a special tax therein to finance certain services (Exhibit B); 3. Adopt a Resolution Establishing the Boundaries of the Territory proposed to be annexed to Community Facilities District No. 2005-1 (Exhibit C); 4. Set a public hearing for 6:00 p.m. on June 20, 2007 for public comment, for and against, and for the filing of written protest by any property owner regarding the annexation of territory to Community Facilities District 2005-1, and the levy of a special tax for public safety services. (If there is no "majority protest", a special landowner election will be called for immediately thereafter). Item 3 . 13 . City Council Staff Report May 16, 2007 -- Page 2 Public Safety Services CFD STAFF ANALYSIS: The City Council has heretofore created a Community Facilities District (CFD) to assist in the financing of police, fire and life safety services to new residential development. This type of financing program, which is authorized under the Mello-Roos Community Facilities Act of 1982, envisioned the participation of all future additional new development projects, either by formation of new districts or annexation into the existing CFD. Since the formation of the initial CFD, a number of residential developments have been approved by the City. In November 2006, the City Council approved the annexation of five (5) additional developments into the original CFD. Since then several other developments have been approved by the City Council and are now ready to be annexed into the CFD. These developments include: Smoke Tree Commons Shopping Center (Tract 34289); 803 N. Palm Canyon Drive (Tract 34214), Ironwood (Tract 34933) and Racquet Club (Tract 33334). Collectively these projects constitute a total of 95 proposed multi-family residential units. Each project listed above has, as a condition of project approval, a requirement to participate in the process of annexing into the CFD for public safety services. Although the City could form separate CFDs for each development, it is simpler and less costly to annex these projects into the existing CFD since the Rate and Method of Apportionment established for CFD 2006-1 governs the levy of special taxes not only within the original boundaries of the CFD but, also, within all subsequent annexations. In order to commence the annexation process, the City Council must adopt a Resolution of Intention. This resolution sets forth terms and conditions for annexing territory into the CFD and includes the rate and apportionment of the special tax to be levied. The Resolution of Intention also establishes a date for a public hearing on the annexation action and for elections among the authorized electors. The hearing date, which by statute must be held within 30-60 days following the adoption of the Resolution of Intention, is scheduled for June 20, 2007. Since there are less than twelve (12) registered voters in the territory proposed to be annexed, the election will be a landowner vote. As the Council is aware, the City has imposed, as a condition of development, a requirement to participate in the process of annexing into the CFD for public safety services. Included in your materials is a Petition from each property owner initiating the annexation process. Directly prior to the Public Hearing, each property owner will return a Consent and Waiver to the City, waiving certain timing and noticing requirements related to election code, which will enable the City to expedite the annexation process by, conducting the special election immediately after the June 20, 2007 Public Hearing. In addition to the Resolution of Intention, the City Council must adopt la resolution establishing the boundaries of the territory to be annexed to the CFD_ This resolution, City Council Staff Report May 16, 2007— Page 3 Public Safety Services CFD which identifies the individual developments to be annexed into the CFD, will be recorded with the County Assessor's Office upon completion of the annexation process. The special tax that is currently being assessed on properties within the CFD is based upon a Fiscal Impact Analysis that was prepared by MuniFinancial in 2006- Based on this analysis, the tax rate needed to support public safety services for new development was established at $350.00 for each single-family residential unit per year and $295.00 for each multi-family residential unit per year, and is subject to an annual escalator for all subsequent fiscal years. Assuming the City does not receive a majority protest against annexation from the affected landowners at the public hearing, the City will then be able to levy the special tax on all affected parcels within the annexed area in the coming fiscal year. FISCAL IMPACT: At build-out, the four (4) developments identified above will generate an additional $28,025 per year for public safety services. Try L. Butzlaff, i s ' tant City Manager David H. Ready, I r Attachments: 1. Exhibit A -- Property Owner Petition 2. Exhibit B -- Resolution of Intention 3. Exhibit C -- Resolution Adopting Boundary Map for Territory to be Annexed PETITION Regarding Proceedings for Annexation of Territory to Community Facilities District No. 2005-1 (Public Safety Services) and Related Matters To the Ionortible Cry Council, CITY OF PALM SPRINGS 3200 EAST TAHQLUTZ CANYON WAY PALM SPRINGS, CALIFORNIA 92262 Members of the Council: This is a petition to institute proceedings to annex territory, including the property identified and described in Exhibit "A', to Community Facilities District No. 2005-1 (Public Safety Services) (the "District") within the City of Palm Springs and related mattes pursuant to the Mello-Roos Cornmuuuty Facilities ,Act of 1982, coramencing with Section 53311 of the California Govermnent Code of the State of California(the "Act"),mad it states as follows: 1. Petitioner. This Petition is submitted by the person (the "Petitioner") (whether one or more) identified below as or for the record owner(%) of the parcels of land identified below(the "Property). The undersigned wan-ants to the City of Palm. Springs that the Petitioner is such owner, or is a legally authorized representative of such owner(s), and that such ownership constitutes ownership of more than 10% of the propertyto be annexed,described in Exhibit "A" anached hereto and more particularly described in Section 3 herein. 2. Proceedings Requested. This Petition sks that the City Council undertake proceedings under the Act to annex territory to the District and to le-,y special taxes therein for the purpose of financing all or part of the public services (the "Services") shown in Exhibit "S" attached hereto and made a pan hereof. 3. Boundaries. This Petition asks that the territory, to be included in the boundaries of the annexation, consist of that shown on a map of the proposed boundaries of Annexation No. 3 filed with the City Clerk of the City of Pahn Springs and which map is attached hereto as Exhibit "A" and hereby made a part this Petition and which map includes the Property. 4. Special Taxes. The Petitioner agrees that it has reviewed and approves ihe.Raue and Method of Apportionment of Special Taxes attached hereto as Exhibir "C' and made a pan hereof, which Rate and Method has previously been adopted by the City Council of the City of Palm Springs to be used by The City for the levy of Spccial'Caxes in the District and any future annexations to the District to pay for the Services. 6. Election. The Petitioner asks that the special election to be held under the Act,to authorize the special taxes and to establish any appropriations limits for Annexation No.3,be conducted by the City of Palm Springs and its officials, using a mailed or hand-delivered ballot and that such ballot be canvassed and the results certified at the same meeting of the City Council as the public hearing for Annexation No.3 to the District under the Act or as soon thereafter as possible. 7. Waivers. To expedite the completion of the proceedings for Annexation No. 3 to the District, the Petitioner waives all notices of hearing and all published notices regarding the annexation of territory of Annexation No. 3 to the District,notices of election,applicable waiting periods under the Act for the holding of any public hearing and for elceuon and all ballot arguumenis and analysis for the election, it being aclutowledged by the Petitioner that all such notices are for the benefit of the Petitioner and may be waived. The Petitioner agrees to timely complete and return a consent and waiver to be provided to Petitioner by the City i i order to expedite such proceedings. 8. Authority 'Wan-anted, The Petitioner warrants to the City that the presentation of this Petition, any vetivers contained herein, casting of ballots at the properly owner election and other actions mandated by the City of Palm Springs to annex Annexation No. 3 to the District shall not constitute or be construed as events of default or delinquencies under any existing or proposed financing documents entered into or to be entered into by the Petitioner for the Property, including any"due-on-enctunb=. ce" clauses sunder any existing security instruments secured by the Papery. If requested by die City, the Petitioner agrees, at its expense, to supply to the City, current title evidence so that the City may supply any notice and ballot required under the Act to annex.Annexation No. 3 to the District. 9. Due-Diligence and Disclosures. The Petitioner agrees to cooperate with the City, its attorneys and coaasultants, and provide all information and disclosures required by the City about the Special Taxes to purchasers of the Property or any part of it. 10. Agreements. The Petitioner further agrees to execute such additional or supplemental agreements as may be n qu fired by the Cry to provide for any of the actions and conditions under this Petition,including any amouunt of cash deposit requited to pay for the CitYs costs to annex Annexation No. 3 to the District. By executing this Petition,the Petitioner agrees to all of the above. The Property is Riverside County The Petitioner(record owner) is: Assessor Parcel No(s): and the Property contains a total of By: acres. The address of die above for receiving any notice and ballot is: E)aIIBIT A BOUNDARY MAP (OMITTED- ORIGINAL ON FILE) PUBLIC SAFETY SERVICES New police services, fire protection and suppression services, and life safety services (the "Services") of the City of P-dm 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 ;md parunedics, fire apparatus, supplies and per�onnel;provided, however-, that any increases in special taxes for costs related to employee wages and benefits shall be limited as provided in the Rare and Method of Apportionment of the Special TLxts to fund such Services. EXHIBIT C RATE AND METHOD OF APPORTIONMENT (OMITTED - ORIGINAL ON FILE) RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF T11E CITY OF PALM SPRINGS,CALIFORNIA,DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) WHEREAS, the City Council of the City of Pahrn Springs, California, ("City Council"), at this time desires to authorize the annexation of territory to City of Pahnn Springs Community Facilities District No. 2005-1 (Public Safety Services) (hereafter referred to as"CFD No. 2005-1") pursuant to the terms and provisions of the"Mello-Roos Community Facilities Act of 1982",being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"), and, WHEREAS, CFD No. 2005-1 was fomred to finance Public Safety Services in addition to those provided in or required for the territory within the CFD No. 2005-1 and will not be replacing services already available. WHEREAS, certain territory is proposed to be annexed to CFD No. 2005-1 and such territory shall be known and designated as Community Facilities District No. 2005-1 (Public Safety Services), Annexation No. 3 (hereafter referred to as "Annexation No. 3"). WHEREAS,this legislative body now desires to proceed to adopt its Resolution of Intention to annex Annexation No. 3 into CFD No. 2005-1, to describe the territory included within Annexation No. 3 proposed to be annexed, to specify the services to be financed from the proceeds of the levy o Cspecial taxes within Annexation No. 3,to set and specify the special taxes that would be levied within the territory to finance such services, and to set a time and place for a public hearing relating to the annexation of Annexation No. 3 into CFD No. 2005-1; and, WHEREAS,a map showing the boundaries of Annexation No.3 proposed to be annexed has been submitted,which map has been previously approved and a copy of the map shall be kept on file with the transcript of these proceedings. NOW, THEREFORE, IT IS HEREBY RESOLVED DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS: SECTION 1 Recitals. The above recitals are all true and correct. SECTION 2 Authorization. These proceedings for annexing Annexation No. 3 into CFD No. 2005-1 are authorized and initiated by this legislative body pursuant to the authorization of the Act. SECTION 3 lntention to Annex. This legislative body hereby determines that the public convenience and necessity requires that Annexation No. 3 be added to CFD No. 2005-1 in order to pay the costs and expenses for the required and authorized new services generated from new development within the City and this City Council declares its intention to annex Annexation No. 3 to CFD No. 2005-1. 1 SECTION 4 Boundaries. A general description of the boundaries of Annexation No. 3 proposed to be annexed is as follows: All that territory proposed to be annexed to CFD No. 2005-1, as such property is shown on a map designated as "Map of Proposed Boundaries of Community Facilities District No. 2005-1 (Public Safety Services),Annexation No. 3,"attached hereto as Exhibit "B" and hereby incorporated by reference. SECTION 5 Name of District. The name of the district is "City of Palnn Springs Community Facilities District No. 2005-1 (Public Safety Services)" and the designation for the territory to be annexed shall be "City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services), Annexation No. 3." SECTION 6 Services Authorized to be Financed by CFD No. 2005-1.Annexation No. 3. The services that are authorized to be financed by CFD No. 2005-1 are certain services which are in addition to those provided in or required for the territory within CFD No. 2005-1 and Annnexation No. 3 and will not be replacing services already available. A general description o(`the services to be financed by CFD No. 2005-1 is as follows: PUBLIC SAFETY SERVICES New 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-umergency services to new growth areas of the City of Palm Springs, including but not limited to, equipment,vehicles, ambulances and paramedics,fire apparatus, services,supplies and personnel;provided,however,that any increases in special taxes for costs related to employee wages and benefits shall be limited as provided in the Rate and Method of Apportionment of the Special Taxes to fund such Services. The same types of services that are authorized to be financed by CFD No_ 2005-1 are the types of services to be provided in Annexation No. 3. If and to the extent possible, such services shall be provided in common within CFD No. 2005-1 and Annexation No. 3. SECTION 7 Special Taxes. It is the further intention of this City Council body that,except where funds are otherwise available,a special tax sufficient to pay for such services to be provided in CFD No. 2005-1 and Annexation No. 3 and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in Annexation No_3, will be levied annually within the boundari es o f such Annexation No. 3. For further particul ars as to the rate and method of apportionment of the proposed special tax,reference is made to the attached and incorporated Exhibit A(the"Rate and Method of Apportionment'),which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within proposed Annexation No. 3 to clearly estimate the maximum amount that such person will have to pay. The special tax proposed to be levied within Annexation No. 3 for services to be supplied within Annexation No. 3 shall be equal to the special tax levied to pay for the same services in CFD • 0 2 No. 2005-1, except that a higher or lower special tax maybe levied within Amiexation No. 3 to the extent that the actual cost of providing the services in Annexation No. 3 is higher or lower than the cost ofproviding those services in CFD No. 2005-1.Notwithstanding the foregoing,the special tax may not be levied at a rate that is higher then the maximum special tax authorized to be levied pursuant to the Rate and Method of Apportionment. The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties,procedure, sale and lien priority in any case of delinquency as applicable ibr ad valorem taxes. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer. The maximum special tax rate in CPT] No. 2005-1 shall not be increased as a result of the annexation of Annexation No. 3 to CFD No. 2005-1. SECTION 8 Public Hearing. Notice is given that on the 20th day of June,2007 at the hour of 6:00 p.m.,in the regular meeting place of the City Council being the Council Chambers,located at 3200 East Tahquitz Canyon Way, Palm Springs, California, 92262, a public hearing will be held where this City Council will consider the authorization for the annexation of Annexation No. 3 to CFD No. 2005-1, the proposed method and apportionment of the special tax to be levied with Annexation No. 3 and all other matters as set forth in this Resolution of Intention. At such public hearing, the testimony of all interested persons for or against the annexation of Annexation No. 3 or the levying of special taxes within Annexation No. 3 will be heard. At such public hearing,protests against the proposed annexation of Annexation No. 3, the levy of special taxes within Annexation No. 3 or any other proposals contained in this resolution may be made orally by any interested person. Any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularities or defects to which objection is made.All written protests shall be filed with the City Clerk prior to the time fixed for the public hearing. Written protests may be withdrawn at any tune before the conclusion of the public hearing. SECTION 9 Majority Protest. If (a) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within CFD No. 2005-1, (b) 50% or more of the registered voters,or six(6)registered voters,whichever is more,residing within Annexation No. 3, (c) owners of one-half or more of the area of land in the territory included in Annexation No. 3, or, (d) owners o f one-half or more of the area of land in the territory included in Annexation No. 3,file written protests against the proposed anmexation of Annexation No. 3 to CFD No. 2005-1 in the future and such protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be undertaken for a period of one year frown the date of the decision by the City Council on the issued discussed at the public hearing. SECTION 10 Notice. Notice of the time and place of the public hearing shall be given by the City Clerk by publication in the legally designated newspaper of general circulation, said 3 publication pursuant to Section 6061 of the Govenuncnt Code,with said publication to be completed at least seven (7) days prior to the date set Por the public healing. The foregoing Resolution No. was passed and adopted by the City Council of the City of Patin Springs on the 16th day of May 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: David H- Ready, City Manager City of Palm Springs Attest: City Clerk, James Thompson City of Palm Springs 4 EXHIBIT A RATE AND METHOD OF APPORTIONMENT CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) RATE AND METHOD OF APPORTIONMENT A Special Tax of Community Facilities District No. 2005-1 (Public Safety Services) of the City of Palm Springs (the "District") shall be levied on all Assessor's Parcels in the District and collected each Fiscal Year commencing in Fiscal Year 2006-07 in an amount detennined by the City through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the District, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terins hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of in Assessor's Parcel as shown on an Assessor's Parcel Map, or i f 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 Trial), other condominium plan, or functionally equivalent snap or instrument recorded in the Office of the County recorder. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Govemmem Code of the State of California, as amended, which authorizes the establishment of the District to finance: a) police protection services, and b) fire protection and suppression services, and life safety services including but not limited to ambulance and paramedic services. "Administrative Expenses" means the actual or estimated costs incurred by the City as administrator of the District to determine, levy and collect the Special Taxes, including the proportionate amount of the salaries and benefits of City employees whose duties are directly related to administration of the District and the fees of consultants, legal counsel, the costs of collecting installments of the Special Taxes upon the general tax rolls, preparation of required reports; and any other costs required to administer the District as detennined by the City. "Annual Escalation Factor" means the greater of the increase in the annual percentage change of the All Urban Consumers Consumer Price Index (CPI) or the percent increase of salaries and benefits for public safety employees as stated in the Meuiorandurn of Understanding for the fiscal year of the Special Tax. The annual CPI used shall be for the area of Los Angeles-Riverside-Orange County, CA as reflected in the then-current April update. The annual CPI used shall be as detennined by the United States Department of Labor, Bureau of Labor Statistics, and may be obtained through the California Division of Labor Statistics and Research (www.dir_ca_gov/dlsr). If the Septcrr 7,2005 Y CuyCAPalmSpy* Crn ,r tyFaalidoDistnallo. 2005-1 (Public safety serza5 u.16� foregoing index is not available, the CFD Administrator shall select a reasonably comparable index. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by assessor's parcel number. "Base Year" means Fiscal Year ending June 30, 2007. "City" means the City of Palm Springs. "Council" means the City Council of the City of Palm Springs, acting as the legislative body of the District. "County" means the County of Riverside, California. "Developed Multi-Family Residence" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constricting 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 apartruent units. "Developed Property" means all Taxable Property, exclusive of Property Owner Association Property, Non-Residential Property, or Public Property, for which a building- pen-nit was issued after January 1, 2006 and prior to May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Developed Single-Family Residence" means all Assessors' Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one single-family residential dwelling unit. "District Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "District" means Community Facilities District No. 2005-1 (Public Safety Services) of the City of Palm Springs. "Entitled Property" means an Assessor's Parcel and/or lot in the Dishict, which has a Final Map recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied, but for which no building permit has been issued prior to the May I" preceding the Fiscal Year in which the Special Tax is being levied. The tern "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 Septe�r�7,2005 ? City cfpdmSpni 19 CAnvw*FacdztzaDis=Na 2005-1 (Pdii safev,50�) designated as a remainder parcel determined by final documents and/or maps available to the District Administrator. "Final Map" means an Assessor's Parcel Map, a Final subdivision map, other parcel map, other final map, other condominium plan, or functionally equivalent map that has been recorded in the Office of the County Recorder. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Land Use Class" means any of the classes listed in Table 1. "Lot" means property within a recorded Final Map identified by a lot number for which a building pennit has been issued or may be issued. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below that ezui be levied in the District in any Fiscal Year on any Assessor's Parcel. "Non-Residential Property" means all Assessors' Parcels for which a building permit(s) has been issued for a non-residential use and does not contain any residential units as defined under Developed Single family Residence or Developed Multi-Family Residence. "Property Owner Association Property" means any property within the boundaries of the District that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or sub-association. "Proportionately" means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal lbr all Assessor's Parcels within each Land Use Class. "Public Property" means any property within the boundaries of the District that is, at the time of the District formation or at the time of an annexation, expected to be used for rights-of-way, parks, schools or any other public purpose and is owned by or irrevocably offered for dedication to the federal government, the State, the County, the City or any other public agency. "Public Safety Service Costs" means the estimated and reasonable costs of providing police services and fire protection and suppression services and life safety services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City staff that directly provide police services and fire protection and suppression services and life safety services, respectively, and (iv) City overhead costs associated with providing such services within the District. On each July 1 following the Base Year the increases attributed to salaries and benefits shall be calculated and limited to the increase based on the Annual Escalation Factor. The Special Tax provides only partial funding for police, fire and life safety services_ S,pt,,,�,r 7, 2005 3 -- - Qy ofPabnSpnrrys Qm a4,AIy Faccdtw Dis[nct Na 2005.1 ( WHx Safety Smw) 10, "Special Tax" means the Special Tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to Cund the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Sections C and D, below. "Special Tax Requirement" means that amount required in any Fiscal Year for the District to: (i) pay for Public Safety Service Costs-, (ii) pay reasonable Administrative Expenses; (iii) pay any amounts required to establish or replenish any reserve funds-, and (iv) pay For reasonably anticipated delinquent Special Taxes based on the delinquency rate Por Special Taxes levied in the previous Fiscal Year; less any surplus of fiords available from the previous Fiscal Year's Special Tax levy. "State" means the State of California. ""Taxable Property" means all of the Assessor's Parcels within the boundaries of the District and any future annexation to the District that are not exempt from the Special Tax pursuant to law or as defined herein. "Tax Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax-Exempt Property includes: (i) Public Property, (ii) Property Owner Association Property, (iii) Non-Residential Property, and (iv) property designated by the City or District Administrator as Tax-Exempt Property. "Undeveloped Property" means, for each Fiscal Year, all Assessor's Parcels or Taxable Property not classified as Developed Property or Entitled Property, including an ,Assessor's Parcel that is designated as a remainder parcel and is not identified as potential Public Property by any final documents and/or maps available to the District Administrator. "Unit" means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year using the definitions above, all Taxable Property within the District shall be classified as Developed Property, Entitled Property, or Undeveloped Property. Developed Property shall be further classified as Developed Single-Family Residence or Developed Multi- Farnily Residence. Commencing with the Base Year and for each subsequent Fiscal Year, all Taxable Property shall be subject to Special `faxes pursuant to Sections C and D below. C. MAXIMUM SPECIAL TAX RATE 1. Developed Property TABLE 1 Maximum Special Tax for Developed Property Community Facilities District No. 2005-1 (Public Safety Services) Sepnwiixr7, 2005 4 — - QyoE"Pabn3pnsags Co»vra 4 F xd lie;Dutad Na 2005.1 (PWHXS4IySeI_a(9s)0020 Maximum F Land Use Description Special Tax Class Per Unit 1 Developed Sinble-Family $350 per Unit Residence 2 Developed Multi-Family $295 per Unit Residence On each July 1 following the Base Year (i.e., July 1, 2007), the Maximum Special Tax Rates in Table 1 shall be increased in accordance with the Annual Escalation Factor- Once the Maximum Special Tax Per Unit is equal to $500 per Unit, no further Annual Escalation Factor shall be applied and the Maximum Special Tax Per Unit shall not exceed $500- 2. Entitled Property TABLE 2 Maximum Special Tax for Entitled Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Land Use Description Special Tax Class Per Lot 3 Entitled Property $100 per Lot No Annual Escalation Factor shall be applied to the Maximum Special Tax Per Lot for Entitled Property. 3. Undeveloped Property Undeveloped Property will be assigned a Maximum Special Tax Rate of 5500 per acre or portion thereof, with a minimum rate of$100 for Undeveloped Property less than or equal to one-forth(1/4) of an Acre as described in Table 3. TABLE 3 Maximum Special Tax for Undeveloped Property Community Facilities District No. 2005-1 (Public Safety Services) Septaro 7, 2005 5 CityofpabnSprirlgy CumaaatyTaalazffDrsmr tNa 2005-1 (PiAicSafetySemite) Maximum Land Use Description Special Tax Class Per Parcel/Acre 4 Undeveloped Property $100 per 51/4 Acre Assessors Parcel 5 Undeveloped Property $500 per Acre >1/4 Acre No Annual Escalation Factor shall be applied to the Maximum Special Tax Per Parcel/Acre for Undeveloped Property. 4. Tax-Exempt Property No Special Tax shall be levied on Tax-Exempt Property. 5. Multiple Land Use Classes In some instances an Assessor's Parcel may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax levies that can be imposed on all Land Use Classes located on that Assessor's Parcel, D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2006-07, and for each subsequent Fiscal Year, the District Administrator shall calculate the Special Tax Requirement based on the definitions in Section A and levy the Special Tax as follows until the amount of the Special Tax levied equals the Special Tax Requirement. First, the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Developed Property Proportionately between Developed Single-Family Residence and Developed Multi-Family Residence up to 100% of the applicable Maximum Special Tax. Second, if the Special Tax Requirement has not been satisfied by the first step, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Entitled Property up to 100% of the applicable Maximum Special Tax for Entitled Property. Lastly, if the First two steps have not satisfied the Special Talc Requirement, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Undeveloped Property up to 100% of the applicable Maximum Special Tax for Undeveloped Property. E. ,APPEALS Any taxpayer that believes that the amount of the Special Tax assigned to an Assessor's Parcel is in error may file a written notice with the District Administrator appealing the levy of the Special Tax. This notice is required to be filed with the District Administrator Scpw7her 7,2005~ 6 Qy of Pdm Springs Co 7w=yFacltttaDstnaNa 2005-1 (PtbIXSa,rgSMi4 oc) during the Fiscal Year the error is believed to have occurred. The District Administrator or designee will then promptly review the appeal and, if necessary, meet with the taxpayer. If the District Administrator verifies that the tax should be changed the Special Tax levy shall be corrected and, if applicable in any case, a refund shall be granted- F. EXEMPTIONS I. Residential Property Residential Properties which annually meet one or more of the following standards shall he exempt from payment of the Special Tax: a. A Residential Property consisting oCone or two person(s) earning $15,300 or less gross income per year, upon complying with procedures to establish such exemption, or b. A Residential Property consisting of three persons earning $17,900 or less gross income per year, upon complying with procedures to establish such exemption, or C. A Residential Property which qualifies for either the Low Income Rate Assistance (LIRA) exemption for electrical or gas services or the Lifeline exemption for telephone services. The City is authorized and directed to promulgate administrative rules and procedures For verification of eligibility for the exemptions referred to in section F. G. MANNER OF COLLECTION Special Tax as levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the District Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the District or as otherwise determined appropriate by the District Administrator. H. TERM OF SPECIAL TAX Every five years after the establishment of the District, the City Council may reexamine, if deemed necessary by City Council, the necessity of the continuance of the Special Tax through the preparation of a Fiscal Impact Analysis, otherwise the Special Tax shall be levied in perpetuity. Septam 7, 2005 7 C Y c0alm SP7* Cone NmVFaa&u DiszndNa 2005.1 (11 &acSafelySM@101(6713 MAP OF PROPOSED BOUNDARIES OF sHe ncca COMMUNITY FACILITIES DISTRICT NO. 2005-1 [PUBLIC SAFETY SERVICES] ANNEXATION NO. 3 CITY OF PA ASPRINGS COIJNS OF RIVERSI DE SSATEOFGALIFORIi IA FIIF➢LI i1C-R�1LE OE NE LILY VEFKiHS_flAV OF 2(R Cf`M.%i'IC M l 3T1XE1YlUI SFRAIM1G PFP. JM EW llYRES C£1HtiE%AT6Y E. TO CESI. Lp OF FA C CRIESCI SIFCIIiO AY-1 FAST PALM11 C'ANYQN Rf1f>TG y'i1PHO AS�ETV£EF'110ESI. 1 OF PTIH:v'.i NS S.LCIMYC£ R 1.Of cOFC 109'RlM'.LSAP'�l V.£T]EY hE CfI'I COJM1PL C£h]=CfIYo-PIOY'e'ilb9 ATA lC6L6li N MiEC£.FEI➢ 5O CN iNE 0.1T OF 13 2CN.9Y RiFL Q]FIF}IJ� � 6 11 N_ cmclElss � cm�ewaEPrrncs j DIED rar_cxr Cl-xm,wlraE lFxrl of 0 bQ➢ f N11iE3'OR_C£MS[61 A3'vT.SNE EC C RK'A1YmFAQ1111E5 pl3[FICIS AT Pl. O 111E C£HCEC£ 11E CG.NCY PECOPLEf}CG1YT!OF FIVEiS.E STAiE OF..Li FEE T PI SFFTIN�R IO L]FM WAi O..lCE550.iC4JYlY[�Y�FES£➢A 3ro�rrr 0 0 c UIO, UER e coulPry Le CEN RYEFfmE PEr,WgM 1311ALEro, HT NIE10FO PCMARYNPCF`"f ILNTY O O FN.l5lIS[ISIRCF IIO'6pa1 p5lp�5l�ET1�'R:ESf OF riE GfV C 0.P,c SFN35REC 1.Wp NTTA PEI'I YE W5 SOFAS RE^ AiC m .."cI lITIIIPER 1.Z PIEIXNF.OF I.AS 11051E19 IrRYp CV'1 N J im FAC]Sr a'CI SIRCfS.11G=_5]I iI..VS PIS•Nl'A3rt M19 .1N TAE MN NDGYEM1'_rM OF E.H ON DO•fA]L`51M1%NY GNT113 [I}Gg4N.W1L EcT10.EE1SE9 NI]o:1R}IROY9 A$SiFIAN CfI TF:E f'1 L519EIKlMIASSE3A'�FS NVa'F'.II TMOf PAP[ELS IISIEIl T"� 63 TIE Wi N 9 CE CMNT AiFs5 s111 s5 4{ W'I ?rOR ALL LE m ASF.R 0. ESSORS DN.LERY4Y31HE L91=w'AO NWUSY_NS OFF SIICII LOM al PAFARq I.O F ELNO 1 510{CpIXN 2 510{QOC3a s mmom> N � slo-mpco-] LEGEND s slp@OUI e slo-mw,ez ANIIE%TTI0.Y BONI:O,VRY V ] slo-mwva e 516RW<� � ASSFS5IJJ'1�NNN_:A 9 610-@p�A3 S. 10 slw 3 11 stemww6 Mu niFinancial CA MAP OF PROPOSED BOUNDARIES OF S EE 2OF3 COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 3 CITY OF PALM SPRINGS COIF: OF RNERSIDE STATE OF CA!IFMNIA Tlx 1f -214 15iT1 t5a'"SEORS IY]. PRF.CEL IfO 12 5.m233P2i EL A1.IAE[]A N - :AAYNY 911l:_S ROAD 4 s c o g z o 0 a O E U C 13 Z C � O O IQQ � 2 a j ]HIVE 0 k S N N nT YPa 9f933 1,Af .LS'.R RSSESWfi3 R� PiAC£IA1 I AIF a easlelun R�TO PIACF 5 14 eo�lal ute LEGEND � Ak:lE%ATION 6�U1lGGyy MuniFinancial Qdl ASSESSME! 1:UlARER f�9 f�.Td V I MAP OF PROPOSED BOUNDARIES OF =REET30F3 COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO.3 CIT1 OF PALM SPRINGS COUNTY OF SWERS10E STATE OF CALIFORNIA TrMl�o al?al S t F 0.59E990 'S G NO PARCEL - 1 ]pl 132 Opt L 5p♦ 191 pp2 �o � ] Sp♦ 000 p5d b ^y Z D z � = o a caMlr:cuEz noau a z 4-Ez �� Quo: a o` S � � 0 0��0 ctaRlso aoao m LEGEND PNNE%.1T @CUNCPgY Q ASSESSMENT WMBEIA M u niFinancial J i. Resolution No. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING BOUNDARY MAP SHOWING TERRITORY PROPOSED TO BE ANNEXED IN THE FUTURE TO COMMUNITY FACILITIES DISTRICT NO. 2005-I (PUBLIC SAFETY SERVICES) WHEREAS, the City Council of the City of Palm Springs, California, ("City Council"), fonned a Community Facilities District, designated as Community Facilities District No. 2005-1 (Public Safety Services) (hereafter referred to as "CFD No. 2005-1"), pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the"Act"); and WHEREAS, the City Council desires to initiate proceedings to annex certain territory to CFD No. 2005-1; and, WHEREAS, there has been submitted a map showing the territory proposed to be annexed to CFD No. 2005-1, said area to be designated as Community Facilities District No. 2005-1 (Public Safety Services), Annexation No. 3 (hereafter referred to as "Annexation No. 3"). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 Recitals. The above recitals are all true and correct. SECTION 2 Annexation Map. The map showing Annexation No. 3 and to be subject to the levy of a special tax by CFD No. 2005-1 upon the annexation of such territory to CFD No. 2005-1 is hereby approved and adopted. Such map is designated by the name of`Boundary Map of Annexation No. 3 to City of Palm Springs Community Facilities District No_ 2005-1 (Public Safety Services)." SECTION 3 Certificate. A certificate shall be endorsed on the original and on at least one (1) copy of the map of Annexation No. 3, evidencing the date and adoption of this Resolution, and within fifteen days after the adoption of the Resolution fixing the time and place of the Public Hearing on the intention to annex Annexation No. 3 to CFD No. 2005-1, a copy of said map shall be filed with the correct and proper endorsements thereon with County Recorder, all in the mariner and form provided for Section 3111 of the Streets and Highways Code of the State California. 1 The foregoing Resolution No. was passed and adopted by the City Council of the City of Palm Springs on the 16th clay of May 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: David H. Ready, City Manager City of Palm Springs Attest: City Clerk, James Thompson City of Palm Springs 2